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HomeMy WebLinkAbout02-24-26 Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Edwards) F.2 Authorize the City Manager to Sign a Parks Community Grant Program Grant Agreement with Mountain Time Arts for See Bozeman Creek Artwork(Jadin) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, February 24, 2026 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 F.3 Authorize the City Manager to Sign a Notice of Award to Hardrives Construction, Inc. for Construction of the 2023 Transportation Alternatives Path Preservation Project(Gamradt) F.4 Notice of Award to Hoffman's R&M Services, Inc. for the Whittier Elementary School Parking Lot Reconstruction Project(Fontenot) F.5 Authorize the City Manager to Sign a Bailment Agreement with Craig Hergert for the Display of Art in City Hall(Henderson) F.6 Authorize the City Manager to Sign a Professional Service Agreement with Rimrock Foundation, Inc(Boundy) F.7 Authorize the City Manager to Sign a Professional Services Agreement with Maddaus Water Management to Update the Water Conservation DSS Model(Ahlstrom) F.8 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Latta Consultants LLC dba Indigo West for the Parking Vision Project 2025(Staley) F.9 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with DOWL, LLC, for the Hyalite Intake Rehabilitation Project(Johnson) F.10 Authorize the City Manager to sign Amendment to Services Agreement 1 for Bozeman Urban Renewal District Task Order 3 for Street Lighting on Main and Mendenhall(Fine) F.11 Authorize the City Manager to Sign the First Amendment to the Architectural Services Agreement with MSR Design for Design and Related Services for the Bozeman Library Children's Room Renovation Project(Miller) F.12 Authorize the City Manager to Sign a First Amendment to the Term Contract with Buffalo Restoration for Cleaning Services(Miller) F.13 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with DOWL, LLC for the MSU Interceptor Improvements Project(Gamradt) F.14 Resolution for the Creation of Special Improvement Lighting District 794 Jarrett Subdivision Phase 1(Hodnett) F.15 Resolution for the Creation of Special Improvement Lighting District 795 SRX II (Hodnett) F.16 Resolution of Intent to Modify Special Improvement Lighting District 743 for South University District Phases 1-3 to include lights in Phase 3 Block 3 lot 1A, Block 3 lot 1B and Block 4 Lot(Hodnett) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the 2 H. Special Presentation H.1 The Story of Unseen Crime(Hutchings) I. Action Items I.1 Consideration of Appeal 25769 Regarding Conditional Approval of Sundance Springs Commercial Lot 2 Site Plan Application Number 25238(George) J. FYI / Discussion K. Adjournment 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. 1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. 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:Serena Axelson, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:February 24, 2026 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 February 25, 2026. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 4 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Parks Community Grant Program Grant Agreement with Mountain Time Arts for See Bozeman Creek Artwork MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to Sign a Parks Community Grant Program Agreement with Mountain Time Arts for See Bozeman Creek Artwork 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 Bozeman Parks and Trails Community Grant Program (Community Grant Program) replaces the former Parks Improvement Grant Program. The Community Grant Program is administered by the Bozeman Parks and Recreation Department utilizing a portion of Cash-In-Lieu of Parkland funds in the Park Land Trust Fund which are allocated by the City Commission during the budgeting process. The Bozeman Parks and Urban Forestry Board, with assistance from Parks and Recreation Staff, reviews applications and recommends grant awards depending on fund availability, amounts applied for and based on grant scoring criteria. All Community Grant funding awards must meet state and local requirements for the utilization of cash-in-lieu of parkland funds. Mountain Time Arts applied for funding towards the "More Precious Than" mosaic art installations meant to call attention to Bozeman Creek's ecological health and make its location in the downtown urban hardscape more visible. This project was done as part of the SeeBozemanCreek community initiative working with the City on the Bozeman Creek Vision Plan. The mosaic at the bridge near Creekside Park was recommended for an award of $10,000 from the Parks and Recreation Community Grant Program and another $9,998 was provided by the Downtown Urban Renewal District for the overall project. The attached grant agreement clarifies responsibilities and ownership of the artwork and authorizes the grant payment. 5 UNRESOLVED ISSUES:na ALTERNATIVES:Per Commission FISCAL EFFECTS:Funds approved in the FY25 and FY26 budgets Attachments: Ex.A_Grant-Application.pdf Ex.B-DURD-Invoice.pdf Ex. C. VARA Waiver of Rights.pdf Ex.D_MTA-Artist-Contract.pdf MTA_Agmt-More_Precious_Than.pdf Report compiled on: February 12, 2026 6 PROJECT INFORMATION Project Name: ______________________________________________________________________________________ Location: __________________________________________________________________________________________ Location of project within the park/public recreation area and nearest cross street: __________________________________________________________________________________________________ __________________________________________________________________________________________________ APPLICATION INFORMATION Applicant (Organization): _____________________________________________________________________________ Primary Contact(s): __________________________________________________________________________________ Phone Number(s): ___________________________________________________________________________________ Email Address(es): ___________________________________________________________________________________ FUNDING REQUEST Funding Requested: _________________________________________________________________________________ Match Provided by Applicant FINANCIAL (IF APPLICABLE/NOT REQUIRED): ___________________ Match Provided by Applicant VALUE OF IN-KIND LABOR OR MATERIALS (IF APPLICABLE/NOT REQUIRED): BRIEF PROJECT DESCRIPTION (DO NOT EXCEED SPACE PROVIDED) __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Exhibit A COMMUNITY GRANT PROGRAM APPLICATION Funding Awarded: 10,000 MTA Grant Agreement 7 8 9 Mountain Time Arts proposes to install public art to raise awareness of Bozeman Creek as it flows through downtown Bozeman. Two mosaics will prompt wonder and conversations regarding water and how we balance our community values towards natural resources. VISION - More Precious Than • Two poetic and beautiful artworks that motivate people to discover, return, puzzle, and understand the connection of Bozeman Creek and other natural resources to the health of the city and to themselves. • To provide an opportunity for viewers to consider their values. It asks - what do we value as a community- and points to the creek and nature. • To offer art that inspires action to protect and value natural resources. Implementing these public art installations will raise awareness of Bozeman Creek as it flows through downtown. With increased awareness it is possible to build the community will that is required to revitalize Bozeman Creek. The proposed artworks will contribute to the advancement of the following goals of the City of Bozeman: City Commission Priorities 2024 – 2026 Sustainable Environment Goal: Create a Bozeman Creek Resiliency Plan Conduct a study to identify areas where public interaction with Bozeman Creek can be enhanced through future parkland development 2023 Comprehensive Parks, Recreation and Active Transportation Plan Theme 2: Programs, Places, and Partnerships Strengthen Programs, Places, and Partnerships to meet changing community needs. • Expand temporary art exhibitions and permanent public art programs across city parks and facilities. 10 • Work with . . . organizations focused on community enrichment and wonderment, like . . . Mountain Time Arts to foster more engagement with art and exploration throughout the city Theme 4: Natural Resources Steward and sustain Natural Resources across the parks and trail system. • Advance the protection and enhancement of Natural Resource areas and Trees, especially sensitive lands. • Design and demonstrate ways for people and children to interact with wetlands, waterways and forests. The More Precious Than mosaics will inspire and motivate people to advocate for the revitalization of Bozeman Creek in downtown Bozeman. The revitalization, completed in stages, will result in the addition of new parklands along the waterway running through the heart of our downtown. The resultant benefits of parklands along a revitalized waterway could include: • restore a healthy and resilient riparian corridor • reduced danger from flooding • living sensitively with natural resources • interactivity and play - safely engage with the creek and each other • social and economic benefits for downtown Bozeman • placemaking and additional parkland 11 12 13 P. O. Box 984 • Bozeman, MT 59771 • 406-599-0293 www.mountaintimearts.org SeeBozemanCreek More Precious Than Mosaics BUDGET Mosaic Fabrication $44,000. Mosaic Installation $10,000. Artist Fees $ 6,000. Project Administration $2,000. TOTAL $62,000. Fabrication Franz Mayer of Munich https://mayersche-hofkunst.de/en Installation Franz Mayer of Munich Meristem Services https://mayersche-hofkunst.de/en https://meristemservices.com Artist Janet Zweig https://janetzweig.com Producer Mountain Time Arts https://mountaintimearts.org 14 May 22, 2025 City of Bozeman Parks Division Community Grant Program To Whom It May Concern: As you consider Mountain Time Arts for a Community Grant, we offer the Downtown Business Partnership’s full support of the More Precious Than project. We have partnered with Mountain Time Arts since 2020 on numerous initiatives to envision and lead to the revitalization of Bozeman Creek to become a community asset. As you are aware, a goal for the City of Bozeman for FY ’25 & ’26 is to create a Bozeman Creek Resiliency Plan. Thought provoking, place-based, art raises awareness of the presence of and challenges facing Bozeman Creek and brings our shared vision closer to reality. More Precious Than will engage with our downtown community and prompt passers-by to dream big when considering what a revitalized Bozeman Creek could mean to downtown. The Downtown Business Partnership encourages community engagement in our public spaces and we anticipate that the Community Grant will catalyze efforts to revitalize Bozeman Creek for the enjoyment of all of our community and visitors. Thank you for your consideration. Ellie Staley, Executive Director Downtown Bozeman Partnership 406-586-4008, ellie@downtownbozeman.org 15 May 29, 2025 mail P.O. Box 7021, Bozeman, MT 59771 office 212 S. Wallace Ave., Suite 101, Bozeman, MT 59715 City of Bozeman Parks Division Community Grant Program: As an advocate for open lands and connected trails, and as a partner with the City of Bozeman, Gallatin Valley Land Trust (GVLT) looks forward to the revitalization of Bozeman Creek downtown. This revitalization will provide a healthy and resilient riparian corridor, opportunities to safely engage with the creek, and additional park land downtown. GVLT’s mission to develop partnerships and bring diverse groups together to work towards long range visions for our community prompts us to support the proposed Mountain Time Arts public art project. More Precious Than will inspire and motivate community members to advocate for the revitalization of Bozeman Creek. The revitalization, completed in stages, will result in environmental, social, and economic benefits along the waterway running through the heart of our downtown. GVLT has been a part of the citizens group SeeBozemanCreek, and we enthusiastically support Mountain Time Arts effort to bring continued awareness to Bozeman Creek in the form of creative art installations. Sincerely, Adam Johnson Trails Program Manager 16 TO: City of Bozeman, Parks Division FROM: Trust for Public Land DATE: May 27, 2025 Re: Community Grant Program The Northern Rockies Office of Trust for Public Land (TPL) enthusiastically supports Mountain Time Arts (MTA) effort to bring awareness to Bozeman Creek in the form of creative art installations. Since 2020, MTA has collaborated with numerous organizations to heighten awareness around this critical water source flowing through our vibrant downtown. TPL knows well the value in supporting community efforts that will shine a light on the cultural, historical, environmental, and social issues that surround the creek. The place-making, revitalization, and public art installations will spark critical thought and curiosity and create a community filled with vibrant outdoor spaces for generations to come. Further, MTA’s efforts align well with TPL’s significant investments in Story Mill Community Park, where nature-based solutions allow Bozeman creek to swell into engineered floodplains. I write to recommend that the MTA’s grant application for Bozeman Creek be selected as a recipient of the Bozeman Community Grant Program. MTA works tirelessly to involve myriad voices and community perspectives in all their past public art projects, which maintain integrity with each iteration and create solidarity amongst diverse community members. TPL focuses on land for people, and supports organizations like MTA, which accomplish this mission in many ways – their outreach has successfully connected with Indigenous artists, scholars, and leaders; and agricultural and scientific communities to conceive of and propose projects that engage marginalized communities. Through a diversity of voices and perspectives, MTA’s work produces dynamic dialogue and profound public art. I strongly support the Bozeman Creek public art installation project, More Precious Than, for the Community Grant Program, as MTA is a perfect match for strengthening our community and providing hopeful, positive outcomes for the future of Bozeman, Montana. Thank you for your consideration. Sincerely, David Weinstein Association Vice President and Northern Rockies Director Trust for Public Land 1007 E Main St., STE 300 Bozeman, MT 59715 17 CITY OF BOZEMAN ACCOUNTS PAYABLEPO Box 1230. Bozeman, MT 59771-1230(406) 582-2334 PAY TO:mantain Time ArtsPO Box 984, Boreman mt 59771 CHECK # TOTAL $ 9998. VENDOR # DATE INVOICE Fund/Dept-Div/Act/Elm-Obj DESCRIPTION AMOUNT7/25/25 #2508 116-8210-459,50-10 Bozeman Creek- public art $9998. DOWNTOWN URBAN RENEWAL (TIF) DISTRICT222 East Main Street, Suite 302, Bozeman MT 59715 CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED:am Emily Cope, Economic Development Director,Downtown Bozeman Partnership Downtown URD Board Member DEPARTMENT HEAD OR DESIGNEE APPROVAL:_FINANCE DEPARTMENT REVIEW: I, the undersigned, do solemnly swear, that I am Economic Development Director of DOWNTOWN BOZEMAN PARTNERSHIPOFFICIAL TITLE COMPANY OR CORPORATIONI am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sanilee n Phone: 586-4008 SS# or Tax ID# 81-6001238 Business License # _CITY OF BOZEMAN THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BEPROCESSED. 18 19 VARA Waiver - Page 1 of 4 - WAIVER OF VISUAL ARTISTS’ RIGHTS ACT (“VARA Waiver”) 1. Parties. This VARA Waiver made this __________ (“Effective Date”) is by and between: Grantee/Author. Mountain Time Arts, with a mailing address of 222 E. Main Street, Suite 102, Bozeman, MT 59715 (“Assignor”), and Grantor/Assignee 1. City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Grantor/Assignee 1”). Grantor/Assignee 2. Downtown Area Urban Renewal District, located at 222 E. Main St., Suite 302, Bozeman, MT 59715 (“Grantor/Assignee 2”). The Assignor and the Grantor/Assignee are each referred to herein as a “Party” and collectively as the “Parties.” 2. Description of Grantee/Authored Projects. The Assignor, through this Assignment, transfers assigns to the Grantor/Assignee of all the Assignor’s interest in: a. The following copyrighted Project (“Project”): i. Project 1. • Grantee/Author Name: Mountain Time Arts • Title of Project: More Precious Than • Located at bridge at Bozeman Creek at Lamme Street ii. Project 2. • Grantee/Author Name: Mountain Time Arts • Title of Project: More Precious Than • Located at bridge at East Olive Street/Rouse Ave. b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals and extensions; d. The income, royalties, and damages due to the Assignor in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and misappropriations for each Project. 20 VARA Waiver - Page 2 of 4 - 3. Waiver. Grantee/Author voluntarily waives all rights to attribution and integrity with respect to the Project, as described in the Grantor/Assignee of Bozeman’s Grant Agreement and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Project, its display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the Grantor/Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Project is incorporated into a building such that the Project cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Project occurs, Grantee/Author waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the Grantor/Assignee, and its agents, officers and employees, for modification of the Project. This VARA Waiver incorporates the VARA waiver provided by the artist Janet Zweig, to MTA. 4. Grantee/Author’s Right to Accreditation and Promotion. Grantee/Author retains the right to reproduce, publish, or display the Project in Grantee/Author’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Grantee/Authorship of the Project. 5. Right to Modify. The Grantor/Assignee 1 and Grantor/Assignee 2 has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Project, in whole or in part. The Grantor/Assignee is not required to provide the Grantee/Author with any notice of modification. 6. Third Party Claims. Neither the Grantor/Assignee 1 or Grantor/Assignee 2 have an obligation to pursue claims against third parties for modifications or damage to Project 1 or Project 2 done without either’s authorization. However, either Grantor/Assignee 1 or Grantor/Assignee 2 may pursue claims against third parties for modifications or damage or to restore either Project if the Project was modified without prior authorization. If either Grantor/Assignee 1 or Grantor/Assignee 2 pursues such a claim, it shall notify the Artist, and Artist shall cooperate with all efforts to pursue such claims. 7. Grantee/Authorship. If either Grantor/Assignee 1 or Grantor/Assignee 2 modifies either Project without the Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim Grantee/Authorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the either Grantor/Assignee must provide notice if it wishes to remove the Project from a part of the building and the removal can occur without destruction or modification of the Project. 21 VARA Waiver - Page 3 of 4 - Grantee/Author is required to keep both Grantor/Assignee 1 and Grantor/Assignee 2 informed of its updated mailing address. 9. Integration and Modification. This Agreement may not be modified except by written agreement signed by all parties. 10. 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 Grantee/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. 11. No Third Party Beneficiary. The terms and provisions of this Assignment are intended solely for the benefit of each Party and their respective successors and assigns. It is not the Parties’ intent to confer third party beneficiary rights upon any other person or entity. 12. Choice of Law. This Assignment shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 13. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Assignment 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. 14. Severability. If any portion of this Assignment is held to be void or unenforceable, the balance of the Assignment shall continue in effect. 15. Counterparts. This Assignment may be executed in counterparts, which together constitute one instrument. 16. Assignment and Delegation. Assignor may not subcontract or assign rights to any other individual or corporation not listed in this Assignment. 22 VARA Waiver - Page 4 of 4 - 17. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties. No statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. 18. Execution. The Parties represent and warrant to the other that each person executing this Agreement on behalf of each Party is duly Grantee/Authorized to execute and deliver this Agreement on behalf of that party. 19. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Grantee/Assignor’s Signature: _________________________ Date: ________________ Print Name: _________________________ Grantor/Assignee 1 Signature: _________________________ Date: ________________ Print Name: _________________________ Grantor/Assignee 2 Signature: _________________________ Date: ________________ Print Name: _________________________ 23 MTA Grant Agreement Exhibit D 24 25 26 27 28 29 30 31 32 Agmt MTA - Page 1 of 10 - Agreement for Mountain Time Arts THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman, MT 59771 (“City”), the Downtown Area Urban Renewal District, located at 222 E. Main St., Suite 302, Bozeman, MT 59715, (“DURD”) and Mountain Time Arts, a 501(c)(3) nonprofit, charitable organization located at 306 S. 7th Ave., Bozeman, MT 59715 (“MTA”). The City, DURD, and MTA may be collectively referred to as the “Parties” in this Agreement. WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, MTA submitted a proposal to the Parks and Recreation Department for a grant of $31,000 for the See Bozeman Creek public art installation along Bozeman Creek (“Project”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community with an opportunity to reflect on the attributes of a healthy riparian corridor in the middle of an urban area; and WHEREAS, on June 25, 2024, the Commission appropriated $220,000 for the Parks Community Grant Program with the passing of the fiscal year 2025 budget; and WHEREAS, DURD is responsible for undertaking and carrying out urban renewal projects pursuant to 7-15-4251, MCA; and WHEREAS, one location on E. Olive Street for the two-part installation of the Project is located within the DURD; and WHEREAS, DURD has the authority to execute a contract in furtherance of its responsibilities under state law and its bylaws. THE PARTIES AGREE: 1. Compensation. The City will grant and release to MTA a sum of up to ten thousand dollars ($10,000) from its Park Improvements Grant Fund (the “Grant”) pursuant to the payment terms in paragraph 3. On August 13, 2025, DURD paid MTA a sum of nine 33 Agmt MTA - Page 2 of 10 - thousand nine hundred ninety-eight dollars ($9,998.00) pursuant to the payment terms in paragraph 3. 2. Use of Funds. Grant funds from the City and funds from DURD will be used by MTA for the sole purpose of installing artwork and materials costs as described in the grant application submitted by MTA to the City Commission, and attached to this Agreement as Exhibit A and by this reference incorporated herein. a. The “Project” is defined as an original piece of public art conceived and designed by the MTA, as set forth in MTA’s grant agreement. See Exhibit A. b. The Project was installed on the north side of the bridge over Bozeman Creek at Lamme Street near Creekside Park through the use of the City’s grant funds, and on the south side of the bridge at East Olive Street/Rouse Avenue through the use of DURD funds. 3. Payment of Funds a. MTA may request the Grant funds from the City during the fiscal year ending June 30, 2026, as needed, by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Unless otherwise approved by the Director of Finance, any funds from the Grant not awarded during the fiscal year ending June 30, 2026 will remain in the City’s Park Land Trust Fund and will be available for other appropriation. c. The City is not obligated to pay any Grant funds unless at the time of the request for payment (i) all of MTA’s representations as set forth in Section 4 are true and correct, and (ii) MTA is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. d. DURD submitted payment on August 5, 2025 upon receiving an invoice from MTA on July 25, 2025, and attached as Exhibit B. 4. MTA Representations a. MTA represents and warrants that: a. The Project is an original Project by MTA; b. MTA is the legal owner of the Project; c. The Project does not infringe on any existing copyright; 34 Agmt MTA - Page 3 of 10 - d. MTA has not entered into any other assignments, transfers, licenses, contracts, or mutual understandings that conflict with the terms and obligations of this Agreement; and e. There are no copyright infringement claims currently pending or threatened, nor does MTA have any reason to believe that any copyright claims will be brought or threatened in the future. b. MTA has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect MTA’s performance under this Agreement. c. MTA represents and warrants to City and DURD that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. Neither the City nor DURD will not determine or exercise control as to general procedures or formats necessary for MTA to meet this warranty; and d. MTA represents and warrants to the City that the Grant funds are necessary to accomplish the financial requirements of the “More Precious Than” public art installation. 5. Reports/Accountability/Public Information for Grant Funds. If Grant funds are paid to MTA, MTA will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. MTA agrees to develop and/or provide such other documentation as requested by the City demonstrating MTA’s compliance with the requirements of this Agreement. MTA must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to MTA pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. MTA will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. MTA shall not issue any statements, releases or information for public dissemination without prior approval of the City. 6. Permits and Compliance with Laws. MTA will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 35 Agmt MTA - Page 4 of 10 - 7. Title of Ownership. The City shall be the legal owner of the Project located at Creekside Project. DURD shall be the legal owner of the Project located at E. Olive St. MTA agrees to transfer title of ownership of the Project to the City and to DURD upon the completion of its installation. MTA warrants that it has the legal right to transfer the legal title of ownership to the City and DURD. Title transfers upon the Effective Date of this Agreement. Once the title transfers, the City and DURD will take title in and to the Project, and any and all drawings, sketches, models, and any other documents or materials created by the Artist in furtherance of the Project. MTA agrees to deliver to the City all such materials within five (5) working days of title transfer. MTA assigns an irrevocable license to the City and DURD to make reproductions of the Project for any municipal or public purpose, including but not limited to any publicity, as set forth in Paragraph 14, which the City or DURD deem appropriate. 8. Waiver of Visual Artists’ Rights Act (“VARA”). In addition, as required by the U.S. Copyright Act, MTA agrees to sign a 1990 VARA Waiver (“Waiver”), attached as Exhibit C. As detailed in Exhibit C, this Waiver fully incorporates the VARA waiver between Janet Zweig and MTA, attached as Exhibit D. MTA acknowledges that by signing the Waiver, MTA is agreeing to voluntarily waive all rights to attribution and integrity with respect to the Project, and any and all claims that may arise under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or any other local, state, or federal law that conveys the same or similar “moral rights,” as defined by VARA, with respect to the Project. 9. Ownership of Copyright. The City and the MTA acknowledge and agree that Janet Zweig, LLC (“Artist”), with a mailing address of 54 Willow St. 4A, Brooklyn, NY 11201, will remain the owner of all copyright rights to the Project. 10. License Agreement. MTA grants to City and to DURD the irrevocable right to use images of the Project in materials about or relating to the Project, and to allow other third-parties associated with City or DURD, to do so. This right applies to all media now known or later developed, including, but not limited to print, digital, television, radio, video, and internet format. This license includes the right for City or DURD to reproduce, distribute, and publicly display the project in all forms and for any purpose. Neither City nor DURD’s license invalidates or nullifies the rights the Artist retains under U.S. Copyright law. MTA agrees to indemnify, defend, and hold harmless both City and DURD, and their officials, employees, and against any and all claims, liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of litigation, incurred by the City for its use of this license. 36 Agmt MTA - Page 5 of 10 - All reproductions by City or DURD must contain a credit to the Artist and the MTA, and a copyright notice substantially in the following form: “Janet Zweig and Mountain Time Arts, 2025.” The Artist and the MTA shall give a credit reading substantially, “An Original Work Owned by the City of Bozeman.” 11. Installation of the Project. MTA, at its expense and in consultation with City and DURD, arranged for the preparation and installation of the project at two locations: a. On the north side of the bridge over Bozeman Creek at Lamme Street near Creekside Park through the use of the City’s grant funds; and b. On the south side of the bridge at East Olive Street/Rouse Avenue through the use of DURD funds, which was issued on August 13, 2025. As further delineated in paragraph 11, City and DURD retain the right to repair, remove, or un-install the Project at any time. 12. Maintenance, Repairs, and Alterations. City recognizes that because the Project is attached to a public bridge, maintenance of the Project is essential to ensure public safety and the structural safety of the bridge at the Creekside location, as well as to protect the integrity of public infrastructure. Upon transfer of the title, as set forth in paragraph 7, City and DURD retain full discretion and responsibility to maintain and protect the Project in order to ensure public safety. City and DURD retain the sole right to determine whether, when, and to what extent any repairs to the Project that each paid for will occur. Neither City nor DURD are obligated to provide MTA notice before undertaking any repairs or modifications to the Project. However, City and DURD must endeavor to notify the MTA of any proposed alteration of the Project. MTA’s is responsible for maintaining a current contact person and contact information to receive such notice. City and DURD are under no obligation to provide notice to the MTA if the MTA fails to maintain its contact information. Because the Project is attached to public property and has a multifunction purpose that implicates public safety and the structural safety of the Bridge, MTA agrees to indemnify, defend, and hold harmless the City against any and all liability, damage, loss, or expense, including reasonable attorneys’ fees and expenses of litigation, incurred by the City for any and all claims raised under VARA. Should the City or DURD determine that the removal or extraction of the Project is necessary, MTA retains first priority to reclaim physical possession of the Project. In such an instance, MTA is responsible for all associated costs of such removal. 13. Publicity. The MTA will coordinate with City and DURD on publicity of the Project. Publicity includes, but is not limited to, any interviews, flyers, brochures, mailings, advertisements, emails, social media posts, blog posts, or verbal communications of any type, either live or pre-recorded. 37 Agmt MTA - Page 6 of 10 - 14. Independent Contractor Status. The Parties agree that MTA, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of City for any purpose. MTA and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. MTA, its agents, employees, contractors, or subcontractors, are not authorized to represent City or otherwise bind City in any way. 15. Default and Termination. If MTA fails to comply with any condition of this Agreement at the time or in the manner provided for, City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to MTA. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, MTA will repay to the City any Grant funds already delivered to MTA for the Project. 16. Limitation on MTA’s Damages; Time for Asserting Claim a. In the event of a claim for damages by MTA under this Agreement, MTA’s damages shall be limited to contract damages and MTA 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 MTA wants to assert a claim for damages of any kind or nature, MTA must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event MTA fails to provide such notice, MTA shall waive all rights to assert such claim. 17. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Park Planning and Development Manager, or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representatives and approvals or authorizations will be issued only by such Representatives; provided, however, that in exigent circumstances when City’s Representatives are not available, MTA may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. 38 Agmt MTA - Page 7 of 10 - b. DURD’s Representative. DURD’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership, or such other individual as DURD may designate in writing. Whenever approval or authorization from or communication or submission to DURD is required by this Agreement, such communication or submission must be directed to the DURD’s Representatives and approvals or authorizations will be issued only by such Representatives; provided, however, that in exigent circumstances when DURD’s Representatives are not available, MTA may direct its communication or submission to other designated DURD personnel or agents and may receive approvals or authorization from such persons. c. MTA’s Representative. MTA’s Representative for the purpose of this Agreement shall be Jim Madden or such other individual as MTA designates in writing. Whenever direction to or communication with MTA is required by this Agreement, such direction or communication must be directed to MTA’s Representative; provided, however, that in exigent circumstances when MTA’s Representative is not available, City may direct its direction or communication to other designated MTA personnel or agents. 18. Indemnity/Waiver of Claims/Insurance. The MTA will bear all risk of loss and damage to the Project until title transfers to the City, as set forth in paragraph 7 of this Agreement. To the fullest extent permitted by law, MTA agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from MTA’s (i) negligence, or (ii) willful or reckless misconduct or any claims arising under U.S. Copyright law and the Visual Artists Rights Act . Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). MTA’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against MTA to assert its right to defense or indemnification under this Agreement or under MTA’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines MTA was obligated to 39 Agmt MTA - Page 8 of 10 - defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. MTA also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, MTA shall at MTA’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 MTA in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by MTA in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and MTA shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to MTA. MTA shall notify City within two (2) business days of MTA’s receipt of notice that any required insurance coverage will be terminated or MTA’s decision to terminate any required insurance coverage for any reason. This section shall be read in conjunction with the indemnification provisions detailed in sections 9 and 11 of this Agreement. 40 Agmt MTA - Page 9 of 10 - 19. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 20. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 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. No Assignment. MTA may not subcontract or assign MTA’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 23. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 24. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 25. 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. 41 Agmt MTA - Page 10 of 10 - 26. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 27. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 28. Entire Agreement. This Agreement, together with its exhibits, contains the entire understanding and agreement of the Parties. and supersedes all prior agreements and understandings, oral or written, related to the Project. No statements, promises or inducements made by any Party or their agents not contained in this written Agreement may be considered valid or binding. 29. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: _____________ Chuck Winn, City Manager City of Bozeman _______________________ Date: _____________ Jim Madden, Board Member Mountain Time Arts Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman 42 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Notice of Award to Hardrives Construction, Inc. for Construction of the 2023 Transportation Alternatives Path Preservation Project MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Notice of Award to Hardrives Construction, Inc. for the Construction of the 2023 Transportation Alternatives Path Preservation Project for the Total Schedule 1 Bid Plus Miscellaneous Work, in the Amount of $288,999.06. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the 2023 Transportation Alternatives Path Preservation II-Bozeman project (UPN 10450). The project generally involves preservation of existing asphalt shared use pathways in the City, including: pavement cold milling, hot mix overlays, friction seal, pedestrian ramp improvements and incidental items. Bid plans are attached for reference. The contract is to be completed within 60 calendar days of the issuance of the notice to proceed. Bids for the project were opened on January 21st with 4 bids submitted. The low bid was submitted by Hardrives Construction, Inc in the amount of $288,999.06 for the base bid plus miscellaneous work. The low bid was reviewed by Department of Transportation and Engineering staff and recommended for award. The Bid Tabulation for the project is attached. UNRESOLVED ISSUES:None ALTERNATIVES:Deny. FISCAL EFFECTS:Match funding (13.42% of construction cost) has been appropriated in the FY26 Budget through project STR20 in the amount of $38,899.27. The remainder will be funded by the 2023 Transportation Alternatives Preservation grant. 43 Attachments: 14-NoticeOfAward.frm.doc Bid Tab.pdf TA Path Preservation Plans.pdf Report compiled on: February 2, 2026 44 NOTICE OF AWARD Dated: __February 24, 2026___________ TO: __Hardrives Construction, Inc____ ADDRESS: __PO Box 2535, Billings, MT 59106___ PROJECT: _ Path Preservation Transportation Alternatives Project CONTRACT FOR: Path Preservation Transportation Alternatives Project You are notified that your Bid opened on__January 21, 2026__, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Path Preservation Transportation Alternatives Project. The Contract Price of your Contract is: __Two Hundred eighty eight thousand nine hundred ninety nine & 06/100___ Dollars ($_288,999.06___). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______________. 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders, and the General Conditions (paragraph 6.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 6) and Supplementary Conditions (paragraphs SC-6.03 and SC-6.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 45 Name:Contractor #:Affirmation Form:Addenda Acknowledged Bid Bond:Base Bid Total: Hardrives Construction, Inc 3391 x x x $288,999.06 CK May Excavating, Inc 35949 x x x $309,810.00 CR Contracting 214976 x x x $379,914.00 Wharton Asphalt LLC 24530 x x x $398,229.10 Kellen Gamradt Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - Transportation Alternatives Path Preservation Project These bids were opened and read before the undersigned at 2:00 pm on Wednesday, January 21, 2026 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Notice of Award to Hoffman's R&M Services, Inc. for the Whittier Elementary School Parking Lot Reconstruction Project MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Hoffman's R&M Services, Inc. for the Whittier Elementary School Parking Lot reconstruction project, pending legal review of the contract documents. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: The City Commission approved the Midtown Action Plan in 2017, which charted a new direction in pairing infrastructure spending and blight remediation with proposed private investment. The intent of the Action Plan is to, “attract targeted private investment by leveraging the market potential of the Midtown District and removing barriers to redevelopment through strategic infrastructure investments and incentives.” The Annual Report and the recommended Work Plan and Budget reflect this specific strategy and approach to using private investment to propel blight remediation and urban renewal. The Midtown Action Plan proposes targeting future development that includes the following elements: Infill. The intent of urban renewal is to remove blight to improve an area for the entire community benefit. Remodeling of existing structures or infill of underutilized lots is the priority of this Plan. As discussed, infill development is more challenging than vacant greenfield development and warrants focused investment of staff time and resources. Increased building density. Increased building density increases the number of people in the District, which helps create the desired active pedestrian environment. More density of buildings grouped together in districts is especially desired to encourage pedestrians to explore adjacent buildings. Buildings that are separated by large parking area or vacant lots will impede pedestrian movement. Encourages multimodal transportation. New projects should provide 60 amenities such as adequate bike parking or bus schedule real time monitors in lobbies. At the same time, the Urban Renewal District should invest in infrastructure projects such as bike lanes and signals or covered bus stops to make alternative transportation options visible, safe, and desirable. Retail that serves surrounding residents. To achieve a more vibrant pedestrian-oriented environment the District must consist of uses that are a frequent destination by residents. Retail amenities that are experience based such as restaurants or ice creams shops are desired because they generate activity and are more resilient to emerging ecommerce trends. Such amenities will also attract more housing investment. Bozeman is in significant need of all types of housing, therefore it is called out as a specific use that is desired. The Midtown District zoning is intended to accommodate more dense housing projects with potential access to retail amenities nearby. Additionally, the Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. Per State Law, there are only a few ways urban renewal funds can assist schools in Montana. Tax increment financing may be used to complete certain infrastructure projects, including parking lots. The engineer's estimate for the project originally came in at approximatley $361,000 for the reconstruction of the Whittier Elementary School parking lot. After opening the bids, Hoffman's R&M Services, Inc was selected. Their bid price came in at $160,181.80, $200,818.20 below the engineer's estimate. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Bozeman City Commission. FISCAL EFFECTS:The contract value is $160,181.80, $200,818.20 below the engineer's estimate of $361,000. The Midtown Urban Renewal District has available funds to complete the project. Attachments: 20260209_WhittierElementaryParking_NoticeOfAward.pdf Report compiled on: February 10, 2026 61 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: __________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars ($ ). [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer City of Bozeman Required Insurance documents are required with executed contract documents four (4) Whittier Elementary Parking Lot City of Bozeman COB_24URD02 Hoffman's R&M Services, Inc 2100 Meadowlark Ln, Butte, MT 59701 12/4/2025 The Contract Price of your Contract is: one hundred sixty thousand one hundred eighty one dollars and eighty cents ($160,181.80). the redevelopment of the existing Whittier Elementary School parking lot. 4 2 Whittier Elementary School parking lot 62 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Bailment Agreement with Craig Hergert for the Display of Art in City Hall MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign a Bailment Agreement with Craig Hergert for the Display of Art in City Hall STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art and other arts and cultural initiatives in the city. BACKGROUND:The City is renewing its bailment agreement with Craig Hergert, Montana Panoramic Co. The purpose of this agreement is to establish the terms of the loan of 18 photographs which are displayed to the public and located in City Hall. The photographs remain the personal property of Craig Hergert, and are on loan to the City for 12 months. The City may, in its discretion, choose to extend the loan period. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Hergert Bailment Agreement.pdf Hergert-City hall inventory list.Ex. A.final.pdf Report compiled on: February 3, 2026 63 City of Bozeman, Montana Bailment Agreement with Craig Hergert Page 1 of 5 THIS BAILMENT AGREEMENT is made and entered into this _____ day of ____________, 2026, by and between 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 the “City,” and Craig W. Hergert, Montana Panoramic Co., hereinafter referred to as the “Bailor” with an address of 280 W. Kagy, Suite D #196, Bozeman, MT 59715. In consideration of the following, Bailor and City agree as follows: Section One: Subject Matter of Loan; Title The personal property described below, referred to as the “Art,” is loaned by Bailor to City upon installation by the Bailor at the Bozeman City Hall, located at 121 North Rouse Ave., Bozeman, MT 59715, for the purposes to display the Art to the public. The Art is described as eighteen (18) photographs that are specifically depicted in the attached Exhibit A: Hergert – City Hall Inventory. At the time of loan to City, the total value of the Art is $25,066.60 (TWENTY-FIVE THOUSAND SIXTY-SIX DOLLARS AND SIXTY CENTS). The basis for the valuation is Bailor’s estimate of the fair market value of the Art at the time of installation at City Hall. City agrees to this valuation subject to an appraisal upon a claim per Section VI of the Memorandum of Liability Property Coverage as described in Section Three of this Agreement. Bailor warrants that it has all right, title and ownership interest in the Art and that the Art is not subject to any other ownership claim or any lien, encumbrance, copyright infringement or other claim by any other person or entity. Bailor agrees that it shall not take any action to limit or affect this warranty during the term of this Agreement unless it obtains the advance written consent of City. Section Two: Duration of Loan; Termination of Agreement The Art loaned to City must remain in the custody and control of City for no more than a period of twelve (12) months from the date of this Agreement even if the Art remains on City property after expiration of this Agreement. City may, in its sole discretion, extend the duration of the loan in writing. If City does not extend the loan period and terminates this Agreement as provided below and should the Art remain upon City property beyond the duration of loan or after termination by City, Bailor agrees the Art remains upon City property at Bailor’s sole risk and shall not be considered to be within City’s custody and control. City may terminate this Agreement with 30 (thirty) days written notice to Bailor for any reason or no reason. If City terminates this Agreement, Bailor must, at their sole expense, remove the Art by the end 64 City of Bozeman, Montana Bailment Agreement with Craig Hergert Page 2 of 5 of the 30-day period only in the presence of a representative of City and upon evidence the party removing the art is Bailor or is authorized by Bailee to remove the Art. During the period of loan the Art may be removed by Bailor at any time subject to prior written notice to City. Bailor may remove the Art upon termination by Bailor only in the presence of a representative of City and upon evidence the party removing the art is Bailor or is authorized by Bailor to remove the Art. Section Three: Care of Art & Insurance; Valuation Subject to the terms of this Agreement, City will exercise reasonable care in respect to the Art. As described below, upon installation of the Art and continuing for the duration of the Loan as described in Section Two, City accepts responsibility for the Art against loss or damage but only to the extent as provided for and limited by this Agreement. Upon execution of this Agreement, City must submit this Agreement to the Montana Municipal Interlocal Authority for inclusion of the Art on City’s schedule of covered property. City must provide property coverage only when the Art is in its care, custody, and control and as otherwise limited by this Agreement. The scope of City property damage coverage for the Art is subject to all terms and conditions of the MMIA Memorandum of Property Coverage (“Memorandum”), effective July 1, 2023. In addition to the limits of coverage and the exclusions in the Memorandum, Bailor recognizes the Art is to be displayed outside and in a public setting where City staff does not control public access to the Art. As such, City shall accept no responsibility or coverage for damage to the Art caused by vandalism nor for damage to the Art caused wear and tear or by weather, sunlight, temperature, humidity, rain, wind, snow, ice, or any other natural occurrence, including wear or damage caused by sprinklers or other routine grounds maintenance. For any claim covered by this Agreement and the Memorandum regarding property damage to the Art, Bailor agrees to assume all financial responsibility for the payment of any deductible required by the MMIA, and that City would be obligated for pursuant to the Memorandum and its declarations. Bailor recognizes and agrees that should the MMIA determine a claim is covered by its Memorandum and this Agreement, any payment to Bailor pursuant to such a covered claim will be reduced by applicable deductible. The Parties recognize the value of the Art listed in Section One has not been established by an independent professional appraisal. Upon the filing of a claim for coverage under the Memorandum, City may, in its discretion, require a certified professional appraisal of the Art at Bailor’s sole expense. City must agree to the appraiser in writing. In no case shall the value of the Art as determined by an appraisal upon a claim exceed the value agreed to by the parties in Section One. 65 City of Bozeman, Montana Bailment Agreement with Craig Hergert Page 3 of 5 If Bailor has property insurance or similar covering the Art other than provided for by this Agreement, Bailor must notify City of such coverage and provide City evidence of such coverage as may be requested by City. Should Bailor have other property damage insurance, Bailor agrees City’s coverage will be considered secondary and not excess. Bailor recognizes City’s provision of property damage coverage for the Art does not provide personal liability coverage for Bailor for such purposes as would normally be covered by Bailor’s own professional or commercial general liability or typical errors and omissions coverage. Section Four: Contact Information; Change of Address For all communication regarding this Agreement, City’s representative must be Jon Henderson. All written correspondence must be delivered to jhenderson@bozeman.net and any correspondence regarding termination or removal of Art must also be sent to Jon Henderson. For Bailor, all written communication must be delivered to Craig Hergert at craig@montanapanoramic.com and for any correspondence regarding termination also delivered to Bailor at Craig Hergert at craig@montanapanoramic.com, Bailor must notify City in writing of any change of address. In case of Bailor’s death, their legal representative must notify City of such occurrence in writing within 90 days of the death, with information indicating the legal representative’s authority to act on behalf of Bailor and information as to whom and where notices should be sent. Section Five: Photographs and Use of the Art Unless City is notified in writing to the contrary, it is understood the Art may be photographed and reproduced in the publications of City of Bozeman or displayed on City of Bozeman’s for publicity purposes connected or other images may be made and distributed for educational use. In such case, Bailor specifically waives any claim against City for copyright infringement. Section Six: City not Consignee, Exhibitor, or Art Dealer Bailor agrees that City is not acting as an exhibitor, consignee, or art dealer on behalf of Bailor. Bailor agrees to indemnify, defend, and hold harmless City and their officers, employees and agents from any claim of whatever nature regarding City acting as a consignee, exhibitor, or art dealer. Section Seven: Miscellaneous 1. Assignment. Bailor may not assign this Agreement in whole or in part without the prior written consent of City. No assignment will relieve Bailor of its responsibility for the performance 66 City of Bozeman, Montana Bailment Agreement with Craig Hergert Page 4 of 5 of the Agreement including its duty to defend, indemnify and hold City and City harmless under Section Six. 2. Applicable Law. The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 3. Dispute Resolution. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between the representatives listed in Section Four. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the dispute. 4. Waiver. A waiver by City of any default or breach by Bailor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 5. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 6. Amendments. This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 7. 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. 8. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 9. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 10. Bailor not Agent. The parties agree and acknowledge that in the performance of this Agreement, Bailor must not perform its duties as the agent, representative, subcontractor, or employee of City or City of Bozeman. 11. Integration. This Agreement constitutes the entire agreement of the parties. Covenants or representations not contained in this Agreement or made a part 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 67 City of Bozeman, Montana Bailment Agreement with Craig Hergert Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MONTANA PANORAMIC CO. By__________________________________ By_________________________________ Chuck Winn, City Manager Print Name: Craig W. Hergert, Print Title: Owner-Operator 68 Ex. A. Hergert Inventory Page 1 of 2 Exhibit A: Hergert – City Hall Inventory 1. "Bridger Moonrise" - 60" x 15" Framed Valued at $1,211.60 USD 2. “East Gallatin Fall" 35"x35" canvas with custom walnut frame Valued at $1,040.00 USD 3. "Grand Prismatic Spring" - 30"x20" cotton paper print with black frame Valued at $682.50 USD 4. “Sacajawea Peak View” 40x10 metal print Valued at $551.00 USD 5. "Spring at the Pavilion" - 30x10 canvas with walnut frame Valued at $325.00 USD 6. "Above the Ridge" 100" x 24" canvas-gallery wrap framed Valued at $2,437.50 USD 7. "Northern Bridgers" - 30x10 paper print with black wood frame Valued at $455.00 USD 8. "Bozeman Pass" - 55x15 paper print with white mat and walnut frame Valued at $1,040.00 USD 9. "Washboards" - 60" x 15" Gallery Wrap Framed Limited Edition Valued at $1,235.00 USD 10. "Valley of Flowers" - 80" x 20" Framed Limited Edition Valued at $2,275.00 USD 11. "Paradise Eve" - Limited Edition framed print on Canvas--30" x 10" Valued at $585.00 USD 12. "Hyalite" - Gallatin Range, MT - 24"x72"gallery wrap canvas Valued at $2,177.50 USD 13. "The Fall Line" - 90" x 30" Custom Framed Triptych open edition paper print - framed Valued at $2,925.00 USD 14. "Downtown" 60 x 24" - black wood framed canvas print, open edition - signed: Valued at $1,137.50 USD 15. "Third Cutting" - 45" x 15" custom framed paper print- #12 of 75 Valued at $1,105.00 USD 69 Ex. A. Hergert Inventory Page 2 of 2 16. "Spanish Balsamroot" - 90" x 30" Custom Framed Triptych open edition paper print - framed (Copy) Valued at $2,665.00 USD 17. "Jefferson Crossing" Limited Edition of 75 on Canvas--65"x30" Valued at $2,340.00 USD 18. "Jefferson Crossing" Limited Edition of 75 on Canvas--54"x13" Valued at $1,105.00 USD 70 Memorandum REPORT TO:City Commission FROM:Renee Boundy, Treatment Court Coordinator J. Colleen Herrington, Municipal Court Judge SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Rimrock Foundation, Inc MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Service Agreement with Rimrock Foundation, Inc. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The treatment courts had a contract with Cedar Creek Integrated Health (CCIH). CCIH closed their doors on November 30, 2025. This contract is a short term exigency measure to provide continuity of services for the treatment court participants while we go through the RFP process to select a longer term treatment provider. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:Rimrock Foundation is open and ready to provide the full spectrum of services for this short term contract. Other alternatives were not explored. FISCAL EFFECTS:The funds for the services covered in the professional services agreement are either already included in the FY 26 budget or they are reimbursed by grant funding. There are no extra fiscal effects. Attachments: Rimrock Exigency Contract Final.docx Report compiled on: February 12, 2026 71 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of February, 2026 (“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, Rimrock Foundation, Inc., hereinafter referred to as “Contractor.” 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 to this Agreement 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 24th day of August 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 City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 72 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 2 of 15 Contractor represents and warrants: 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 has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish 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. 73 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 3 of 15 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or 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 must be without regard to and without any right to contribution from any insurance maintained by City. 74 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 4 of 15 Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines 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. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to 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 claim; $2,000,000 per occurrence;  Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence;  Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional 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 75 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 5 of 15 approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against 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. 11. 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 9, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 11 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it 76 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 6 of 15 advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must 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 12, 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 must, 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. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s 77 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 7 of 15 possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” g. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. 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 must 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 must 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 must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Renee Boundy or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such 78 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 8 of 15 communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be _____Dennis R. Wizeman, Senior Director of Finance________________ or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number 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: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 19. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilized Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees 79 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 9 of 15 it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 20. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must 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 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 must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to 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 must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous 80 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 10 of 15 inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 22. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 24. 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. 25. 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 in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 26. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 27. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, 81 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 11 of 15 the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 28. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 29. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 30. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 31. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 32. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 33. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 34. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 35. 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 oral 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. 82 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 12 of 15 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. 37. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 83 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 13 of 15 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 RIMROCK FOUNDATION, INC. CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Jeff Keller Print Title: CEO APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 84 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 14 of 15 Exhibit A Scope of Services Rimrock Foundation, INC., 1231 North 29th Street, Billings, MT 59101referred to as "CONTRACTOR" from this point forward, will provide all materials and perform all labor to complete the following services described in the "SCOPE OF WORK" below: Administrative Support: The Contractor can bill for up to 10 hours of administrative support per month to include uploading notes into the treatment court database and disseminating eligibility information Staffing: Contractor shall provide one treatment provider to attend staffing and status hearings on the 2nd and 4th Tuesdays each month and attend leadership meetings once a quarter at a rate specified in the table below. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor only after prior authorization by the Treatment Court Coordinator. Chemical Dependency Evaluations with Mental Health Screening Assessment: Contractor shall complete the chemical dependency evaluations with mental health screening assessment as part of the Treatment Court participant screening process within 10 consecutive business days after the Treatment Court Coordinator notifies the Contractor of the need for an evaluation at the rate noted in the table below. Evaluations shall be conducted at the Gallatin County Detention Center, at 1276 N. 15th St., Suite 101, Bozeman, MT 59715, or at other locations as deemed appropriate by the Contractor. Contractor will present recommendations to the treatment team at staffing meeting on the Tuesday morning following the evaluation or communicate information to the Court Coordinator prior to this meeting. Contractor will provide recommended treatment to BRIDGERS Court Participants at the rates noted in the table below. The City is the payor of last resort for BRIDGERS Court treatment. Contractor will invoice participant’s insurance provider and then invoice BRIDGERS Court for the remaining amount due for services until the open enrollment period for the Health Care Marketplace. If participants choose not to obtain insurance during the open enrollment period, participant’s will become responsible for treatment costs. If participants obtain health insurance during the open enrollment period, the City will remain the payor of last resort. VETS Court participants are responsible for the costs of treatment. If they choose to receive treatment from the Contractor, the City will not be liable for the costs. The Contractor will provide an itemized invoice each month. The Court Coordinator will process invoices on the 15th and 30th of each month. Checks will be mailed within the 30 days of that date. Service Rate Intensive Outpatient 98.00/day Individual Sessions $98.00/session Treatment and Leadership Attendance $98.00/hour Seeking Safety and MRT Groups $45.00/class 85 Professional Services Agreement for BRIDGERS Treatment Court and VETS Treatment Court Page 15 of 15 Peer Support/Special Administrative Support $66.00/hour Bio/Psycho/Social Assessments $116.00/hour 86 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Maddaus Water Management to Update the Water Conservation DSS Model MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Maddaus Water Management to Update the Water Conservation DSS Model. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:On October 24, 2023, the City Commission adopted Resolution 5547, adopting the 2023 Water Conservation and Efficiency Plan (Plan). The Plan was developed by utilizing a Least-Cost Planning Decision Support System Model (DSS Model), which prepares long-range, detailed demand projections and benefit-cost analyses for the implementation of water conservation measures. The City is in the process of updating its Integrated Water Resources Plan (IWRP), which looks ahead 50 years to identify projected water supply needs and summarizes recommended water supply projects and water conservation measures to meet future needs. Including water conservation measures in the IWRP update provides a comprehensive plan for future water supply management, supports recommendations from the IWRP Water Advisory Committee, and aligns with the American Water Works Association G480 standard, which describes elements of a best-in-class water conservation and efficiency program. The attached Professional Services Agreement outlines professional services provided by Maddaus Water Management to update the DSS Model to support the IWRP update, ensuring that water conservation measure demand projections and benefit-cost analyses utilize the same basis of planning assumptions as the IWRP, are based on up-to-date data, and reflect water conservation measure recommendations from the IWRP Water Advisory Committee. 87 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total project costs are not to exceed $50,780 and will be paid for from the Water Conservation Division professional services fund. Attachments: PSA_DSS Modeling and Measures Update_2026.pdf Exhibit A_DSS Modeling and Measures Update_2026.pdf Report compiled on: February 5, 2026 88 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of February, 2026 (“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, Maddaus Water Management, 105 Zephyr Place, Danville, CA 94526, hereinafter referred to as “Contractor.” 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 to this Agreement 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 24th day of February, 2029, 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 City and will become an 89 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 2 of 14 additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: 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 has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 90 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 3 of 14 Contractor must furnish 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. 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must indemnify, defend, and hold the City harmless from any and 91 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 4 of 14 all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or 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 must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines 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. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered 92 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 5 of 14 by City without limit and without regard to the cause. Contractor must furnish to 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 claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional 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 approved by City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against 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. 11. Termination for Contractor’s Fault: 93 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 6 of 14 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 9, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 11 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must 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 12, 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 must, under no circumstances, be entitled to claim 94 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 7 of 14 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. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. 95 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 8 of 14 f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” g. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. 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 must 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 must 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 must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Michelle Maddaus, President, Maddaus Water Management, or such other individual as Contractor must designate in writing. Whenever direction to or communication with 96 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 9 of 14 Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number 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: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. 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 City. This includes ensuring that 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 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 97 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 10 of 14 and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). City will not accept digital content that does not comply with WCAG A and AA guidelines. If 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 City. 19. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilized Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 20. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must 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 City any violations of the Montana Equal Pay Act that Contractor has been 98 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 11 of 14 found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to 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 must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 22. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. 99 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 12 of 14 Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 24. 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. 25. 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 in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 26. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 27. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 28. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 100 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 13 of 14 29. 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. 30. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 31. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 32. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 33. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 34. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 35. 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 oral 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. 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. 37. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement 101 Professional Services Agreement for 2026 Water Conservation DSS Model and Measures Update Page 14 of 14 run longer than five (5) years from the effective date of this Agreement. **** 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 MADDAUS WATER MANAGEMENT By________________________________ By__________________________________ Chuck Winn, City Manager Michelle Maddaus, President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 102 www.maddauswater.com Exhibit A: Scope of Work Task 1. Conduct an Updated Screening to Bozeman’s Existing Water Conservation Measures. The Measure selection of the Measures (water-saving options) that will be Modeled is a major decision point. The Measure selection and the program design process will be completed in Task 1 as outlined below. At the end of this process, approximately 3-5 additional new Measures will be chosen for Modeling. These new 3-5 Measures will add to the existing 29 Measures, increasing the total up to 32-34 Measures in the DSS Model. First, MWM will review the previous conservation Measures and generate a list of possible future conservation Measures, selecting the activities that best fit the unique needs of the region while proposing a comprehensive program that meets Bozeman’s goals. MWM will develop a data collection procedure to gather relevant and available data from City staff. Bozeman staff will be asked to provide relevant data in electronic Microsoft Excel format. City staff will need to provide historical water data for all accounts. In addition, for any/all properties served through Bozeman’s Water Conservation Program, water conservation education and outreach initiatives, water efficiency projects, and incentives. MWM will assess the current conservation program’s rebate Measures and outreach protocols. The evaluation will include the following: a.Review of previous water conservation Measures b.Review of the current outreach strategies and protocols (Engage Bozeman) c.Explore the integration of emerging water-savings technologies d.Explore cost benefit analysis following an approved methodology e.Evaluation of Bozeman’s existing water conservation program f.Assessment of potential new conservation Measures Task 1.1. Measure Screening MWM will conduct a screening process from a list of approximately 130 Measures, which will be narrowed down to inform measure selection. Selection Criteria will be defined as well as other Measures to consider and/or possible combinations of actions to be represented within each measure. Task 1.2. Measure Selection MWM will assist Bozeman staff to choose and confirm approximately 3-5 new Measures to include in the updated Bozeman DSS Model (which will be updated in Task 2). Task 1.3. Measure Design Bozeman staff to define the Measures and their assumptions with MWM collaboration and support as needed. MWM will provide an Excel workbook that Bozeman can fill out to guide Measure input design process for any NEW selected Measures from the screening process. MWM and Bozeman will work together to update Measure design inputs for all EXISTING measures. Measure design inputs (MWM standard): •Targeted Water User Group End Use – Water user group (e.g., single family residential) and end use (e.g., indoor, or outdoor water use). •Utility Unit Cost – Cost of rebates, incentives, and contractors hired to implement Measures. •Customer Unit Cost – Cost for implementing Measures that is paid by retail customers (i.e., the remainder of a Measure’s cost that is not covered by a utility rebate or incentive). 103 www.maddauswater.com • Utility Administration and Marketing Cost – The cost to the utility for administering the Measure, including consultant contract administration, marketing, and participant tracking. • End Use Water Savings – The estimated savings per end use for implementing the measure, based on industry research, local studies from past participation, and/or fixture replacement calculations. • Participation Targets – The number or percentage of the customer base that is anticipated to participate or that the utility intends to target. Deliverables: 1. List of the key Measure changes including: • Removed Measures and why • Added Measures and why • New program with Measure listed • Summary of Measure design edits Task 2. MWM will Conduct a DSS Model Update The DSS Model will be updated with current population projections, information and costs and water savings and targets. It is intended the assumptions will be minorly refined after Bozeman staff review. After the attributes are defined by Bozeman staff, they will be combined into groups of Measures that will be implemented at the same time (Programs). MWM will support the development of targeted conservation strategies aligned with Bozeman’s goals. MWM will develop a cost benefit analysis that aligns as best as possible with the methodology selected for water supply alternatives outlined in the Integrated Water Resources Plan (IWRP) update to ensure that the cost/benefit of conservation Measures is comparable to supply alternatives. Deliverables: • Updated DSS Model in MS Excel format that has been updated for Bozeman. • A meeting with Bozeman staff to review the changes and results (the meeting is assumed to be a one- hour virtual meeting). • A 3-5 Technical Memorandum (TM) summarizing how the previous DSS Model compares activity levels with actual versus predicted costs. Task 3. Conduct Project Management and Meetings The project scope will include up to 6 virtual progress meetings and a final meeting (approximately 1 hour each) with Bozeman staff. MWM will provide monthly invoices and regular budget updates as well as monthly updates on schedules and progress on technical work. Schedule MWM is willing to start upon the successful expansion of the agreement and will continue through December 31, 2026, or until funds have been depleted. Cost Estimate The completion of this additional task will require an estimated budget of $50,780. MWM will not exceed the budget without prior written authorization from City of Bozeman staff. 104 www.maddauswater.com Michelle MaddausChris MatyasTess KretschmannCarlos BustosNicki PowellVictoria BravoMichelle MaddausChris MatyasTess KretschmannCarlos BustosNicki PowellVictoria BravoTask Name $375 $375 $255 $255 $175 $145 Task 1 Conduct Measure Screening 12 4 4 4 60 12 96 $4,500 $1,500 $1,020 $1,020 $10,500 $1,740 $20,280 Task 2 Provide Updated DSS Modeling - 12 12 4 -60 12 100 $4,500 $4,500 $1,020 $0 $10,500 $1,740 $22,260 Task 3 Conduct Project Management & Meetings -12 - 4 2 6 8 32 $4,500 $0 $1,020 $510 $1,050 $1,160 $8,240 Project Total Labor 36 16 12 6 126 32 228 $13,500 $6,000 $3,060 $1,530 $22,050 $4,640 $50,780 Other Direct Costs (Travel) Project Total Budget $50,780Total LaborProject Team Hours Project Team Cost Total HoursMWM MWM 105 MWM Staff Bios Michelle Maddaus, P.E., is a registered civil engineer with 25 years of experience, largely in water resources. She has been project manager (PM) for dozens of water conservation plans, including for Dallas Water Utilities (2024), Jordan Valley Water District (2022), and Metro Vancouver in British Columbia (2025). Michelle was co-author of the March 2021 AWWA Manual of Water Supply Practices, M71, Climate Action Plans – Adaptive Management Strategies for Utilities. Michelle is currently leading the team updating AWWA’s Manual of Water Supply Practices, M52, Water Conservation Programs – A Planning Manual, of which she authored the latest edition published in 2017 as well. Michelle will serve as the PM and has worked with Bozeman on their previous Water Conservation Plan. Chris Matyas is a computer software engineer with 25 years of experience in software and civil engineering, specializing in software design and water resources applications. Using his extensive programming skills, he has developed a wide range of customized software products distributed on HP, Lenovo, DELL systems, and more. Chris has collaborated with numerous utilities to create tailored software solutions, develop Commercial, Industrial and Institutional (CII) tools, and conduct CII water audits. Notable projects include the Jordan Valley Water Conservancy District (JVWCD) Master Plan (2022), where he served as the MWM modeler and conducted a demand forecast using his extensive knowledge of the JVWCD water system, customers, and historical conservation efforts. For over 150 utilities since 2010, Chris has developed water demand and conservation forecasts using MWM’s DSS Model. Chris’s expertise bridges software engineering and water resource management, delivering innovative tools and strategies for water efficiency. Chris will be providing QA/QC for this effort. Tess Kretschmann is a senior water resources analyst and staff engineer with 20 years of community, national, and international water efficiency and master planning experience. She is skilled in water demand projections and cost-effectiveness evaluations. Tess has completed over 100 demand and conservation planning studies, surveys, research projects, drought studies, and water loss validations. She has led workshops on drought management, master planning, and urban water management planning and has managed permitting efforts for local, state, and federal infrastructure facilities. Recent projects include Dallas Water Utilities (DWU) Water Demand Forecast; Liberty Utilities (New York) Water Conservation and Demand Forecast; and Portland Water Bureau and BAWSCA Regional Water Demand and Conservation Projections. Tess’s expertise in water efficiency and strategic planning has been instrumental in delivering actionable solutions to optimize water management for diverse stakeholders. Tess will be supporting the Measures selection process and DSS Modeling support. Carlos Bustos is a senior water resources project manager with 18 years of experience in water resources management and community development. Carlos brings expertise in the areas of utility operations; environmental, social, and water governance; regionalization; climate resiliency; and policy, and strategic planning. His wealth of experience in water resources planning includes conducting water loss audits, preparing water conservation and water shortage contingency plans, and program implementation in the areas of integrated water resources and demand management. With a particular interest in climate change, Carlos has acquired knowledge of community driven climate change resiliency planning, analyzing the impacts of climate change on the water supply, and cultural and climate change policies, including comprehensive strategies development. Carlos also has experience in geospatial analysis and analyzing non-revenue water loss audits and building water loss control programs. Carlos is deeply committed to the integration of sustainable environmental resources management and community development. Carlos will be supporting the Measures screening process and public outreach efforts led by Bozeman staff. Nicki Powell is a water resources project manager with 9 years of experience designing and implementing conservation programs, tracking program data, preparing reports, and conducting data analyses. Nicki brings extensive knowledge and technical experience in the areas of water management planning, conservation program design, public education, and data analytics. Nicki has experience producing high-quality reports, including the Water Conservation Plan for Bullhead City, Arizona (2021), Portland Water Bureau’s Water Conservation Study (2024), and the City of Sacramento, California’s Water Efficiency and Conservation Plan (2025). She has also trained hundreds of water agency staff members 106 and industry professionals in commercial facility programing and Best Management Practices (BMPs). Nicki will be serving as the main MWM DSS Modeler for the Bozeman Model update. Victoria Bravo is a water resources project coordinator with over 12 years of total experience working for the government and nonprofit sectors, including four years in the water field. After working for many years in healthcare, Victoria found a similar passion for helping her local community through working in water conservation and implementing a variety of conservation programs and activities. She has contributed to all aspects of water efficiency including conducting more than 100 residential and commercial audits, implementing educational and outreach programs, data collection and reporting, processing rebates, and enforcement of water saving policies. Victoria supports business operations, conducts technical analytic work, and provides project coordination for MWM. Victoria will support the project in an administrative role and for the written Technical Memo on this project. 107 108 109 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Latta Consultants LLC dba Indigo West for the Parking Vision Project 2025 MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Latta Consultants LLC dba Indigo West for the Parking Vision Project 2025 in order to perform Audience Insights to provide valuable feedback for the Vision Plan development. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The City of Bozeman and Latta Consultants dba Indigo West entered into a Professional Services Agreement on October 7, 2025 for the Parking Vision Plan. The Vision Plan will include the development and implementation of a comprehensive communication plan that includes strategic messaging, creative assets, community outreach tools, and a launch strategy that reflects the input of the stakeholder group. In order to get the information for the proposed deliverables, the working committee decided it was necessary to complete "Audience Insights" to have to data needed to proceed accordingly. The added costs to complete this process is $24,990. The Audience Insight scope and additional deliverables include: Review the existing data that the City of Bozeman has; ask what insights/data Parking department can provide; do additional analysis as needed. Outline what we still want/need to learn in order to clearly outline the plan / vision. Develop survey questions (short/sweet), program survey, and survey analysis Promote survey - news release to be distributed by DBA Promote survey - design and develop flyer / rack card to inspire people to take survey with QR code, includes copywriting Promote survey - draft email for DBA distribution with link to the survey / using content from flyer 110 Conduct 12-14 one-on-one interviews to get additional insights from key audiences - includes development of interview discussion guide and working with clients to identify who to interview, plus outreach to interviewees to set up the conversations Develop key takeaways from the audience insights Present findings to the clients UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This First Amendment to the Professional Services Agreement increases the cost by $24,990. The total cost of the project with the proposed cost increase is $82,890. Attachments: Ex. A-Indigo Amendment No. 1.pdf 260128 PSA Amendment-Indigo Parkign vision-Feb24.pdf Report compiled on: February 5, 2026 111 EXHIBIT A AMENDED SCOPE OF SERVICES Parking Vision Plan 2025 This Exhibit A amends the Scope of Services attached to the Professional Services Agreement for Parking Vision Plan 2025 dated October 7, 2025. Except as expressly modified herein, all original Scope of Services, terms, and conditions remain unchanged. During the initial kick-off meeting for the Parking Vision Plan 2025, the team identified the need for audience insights to answer unknown questions as well as a vision for Downtown Bozeman Parking. PROJECT ADDITION: AUDIENCE INSIGHTS & PARKING VISION Audience Insights Contractor shall provide audience research and analysis services, including: • Review of existing City data and coordination with City staff • Identification of information gaps needed to inform the parking vision • Development, programming, promotion, and analysis of a public survey • Survey promotion materials, including: o News release (for DBA distribution) o Flyer/rack card with QR code and copy o Email draft for DBA distribution • Conduct approximately 12–14 stakeholder interviews, including: o Interview guide development o Coordination, outreach, and scheduling • Summary of key findings and presentation to City stakeholders Vision for Downtown Bozeman Parking Based on the Audience Insights, Contractor shall: • Develop a clear and actionable parking vision, mission, core values, and strategy • Articulate an inspiring and implementable direction for Downtown Bozeman Parking • Present the finalized vision to City stakeholders Revisions • This amended scope includes up to two (2) rounds of revisions. COMPENSATION The original contract amount under the Professional Services Agreement was $57,900. For the services described in this Exhibit A, the City shall pay Contractor an additional $24,990, as authorized by this First Amendment approval. The total contract amount, including this amendment, is $82,890. This amount represents full compensation for the amended scope unless otherwise approved in writing by the City. TERM Services under this Exhibit A shall be performed within the existing contract term, which expires September 30, 2026. 112 FIRST Amendment to Professional Services Agreement for Parking Vision Plan 2025 FY 2026-FY2027 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRSTAMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parking Vision Plan 2025 dated October 7, 2025 (the “Agreement”) is made and entered into this 10th Day of February, 2026 by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Latta Consultants dba Indigo West LLC hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Work. Scope of work has changed from original agreement to include “The Audience Insight” scope and additional deliverables as outlined in the agenda “Background.” The amended Scope of Work is attached as Exhibit A. 2. Payment: City agrees to pay Contractor an additional $24,990.00 for the added scope of work and deliverables. 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. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 113 FIRST Amendment to Professional Services Agreement for Parking Vision Plan 2025 FY 2026-FY2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Latta Consultants dba Indigo West LLC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 114 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Water Resources Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with DOWL, LLC, for the Hyalite Intake Rehabilitation Project MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with DOWL, LLC, for the Hyalite Intake Rehabilitation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On August 5th, 2025, the City Commission authorized the original professional services agreement (PSA) with DOWL, LLC, for the Hyalite Intake Rehabilitation Project. Amendment 1 to the original PSA is provided as an attachment to this memorandum. The amendment provides for Phase 2 (Alternative Analysis) of the Hyalite Intake Rehabilitation Project. Phase 1 (Condition Assessment) is complete. Phase 2 builds upon Phase 1 to provide a high-level evaluation of alternatives identified during Phase 1. This evaluation will be documented in an Alternatives Assessment Report, which will include DOWL’s recommendation for the alternative to advance to Phase 3 (Design). UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The negotiated costs for Amendment 1 total $32,586.00. This is an increase to the original PSA from $256,455.00 to $289,041.00. These costs are funded by Commission approved budget appropriations for capital improvement project W115. CIP Project W115 has a total available budget of $644,700.00. Adequate funding exists to cover negotiated costs for Amendment 1. Attachments: 115 Amendment 1 with DOWL, LLC, for the Hyalite Intake Dam Rehabilitation Project.docx Exhibit A-1 Hyalite Intake Dam Rehabilitation Amendment 1 Scope of Services.pdf Report compiled on: February 9, 2026 116 1 of 2 Amendment 1 to Professional Services Agreement THIS AGREEMENT is made as of this ________ day of ____________________, 2026, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and DOWL, LLC, an engineering consulting firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated August 5th, 2025 herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below; Section 3 shall be replaced with the following: 3. Scope of Services: The engineer will perform the work in the following phases: a. Phase 1 – Condition Assessment. The scope of services in the Original Agreement shall be considered Phase 1 and has been completed in full. b. Phase 2 – Alternative Analysis. Engineer will perform the work and provide the services for Phase 2 in accordance with the Scope of Services attached hereto as Exhibit A-1 and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Engineer may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to Engineer’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. Section 4 shall be replaced with the following: 4. Payment for Scope of Services: City agrees to pay Engineer for the completion of the Scope of Services a cost not-to-exceed amount for each phase of the scope of work as follows: Phase 1 – Condition Assessment: $ 256,455.00. Phase 2 – Alternatives Analysis: $ 32,586.00. a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of Engineer’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses (defined in Section 9 of this Agreement) and any Engineer’s Consultant charges. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this Agreement. b. The standard hourly rates charged by Engineer constitute full and complete compensation for Engineer’s services, including labor costs, overhead, and profit; the standard hourly rates do not include Reimbursable Expenses or Engineer’s Consultant charges. 117 2 of 3 c. A detailed breakdown of the cost amount for the Scope of Services, including personnel hours directly assigned to each task and the estimated Engineer’s Consultant charges, is attached hereto as Exhibit C and, by reference, made a part of this Agreement. d. Engineer may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case exceed the cost not- to-exceed amount as set forth above. 118 3 of 3 Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ______________________________________ Chuck Winn City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney DOWL, LLC. By:_______________________________________ Its:______________________________________ 119 406-586-8834 ■ 1283 North 14th Avenue, Suite 101 ■ Bozeman, Montana 59715 ■ www.dowl.com February 6, 2026 Mr. Karl Johnson, PE City of Bozeman - Utilities 20 E Olive St PO Box 1230 Bozeman, MT 59771 Subject: Hyalite Intake Dam Rehabilitation Phase 2 Scope of Work (V3) Greetings, Mr. Johnson: This letter and the attached materials constitute DOWL’s proposed scope of work (SOW) and associated fee estimate for Phase 2 of the Hyalite Intake Dam Rehabilitation Project. In response to discussions with the City of Bozeman following the submission of the original Phase 2 scope and fee, DOWL has revised the scope to significantly pare back the level of effort for the Alternatives Assessment. It is understood that several elements of the original Phase 2 scope, such as geotechnical modeling and approximately 30% design drawings for the recommended and selected alternative, will be deferred to the subsequent Design phase. Further, CAD drafting has been excluded from this scope of work. While order-of-magnitude cost estimates will be prepared, their accuracy will be limited, and they are intended primarily to support relative comparison among alternatives rather than to establish definitive project costs. If you have any questions regarding our scope or fee, please contact Jack Krusemark at (406) 551-1475 or jkrusemark@dowl.com. We appreciate the opportunity to continue supporting the City of Bozeman on this project. Sincerely, DOWL Jack Krusemark, PE Project Manager Attachments: (1) Scope of Work; (2) Fee Estimate 120 Hyalite Intake Dam Rehabilitation Phase 2 Scope of Work Page 1 INTRODUCTION DOWL proposes the services described herein for Phase 2 of the Hyalite Intake Dam Rehabilitation Project. Phase 2 builds upon the Phase 1 Condition Assessment and will involve a high-level evaluation of alternatives identified during Phase 1. This evaluation will be documented in an Alternatives Assessment Report, which will include DOWL’s recommendation for the alternative to advance to Phase 3 (Design). SCOPE OF WORK 0. MEETINGS & PROJECT MANAGEMENT DOWL will continue to coordinate with the City of Bozeman (City) and provide periodic progress updates during Phase 2. The attached fee estimate is based on the assumption of up to two (2) one-hour check-in meetings. Project management will be ongoing throughout the duration of the project. This management includes internal coordination between the DOWL project manager and discipline leads, as well as management of the project schedule and budget. DOWL’s project manager will submit monthly invoices to the City, each accompanied by a brief progress report summarizing work completed during the billing period. 2. USFS SPECIAL USE PERMIT REQUIREMENTS DOWL will continue to coordinate with the US Forest Service (USFS) during Phase 2. Coordination efforts may include:  Coordination regarding dam classification (i.e., whether the facility warrants a formal classification as a “dam” and the necessity of an ongoing dam safety program)  Other USFS coordination to support the City in fulfilling its obligations under the Special Use Permit (SUP) 4. ALTERNATIVE ASSESSMENT DOWL will present and qualitatively compare alternatives in an Alternatives Assessment Report (Deliverable 4-1). Alternatives and concepts that will be discussed in the report include:  Alternative E1 – Sheet Pile Cutoff Wall in Existing Embankment  Alternative E2 – Filter and Buttress on Downstream Embankment Slope  Alternative E3 – Complete Embankment Reconstruction  Alternative F1 – Embankment Crest and Abutment Wall Raise(s)  Alternative F2 – Overtopping Embankment Section  Alternative F3 – Spillway Widening/Fishway Relocation  Spillway Concrete Rehabilitation  Concrete Cutoff Wall Improvements for Seismic Stability  Erosion Protection Improvements  Dredging The Alternatives Assessment Report will include a description of each alternative or concept, conceptual exhibits/sketches, as needed, to depict key elements, and DOWL’s recommendation for the alternative to advance to design. While order-of-magnitude cost estimates will be prepared, their accuracy will be 121 Hyalite Intake Dam Rehabilitation Phase 2 Scope of Work Page 2 limited, and they are intended primarily to support relative comparison among alternatives rather than to establish definitive project construction costs. In addition, DOWL will survey water surface elevations at the site on at least two separate days, with at least one measurement targeted during spring runoff conditions. While not directly required for this qualitative alternatives assessment, these data will support future work. Excluded Services The following services are specifically excluded from this scope of work:  Feasibility determinations (i.e., ‘fatal-flaw’ analyses) for any alternative  Geotechnical modeling of the existing embankment or proposed alternatives  Quantitative evaluations of steady-state phreatic conditions (e.g., hydraulic gradients), embankment slope stability, foundation liquefaction potential, embankment settlement potential, filter compatibility, or determination of borrow areas or specific material gradations  Refinements to the hydraulic model developed during Phase 1 (any hydraulic evaluations required for Phase 2 will rely on the existing Phase 1 model)  Quantitative analyses to determine the sizing and extent of proposed erosion protection materials  Exhibits or detailed discussions regarding anticipated construction sequencing or construction duration  CAD drafting (i.e., exhibits will be limited to sketches on previously developed basemaps) ESTIMATED FEE Table 1 summarizes DOWL’s estimated fee to complete this scope of work as described above. A detailed breakdown of the fee, including personnel hours and expenses for each task, is included on the following page. Table 1. Fee Estimate Summary Task Labor Hours Subtotal Labor Subtotal Expenses Subtotal Subcontracts Total 0. Meetings & Project Management 24 4,638.00$ -$ -$ 4,638.00$ Check-in Meetings 10 1,904.00$ -$ -$ 1,904.00$ Project Management 14 2,734.00$ -$ -$ 2,734.00$ 2. USFS Special Use Permit Requirements 12 2,524.00$ -$ -$ 2,524.00$ USFS Coordination 12 2,524.00$ -$ -$ 2,524.00$ 4. Alternative Assessment 132 25,424.00$ -$ -$ 25,424.00$ Alternative Assessment 132 25,424.00$ -$ -$ 25,424.00$ 168 32,586.00$ -$ -$ 32,586.00$ 122 Hyalite Intake Dam Rehabilitation Phase 2 Scope of Work Page 3 DELIVERABLES & SCHEDULE Table 2 lists the deliverables associated with this scope of work and identifies the corresponding submittal deadlines. All submittal deadlines are expressed in calendar days. Table 2. Summary of Deliverables and Submittal Deadlines Deliverable Duration Anticipated Due Date1 4-1 Alternatives Assessment Report 45 days from NTP April 2, 2026 1 Assuming a Notice to Proceed date of February 16, 2025. 123 Principal-in- Charge (Eng. IX) Project Manager (Eng. IV) Engineer X Engineer VII Engineer I Water Water Structural Geotech.Water 4,638.00$ -$ -$ 24 0.0 Meetings & Project Management 1,904.00$ -$ -$ 10 Check-in Meetings 2 6 2 2,734.00$ -$ -$ 14 Project Management 2 12 2,524.00$ -$ -$ 12 2.0 USFS Special Use Permit Requirements 2,524.00$ -$ -$ 12 USFS Coordination 4 8 25,424.00$ -$ -$ 132 4.0 Alternative Assessment 25,424.00$ -$ -$ 132 Alternative Assessment 8 88 8 12 16 Total Hours/Units 16 114 8 12 18 0 0 0 -$ Unit Rate 263$ 184$ 278$ 226$ 137$ 176.00$ 80.00$ 1.35$ 1.00$ 32,586.00$ -$ -$ 168 Amount 4,208$ 20,976$ 2,224$ 2,712$ 2,466$ -$ -$ -$ -$ 32,586.00$ Subtotal DOWL Expenses -$ -$ 32,586.00$ Subtotal DOWL Labor Subtotal Subconsultants TOTAL 32,586.00$ -$ -$ 168 Hyalite Intake Dam Rehabilitation - Phase 2 Fee Estimate Item Cost Expenses Subtotal Subcontract Subtotal DOWL Labor Hours Task Number Task Lodging (nights) Per Diem (days)Mileage Lab Testing & Misc. Expenses 124 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to sign Amendment to Services Agreement 1 for Bozeman Urban Renewal District Task Order 3 for Street Lighting on Main and Mendenhall MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the Amendment STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Downtown and Midtown Urban Renewal Districts are collaborating on extending pedestrian lighting from on the north side of Main St. from Grand Ave. to 7th Ave., as well as 5th Ave and Mendenhall St. from 5th Ave. to 7th Ave. This amendment to Task Order 3 with Sanbell includes additional survey work, design related to various phases of the project and additional work related to contract bidding and construction inspection for Phase 1 (Package 1) of the project. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:None at this time. FISCAL EFFECTS:Funding for this project is available in the FY26 budgets of the Downtown and Midtown Urban Renewal Districts. The cost of this amendment is $12,300. Attachments: safe_print_Amendment 1 To Services Agreement_Sanbell_111125.pdf Report compiled on: February 11, 2026 125 This is a safe-printed document. The original attachment had 1 page(s). Safeprint maximum page count configuration is 10 page(s). Number of pages truncated are 0 page(s). 126 127 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign the First Amendment to the Architectural Services Agreement with MSR Design for Design and Related Services for the Bozeman Library Children's Room Renovation Project MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the First Amendment to the Architectural Services Agreement with MSR Design for Design and Related Services for the Bozeman Library Children's Room Renovation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On July 22, 2025 the City Commission approved a Professional Architectural Services Agreement with MSR Design for the Bozeman Public Library Children's Room Renovation Project. This first amendment includes additional services related to construction, furnishing design, and community engagement as described in Exhibit A. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Donor funds from the Bozeman Library Friends & Foundation will be used to fund the additional costs of $220,880 associated with this amendment. Attachments: Architectural Services Agreement - Amendment 001 - MSR.pdf Report compiled on: February 12, 2026 128 First Amendment to Professional Services Agreement MSR Design – Bozeman Library Children’s Room Renovation FY 2026 – FY 2027 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT FOR THE BOZEMAN LIBRARY CHILDRENS ROOM RENOVATION 22ND day of July, 2025 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and MSR Design, hereinafter referred to as “Architect.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Work. Section 3 of the agreement is altered to include but is not limited to construction project design services, furnishings design services, & community engagement efforts. Please see that attached Exhibit A. 2. Payment. Section 4 of the Agreement is altered to include additional charges for several new services in the amount of $220,880, as listed within Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 129 First Amendment to Professional Services Agreement MSR Design – Bozeman Library Children’s Room Renovation FY 2026 – FY 2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MSR Design By________________________________ By_____________________________ Chuck Winn, City Manager Traci Lesneski CEO / Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 130 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 | 612.375.0336 msrdesign.com Dear Shane , We are happy to have completed the initial concept and scoping phase for the Bozeman Public Library Children’s Room Remodel. As requested, the following is an updated proposal for the remaining effort, Design Phase – Project closeout for this project . This proposal is based on the following • Scope of work is based on the “Option 4” scope concept developed and approved by BPL Library Board. o See Exhibit A – “2026 -01-07 Scope Concept Updates for BPL Board” • Updated proposed project schedule which condenses SD and DD phases. This schedule is preliminary and may be updated as work progresses and milestone dates are fine tuned. o See Exhibit B – “2026 -01-26_Project Schedule” • Construction Project will be delivered via Design Bid Build Procurement. AE Deliverables include complete Project Manual and Bid Drawings. o City of Bozeman will provide any relevant D IV 00/01 standard sections for project manual o AE will develop all Bid Drawings o AE will develop DIV 02 – DIV 26, as req’d based on final project scope o AE will develop DIV 27 – DIV 28 based on City of Bozeman’s’ Preference. See Scope of services and Fee Line -items. See Exhibit C – “2026 -01-26 MM Communications and Technology ” • FF+E and Signage Projects will be delivered via separate Design Bid Build Procurement . AE deliverables include separate , complete bid sets for both furnishings and signage. CONSTRUCTION PROJECT SERVICES (CHILDREN’S ROOM) Now that project scope and budget have been defined, we will move into the design phases. To support the Bozeman Public Library Children’s Room renovation during design and construction , MSR Design will lead the following efforts: ▪ Design phase (SD and DD phases combined): Develop the concept which was selected during Scoping phase . o MSR Design will study specific space layouts and configurations consistent with the parameters of the approved project scope, and will work to review appropriate material and finish options to support the proposed use of the space. o MSR Design will fully coordinate MEP and Project specifications to support the project o MSR Design will participate in a preliminary project review with the City of Bozeman to ensure any preliminary plan review items are addressed. o Design Phase work will be tightly integrated and concurrent with the design phases of the FF+E and Signage projects. 1/26/2026 Shane Miller , Facilities Project Coordinator City of Bozeman 20 E. Olive Street, Office 014B Bozeman, MT 59715 Re : Bozeman Public Library Children’s Room | MSR Design P roposal for Design through Construction Closeout 131 2 o Preliminary Scoping and Concept phase has indicated that the proposed budget available to support changes to the Teen area ($40,000) will not meaningfully support construction scope. As such , all proposed scope fo r the Teen Area is included in the main FF+E effort. o Deliverables for the Design Phase: ▪ Design Phase Drawings and Outline Specification to document project scope and design intent for owner approval ▪ Design Phase cost estimates (by Martel Construction) to confirm project costs, tune contingencies, and identify potential add or deduct alternates to be included in the final bid set. ▪ (1) in -person workshop to review project scope, costs, and proposed suite of finish options. This will be coordinated to coincide with the in -person sit test planned for the FF+E Project and will be held either in Bozeman or Minneapolis. Location does not affect this proposal . ▪ Documentation and Specification Phase o MSR Design will finalize the design and work to craft complete Contract Documents for use by the City of Bozeman in bidding the project. We will lead focused review meetings to ensure the City and Library’s performance, operational, and design preferences are captured in the final details of the project design and specification o Documentation and Specification Phase Deliverables: ▪ 100% Construction Documents & Complete S pecifications Project Manual to support bidding and permitting process es. This proposal does not include modifications to the Bid Documents (100% Construction Documents) other than changes identified as req’d for building plan review and permit. ▪ Bidding and Permitting Phase o MSR Design will work with the owner to obtain building permit approval for the project. We will address clarification needs and document updates as req’d by the City of Bozeman Plan Review o MSR Design will work with the owner to fully support bidding of the project to solicit GC proposals for construction. We will review RFI, issue addenda, and participate in final review and recommendation of proposals for construction. ▪ Construction Phase o MSR Design will work with the City of Bozeman and the selected General Contractor to fully support construction of the project. We will attend construction meetings , review submittals, RFIs, and payment applications , and will prepare final punch list documentation and facilitate project closeout per the procedures outlined in the project specifications o Construction Phase Scope Specifics ▪ (1) 1 hr, on -line , OAC meeting per week. ▪ (1) in -person punch list walkthrough, to be completed after the General Contractors initial construction punch. • In-person back -punch visits to confirm GC completion of punch list, or return visits to complete punch -lists for work not completed initially are not included in this proposal. MSR Design is happy to provide additional visits, if requested. Fee for additional visits is noted separately in the fee proposal section below. 132 3 FURNISHINGS (FF+E) DESIGN (CHILDREN’S ROOM AND TEEN AREA) MSR Design will lead a comprehensive furnishings design effort starting in the Design P hase and running in tandem with the architectural design work. This will include: ▪ Scope includes the Children’s Room and the Teen Area. ▪ Update furnishings budget for new and reused furniture and shelving at completion of Design Phase ▪ Work with Bozeman Public Library to maintain collection spreadsheet to track impacts of shelving configurations on collection on display ▪ Prepare up to (3) furnishing and shelving scoping options for owner review. ▪ Prepare up to (3) finish and upholstery options selected furnishings for owner review. ▪ Coordinate a sit -test to test furnishings options prior to making final selections. This will be coordinated to coincide with the in -person workshop planned for the end of Design phase and will be held either in Bozeman or Minneapolis. Location does not affect this proposal ▪ Develop FF&E specifications and procurement package . ▪ Support bidding of FF+E package. Answer RFI, Issue addenda and assist owner with evaluation and selecting bids. ▪ Review FF+E furniture purchase orders, shop drawings and submittals ▪ (1) In-Person p unch list visit to assess furnishings and shelving installation and support of owner in addressing in correcting non -conforming work. o In-person back -punch visits to confirm dealer completion of punch list items, or return visits to complete punch -lists for work not completed initially are not included in this proposal. SIGNAGE DESIGN (CHILDREN’S ROOM AND TEEN AREA) $7,000 has already been approved for the following scope. This proposal does not include any additional fee requests for signage design. The scope noted below is included for reference only. MSR has not invoiced an portion of the pre -approved $7,000 and wi ll begin to do so as work associated with this scope is performed MSR Design will lead a comprehensive signage design effort for the project to ensure that new signage in the Children’s Room is consistent with the existing library signage. This will include: ▪ Prepare design signage package for owner review, using the existing library signs as a template. This will include wayfinding and library collection signs. Code -required signage is included in the basic design services. ▪ Develop Signage specifications and procurement package . ▪ Support bidding of Signage package. Answer RFI, Issue addenda and assist owner with evaluation and selecting bids. ▪ Review Signage purchase orders, shop drawings and submittals ▪ (1) In-Person punch list visit to assess signage installation and support of owner in addressing in correcting non -conforming work. o In-person back -punch visits to confirm installer completion of punch list items, or return visits to complete punch -lists for work not completed initially are not included in this propos al . COMMUNITY ENGAGEMENT Following the Engage Bozeman framework, we propose three community engagement touchpoints during the project. 133 4 • Session 1: Establish Needs (Completed during Scoping and Concept Phase ) • Session 2: Set Vision o MSR Design will prepare material for use by BPL team in reporting out to staff and the community. ▪ (1) Presentation deck. Contents coordinat ed with BPL team. ▪ MSR Design will join this session remotely. In -person attendance can be provided for an additional service if desired. ▪ This session will occur after 50% Design Phase completion. • Session 3: Share the Plan o MSR Design will prepare material for use by BPL team in reporting out to staff and the community. ▪ (1) Presentation deck. Contents coordinat ed with BPL team. ▪ MSR Design will join this session remotely. In-person attendance can be provided for an additional service if desired. ▪ This session will occur after completion of the design phase. FEE PROPOSAL For the above noted efforts & services, MSR Design proposes a fixed fee for each scope as listed below: Total Construction Project Services (see below ) $157,130 Architecture and Interiors $126,285 Mechanical, Electrical and Plumbing $21,600 Specifications $4,800 Cost estimating $4,446 Furnishings (FF+E) Design $43,750 Community Engagement (Session 2 and 3) $10,000 Total Fixed Fee $210,880 MSR Design proposes the following to cover reimbursable expenses includin g printing, postage, and travel expenses associated with the in -person visits included in the above efforts. Reimbursable and Incidental expenses will be invoiced as incurred only. Reimbursables and Incidental Expenses $10,000 The Total Proposed fee for the work described above is Two -Hundred twenty Thousand, Eight H undred Eighty dollars ($220 ,880 ) ADDITIONAL PROJECT SERVICES In our work together during the initial remodel of the Public Library the City of Bozeman self -performed much of the specification and install for Technology and communication. Given the limited scope of this project, we have extracted Technology and Communication from the bas e project, to allow the opportunity for the city to self - perform this work if preferred . MSR Design and our AE team can provide Technology and Communications design for the fee noted below. Scope of work and exclusions for Technology and Communications Design are noted in Exhibit C – “2026 -01-26 MM Communications and Technology ” Technology and Communication Design $2,000 134 5 MSR Design can provide additional In-Person project support in Bozeman beyond the visits noted in the above efforts for the fee below. These costs cover reimbursable travel expenses (airfare , mileage, hotel and meals) only. Hourly rates for project work performed on in person visits will also apply : One Day / person $950 Additional days / person. Same tri p $300 Fee Assumptions and Exclusions: This proposal is based upon the following assumptions : ▪ Our fees and process assume a scope of work generally consistent with the “Option 4” as described in Exhibit A ▪ Add alternates and/or deduct alternates can be identified and studies during the design phase exercise. Up to (3) Bid -set add or deduct alternates related to construction work. If Additional Alternates are requested, MSR Design will provide a fee proposal to coordinate and document them.. ▪ We will hold regular online meetings with the core team during the Design, and Documentation and specifications phases , as per the proposed schedule (Exhibit B). ▪ In-Person Visits are included as described in the previous scope of work sections and are summarized below . Additional In -Person visits can be provided at the rate described above. o (1) In-Person workshop at the end of DD to facilitate final project scope and material selections, and FF+E selection sit test. (assumed 2 -3 Design team Staff) o (1) Construction Project Punch List Visit (assumed 1 -2 design team staff) o (1) FF+E and Signage Punch List Visits (assumed 1 -23 design team staff) ▪ This fee assumes a soft construction start (mobilization and procurement) period of 8 weeks, and actual construction duration of 8 weeks immediately following, per Exhibit B . If the City of Bozeman, or GC require a longer construction duration, down time between these periods, or phased construction work, MSR Design will furnish a proposal for additional Construction Phase services at a rate of $200/hr. ▪ The following services are excluded from this proposal, but can be provided as an additional service if scoping phase illustrates necessity : o Renderings and 2D, semi -realistic , im agery are typically developed as part of the design process and MSR Design will make available, at no extra charge , any imagery that has been developed to support the project. ▪ The type of imagery developed often includes rendered 2D images of key views , plan diagrams, concept and materials boards, et c, but varies depending on the needs of the project. ▪ Advanced Material such as 3D walkthroughs, stationary 3D VR renderings , photo -realistic images and exhaustive 2 D views are not included . MSR is happy to furnish a proposal for advance d marketing material o The proposal does not include attendance at Library Board or Foundation Board meetings. o As -built drawings of existing building conditions . o Donor signage. o Experiential design / exhibit design . o Audiovisual design . o Design services to provide temporary workspace for personnel displaced during construction. 135 6 o The fee accommodates reasonable work pauses and schedule delays. Schedule delays beyond 30 days, up to three months in aggregate, may incur additional services depending on the total length of the delay, due to the costs to stop and restart our team. ▪ Fee for changes in construction schedule duration will be as described above. o Preparation of Record Documents . o Significant revisions to the floor plan or other significant aspects of the design after completion of the Design Phase . o Energy modeling . o LEED administration and/or documentation . We are delighted to work with the City of Bozeman and Bozeman Public Library on this project. Please contact me if you have any questions related to this proposal and we can establish a time to review together. Sincerely, Kate Michau d, AIA, Director of Project Delivery , Principal 612.359.3258 | kate@msrdesign.com 136 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a First Amendment to the Term Contract with Buffalo Restoration for Cleaning Services MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a First Amendment to the Term Contract with Buffalo Restoration for Cleaning Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On April 18, 2023 the City Commission approved a Professional Services Agreement with Buffalo Restoration for cleaning services. This amendment extends the term for an additional five year period, including an updates to hourly rates, as described in Exhibit A. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre- negotiated rates as stated in the Scope of Services for each contract. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are to be $79,999 or less per the City of Bozeman Purchasing Policy. Attachments: First Amendment to Professional Services Agreement - Buffalo Restoration.pdf Report compiled on: February 12, 2026 137 First Amendment to Professional Services Agreement for Buffalo Restoration FY 2026 – FY 2027 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CLEANING SERVICES dated the 18th day of April, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, 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 Buffalo Restoration, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 1 of the Agreement is extended for an additional five (5) year period. The Agreement shall terminate on the 1st day of July, 2031. 2. Scope of Services. Section 2 of the Agreement is revised to include an updated exhibit A which consists of an updated list of professional services and the hourly rate of those services. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 138 First Amendment to Professional Services Agreement for Buffalo Restoration FY 2026 – FY 2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA BUFFALO RESTORATION By________________________________ By_____________________________ Chuck Winn, City Manager Calvin Wescom Business Development Representative APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 139 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_DEPT4_MACRO_2026 Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 24. Additional driving charge - per mile EA @ 0.70 =0.00 25. Water Extraction & Remediation Technician - per hour HR @ 158.00 =0.00 27. Water Extraction & Remediation Technician - after hours HR @ 236.00 =0.00 28. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 186.00 =0.00 30. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 278.00 =0.00 31. Water Extraction & Remediation Foreman - per hour HR @ 169.00 =0.00 32. Water Extraction & Remediation Foreman - after hours HR @ 253.00 =0.00 33. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 197.00 =0.00 34. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 295.00 =0.00 35. Water Extraction & Remediation Supervisor - per hour HR @ 202.00 =0.00 36. Water Extraction & Remediation Supervisor- after hours HR @ 303.00 =0.00 37. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 230.00 =0.00 38. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 345.00 =0.00 39. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 161.00 =0.00 hour 40. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 240.00 =0.00 hours 41. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 188.00 =0.00 hour 42. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 279.00 =0.00 hours 43. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 231.00 =0.00 per hour 44. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 296.00 =0.00 after hours 45. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 231.00 =0.00 per hour 46. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 296.00 =0.00 after hours 140 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_3C_MACRO_2026 Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.70 =0.00 2. Water Extraction & Remediation Technician - per hour HR @ 104.00 =0.00 3. Water Extraction & Remediation Technician - after hours HR @ 155.00 =0.00 4. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 122.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 183.00 =0.00 6. Water Extraction & Remediation Foreman - per hour HR @ 111.00 =0.00 7. Water Extraction & Remediation Foreman - after hours HR @ 166.00 =0.00 8. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 129.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 194.00 =0.00 10. Water Extraction & Remediation Supervisor - per hour HR @ 133.00 =0.00 11. Water Extraction & Remediation Supervisor- after hours HR @ 200.00 =0.00 12. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 152.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 227.00 =0.00 14. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 106.00 =0.00 hour 15. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 158.00 =0.00 hours 16. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 123.00 =0.00 hour 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 184.00 =0.00 hours 18. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 152.00 =0.00 per hour 19. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 195.00 =0.00 after hours 20. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 152.00 =0.00 per hour 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 195.00 =0.00 after hours 141 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_5C_MACRO_2026 Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.70 =0.00 2. Cleaning Technician - per hour HR @ 101.00 =0.00 3. Cleaning Technician - per hour - after Hours HR @ 151.00 =0.00 4. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 119.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 178.00 =0.00 6. Cleaning Foreman - per hour HR @ 108.00 =0.00 7. Cleaning Foreman - per hour - after hours HR @ 162.00 =0.00 8. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 126.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 189.00 =0.00 10. Cleaning - Supervisory/Administrative - per hour HR @ 129.00 =0.00 11. Cleaning - Supervisory/Administrative - per hour - After Hours HR @ 194.00 =0.00 12. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 147.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 221.00 =0.00 14. Cleaning Technician - (Local Temp.) - per hour HR @ 103.00 =0.00 15. Cleaning Technician - (Local Temp.) - per hour - after hours HR @ 153.00 =0.00 16. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 120.00 =0.00 hour 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 178.00 =0.00 hours 18. Cleaning Technician -(Out of State Temp.) - per hour HR @ 148.00 =0.00 19. Cleaning Technician - (Out of State Temp.) - per hour - after hours HR @ 189.00 =0.00 20. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 148.00 =0.00 per hour 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 189.00 =0.00 after hours 142 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_3W_MACRO_2026 Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.70 =0.00 2. Water Extraction & Remediation Technician - per hour HR @ 121.00 =0.00 3. Water Extraction & Remediation Technician - after hours HR @ 181.00 =0.00 4. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 142.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 213.00 =0.00 6. Water Extraction & Remediation Foreman - per hour HR @ 129.00 =0.00 7. Water Extraction & Remediation Foreman - after hours HR @ 194.00 =0.00 8. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 151.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 226.00 =0.00 10. Water Extraction & Remediation Supervisor - per hour HR @ 155.00 =0.00 11. Water Extraction & Remediation Supervisor- after hours HR @ 233.00 =0.00 12. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 177.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 265.00 =0.00 14. Water Extraction & Remediation Technician (Local Temp.) - per HR @ 124.00 =0.00 hour 15. Water Extraction & Remediation Technician (Local Temp.) - after HR @ 184.00 =0.00 hours 16. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 144.00 =0.00 hour 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 214.00 =0.00 hours 18. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 177.00 =0.00 per hour 19. Water Extraction & Remediation Technician (Out of State Temp.) -HR @ 227.00 =0.00 after hours 20. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 177.00 =0.00 per hour 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 227.00 =0.00 after hours 143 1 Buffalo Restoration 555 Manley Road Bozeman, MT 59715 EIN: 81-0474462 T&M_5W_MACRO_2026 Time & Material Price List DESCRIPTION QTY UNIT PRICE TOTAL 1. Additional driving charge - per mile EA @ 0.70 =0.00 2. Cleaning Technician - per hour HR @ 113.00 =0.00 3. Cleaning Technician - per hour - after Hours HR @ 170.00 =0.00 4. Hazardous Waste/Mold Cleaning Technician - per hour HR @ 134.00 =0.00 5. Hazardous Waste/Mold Cleaning Technician - after hours HR @ 200.00 =0.00 6. Cleaning Foreman - per hour HR @ 121.00 =0.00 7. Cleaning Foreman - per hour - after hours HR @ 182.00 =0.00 8. Hazardous Waste/Mold Cleaning Foreman - per hour HR @ 142.00 =0.00 9. Hazardous Waste/Mold Cleaning Foreman - after hours HR @ 212.00 =0.00 10. Cleaning - Supervisory/Administrative - per hour HR @ 146.00 =0.00 11. Cleaning - Supervisory/Administrative - per hour - After Hours HR @ 218.00 =0.00 12. Hazardous Waste/Mold Cleaning Supervisor - per hour HR @ 166.00 =0.00 13. Hazardous Waste/Mold Cleaning Supervisor - after hours HR @ 248.00 =0.00 14. Cleaning Technician - (Local Temp.) - per hour HR @ 116.00 =0.00 15. Cleaning Technician - (Local Temp.) - per hour - after hours HR @ 172.00 =0.00 16. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - per HR @ 135.00 =0.00 hour 17. Hazardous Waste/Mold Cleaning Technician (Local Temp.) - after HR @ 201.00 =0.00 hours 18. Cleaning Technician -(Out of State Temp.) - per hour HR @ 166.00 =0.00 19. Cleaning Technician - (Out of State Temp.) - per hour - after hours HR @ 213.00 =0.00 20. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 166.00 =0.00 per hour 21. Hazardous Waste/Mold Cleaning Technician (Out of State Temp.) -HR @ 213.00 =0.00 after hours 144 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with DOWL, LLC for the MSU Interceptor Improvements Project MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with DOWL, LLC for the MSU Interceptor Improvements Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Second Amendment to the Professional Services Agreement with Dowl, LLC for the MSU Interceptor Improvements Project. The document is in the City’s standard format. The MSU Interceptor is a section of trunk sewer main that extends from the Intersection of Kagy Boulevard and South 3rd Avenue to the north and west through the City and ending at the intersection of West Babcock Street and South 9th Avenue. This section of trunk sewer main was identified in the City's 2024 Wastewater Facility Plan Update as the City's highest priority sewer renovations project. The original professional services agreement included preliminary design services of this project to a 30% design effort. The proposed amendment includes final design and bidding services for the first phase of the project. This phase includes the section of trunk sewer main from Kagy and South 3rd Avenue to South Willson Avenue and Mason Street. This phase also includes the section of trunk sewer main from College and 4th Avenue to Babcock and 9th Avenue. The scope of work also includes the design of sections of collection sewer main and water distribution main within the limits of the Kagy Boulevard Reconstruction Project. These mains need to be replaced but were not covered under the scope of the Kagy street project. UNRESOLVED ISSUES:None 145 ALTERNATIVES:As Suggested by the Commission FISCAL EFFECTS:The cost of this amendment is $216,954.67 which includes $136,033.74 for trunk sewer main replacement and $80,920.93 for water and sewer renovations in Kagy Boulevard. The original agreement and previous amendments totaled $202,694.52. With this amendment, the total cost of professional services will be $419,649.19. Funding for the design of this project has been appropriated in the FY26 Budget as Project WW138 for a total amount of $836,800 and paid for from the Wastewater Fund and the Wastewater Impact Fee Fund. The portion of design for water pipe replacement in Kagy Boulevard will be paid from the Project Water Fund capital project W04. Attachments: SIGNED Professional_Services_Agreement_with_DOWL_- _MSU_Interceptor.pdf MSU Interceptor PSA - Amendment 2.pdf Report compiled on: February 9, 2026 146 1 PROFESSIONAL SERVICES AGREEMENT (MSU Sewer Interceptor Improvements) THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and DOWL, LLC, Montana, (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: (See attached Exhibit C – Scope of Work) 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Kevin Johnson. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Kevin Johnson. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 147368 2 ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Kellen Gamradt. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in person with OWNER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 148369 3 The Pre-design Investigation Phase will be completed and submitted within 90 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 149370 4 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 150371 5 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 151372 6 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 152373 7 ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 153374 8 6.1 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. Cost shall include: a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal regulations (23 CFR 172) require a contract ceiling / upper limit in cost plus fixed fee contracts. b. Fixed Fee. Fix Fee is the negotiated fee and a set dollar amount in the agreement, including profit, of the Consultant. Up to the equivalent of percent of labor and overhead to the date of the invoice, the Consultant may claim partial payment of the Fixed Fee. If tasks within the Scope of Services are not completed, no Fixed Fee will be billed for those tasks. No Fixed Fee will be billed for construction engineering services that are not performed. Subject to the foregoing, the entirety of the Fixed Fee for tasks completed within the Scope of Services may be billed at Final Payment. c. Direct Costs. Direct costs shall be in conformance with 48 CFR Part 31, and the AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants. The Consultant certifies that any projected salary rate increases included in the Proposal are based on reasonably on the Consultant’s usual and customary practices. Prior written approval of the OWNER is required for overtime compensation. d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates that will be applied to this Agreement. Such notice is incorporated herein by the reference. The IDC rate and supporting documentation must be calculated and submitted in accordance with 23 CFR §172 using the cost principles of 48 CFR Part 31. The Consultant will establish the IDC rate based on the Consultant’s Accounting Period. In no event will the IDC rate cause an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted Certification of Indirect Costs. For purposes of compensation, the rights and obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each Subconsultant shall submit to the irrevocable commitment option specified by the Consultant. i. An Indirect Cost Rate is required, except when total compensation is less than or equal to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract labor and does not have a current, OWNER-accepted indirect costs rate or cognizant audit. ii. An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited indirect cost rate is acceptable. iii. An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines that an audited indirect cost rate is required. iv. In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as described in MDT’s Consultant Services Manual, if all parties agree. v. Due date. 1. Due date (Audited). If an audited indirect cost rate is required, within thirty (30) days of the date of an independent auditor’s report setting the consultant’s audited overhead rate, the new bona fide audited IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. a) Consultant will provide our current overhead rate that has an issuance date of 3/10/25. Annually, audits are received in March and turned into the cognizant Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 154375 9 agency for review within the grace period leading up to June 30th, for submittal with by June 30th with approval letter. 2. Due date (Unaudited). If an unaudited indirect cost rate is required, within thirty (30) days of its calculation, a bona fide IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. 3. At the OWNER’s sole discretion, the Consultant shall pay the OWNER liquidated damages at the rate of One Hundred Dollars ($100.00) per day for each day after the Due Date. vi. Effective date. 1. The IDC rate expires one (1) year after the end of the Accounting Period. 2. Before the end of the Grace Period, defined as six (6) months following the expiration of the IDC rate, the Consultant shall submit a new IDC rate. a) Consultant will provide a copy of our new audited rate to the City annually before June 30th each year. 3. An IDC rate submitted within the Grace Period is effective as the first day of the month following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period. 4. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 5. In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is not bona fide the rate will be effective on the date accepted and will not be retroactive. 6. Failure by the Consultant to provide an IDC rate, as required herein, may result in a One Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the Grace Period. vii. The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: 1. Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of any extension of the term of this Agreement, then the Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. 2. Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. viii. The Consultant may request exceptions to the requirements of this section on a case-by-case basis, and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 155376 10 Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals (Snr Mngr 5) $101.85/hour Engineer 9 $80.92/hour Engineer 8 (Proj. Manager) $72.62/hour Engineer 6 $66.15/hour Engineer 4 $56.62/hour Engineer 3 $50.15/hour Engineer 2 $45.23/hour CADD Drafter (Engr Tech 2) $37.23/hour Env. Specialist 9 $79.08/hour Env. Specialist 4 $30.77/hour GIS Specialist $46.77/hour Constr. Inspector (Field Rep. IV $55.08 /hour Clerical $30.77/hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 156377 11 and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 157378 12 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. ENGINEER represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 158379 13 service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 159380 14 The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 160381 15 Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 161382 16 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 162383 17 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/12/2025 DOWL, LLC Kevin Johnson 11/14/2025 163384 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and DOWL, LLC (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 164385 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 165386 3 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 166387 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and DOWL, LLC (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 167388 2 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 168389 3 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 169390 4 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 170391 Exhibit C - Scope of Work – Phase 1 Page 1 of 7 Exhibit C – City of Bozeman – MSU Sewer Interceptor Improvements Scope of Work – Phase 1 Preliminary Engineering Project Description and Objectives The sewer interceptor project is comprised of approximately 11,000 feet of existing sewer main replacement from south of the intersection of W. Kagy Blvd. and S. Wilson Ave. to the intersection of W. Babcock and S. 9th Ave. Also included is a sewer main on Hoffman from S. Black Ave. to S. Tracy Ave. to Mason and then S. Wilson Ave. The existing interceptor route follows S. Wilson to W. College, to S. 4th, to W. Story Ave. to S. 6th Ave. to W. Babcock to the end of the project at S. 9th Ave. The project includes assessment of the conceptual sewer main sizes, evaluation of alternative routing of the interceptor out of Wilson Avenue, consideration of utilizing routes within existing streets scheduled for other infrastructure improvements and options for avoiding subsequent infrastructure impacts of existing routes where improvements were recently completed. Existing north-south corridors subject to future infrastructure improvements include S. Grand Avenue. Sections of the existing sewer interceptor route where the street was recently reconstructed include S. 6th Avenue from S. Story to S. Babcock. In addition to the sewer interceptor in S. Wilson Ave., this corridor also includes the original 6- inch sewer mains. The project considers replacement of these nearly 100-year old sewer mains from Mason Street to W. College Street. W. Kagy Boulevard from S. 19th Ave. to S. Wilson Ave. is scheduled for reconstruction to begin in the spring of 2027. Another goal of the project is to be completed with any work in W. Kagy before the end of 2026 to avoid any conflict with this reconstruction project on W. Kagy Blvd. 1.0 PHASE 1 – PRELIMINARY ENGINEERING The purpose of phase 1 is to review the proposed project presented in the Wastewater Facility Plan to refine the design parameters, complete a detailed assessment of the projected sanitary sewer flows, the influence of infiltration and inflow, review and assess risk of existing physical pipe conditions based on age and video inspection, evaluate alternative sewer interceptor routes and prepare a summary report of findings with recommendations for the final sewer interceptor design. 1.1 Flow Monitoring To collect additional existing flow rate information in the interceptor and/or connections to the interceptor, DOWL will assist the City with selecting additional flow monitoring locations. DOWL will collect the data periodically for use in comparison to the flows in the hydraulic model. Data collected in fall of 2025 and winter 25/26 will provide more data for the base sewer flows, less significant inflow and/or infiltration events. Additionally, flow monitoring values will aid in the project design and provide a basis for bypass pumping requirements during construction. The key times to monitor for the peak flows could vary from April through May depending on the weather and runoff conditions. For proposed bid dates in the spring of 2026, additional flow monitoring during the same time frame may still be useful for updating the model for wet flow Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 171392 Exhibit C - Scope of Work – Phase 1 Page 2 of 7 conditions and could warrant a late change in the design pipe diameters if the observed peak flows were significantly different than estimated. This scope includes consideration of several flow monitoring locations with sufficient monitoring time to capture the fall/winter base flows and the springtime peak flows during higher groundwater, snowmelt and rainfall events. • Deployment 1: Fall/Winter: 3 locations (1,2,3); two weeks • Deployment 2: Fall/Winter: 3 additional locations (4,5,6); two weeks • Deployment 3: Spring ’25; Locations (1,2,3); two weeks (or through significant event) • Deployment 4: Spring ’25; Locations (4,5,6); two weeks (or through significant event) City Responsibilities: • Coordinate with DOWL for the selected flow monitoring locations; • Provide any necessary instruction manuals or equipment/software required for retrieval of the flow data; • Install and remove the City owned flow meters; 1.2 Review and Refine Facility Plan Recommendations DOWL will review the existing facility plan recommendations and adjust or verify the recommendations as follows: 1.2.1 Review/Refine Existing Model Flow Information and Service Population Basis Initial facility plan and hydraulic model review and refinement will include the following: • Incorporate additional surveyed sewer rim and invert information collected along the existing interceptor route. • Check the record drawings to verify the lateral connections in the model match the records. • Review and input the base flow population and wastewater flow data provided by the City. • Incorporate additional flow monitoring data, initially for base/winter flows and later with peak, wet-weather flows. The intent is to proceed with design based on the conceptual sewer main sizing of the facility plan. If flows collected later suggest significantly different data, DOWL will consult with the City regarding possible changes to the interceptor design. City Responsibilities: • Provide current copy of the InfoWorks ICM sewer model. • Conduct a coordination meeting to discuss the relevant sewershed model inputs, known questions and needs for refinement of the model. 1.2.2 Sewer Video Inspection It is recommended the City complete updated sewer video inspections and recordings of the existing sewer interceptor for use in locating all lateral/service connections, Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 172393 Exhibit C - Scope of Work – Phase 1 Page 3 of 7 identifying possible storm water cross connections, and for assessing the condition of each pipe section for applicability of slip-lining if an existing pipe section(s) is determined to have sufficient capacity. City Responsibilities: • Collect and/or provided sewer video of identified sewer alignments no later than mid- December to allow review and verification of any unknown connections potentially affecting proposed alignment alternatives and assessment of eligibility for slip-lining where up-sizing may not be needed. 1.3 Evaluate Alternative Sewer Interceptor Routes The City has indicated that relocating the sewer interceptor out of Wilson Avenue and the reconstructed S. 6th Avenue corridor would be preferable, if there are feasible alternative routes. One option is to relocate portions of the interceptor into Grand Avenue, one block west of Wilson Avenue. In consideration of alternative interceptor route analysis, DOWL will consider the topographical conditions, depth of interceptor, elevation of start/stop connection points, and service/lateral line connections. 1.3.1 Existing Design Conditions (The following is background information used as the basis for development of this scope.) • Topography west from Wilson is adverse grade (i.e. uphill) from S. Wilson Ave. to S. Grand Ave. • At Lincoln St., the elevation gain from S. Wilson to S. Grand is over 10’ requiring a sewer over 18’ deep at W. Lincoln St. and S. Grand Ave. • At Grant St., the elevation gain from S. Wilson to S. Grand is approximately 7’, requiring a sewer interceptor depth of approximately 15’ at Grant St. and S. Grand Ave. • At Hayes St., the elevation gain from S. Wilson to S. Grand Ave. is approximately 6’, requiring a sewer interceptor depth of approximately 11’ at Hayes St. and S. Grand Ave. • At W. Garfield St., the elevation gain from S. Wilson to S. Grand Ave. is approximately 7’ requiring a sewer interceptor depth of approximately 12’ at W. Garfield and S. Grand Ave. • At Arthur St. the elevation gain from S. Wilson to S. Grand is approximately 2’, requiring a minimum sewer interceptor depth of approximately 7.2’ at W. Arthur St. and S. Grand Ave. Thus, routing the sewer interceptor to the west from Wilson would result in a deep sewer at the intersection of W. Grant St. and S. Grand Ave. . However, once the sewer main is routed north the ground surface drops rapidly to the north. For instance, from Grant St. to Hayes St. on S. Grand Ave. the ground surface elevation drops 8’. The sewer Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 173394 Exhibit C - Scope of Work – Phase 1 Page 4 of 7 interceptor depth would be decreasing in depth for a block and then achieve an optimal design grade by the end of the first block of around 8’ bury to be below water main crossings. Routing the interceptor away from Wilson farther to the north (i.e. on Hays or Garfield) would decrease the amount of deep sewer with each block farther north but leave more of the interceptor in S. Wilson Ave. S. Grand includes an existing sewer main and associated services that could all potentially be replaced by connecting to the new sewer interceptor. The next challenge of an alternative interceptor route is then selecting a route intermittently west and north to ultimately catch grade at the tie in location at W. Babcock and S. 9th Ave. Extending the interceptor past College on Grand results in a deep sewer once the main is turned west, as every 1,000 feet west adds approximately 3.5’ of depth (depending on pipe size) while the ground surface to the west remains nearly the same. It is necessary to turn the main to the north for several blocks for every two to three blocks routing west, or the interceptor becomes too deep (>12’). At a minimum, it appears possible to get the interceptor out of Wilson onto Grand, at least to College Ave. Following the existing route west to 4th, to Story, and then diverting to avoid a north run within 6th Avenue appears a greater challenge to avoid excessively deep sewers before reaching S. 8th or S. 9th to turn north to the tie in on W. Babcock. 1.3.2 Alternative Route Evaluation The proposed scope for evaluation of alternative routes includes the following: • To assess the feasibility of these alternative routes, it is proposed in this scope of work to collect the necessary rim and invert elevations for two alternative routes, develop conceptual alignment and grade drawings, determine the required depths for constructability, assess challenges crossing or connecting other existing sewers, and identify other utility conflicts such as storm mains potentially in conflict. • Alternative Route #1 (Realign from S. Wilson Ave.): This route would utilize S. Grand Ave. from W. Grant St. to W. College St. and then follow the existing alignment, including down S. 6th Ave. This option would remove nearly all of the interceptor from S. Wilson Ave. but otherwise follow the existing alignment from W. College S. • Alternative Route #2 (Realign from S. Wilson Ave. and avoid S. 6th Ave corridor): This route would also utilize S. Grand Ave to W. College St. and S. 4th Ave before deviating from the existing alignment to avoid impacts to the S. 6th Ave. corridor. (S. Wilson Ave. – W. Grant St – S. Grand Ave. – W. College St – S. 4th Ave – W. Story St. – S. 5th Ave. – W. Koch St. – S. 8th Ave. – W. Curtiss St – S. 9th – W. Babcock). Each alternative will warrant review in the hydraulic model to account for changes in slope, pipe size adjustments and possible additional flow contributions from additional connections where existing sewer would be crossed and possibly connected to the interceptor. In some cases, this could result in capture of flows currently flowing into a different sewer basin. Note, these alternative routes will result in one or more sections of deeper sewer. Evaluation of the options will need to incorporate a maximum allowable depth, as agreed upon with the City. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 174395 Exhibit C - Scope of Work – Phase 1 Page 5 of 7 1.4 Wetlands Delineation and Permitting A small section of the sewer main replacement between Tracy and Mason traverses the old railroad grade with apparent wetlands on both sides of the elevated embankment. If permanent impacts to waters of the United States, including wetlands, are unavoidable and exceed the United States Army Corps of Engineers (USACE) Pre-Construction Notification threshold of 0.10 acre, permitting would be required under Section 404 of the Clean Water Act. However, impacts are anticipated to be minimal and/or temporary, and may not exceed the threshold. If permitting is required, a Nationwide Permit 58 (NWP) would likely cover the scope of work. The corresponding NWP and Clean Water Act Section 401 stipulations would define the avoidance or minimization measures necessary to protect aquatic resources. The scope of work for addressing these potential wetlands includes a wetland delineation to identify and quantify the possible impacts, review of available NWP in effect and applicable to the project, and development of any associated USACE and/or MDEQ permit or notifications required in relation to the potential wetlands impacts. If the scope of work is within the USACE- defined thresholds and conditions defined by USACE and MDEQ for NWP 58, a compliance memorandum would be provided to the City of Bozeman for reference. 1.5 Preliminary Survey The design survey will be completed as follows: 1.5.1 General: The time available for completion of survey before snow conditions inhibit visibility could be relatively short. DOWL proposes to initiate topographic survey and verification of sewer depths immediately upon notice to proceed. DOWL will mobilize to complete the survey as quickly as possible, depending on the selected survey approach. The most efficient and cost-effective approach DOWL has implemented for water/ sewer rehabilitation is to rely primarily on aerial imagery to capture most of the needed surface features. The existing City of Bozeman aerial imagery provides a high level of detail sufficient to provide adequate detail for design of the sewer replacement and restoration requirements. Conventional survey is still needed in either case for setting permanent project control points, shooting existing sanitary sewer manhole (SSMH) lids, and manhole measure-downs (or invert GPS shots) for precise pipeline invert data. Additional field topography will be required to collect the utility data as the locate companies and utility owners are able to get the marks on the ground. Recently, the utility locate companies have cited work load and availability issues as reasons for not being able to accommodate timely locate demands. We anticipate additional field survey will be required to pick up utility marks as the locators are able to get the marks on the ground. The field survey will be primarily focused on locating the existing sewer and other underground utilities. The City’s aerial imagery and LiDAR data will be used to identify existing ground surface and above-ground features that are outside of the sewer alignment. This approach will allow for more time and focus to be spent on the below- ground infrastructure. Where the sewer alignment crosses curbs, roundabouts, and Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 175396 Exhibit C - Scope of Work – Phase 1 Page 6 of 7 other features, a detailed topographic survey will be collected to direct surface restoration. Conventional survey data will also be used to verify the accuracy the aerial imagery and LiDAR. Survey data will be collected using high-quality GNSS receivers with IMU tilt to allow for inverts to be collected directly. Measure-downs will be collected as well to verify rim to pipe elevations. All survey work conducted in roadways will be done as a two-person crew with appropriate signage to ensure a safe work environment. Utility locates will be placed in blocks to allow locators ample time to complete a section before the survey crew is in that area, to reduce missed utilities due to delays between locator companies. Existing utilities include but are not limited to parallel sanitary sewer, potable water, water and sewer services, natural gas, fiber-optic cable, telephone, TV, electric, and storm water. In order to maximize reproducibility and accuracy, the survey will be in the Bobcat Low Distortion Projection (LDP) per the Rocky Mountain Tribal Coordinate Reference System on the North American Vertical Datum of 1988 (NAVD88) using the MTSU Continuously Operating Reference Station as a base. A control point network of approximately seven (7) control points will be established for design and construction. The attached figure depicts the anticipated control point network that will be provided as part of the construction documents. This control network will allow contractors and subsequent surveyors to check into the project system with GNSS devices in areas with adequate sky-view. 1.5.2 Phase 1 Survey: The scope of survey for the first phase includes the following: • Collection of rim and invert elevation data for the existing sewer interceptor for the full length of the existing alignment from south of Kagy to the end manhole at S. 9th Ave and W. Babcock. • Collection of rim and invert elevation for the additional existing 6-inch sewer manholes within S. Wilson Avenue from Mason Street to W. College. • Collection of rim and invert elevation data for the existing sewer main on S. Grand Ave. from W. Lincoln St. to W. College (Alt. Route #1). • Collection of rim and invert elevation data corresponding to Alternative Route #2. • Establishment of approximately seven survey control points across the anticipated project area. Additional topographic and utility survey will be delayed until a final route is selected and the design survey scope adjusted accordingly. 1.6 Preliminary Engineering Report and Recommendations DOWL will summarize the evaluations in a Preliminary Engineering Report with recommendations for the interceptor routing and pipe sizing. Phase 1 deliverables will include the following: • Summary of evaluations and findings; • Recommended sewer interceptor improvements including projected flows, proposed alignment(s) and sewer main sizing; o Conceptual Plan and Profile sheets for each alternative alignment; Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 176397 Exhibit C - Scope of Work – Phase 1 Page 7 of 7 • Engineer’s opinion of probable construction cost (Class 4 Estimate -30% to +20%). • Draft and final reports Upon the City’s approval of the preferred alternative, DOWL will proceed with the scoping of the project design and permitting scope and fee amendment. Additional services will include utility survey and limited topographic survey, geotechnical investigation, permitting, preliminary and final design and bid phase services. 2.2 Project Management Project management includes project planning, staff and resource coordination, schedule development and management, budget control, and monthly progress reporting. Phase 2 deliverables will include the following: • Project schedule • Monthly invoice and project progress reports • Periodic coordination meetings and minutes Proposed Project Schedule: • Contract Authorization: November 10, 2025 o 1.2 Review/Refine Model and Design Criteria: Nov 10 – Nov 25 o 1.2.2 Review City sewer video; laterals, condition: By Dec 15 o 1.3 Interceptor Route Alternatives: Nov 24 – Dec 19 o 1.4 Wetlands Delineation: (week of Oct-20-2025) ▪ 1.4 Permitting: Nov – Jan ‘26 o 1.5 Survey: ▪ Existing interceptor; 6” Sewer on Wilson, Grand Ave, control survey: Nov 10 – Nov 18 ▪ Alt. Route #1: Nov 19 - 21 ▪ Alt. Route #2: Nov 24 – 25 ▪ Alt. Route #3: TBD o 1.6 Preliminary Engineering Report ▪ Draft: Dec 8 – Jan 9, 2026 ▪ Final: Jan 16 – Jan 23, 2026 o Misc Tasks: ▪ Flow monitoring assistance and data retrieval: Nov – Dec; April – May, ‘26 Compensation See Attachment 1 – Breakdown of Costs Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 177398 #REF! 0 PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Phase 1) Total Non-Contingency Hours 907.41 Total Non-Contingency Labor Costs 139,272.61$ Total Non-Contingency Direct Expenses 715.00$ Total Non-Contingency Cost Amount: 139,987.61$ 20,890.91$ Profit Summary by Firm Firm Cost NTE Amount Firm Profit Amount Prime DOWL, LLC 139,987.61$ Prime 20,890.91$ 160,878.52$ Sub 1 [Enter Subconsultant 1's Name]-$ Sub 1 -$ -$ Sub 2 [Enter Subconsultant 2's Name]-$ Sub 2 -$ -$ Sub 3 [Enter Subconsultant 3's Name]-$ Sub 3 -$ -$ Sub 4 [Enter Subconsultant 4's Name]-$ Sub 4 -$ -$ Sub 5 [Enter Subconsultant 5's Name]-$ Sub 5 -$ -$ Sub 6 [Enter Subconsultant 6's Name]-$ Sub 6 -$ -$ Sub 7 [Enter Subconsultant 7's Name]-$ Sub 7 -$ -$ Note: CPFF compensation may not be used if prime Consultant has Negotiated Billing Rates (NBRs). Subs may use NBRs and are included in the Total Cost NTE; however, NBRs already include profit. Therefore NBR-subs are not part of the profit or Fixed-Fee calculation. Section A: Total Contract/WOC or Amendment NTE Amount This total includes - a) Non-contingency amount [all allowable costs and expenses, NBR subconsultant costs (if applicable), profit or Fixed-Fee amount]; and b) Contingency amount, if any [the total cost, expenses and profit for contingency tasks, each of which must be authorized by Agency]. Section B: Non-Contingency Cost and Profit Summaries Summary/Dashboard of Budgeted Costs & Profit (or Fixed Fee for CPFF Compensation) 160,878.52$ Total Cost & Profit by Firm Non-Contingency Cost Totals (Prime & Subs) Non-Contingency Cost Summary by Firm Profit Total (or Fixed Fee Amount for CPFF): Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 178399 BUDGET MULTIPLIERS BILLING RATE MULTIPLIERS 7 13 15 13 14.00$ 15 15 % of budget in Curr. Year (CY)100% Accepted Overhead 176.44% % of budget in CY+1 0% FCCM 0.00% % of budget in CY+2 0% Negotiated Profit 15.00% % of budget in CY+3 0% Annual Escalation Rate 0.00% Weighted Escal'n Factor 1.000 Detailed Instructions are on the Instructions tab. DOWL, LLC DOWL, LLC Job Classifications (Provide names if requested and for Key Persons)Engr 9 (Swenson )Engr 8 (Johnson )Engr 6 (Yakawich )Engr 6 (Stod)Engr 4 (Jones)Eng 3 (Genay)Engr 2 (Stewart)GIS Specialist (Lewis)Engr Tech 2 (Biegler)Env. Specialist 9 (Peterson)Env. Specialist 4 (Sapp)1 TASK 1 NAME (Preliminary Engineering)0 75 172 0 12 279 90 0 84 50 8 56 0 826 44,718.37$ 78,901.10$ -$ 715.00$ 124,334.47$ 18,542.94$ 826 44,718.37$ 78,901.10$ -$ 715.00$ 124,334.47$ 18,542.94$ 142,877.41$ 89% 1.1 Flow Monitoring Coordination; Data Retrieval 8 20 28 1,532.20$ 2,703.41$ -$ 4,235.61$ 635.34$ 28 1,532.20$ 2,703.41$ -$ -$ 4,235.61$ 635.34$ 4,870.95$ 3%1.2 Review/Refine Facility Plan Recommendations 6 6 454.42$ 801.78$ -$ 1,256.20$ 188.43$ 6.25833 454.42$ 801.78$ -$ -$ 1,256.20$ 188.43$ 1,444.63$ 1%1.2.1 Review/Refine Extg. Model Flow Info and Service Pop. Basis 6 4 12 12 34 1,941.22$ 3,425.09$ -$ 5,366.31$ 804.95$ 34.2583 1,941.22$ 3,425.09$ -$ -$ 5,366.31$ 804.95$ 6,171.26$ 4% Incorporate Survey Rim and Invert Data 20 20 904.60$ 1,596.08$ -$ 2,500.68$ 375.10$ 20 904.60$ 1,596.08$ -$ -$ 2,500.68$ 375.10$ 2,875.78$ 2% Record Drawing and Lateral Review 6 8 8 22 1,384.82$ 2,443.38$ -$ 3,828.20$ 574.23$ 22.2583 1,384.82$ 2,443.38$ -$ -$ 3,828.20$ 574.23$ 4,402.43$ 3% Review base flow inputs and flow allocations 4 4 8 445.52$ 786.08$ -$ 1,231.60$ 184.74$ 8 445.52$ 786.08$ -$ -$ 1,231.60$ 184.74$ 1,416.34$ 1% Incorporate flow monitor data - Spring/wet weather (fnl design)0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%Incorporate flow monitor data - Winter/dry weather (fnl design)0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.2.2 Review Sewer Video; lateral connections; cond. assess. & document 6 4 16 26 1,521.42$ 2,684.39$ -$ 4,205.81$ 630.87$ 26.2583 1,521.42$ 2,684.39$ -$ -$ 4,205.81$ 630.87$ 4,836.68$ 3% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.3 Evaluate Alternative Interceptor Routes 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Alt Route #1- Conceptual P&P Drawings 6 24 60 30 120 6,167.92$ 10,882.68$ -$ 17,050.60$ 2,557.59$ 120.258 6,167.92$ 10,882.68$ -$ -$ 17,050.60$ 2,557.59$ 19,608.19$ 12% Alt Route #1- Sewer model analyses 6 8 24 38 2,069.14$ 3,650.79$ -$ 5,719.93$ 857.99$ 38.2583 2,069.14$ 3,650.79$ -$ -$ 5,719.93$ 857.99$ 6,577.92$ 4%Alt Route #2- Conceptual P&P Drawings 6 24 16 20 66 3,589.02$ 6,332.47$ -$ 9,921.49$ 1,488.22$ 66.2583 3,589.02$ 6,332.47$ -$ -$ 9,921.49$ 1,488.22$ 11,409.71$ 7%Alt Route #2- Sewer model analyses 6 8 30 44 2,340.52$ 4,129.61$ -$ 6,470.13$ 970.52$ 44.2583 2,340.52$ 4,129.61$ -$ -$ 6,470.13$ 970.52$ 7,440.65$ 5% Alt Route #3- Conceptual P&P Drawings 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Alt Route #3- Sewer model analyses 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%Utility conflict review (coord. w/ NW Energy)6 4 15 25 1,471.27$ 2,595.91$ -$ 4,067.18$ 610.08$ 25.2583 1,471.27$ 2,595.91$ -$ -$ 4,067.18$ 610.08$ 4,677.26$ 3%Alternative cost estimates 6 16 16 38 2,315.22$ 4,084.97$ -$ 6,400.19$ 960.03$ 38.2583 2,315.22$ 4,084.97$ -$ -$ 6,400.19$ 960.03$ 7,360.22$ 5% Alt. eval summary descriptions and conclusions 6 24 16 46 2,844.42$ 5,018.69$ -$ 7,863.11$ 1,179.47$ 46.2583 2,844.42$ 5,018.69$ -$ -$ 7,863.11$ 1,179.47$ 9,042.58$ 6% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%1.4 Wetland Delineation & Permitting 0 -$ -$ -$ 262.50$ 262.50$ -$ 0 -$ -$ -$ 262.50$ 262.50$ -$ 262.50$ 0%Field Delineation 8 8 388.96$ 686.28$ -$ 1,075.24$ 161.29$ 8 388.96$ 686.28$ -$ -$ 1,075.24$ 161.29$ 1,236.53$ 1% Permit/Notification Preparation 40 40 1,944.80$ 3,431.41$ -$ 5,376.21$ 806.43$ 40 1,944.80$ 3,431.41$ -$ -$ 5,376.21$ 806.43$ 6,182.64$ 4% Regulatory Correspondence 8 8 16 1,021.60$ 1,802.51$ -$ 2,824.11$ 423.62$ 16 1,021.60$ 1,802.51$ -$ -$ 2,824.11$ 423.62$ 3,247.73$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%1.5 Survey - Phase 1 - Prep and office time 12 8 20 975.96$ 1,721.98$ -$ 452.50$ 3,150.44$ 404.69$ 20 975.96$ 1,721.98$ -$ 452.50$ 3,150.44$ 404.69$ 3,555.13$ 2% Rim/invert - Extg interceptor alignment 2 16 16 34 1,683.02$ 2,969.52$ -$ 4,652.54$ 697.88$ 34 1,683.02$ 2,969.52$ -$ -$ 4,652.54$ 697.88$ 5,350.42$ 3% Rim/invert - 6" sewer on S. Wilson 2 16 16 34 1,683.02$ 2,969.52$ -$ 4,652.54$ 697.88$ 34 1,683.02$ 2,969.52$ -$ -$ 4,652.54$ 697.88$ 5,350.42$ 3%Rim/Inverts - S. Grand Ave.2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3%Rim/Inverts - Alt. Route #1 2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3% Rim/Inverts - Alt. Route #2 2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3% Rim/Inverts - Alt. Route #3 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Set Project Survey Control 2 8 8 18 907.66$ 1,601.48$ -$ 2,509.14$ 376.37$ 18 907.66$ 1,601.48$ -$ -$ 2,509.14$ 376.37$ 2,885.51$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.6 Preliminary Engineering Report 6 24 24 54 3,245.62$ 5,726.57$ -$ 8,972.19$ 1,345.83$ 54.2583 3,245.62$ 5,726.57$ -$ -$ 8,972.19$ 1,345.83$ 10,318.02$ 6% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%2 Project Management 12 49 8 0 0 8 4 0 0 0 0 0 0 81 5,662.40$ 9,990.74$ -$ -$ 15,653.14$ 2,347.97$ 81 5,662.40$ 9,990.74$ -$ -$ 15,653.14$ 2,347.97$ 18,001.11$ 11% 2.1 Project Management (Scope/Sched/Bdgt/work plan management)41 41 2,999.16$ 5,291.72$ -$ 8,290.88$ 1,243.63$ 41.305 2,999.16$ 5,291.72$ -$ -$ 8,290.88$ 1,243.63$ 9,534.51$ 6% 2.1.1 Team/City Coord Meetings 8 8 8 4 28 1,692.20$ 2,985.72$ -$ 4,677.92$ 701.69$ 28 1,692.20$ 2,985.72$ -$ -$ 4,677.92$ 701.69$ 5,379.61$ 3% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 2.2 Senior Review/QC 12 12 971.04$ 1,713.30$ -$ 2,684.34$ 402.65$ 12 971.04$ 1,713.30$ -$ -$ 2,684.34$ 402.65$ 3,086.99$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 21 TOTAL Non-Contingency 12 124 180 0 12 287 94 0 84 50 8 56 0 907 50,380.77$ 88,891.84$ -$ 715.00$ 139,987.61$ 20,890.91$ 907.405 50,380.77$ 88,891.84$ -$ 715.00$ 139,987.61$ 20,890.91$ 160,878.52$ 160,878.52$ Color Legend Green-highlighted cells are totals or subtotals. Orange-highlighted cells are for NBR entries only. Blue text indicates guidance/notes for end-user. Yellow-highlighted cells are for data entry.Total CostDirect ExpensesHoursValues will be 0 if a firm uses Negotiated Billing Rates (NBRs); otherwise use applicable Overhead and FCCM,. Direct Expenses % of Total Non-Contingency Labor CostsEscalated Direct Labor or NBR $OverheadFCCMProfit (or Fixed Fee amount for CPFF)Breakdown of Costs - Dated: October 15, 2025 HoursEscalated Direct Labor or NBR $Total CostFCCMProject Summary Cost + Profit or Fixed Fee PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Phase 1) NON-CONTINGENCY TASKS/DELIVERABLES Unhide rows to assign Subtasks and Hide any unused rows.Profit (or Fixed Fee amount for CPFF)OverheadCost + Fee or Profit = Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 179400 If using any second or lower tier subs, identify name, Tax ID No., DBE status, and dollar amount for each. If firm is using their Social Security Number, just enter "SSN" and do not enter the actual number. Task # Description Basis of Estimate Qty.Unit Price Amount Include enough detail for the reader to understand how the estimate was determined. 1.2 Sample Entries for Instructional Purposes Only $977.50 $0.00 $0.00 $0.00 2.3.1 Sample Entries for Instructional Purposes Only $977.50 $0.00 $0.00 1.4 Wetland Delineation $262.50 Per Diem 1 $60.000 $60.00 Mileage 150 $1.35 $202.50 2 Survey $452.50 Survey Supplies Stakes, rebar, control equipment, paint 1 $250 $250.00 Mileage 15 days x 10 miles 150 $1.35 $202.50 3 [Subtask Name]$0.00 $0.00 $0.00 $0.00 (For more subtask entries, unhide rows 73 to 132; Insert additional rows if needed under for a given subtask)$715.00 Consulting Firm: DOWL, LLC Complete a separate Expense Detail sheet for Prime and each subconsultant, as needed. Totals must be manually entered or linked into the BOC worksheet. Insert rows as needed. NON-CONTINGENCY TASKS/DELIVERABLES For subtasks that include ODCs, enter subtask number and name to correspond with associated subtask in Breakdown of Costs sheet. TOTAL Non-Contingency 10/29/2025 3:51 PM Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 180401 Second Amendment to Professional Services Agreement for MSU Sewer Interceptor Improvements Page 1 of 2 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR MSU Sewer Interceptor Improvements dated November 14, 2025 (the “Agreement”) is made and entered into this _____ day of ____________, 2026, 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 DOWL, 1283 N. 14th Ave., Ste. 101, Bozeman, MT 59715 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. Attached Exhibit A-1 Scope of Services for Engineering Design and Bid Phase Services. 2. Addition to Payment. Attached Cost Schedule 3. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 181 406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive ■ Bozeman, Montana 59715 ■ www.dowl.com February 10, 2026 Mr. Kellen Gamradt City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Subject: Bozeman-MSU Sewer Interceptor Dear Mr. Gamradt: Please find attached for the City’s approval the updated scope of services and proposed estimate of fees for completion of design and bid phase services for the City of Bozeman MSU Sewer Interceptor project. Please let us know if you have any further questions or comments. Sincerely, DOWL Kevin R. Johnson, PE, BCEE Project Manager Attachment(s): As stated 182 Second Amendment to Professional Services Agreement for MSU Sewer Interceptor Improvements Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA DOWL, LLC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Kevin Johnson Title: Project Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 183 Page 1 of 4 Exhibit A-1 – Scope of Services (Engineering Design & Bid Phase Services) The following text summarizes our understanding of the project and the proposed scope of services. PROJECT DESCRIPTION The City of Bozeman MSU Sewer Interceptor includes sewer mains between the intersection of Kagy Blvd. and South 3rd Ave. extending north through the City and terminating at the intersection of South 9th Ave and West Babcock. Based up the preliminary investigation and alternative route evaluations, the City has selected a preferred route and sequencing for improvements to the interceptor as described in the Pre-Design Report and summarized as follows: Phase 1: Sewer Interceptor and water/sewer replacement on Kagy; • South 7thth Avenue – from West Babcock Street to West Story Street; • West Story Street – from South 7th Avenue to South 4th Avenue; • South 4th Avenue – from West Story Street to West College Street; • Mason St. – from South Willson Ave., across Langohr Park to S. Tracy Ave.; • South Tracy Ave. – from Langohr Park to Kagy Blvd.; • Kagy Blvd. – from South Tracy to South 3rd Ave. and approximately 300 feet south on South 3rd. Ave. In addition to replacement of these sections of the MSU sewer interceptor, the project includes replacement of additional sanitary sewer in Kagy Blvd. as follows: • Kagy Blvd. – from South 7th Ave. to South 3rd and north on South Willson beyond the limits of the Kagy Blvd. widening limits. • South Tracy Ave. – from Spring Creek Dr. north across Kagy Blvd. to the intersection of Hoffman Dr. In addition, the project includes replacement of existing water mains in Kagy Blvd. as follows: • Kagy Blvd. – from Greek Way to South Willson Ave. and approximately 400 feet north on South Willson Ave.; • Kagy Blvd. – from South 3rd Ave. (Willson) to South Tracy Ave. and approximately 140 feet north on South Tracy Ave. Phase 2: Replace the remainder of the MSU sewer interceptor as follows: • South Willson Ave. – from Mason St. to West College St.; • West College St. – from South Willson Ave. to South 4th Ave. Phase 2 is not part of this scope of services and will be incorporated via amendment at a later date. Task 3.1 – Project Management 184 Page 2 of 4 This task includes time for management of the project scope of work, schedule and budget along with coordination of the project team, communications with the City, oversight of quality control and management of deliverables. Task 3.2 - Design Survey MSU Sewer Interceptor: The preliminary design phase for this project included completion of field survey to collect sewer manhole and invert information for the sanitary sewer and storm sewer conflicts. Additional survey includes utility locates and survey of natural gas, fiber, communication, water, and other buried utilities, spot surveys for potentially affected curb and gutter, potentially impacted trees, medians and other surface features needing more detail than the aerial photos can provide for adequate quantities and for detailing the expected scope of construction. Kagy Blvd. – Additional Water and Sewer Replacement: The City/MDT has completed a survey of the Kagy Blvd corridor with the Kagy Blvd. Reconstruction project. It is assumed that the completed survey will be available for use on this project. DOWL has included time to verify survey control, complete rim and invert verifications and provide survey pickup of detail that may be needed for the water and sewer replacement work. The Kagy Blvd. survey base mapping was not available and reviewed in detail for the purposes of developing this scope of work. If the available survey and base mapping needs additional survey and mapping to complete the water and sewer replacement construction drawings, this scope and associated costs will be amended accordingly. Task 3.3 - Geotechnical Investigation – Included in Amendment #1 Task 3.4 – Construction Drawings Construction drawings will include general sheets, water and sewer plan and profile drawings, preliminary sewer bypass options, traffic control plans and any special details not included in the City’s Modifications to Montana Public Works. Preliminary construction drawings are anticipated to include the following estimated sheet list: Sheet Category Estimated Sheet Count General Sheets 8 Sewer Plan and Profile Sheets (1” = 20’) 16 Water Plan and Profile Sheets (1” = 20’) 4 Preliminary Sewer Bypass Pumping Concept Plans 2 Preliminary Traffic Control Plans (Kagy) 2 185 Page 3 of 4 Misc. Detail Sheets 2 Preliminary Plan and Specification Submittal: The preliminary (75%) plans and specifications will be submitted for City review, comments, and a review meeting with be held with the City. It is assumed the review process can be completed within two (2) weeks of the City’s receipt of the documents. Final Construction Documents: Upon completion of the preliminary construction document reviews, DOWL will update the plans and specifications for submittal to the Montana Department of Environmental Quality (MDEQ) and prepare the documents for bidding. The project will be divided into two (2) bid schedules with schedule consisting of improvements south of the South Willson Ave. / Mason St. intersection and schedule 2 consisting of improvements north of the West College St. / South 4th Ave. intersection. Task 3.5 – Specifications Project specifications will be based upon the Montana Public Works Standard Specifications 7th Edition, March 2024 and the City of Bozeman Modifications to the MPWSS. The specifications will incorporate any project- specific Supplementary Conditions, Special Provisions and technical specifications. The specifications will include additions for bypass pumping, construction sequencing and any specific constraints and requirements identified throughout the design. Task 3.6 – Takeoffs and Cost Estimate DOWL will update the project quantities at the 75% and final construction document submittals and provide an engineer’s estimate of probable cost. Task 3.7 – Basis of Design Report DOWL will develop a Basis of Design Report (BDR) to document the final project design and for the MDEQ Certified Checklist permitting for both the sewer and water replacement portions of the project. The BDR will be appended to the respective design reports for reference and will include the additional sections of water and sewer replacement in Kagy Blvd. The MDEQ permitting fees are included in this task. Task 3.8 – Permitting and Agency Coordination This task includes coordination with agencies having any jurisdiction for the project. This is anticipated to include the City of Bozeman, the Montana Department of Transportation (MDT), and MDEQ. The following permits are anticipated for the project: - MDEQ Sewer Main Extension and Replacement Certified Checklist - MDEQ Water Main Extension and Replacement Certified Checklist Coordination may be necessary with the Kagy Blvd. Reconstruction project design/build team (TBD). The proposed scope of work includes time for coordination with the selected design/build team and project agencies. 186 Page 4 of 4 Task 3.9 Quality Control Prior to submittals or release of documents to the City for review and bidding, all documents will be subject to DOWL quality control processes including document checking, senior review and backchecking updated documents. Task – 4.1 Bid Phase Services DOWL will support and assist the City with project bidding and award phase of the project. The proposed scope of work will include the following tasks: - Assemble project drawings and specifications for the city to post and advertise via QuestCDN; - Assist the city with a prebid conference; - Respond to bidder questions and provide addenda, as needed; - The scope of work assumes the City will receive electronic bids and host the virtual bid opening and reading of bids. - Assist with review and certification of the received bids; - Provide recommendations for the project award; - Review bond and insurance information for compliance with contract requirements; - Prepare agreements for Owner and contractor execution. Task – 5.0 Construction Administration and Inspection – Future project Amendment 187 PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Design, Bidding) Total Non-Contingency Hours 1278.95 Total Non-Contingency Labor Costs 184,390.97$ Total Non-Contingency Direct Expenses 4,905.00$ Total Non-Contingency Cost Amount: 189,295.97$ 27,658.70$ Profit Summary by Firm Firm Cost NTE Amount Firm Profit Amount Prime DOWL, LLC 189,295.97$ Prime 27,658.70$ 216,954.67$ Sub 1 [Enter Subconsultant 1's Name] -$ Sub 1 -$ -$ Sub 2 [Enter Subconsultant 2's Name] -$ Sub 2 -$ -$ Sub 3 [Enter Subconsultant 3's Name] -$ Sub 3 -$ -$ Sub 4 [Enter Subconsultant 4's Name] -$ Sub 4 -$ -$ Sub 5 [Enter Subconsultant 5's Name] -$ Sub 5 -$ -$ Sub 6 [Enter Subconsultant 6's Name] -$ Sub 6 -$ -$ Sub 7 [Enter Subconsultant 7's Name] -$ Sub 7 -$ -$ Note: CPFF compensation may not be used if prime Consultant has Negotiated Billing Rates (NBRs). Subs may use NBRs and are included in the Total Cost NTE; however, NBRs already include profit. Therefore NBR-subs are not part of the profit or Fixed-Fee calculation. Section A: Total Contract/WOC or Amendment NTE Amount This total includes - a) Non-contingency amount [all allowable costs and expenses, NBR subconsultant costs (if applicable), profit or Fixed-Fee amount]; and b) Contingency amount, if any [the total cost, expenses and profit for contingency tasks, each of which must be authorized by Agency]. Section B: Non-Contingency Cost and Profit Summaries Summary/Dashboard of Budgeted Costs & Profit (or Fixed Fee for CPFF Compensation) 216,954.67$ Total Cost & Profit by Firm Non-Contingency Cost Totals (Prime & Subs) Non-Contingency Cost Summary by Firm Profit Total (or Fixed Fee Amount for CPFF): 188 BUDGET MULTIPLIERS BILLING RATE MULTIPLIERS 7 13 15 13 14.00$ 15 15 % of budget in Curr. Year (CY) 80% Accepted Overhead % of budget in CY+1 20% FCCM % of budget in CY+2 0% Negotiated Profit % of budget in CY+3 0% Annual Escalation Rate Weighted Escal'n Factor 1.007 Detailed Instructions are on the Instructions tab. DOWL, LLC DOWL, LLC Job Classifications (Provide names if requested and for Key Persons)Engr 9 (Swenson )Engr 8 (Johnson )Engr 6 (Yakawich )Engr 6 (Fischer)Engr 4 (Jones)Eng 3 (Genay)Engr 2 (Stewart)GIS Specialist (Lewis)Engr Tech 2 (Biegler)Env. Specialist 9 (Peterson)Job Classification (Individual )Row 11: Enter Direct Salary Rate (Avg, Actual, Max) Current Year $80.92 $72.61 $66.15 $66.15 $56.62 $50.15 $45.23 $46.77 $37.23 $79.08 $0.00Row 12: Calculated Annualized Direct Salary Rate $81.49 $73.12 $66.61 $66.61 $57.02 $50.50 $45.55 $47.10 $37.49 $79.63 $0.00 Row 13: Enter Negotiated Billing Rate (NBR) if applicable Burdened Billing Rate W/O Profit for CPFF Compensation $225.26 $202.13 $184.15 $184.15 $157.62 $139.61 $125.91 $130.20 $103.64 $220.14 $0.00Task #Fully Burdened Billing Rate $259.05 $232.45 $211.77 $211.77 $181.26 $160.55 $144.80 $149.73 $119.18 $253.16 $0.00 2 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%2 0 0 0 0 0 0 0 0 0 0 0 0 -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0%3 TASK 3 - Design 16 148.95 150 12 24 406 0 0 434 0 0 1190.95 61,128.83$ 107,855.73$ -$ 4,905.00$ 173,889.56$ 25,347.73$ 1191 61,128.83$ 107,855.73$ -$ 4,905.00$ 173,889.56$ 25,347.73$ 199,237.29$ 91.6% 3.1 Project Management 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.1.1 Scope, Schedule, Budget, Progress Reporting (5%)51 51.3 3,750.97$ 6,618.21$ -$ 10,369.18$ 1,555.38$ 51.3 3,750.97$ 6,618.21$ -$ -$ 10,369.18$ 1,555.38$ 11,924.56$ 5.6% 3.1.2 Coordination Meetings 18 12 30 2,115.49$ 3,732.57$ -$ 5,848.06$ 877.21$ 30 2,115.49$ 3,732.57$ -$ -$ 5,848.06$ 877.21$ 6,725.27$ 3.2%3.1.3 General Project Coordination 26 25.65 1,875.48$ 3,309.10$ -$ 5,184.58$ 777.69$ 25.65 1,875.48$ 3,309.10$ -$ -$ 5,184.58$ 777.69$ 5,962.27$ 2.8% 3.2 Design Survey 0 -$ -$ -$ 270.00$ 270.00$ -$ 0 -$ -$ -$ 270.00$ 270.00$ -$ 270.00$ 0.0% 3.2.1 Field Survey Pickup - Sewer Interceptor 4 24 8 36 1,934.77$ 3,413.71$ -$ 5,348.48$ 802.27$ 36 1,934.77$ 3,413.71$ -$ -$ 5,348.48$ 802.27$ 6,150.75$ 2.9% 3.2.2 Field Survey Pickup - Kagy Water and Sewer Additions 4 24 8 36 1,778.40$ 3,137.81$ -$ 4,916.21$ 737.43$ 36 1,778.40$ 3,137.81$ -$ -$ 4,916.21$ 737.43$ 5,653.64$ 2.7% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0%3.3 Geotechnical Evaluation and Report (in Amendment #1)0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.4 Construction Drawings 0 -$ -$ -$ 135.00$ 135.00$ -$ 0 -$ -$ -$ 135.00$ 135.00$ -$ 135.00$ 0.0% 3.4.1 Draft Construction Sewer P&P Drawings 100 168 268 11,348.53$ 20,023.35$ -$ 31,371.88$ 4,705.78$ 268 11,348.53$ 20,023.35$ -$ -$ 31,371.88$ 4,705.78$ 36,077.66$ 17.0%3.4.2 Draft Construction Water P&P Drawings 54 96 150 6,326.16$ 11,161.88$ -$ 17,488.04$ 2,623.21$ 150 6,326.16$ 11,161.88$ -$ -$ 17,488.04$ 2,623.21$ 20,111.25$ 9.5% 3.4.3 Final Construction P&P Drawings 48 70 118 5,048.39$ 8,907.38$ -$ 13,955.77$ 2,093.37$ 118 5,048.39$ 8,907.38$ -$ -$ 13,955.77$ 2,093.37$ 16,049.14$ 7.6% 3.4.4 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.4.5 Conceptual Bypass Pumping Evaluation/Staging 8 16 24 1,340.92$ 2,365.92$ -$ 3,706.84$ 556.03$ 24 1,340.92$ 2,365.92$ -$ -$ 3,706.84$ 556.03$ 4,262.87$ 2.0%3.4.6 Traffic Control Plans 2 12 12 26 1,382.47$ 2,439.23$ -$ 3,821.70$ 573.26$ 26 1,382.47$ 2,439.23$ -$ -$ 3,821.70$ 573.26$ 4,394.96$ 2.1%3.4.7 General sheets 16 32 48 2,007.72$ 3,542.42$ -$ 5,550.14$ 832.52$ 48 2,007.72$ 3,542.42$ -$ -$ 5,550.14$ 832.52$ 6,382.66$ 3.0% 3.4.8 Details 16 16 32 1,407.87$ 2,484.05$ -$ 3,891.92$ 583.79$ 32 1,407.87$ 2,484.05$ -$ -$ 3,891.92$ 583.79$ 4,475.71$ 2.1% 3.4.9 Draft Design Review Meeting 4 4 8 558.93$ 986.18$ -$ 1,545.11$ 231.77$ 8 558.93$ 986.18$ -$ -$ 1,545.11$ 231.77$ 1,776.88$ 0.8%3.4.10 Update Documents per Review Processes 8 8 24 40 1,836.69$ 3,240.66$ -$ 5,077.35$ 761.60$ 40 1,836.69$ 3,240.66$ -$ -$ 5,077.35$ 761.60$ 5,838.95$ 2.8% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.5 Specifications 20 40 60 3,352.30$ 5,914.80$ -$ 9,267.10$ 1,390.07$ 60 3,352.30$ 5,914.80$ -$ -$ 9,267.10$ 1,390.07$ 10,657.17$ 5.0% 3.5.1 Mods to MPW/COB Mods & Summary of Work 8 16 4 28 1,852.76$ 3,269.01$ -$ 5,121.77$ 768.27$ 28 1,852.76$ 3,269.01$ -$ -$ 5,121.77$ 768.27$ 5,890.04$ 2.8%3.5.2 Div 0 Documents 8 16 4 28 1,852.76$ 3,269.01$ -$ 5,121.77$ 768.27$ 28 1,852.76$ 3,269.01$ -$ -$ 5,121.77$ 768.27$ 5,890.04$ 2.8% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.6 Takeoff and Engr's. Estimate of Probable Cost 4 24 28 1,478.48$ 2,608.63$ -$ 4,087.11$ 613.07$ 28 1,478.48$ 2,608.63$ -$ -$ 4,087.11$ 613.07$ 4,700.18$ 2.2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.7 Basis of Design Report (& MDEQ Design Reports)2 12 24 38 2,157.62$ 3,806.90$ -$ 4,500.00$ 10,464.52$ 894.68$ 38 2,157.62$ 3,806.90$ -$ 4,500.00$ 10,464.52$ 894.68$ 11,359.20$ 3.2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0%3.8 Permitting and Agency Coordination 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.8.1 MT DEQ Submittal (10-day checklist review)8 4 12 734.91$ 1,296.68$ -$ 2,031.59$ 304.74$ 12 734.91$ 1,296.68$ -$ -$ 2,031.59$ 304.74$ 2,336.33$ 1.1% 3.8.2 Coordination with MDT 8 24 16 48 2,991.68$ 5,278.52$ -$ 8,270.20$ 1,240.53$ 48 2,991.68$ 5,278.52$ -$ -$ 8,270.20$ 1,240.53$ 9,510.73$ 4.5% 3.8.3 Coordination related to Kagy Blvd. Reconstruction project 8 8 8 24 1,521.86$ 2,685.17$ -$ 4,207.03$ 631.05$ 24 1,521.86$ 2,685.17$ -$ -$ 4,207.03$ 631.05$ 4,838.08$ 2.3% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.9 Quality Control 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 3.9.1 Checker (prelim and final)16 16 1,169.89$ 2,064.15$ -$ 3,234.04$ 485.11$ 16 1,169.89$ 2,064.15$ -$ -$ 3,234.04$ 485.11$ 3,719.15$ 1.8% 3.9.2 Senior Review (prelim and final)16 16 1,303.78$ 2,300.39$ -$ 3,604.17$ 540.63$ 16 1,303.78$ 2,300.39$ -$ -$ 3,604.17$ 540.63$ 4,144.80$ 2.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 4 TASK 4 Bidding 0 20 42 0 0 26 0 0 0 0 0 88 5,573.15$ 9,833.26$ -$ -$ 15,406.41$ 2,310.97$ 88 5,573.15$ 9,833.26$ -$ -$ 15,406.41$ 2,310.97$ 17,717.38$ 8.4% 4.1 Bidding 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0%4.1.1 Assemble and Post Bidding Docs (QuestCDN)4 8 12 670.46$ 1,182.96$ -$ 1,853.42$ 278.01$ 12 670.46$ 1,182.96$ -$ -$ 1,853.42$ 278.01$ 2,131.43$ 1.0%4.1.2 Prebid Meeting 4 4 2 10 659.93$ 1,164.38$ -$ 1,824.31$ 273.65$ 10 659.93$ 1,164.38$ -$ -$ 1,824.31$ 273.65$ 2,097.96$ 1.0% 4.1.3 Advertisement for Bid, RFI, Addenda 8 16 16 40 2,458.77$ 4,338.25$ -$ 6,797.02$ 1,019.55$ 40 2,458.77$ 4,338.25$ -$ -$ 6,797.02$ 1,019.55$ 7,816.57$ 3.7% 4.1.4 Bid Opening (City to manage; bid tab)2 2 133.23$ 235.07$ -$ 368.30$ 55.25$ 2 133.23$ 235.07$ -$ -$ 368.30$ 55.25$ 423.55$ 0.2%4.1.5 Recommendation for Award 4 4 8 558.93$ 986.18$ -$ 1,545.11$ 231.77$ 8 558.93$ 986.18$ -$ -$ 1,545.11$ 231.77$ 1,776.88$ 0.8%4.1.6 Bonds, Insurance Review, Contracts 4 12 16 1,091.83$ 1,926.42$ -$ 3,018.25$ 452.74$ 16 1,091.83$ 1,926.42$ -$ -$ 3,018.25$ 452.74$ 3,470.99$ 1.6% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 21 TOTAL Non-Contingency 16 169 192 12 24 432 0 0 434 0 0 1279 66,701.98$ 117,688.99$ -$ 4,905.00$ 189,295.97$ 27,658.70$ 1278.95 66,701.98$ 117,688.99$ -$ 4,905.00$ 189,295.97$ 27,658.70$ 216,954.67$ 216,954.67$ Color Legend Green-highlighted cells are totals or subtotals. Orange-highlighted cells are for NBR entries only. Blue text indicates guidance/notes for end-user. Yellow-highlighted cells are for data entry.Total CostDirect ExpensesHoursValues will be 0 if a firm uses Negotiated Billing Rates (NBRs); otherwise use applicable Overhead and FCCM,. Direct Expenses % of Total Non-Contingency Labor CostsEscalated Direct Labor or NBR $OverheadFCCMProfit (or Fixed Fee amount for CPFF)Breakdown of Costs - Dated: January 15, 2025 HoursEscalated Direct Labor or NBR $Total CostFCCMProject Summary Cost + Profit or Fixed Fee PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Design, Bidding) NON-CONTINGENCY TASKS/DELIVERABLES Unhide rows to assign Subtasks and Hide any unused rows.Profit (or Fixed Fee amount for CPFF)15.00%Overhead176.44% 0.00% Cost + Fee or Profit = 189 If using any second or lower tier subs, identify name, Tax ID No., DBE status, and dollar amount for each. If firm is using their Social Security Number, just enter "SSN" and do not enter the actual number. Task # Description Basis of Estimate Qty.Unit Price Amount Include enough detail for the reader to understand how the estimate was determined. $1.35 $0.00 3.2 Survey $270.00 3.3.1 Sewer Interceptor pickups 100 $1.350 $135.00 3.3.2 Kagy Water/Sewer pickups 100 $1.350 $135.00 $0.00 $0.00 3.4 Construction Drawings $135.00 3.4.1 P&P Drawings - Field visits 100 $1.350 $135.00 $0.00 3.7 Design Reports $4,500.00 3.7.1 MT DEQ Review Fees 1 $4,500.00 $4,500.00 $0.00 6 [Subtask Name]$0.00 $0.00 $0.00 Consulting Firm: DOWL, LLC Complete a separate Expense Detail sheet for Prime and each subconsultant, as needed. Totals must be manually entered or linked into the BOC worksheet. Insert rows as needed. NON-CONTINGENCY TASKS/DELIVERABLES For subtasks that include ODCs, enter subtask number and name to correspond with associated subtask in Breakdown of Costs sheet. 2/9/2026 9:19 AM 190 Task Hrs 37% 3 TASK 3 - Design Applicable Kagy Proportions Comment 3.1 Project Management 3.1.1 Scope, Schedule, Budget, Progress Reporting (5%)51.3 19 3.1.2 Coordination Meetings 30 11 3.1.3 General Project Coordination 25.65 9 3.2 Design Survey 3.2.1 Field Survey Pickup - Sewer Interceptor 36 3.2.2 Field Survey Pickup - Kagy Water and Sewer Additions 36 13 3.4 Construction Drawings 0 3.4.1 Draft Construction Sewer P&P Drawings 268 59 22% of total Sewer 3.4.2 Draft Construction Water P&P Drawings 150 150 3.4.3 Final Construction P&P Drawings 118 44 3.4.5 Conceptual Bypass Pumping Evaluation/Staging 24 9 3.4.6 Traffic Control Plans 26 10 3.4.7 General sheets 48 18 3.4.8 Details 32 12 3.4.9 Draft Design Review Meeting 8 3 3.4.10 Update Documents per Review Processes 40 15 3.5 Specifications 60 22 3.5.1 Mods to MPW/COB Mods & Summary of Work 28 10 3.5.2 Div 0 Documents 28 10 3.6 Takeoff and Engr's. Estimate of Probable Cost 28 10 3.7 Basis of Design Report (& MDEQ Design Reports)38 14 3.8 Permitting and Agency Coordination 3.8.1 MT DEQ Submittal (10-day checklist review)12 4 3.8.2 Coordination with MDT 48 18 3.8.3 Coordination related to Kagy Blvd. Reconstruction project 24 9 3.9 Quality Control 3.9.1 Checker (prelim and final)16 6 3.9.2 Senior Review (prelim and final)16 6 0 4 TASK 4 Bidding 88 33 4.1 Bidding 0 4.1.1 Assemble and Post Bidding Docs (QuestCDN)12 4 4.1.2 Prebid Meeting 10 4 4.1.3 Advertisement for Bid, RFI, Addenda 40 15 4.1.4 Bid Opening (City to manage; bid tab)2 1 4.1.5 Recommendation for Award 8 3 4.1.6 Bonds, Insurance Review, Contracts 16 6 0 0 Totals = 1278.95 547 Ave Rate = 148.00$ Total = 80,920.93$ Estimated Division of Design/Bidding Hours (Interceptor v/s Water/Sewer on Kagy) COB/MSU Interceptor 191 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution for the Creation of Special Improvement Lighting District 794 Jarrett Subdivision Phase 1 MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution for the Creation of Special Improvement Lighting District 794 Jarrett Subdivision Phase 1 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:The Commission did on January 27, 2026, adopt Commission Resolution No. 2026-10 Intent to Create Special Improvement Lighting District 794 Jarrett Subdivision Phase 1 as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the city will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $20.37 per acre within the district or $113.28 annually for the entire district. Attachments: Resolution 2026-XX-Creation of SILD.doc Exhibit A.pdf Report compiled on: January 15, 2026 192 Resolution of Creation of Lighting District 794 Page 1 of 4 RESOLUTION 2026-XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 794 JARRETT SUBDIVISION PHASE 1 CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Passage of Resolution of Intention. This Commission, on January 27, 2026, adopted Resolution No 2026-XX (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 794 (Jarrett Subdivision Phase 1) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. 193 Resolution of Creation of Lighting District 794 Page 2 of 4 Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on February 24, 2026, this Commission approved the creation of the district and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The district is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the district necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. 194 Resolution of Creation of Lighting District 794 Page 3 of 4 Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 794 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of February 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 195 Resolution of Creation of Lighting District 794 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No 2026-XX entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 794 (JARRETT SUBDIVISION PHASE 1); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on February 24, 2026 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 24th day of February 2026. __________________________________ MIKE MAAS City Clerk 196 L1C 590'SOUTH 15TH AVENUES 15°09'19" W 938.88' (R&M)N 01°07'32" E 622.32' (R&M)B L O C K 130'30'35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-60535'35'S 89°19'59" E 128.60' (R&M)Lot 1Lot 10Lot 2Lot 3Lot 4Lot 9Lot 5Lot 8B L O C K 1B L O C K 1B L O C K 1BLOCK 2B L O C K 3Lot 1Lot 2Lot 3Lot 4Lot 7Lot 9Lot 10C 1C 2C 4C6 N 01°07'32" E 1322.42' (R&M)S 89°19'59" E 1232.00' (R&M)Lot 25Lot 43Lot 42Lot 41Lot 40Lot 39Lot 38Lot 37Lot 36Lot 34Lot 35Lot 33OS-1B60'30'30'60'60'30'ALLEYSTREET 'A'2413B L O C K 1035' wide public street andutility easement per Plat J-702A(Dedicated per this plat)35' wide public street & utilityeasement per Doc. No. 2584907(Dedicated per this plat to this line)30' wide public street andutility easement per Plat J-702A(Dedicated per this plat)60' wide public street andutility easement per Plat J-702ALot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9OS-1ALot 10Lot 11Lot 6 Lot 7Lot 11Lot 12Lot 13Lot 14Lot 5 Lot 6Lot 8Lot 11Lot 1210' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasement10' wide utilityeasementLot 12Lot 13Lot 14Lot 16Lot 1560' wide public street andutility easement per Plat J-702A(p/o vacated per this plat)P H A S E ILot 17Lot 18Lot 19Lot 20Lot 21Lot 22Lot 23Lot 24Lot 26Lot 27Lot 28Lot 29Lot 30Lot 31Lot 3260' wide public street andutility easement per Plat J-702A10' wide utilityeasement30' wideP.U.E.30' wideP.U.E.30' wideP.U.E.10' wide utilityeasementARNOLD STREETSOUTH 11th AVENUE(Public street dedicated to Cityper Allison Sub. Ph. 4A and SouthUniversity District Ph 2 Minor Sub, J-605)STAUDAHER STREETSOUTH 11th AVENUE(Public street easement per Doc. No. 2584907)1' No Access Strip alongSouth 11th AvenueSOUTH 13th AVENUE10' wide utilityeasement10' wide utilityeasementLot 1Lot development subjectto further subdivision reviewArea = 286,993 sf6.588 acLot 1Lot development subjectto further subdivision reviewArea = 30,9641 sf7.108 acB L O C K 4, 5 & 6B L O C K 7FUTURE PHASESOUTH 14THAVENUECHINNIE STREETAPPLE BLOSSOM WAYNORTH ALLEY35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Lot 15L=27.85'35' wide public street & utilityeasement per Plat of South UniversityDistrict Phase 2 - J-605Public Park EasementArea = 6.75 acres10' wide utilityeasementLot 2A, Block 10JARRETT SUBDIVISION PHASE IA tract of land being Lot 1 & Lot 2 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref.J-702) & the SE1/4NW1/4 Sec. 24 of C.O.S. 252 & C.O.S. 792 AND Lot 3A of the Amended Plat of Lot 2, Block 7,Allison Subdivision Phase 4A (Plat ref. J-702) & Lot 3 of Amended Plat of Lot 1, Block 9, Allison SubdivisionPhase 4A (Plat ref. J-702) & the SE1/4NW1/4 Sec. 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A) located inthe NE1/4, SE1/4, SW1/4 and NW1/4 of Sec. 24, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, MontanaPROJECT SURVEYOR:DRAWN BY:REVIEWED BY:DATE: 09/25/2025 PROJ. No. MT-020-051-24-525.12-25SHEET OF5MSLMSLJSM525-12 BASE.DWGMERIDIAN LANDSURVEYING, INC.4135 Valley Commons Drive, Suite C, Bozeman MT 59718Phone (406) 624-6565e-mail: office@bozemansurveyor.comENGINEERING895 Technology BoulevardSuite 203, Bozeman MT 59718(406) 586-0262 | (406) 586-5740 FAXwww.wwcengineering.com50' 50' 100' 150'SCALE: 1" = 50'NSEWBASIS OF BEARINGS:Montana State Plane Coordinate System Grid North(NAD83, Single Zone), established throughGPS observations.SHEET INDEX:Sheet 1 - Final Plat - CertificatesSheet 2 - Final Plat - Overall site (1" = 100')Sheet 3 - Final plat - Development lots (1" = 50')Sheet 4 - Conditions of approval (1" = 100')Sheet 5 - Conditions of approval (1" = 50')NOTES:1. Federal, state and local plans, policies, regulations, and/or conditions ofsubdivision approval that may limit the use of the property, including the location,size, and use are shown on the Conditions of Approval sheet.2. Buyers of property should ensure that they have obtained and reviewed allsheets of the plat and all documents recorded and filed in conjunction with theplat and that buyers of property are strongly encouraged to contact the localplanning department and become informed of any limitations on the use of theproperty prior to closing.DRAFT197 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution for the Creation of Special Improvement Lighting District 795 SRX II MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution for the Creation of Special Improvement Lighting District 795 SRX II 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:The Commission did on January 27, 2026, adopt Commission Resolution No. 2026-XX Intent to Create Special Improvement Lighting District 795 SRX II as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the city will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $2.90 per acre within the district or $95.16 annually for the entire district. Attachments: Resolution 2026-XX-Creation of SILD 795.doc Exhibit A.pdf Report compiled on: January 15, 2026 198 Resolution of Creation of Lighting District 795 Page 1 of 4 RESOLUTION 2026-XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 795 SRX II CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Passage of Resolution of Intention. This Commission, on January 13, 2026, adopted Resolution No 2026-XX (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 795 (SRX II) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. 199 Resolution of Creation of Lighting District 795 Page 2 of 4 Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on February 24, 2026, this Commission approved the creation of the district and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The district is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the district necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. 200 Resolution of Creation of Lighting District 795 Page 3 of 4 Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 795 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of February 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 201 Resolution of Creation of Lighting District 795 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No 2026-XX entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 795 (SRX II); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on February 24, 2026 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 24th day of February 2026. __________________________________ MIKE MAAS City Clerk 202 BP BP BP BP B P BP BP BP BP BP BP BP BP BP F TV TV E I II I I S D S D S P P WCO TV TV I I I SP P SDMW XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXCOS S XXXXXXMW MW MW MW MW MW MW MW MW SD SD SDBPBPBPBPBPBPBPBPBPBP BP BP B P W S S S S S S S S SD SD SDSDSDNGNGNGNGNGNGNGNGNGNG S S 4980 4975 49 7 5 497 0 49 7 0 49 6 5 4965 4960 4965 4965 49704970 4970 4970 4970 4965 4970 4975 4980 49 8 5 4980 49 8 0 49 7 5 4970 497049754980 4980 4970 4975 4970 4970 4975 497 5 4975 4980 4980 4980 4980 4980 4980 49 6 5 4970 49754975 4980 49 8 0 49 7 5 4 9 7 0 N89°23'18"E 1282.81' LOT 1 7.26 acs.S0°36'42"E 127.52'S0°36'42"E 313.47'S14°38'53"E 20.62' S8°31'42"E 71.68' S40°46'21"E 79.35' N89°05'06"E 360.91'R =2 5 5 .0 0 'L =116 .4 3 ' Δ =2 6 °0 9 '3 8 " R =3 4 5 .0 0 ' L =1 6 2 .1 9 ' Δ =2 6 °5 6 '0 7 " LOT 1 7.32 acs.N0°41'17"W 587.28'N89°23'18"E 517.01' N0°36'42"W 30.00'N89°23'18"E 760.54'N0°09'06"W 557.30'S0°36'42"E 470.99'S13°25'28"W 20.62' S7°18'17"W 72.13' S89°06'04"W 8.67' S41°05'37"W 82.02' S89°05'06"W 438.01' 60.00' 60.00'R=180.00'L=149.40'Δ=47°33'14"R=120.00'L=99.60'Δ=47°33'14"N0°42'18"W 70.45'S0°42'18"E 70.55'R=120.00'L=99.40'Δ=47°27'38"R=180.00'L=149.10'Δ=47°27'38"N0°36'42"W 224.93'S0°36'42"E 224.93'S89°23'18"W 599.36'180.31'563.75' L=118.08' S46°5 0'56" W 60.01'L=99.60'L=99.40'L=149.10'N46°50' 56" E 60.01' N89°23'18"E 700.06'N0°41'17"W 626.03'659.07' N89°06'04"E 89.81'60.00'S0°42'18"E 2664.08'LOT 2 1.93 acs.S0°36'42"E 233.51'N89°23'18"E 43.97' S0°36'42"E 26.00'S89°23'18"W 201.80' S0°06'50"E 57.84' S89°23'18"W 79.84'N0°36'42"W 181.84'S89°25'43"W 44.15' N0°34'17"W 7.96' S89°23'18"W 83.64'N0°09'06"W 527.88'S89°23'18"W 334.10'S89°23'18"W 365.96' 8S 8S 8S 8S 8S 8S 8S 8S SS 8S8S8S8S8SSSS S S S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8SS 8SS 8S8S8S8W8W8W8W8W8W8W8W8W8W10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W DYH8WB 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8WDYH5060 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W24W24W24W24W24W24W24W24W24W24W24W24W24W24W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 8W 8W8WDYH DYHDYH DYHDYHDYH 8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8WS 8S8S8S8S8S8S8S8S8S 8S 8S8SS S S S S S S S S S S S S S S S S S S S S S S S S SS S S S 18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S18S10S 10S 10S 10S 10S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8S8S8SS S 8S S S S S S S SDSDSDSDSDSDSDSDD D D SDD SDSDSDSDSDSDSDSDSDSDSDSDSD D SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD D D D D D SDSDSDSDD SDD D SD SD D SDD D D SD SD SD BPBPD D D S S S 16014604983.863CS 16014744980.544CS 8015624983.833CS 8015634983.677BO 5368709144983.833CS 5368709154983.677BO CO8003454980.389CO CO8003464982.113CO CO8015654970.969COCO5368709164970.969CO S SD SD SD SDSD SD SD SD SD D D S T SD©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Feb/28/2024 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\5659\021 - SWX North Pre-Plat\ACAD\Survey\PRE-PLAT\5659.021 Pre Plat - DRAFT.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:32 GALLATIN 5659.021 1"=70' 2/28/2024 JW NM MMI 5 EAST2 SOUTH24NW MONTANA PRINCIPAL MERIDIAN, MONTANA SRX - NORTH BEING LOTS 1,2,3, AND 4 OF BLOCK 1 OF MINOR SUBDIVISION No. 494 LOCATED IN THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 70 14035700 SCALE IN FEET PRELIMINARY PLAT OF OWNER SRX II LLC 1450 TWIN LAKES AVE STE 201 BOZEMAN MT, 59718 PURPOSE TO CREATE 3 LOTS, 1 RESTRICTED LOT, AND DEDICATION OF PUBLIC RIGHTS-OF-WAY ZONING CITY OF BOZEMAN REMU AND B2-M BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES - 10' ALONG REAR LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED MID-SECTION CORNER23 24 FOUND BRASS CAP SECTION CORNER FOUND A.C. PER C.C.R.F. 4-484 23 24 2526 FOUND A.C. ON 5/8 INCH REBAR MARKED MERIDIAN LAND SURVEYING, INC. MEASURED DIMENSION(M) RECORDED DIMENSION PER MINOR SUBDIVISION No. 494(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATION FORMC.C.R.F. BLOCK 2 ARNOLD STREET (BY OTHERS) STAUDAHER STREET SOUTH 17TH AVENUESOUTH 15TH AVENUESOUTH 19TH AVENUEWEST GRAF STREET PREVIOU S L O T 1 B L O C K 1 MINOR S U B 4 9 4 PREVIOU S L O T 4 B L O C K 1 MINOR S U B 4 9 4 PREVIOU S L O T 3 B L O C K 1 MINOR S U B 4 9 4 PREVIOU S L O T 2 B L O C K 1 MINOR SU B 4 9 4 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 10 FOOT WIDE PUBLIC SIDEWALK EASEMENT PER MINOR SUB. 494 15 FOOT WIDE DITCH MAINTENANCE EASEMENT PER MINOR SUB. 494 20 FOOT WIDE DITCH MAINTENANCE EASEMENT PER MINOR SUB. 494 STORM DRAINAGE EASEMENT PER MINOR SUB. 494 20 FOOT WIDE DITCH MAINTENANCE EASEMENT PER MINOR SUB. 494 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 P R E V I O U S L O T L I N E PREVIOUS LOT LINEPREVIOUS LOT LINEPREVIOUS LOT LINE PREVIOUS LOT LINEPREVIOUS LOT LINE PREVIOUS LOT LINE PROPOSED WATER, SEWER AND STORM UTILITIES EXISTING WATER AND SEWER UTILITIES LOT 1 BL O C K 2 MINOR S U B 4 9 4 RESTRICTED LOT 1 16.73 ACRES BLOCK 1 STORM WATER EASEMENT AREA 60 FOOT PUBLIC ACCESS AND UTILITY EASEMENT 50 FOOT PUBLIC ACCESS EASEMENT 10 FOOT WIDE DEDICATED ROADWAY PER MINOR SUB. 494 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 10 FOOT WIDE PUBLIC SIDEWALK EASEMENT PER MINOR SUB. 494 10 FOOT WIDE DEDICATED ROADWAY PER MINOR SUB. 494 35 FOOT WIDE DEDICATED ROADWAY PER MINOR SUB. 494 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 30 FOOT WIDE DEDICATED ROADWAY PER MINOR SUB. 494 10 FOOT WIDE PUBLIC UTILITY EASEMENT PER MINOR SUB. 494 TEMPORARY STORM DRAINAGE RETENTION POND EASEMENT PER Doc. No. 2593372 TEMPORARY STORM DRAINAGE RETENTION POND EASEMENT PER Doc. No. 2593371 TEMPORARY STORM DRAINAGE RETENTION POND EASEMENT PER Doc. No. 2593371 30 FOOT WIDE DEDICATED ROADWAY PER MINOR SUB. 494 35 FOOT WIDE PUBLIC STREET AND UTILITY EASEMENT PER PLAT J-605 30' WIDE PUBLIC STREET AND UTILITY EASEMENT PER PLAT J-702A LOTS - 16.51 ACRES RESTRICTED LOTS - 16.73 ACRES RIGHT-OF-WAY - 1.82 ACRES TOTAL - 35.06 ACRES AREA SUMMARY GRAFAPA RT ME NTS L L C LOT 2, BLK 1MINOR SUB 235CALLISON SUBPHASE 4A, LOT 2PLAT J-702ANEX US P OI NT LL C LOT 1 MINOR SUB235BRTR H OL DI N GS II LL C LOT 1, BLOCK 3 SOUTHUNIVERSITY DISTRICTPH 3 P L A T J-695CITY OF BOZEMANCITY PARK 3 SOUTHUNI V E RSI T Y DIST RI C T P H-3PLAT J-695SOUT H 4 0 B O Z E M A N, L L C INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 BON TON INCALLIS O N S U B PHASE 4A, LOT1 PLAT J-702 A SOUT H 4 0 B O Z E M A N, L L C INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 BON TON INCALLISON SUBPHAS E 4 A, L OT 1PLAT J-702ABON TON INCALLISON SUBPHASE 4A, LOT 1PLAT J-702 A GRAFAPARTMENTS LLCLOT 3, BLK 1MINOR SUB 235C60 FOOT WIDE DEDICATED ROADWAY 60 FOOT WIDE DEDICATED ROADWAY 23 24 23 24 2526 PROPOSED WATER AND SEWER UTILITIES PART OF THE SOUTH UNIVERSITY DISTRICT SUBDIVISION BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 1' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 6W 6W FIRE HYDRANT WATER MAIN W/ SIZE DETENTION POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB FUTURE WATER FUTURE WATER BLOCK 2 203 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution of Intent to Modify Special Improvement Lighting District 743 for South University District Phases 1-3 to include lights in Phase 3 Block 3 lot 1A, Block 3 lot 1B and Block 4 Lot MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution / Intent to Modify Special Improvement Lighting District #743 for South University District Phases 1-3 to include lights in Phase 3 Block 3 lot 1A, Block 3 lot 1B and Block 4 Lot 1 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated 204 power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $34.37 per acre within the district or $2,730.17 annually for the entire district. On an average size lot of 427,178.60 square feet the annual estimated cost would be $341.32 payable semiannually. Attachments: Resolution Intent to Modify SILD 743.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: February 12, 2026 205 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 743 (SOUTH UNIVERSITY DISTRICT PHASES 1-3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT TO INCLUDE LIGHTS IN PHASE 3 BLOCK 3 LOT 1A, BLOCK 3 LOT 1B, AND BLOCK 4 LOT 1) TO THIS DISTRICT AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Intention to Modify District; Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, a special improvement lighting district to serve SOUTH UNIVERSITY DISTRICT PHASES 1-3 TO INCLUDE LIGHTS IN PHASE 3 BLOCK 3 LOT 1A, BLOCK 3 LOT 1B, AND BLOCK 4 LOT 1 (the “District”) for the purpose of maintenance and energy costs. The district will pay the maintenance and energy costs for eight (8) Philips Gardco 14” Form 10 Square LED Extruded Luminaires which are 85-watts, mounted on a 35’ single square pole in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard and South 11th Avenue of Phase 1; five (5) Philips Gardco Form 10 LED square arm luminaires which are 96-watts, mounted on a 35’ single square pole mount in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard of Phase 2; five (5) Philips Lumec RoadFocus LED Cobra Head Luminaires which are 108-watts, mounted on a 30’ single pole in a blue textured finish (the “Fixtures”) selected for South 14th Avenue and Student Drive of Phase 2; eleven (11) Cooper Lighting Epic Classic Medium 7 LED LightBARs which 206 are 27-watts, mounted on a 10’ single luminaire pole (the “Fixtures”) selected for State Street of Phase 1; and eight (8) Philips Lumec RoadFocus LED Cobra Head Luminaires which are 72-watts, mounted on a 30’ single pole in a textured hunter green finish (the “Fixtures”) selected for the west side of South 11th Avenue of Phase 2; at the locations shown on Exhibit A (the “Improvements”). Selected for Phase 3 along South 19th Avenue are eight (8) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a mounting height of forty (40) feet on K-KLAD Hunter Green finish over Galvanized pole, the Luminaires are to be Lumec RoadFocus LED with eighty (80) LED’s at 180 Watt’s per luminaire, selected for Phase 3 along Stucky Road, State Street, Kagy Boulevard and South 17th Avenue are twenty-two (22) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a mounting height of thirty (30) feet on K-KLAD Bobcat Blue finish over Galvanized poles, the Luminaires are to be Lumec RoadFocus LED with thirty-two (32) LED’s at 75 Watts per luminaire. The lights selected for the remainder of Phase 3 as shown in Exhibit A, are twenty-five (25) Roadway Evolve ERLC Cobra Head LED Tapered Upsweep Single Arm Luminaire with a mounting height of thirty (30) feet on K-KLAD Bobcat Blue finish over Galvanized poles. The Luminaires are to be Lumec RoadFocus LED’s at 36 Watts per luminaire. The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $2.72 per 14” LED 85-watt fixture for a total of $21.74 per month; $3.07 per 14” LED 96-watt fixture for a total of $15.37 per month; $3.46 per LED Cobra Head 108-watt fixture for a total of $17.29; $.87 per LED Epic Classic 27-watt fixture for a total of $9.52 per month; $2.31 per LED Cobra Head 72-watt fixture for a total $18.48 per month; $2.85 per Medium LED Cobra Head 75-watt fixtures for a total of $62.70 per month; $4.00 per Large LED Cobra Head 180-watt fixtures for a total of $36.00 per month; $1.86 per LED Cobra Head 36-watt fixture for a total of $46.41 per month or a total of $227.51 per month or $2,730.17 annually. Section 2 Number of District. The modified district is known and designated as Special Improvement Lighting District No 743 (South University District Phases 1-3) of the City of Bozeman, Montana. Section 3 207 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $2,730.17, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 79.45 acres, or 3,417,428.80 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $34.37 or $0.000799 per square foot annually. 208 Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $2,730.17, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500.00 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $41.17 per acre, or $0.000945 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the District be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until 209 after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (March 16, 2026) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Tuesday, March 24, 2026 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The Deputy City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on February 28, 2026 and March 7, 2026 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of February 2026. ___________________________________ 210 JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 211 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. XXXX entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 743 (SOUTH UNIVERSITY DISTRICT PHASES 1-3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT TO INCLUDE LIGHTS IN PHASE 3 BLOCK 3 LOT 1A, BLOCK 3 LOT 1B, AND BLOCK 4 LOT 1 FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on February 24, 2026 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 24th day of February 2026. ___________________________________ MIKE MAAS City Clerk 212 INTENT TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 743 (SOUTH UNIVERSITY DISTRICT PHASES 1-3 TO INCLUDE LIGHTS IN PHASE 3 BLOCK 3 LOT 1A, BLOCK 3 LOT 1B, AND BLOCK 4 LOT 1) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 24, 2026 the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution XXXX to modify Special Improvement Lighting District No. 743 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to South University District, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) XXXX is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The District will pay the maintenance and energy costs for eight (8) Philips Gardco 14” Form 10 Square LED Extruded Luminaires which are 85-watts, mounted on a 35’ single square pole in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard and South 11th Avenue of Phase 1; five (5) Philips Gardco Form 10 LED square arm luminaires which are 96-watts, mounted on a 35’ single square pole mount in a Bobcat Blue finish (the “Fixtures”) selected for Campus Boulevard of Phase 2; five (5) Philips Lumec RoadFocus LED Cobra Head Luminaires which are 108-watts, mounted on a 30’ single pole in a blue textured finish (the “Fixtures”) selected for South 14th Avenue and Student Drive of Phase 2; eleven (11) Cooper Lighting Epic Classic Medium 7 LED LightBARs which are 27-watts, mounted on a 10’ single luminaire pole (the “Fixtures”) selected for State Street of Phase 1; and eight (8) Philips Lumec RoadFocus LED Cobra 213 Head Luminaires which are 72-watts, mounted on a 30’ single pole in a textured hunter green finish (the “Fixtures”) selected for the west side of South 11th Avenue of Phase 2; at the locations shown on Exhibit A (the “Improvements”). Selected for Phase 3 along South 19th Avenue are eight (8) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a mounting height of forty (40) feet on K-KLAD Hunter Green finish over Galvanized pole, the Luminaires are to be Lumec RoadFocus LED with eighty (80) LED’s at 180 Watt’s per luminaire, selected for Phase 3 along Stucky Road, State Street, Kagy Boulevard and South 17th Avenue are twenty-two (22) Roadway RTSE Tapered Upsweep Single Arm Luminaire with a mounting height of thirty (30) feet on K- KLAD Bobcat Blue finish over Galvanized poles, the Luminaires are to be Lumec RoadFocus LED with thirty-two (32) LED’s at 75 Watts per luminaire. The lights selected for the remainder of Phase 3 as shown in Exhibit A, are twenty-five (25) Roadway Evolve ERLC Cobra Head LED Tapered Upsweep Single Arm Luminaire with a mounting height of thirty (30) feet on K-KLAD Bobcat Blue finish over Galvanized poles. The Luminaires are to be Lumec RoadFocus LED at 75 Watts per luminaire. The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $2.72 per 14” LED 85-watt fixture for a total of $21.74 per month; $3.07 per 14” LED 96-watt fixture for a total of $15.37 per month; $3.46 per LED Cobra Head 108-watt fixture for a total of $17.29; $.87 per LED Epic Classic 27-watt fixture for a total of $9.52 per month; $2.31 per LED Cobra Head 72-watt fixture for a total $18.48 per month; $2.85 per Medium LED Cobra Head 75-watt fixtures for a total of $62.70 per month; $4.00 per Large LED Cobra Head 180-watt fixtures for a total of $36.00 per month;$1.86 per LED Cobra Head 36-watt fixture for a total of $46.41 per month or a total of $227.51 per month or $2,730.17 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual costs of the Improvements are $2,730.17 for the entire District. The total area of the District to be assessed is 78.45 acres, or 3,417,428.80 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $34.37 or $0.000799 per square foot annually. The annual assessments for costs of the 214 Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500.00 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $41.14 per acre, or $.000945 per square foot. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, March 16, 2026. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, March 24, 2026, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: February 24, 2026 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ MIKE MAAS City Clerk 215 Legal Ad Publication Dates: Saturday, February 28, 2026 Saturday, March 7, 20266 216 COMMISSION RESOLUTION NO XXXX Resolution of Intent to Modify SILD No. 743 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to South University District Phases 1-3 to include lights in Phase 3 Block 3 Lot 1A, Block 3 Lot 1B, and Block 4 Lot 1, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING Mike Maas, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 743 Phases 1-3, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, February 27, 2026, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk 217 STATE STREETSOUTH 17TH AVE KAGY BLVDSOUTH 19TH AVESOUTH 17TH AVESTUCKY RDSOUTH 14TH AVE STUDENT DRIVESOUTH 11TH AVESTUCKY ROADARNOLD STREETSOUTH 11TH AVE SOUTH 14TH AVE SOUTH 17TH AVEARNOLD STREETSOUTH 19TH AVE STUCKY RDY4 Y4Y3 Y3Y3 Y3 Y3 Y4 Y3 Y3 Y3 Y2 Y2 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3P3P3P3 P3P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3 P3 P3 P3 P3P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3P3 P3P3 P3 P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 Y3 P3 P3 Y3 Y3 Y3 Y3 CITY PARK 14.41 ACRESPLAT J-605Tract 3ACOS 2661BTract 1ACOS 2661BLOT 1 "PHASE 2"16.05 ACRESPLAT J-605CITY PARK 29.64 ACRESPLAT J-605LOT 1, BLOCK 1"PHASE 3"8.20 ACRESPLAT J-695CITY PARK 41.83 ACRESPLAT J-695COMMON OPEN SPACELOT 1, BLOCK 1, 0.09 ACPLAT J-695COMMON OPEN SPACELOT 2, BLOCK 1, 0.07 ACPLAT J-695COMMON OPEN SPACELOT 1, BLOCK 2, 0.07 ACPLAT J-695COMMON OPEN SPACELOT 2, BLOCK 2, 0.07 ACPLAT J-695CITY PARK 313.36 ACRESPLAT J-695LOT 1, BLOCK 4"PHASE 3"11.89 ACRESPLAT J-695LOT 1 "PHASE 1"9.82 ACRESPLAT J-518LOT 2 "PHASE 1"6.41 ACRESPLAT J-518YELLOWSTONE THEOLOGICALY4 Y4Y3 Y3Y3 Y3 Y3 Y4 Y3 Y3 Y3 Y2 Y2 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3 Y3P3P3P3 P3P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3 P3 P3 P3 P3P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3P3 P3P3 P3 P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3P3 P3 P3P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 P3 Y3 P3 P3 Y3 Y3 Y3 Y3 EXISTINGTRAILS (TYP)EXISTINGTRAILS (TYP)LOT 1, BLOCK 2"PHASE 3"8.60 ACRESPLAT J-695STUDENT DRIVE BLOCK 3 , LOT 1A8.855 ACRES(385,720.98 SF)BLOCK 3, LOT 1B8.651 ACRES(376,831.13 SF)0SCALE IN FEET300150PROFESSIONALENGINEERS &SURVEYORS1 OF 1UPDATEDSILD 743EXHIBITSUD PHASE 3SOUTH UNIVERSITYDISTRICTSTAHLYENGINEERING& ASSOCIATESRTR HOLDINGS II, LLCSILD BOUNDARYINSTALLED LIGHTINGINSTALLED LIGHTINGFUTURE ROADFUTURE ROADFUTURE ROADFUTURE ROADSILD BOUNDARYSILD BOUNDARYSILD BOUNDARYFUTURE ROAD218 Acct #Phase Blk Lot Sq Ft Acres Owner Owner Address City State Zip 226580 1 1 Ph 1 427,759 9.820 NB Stadium View DST 180 Avendia La Pata San Clemente CA 92673 226570 1 2 Ph 1 279,220 6.410 Arrow II Propco LLC C/O Cardinal Grp Inv Mngment 4100 E Mississippi Ave #1200 Denver CO 80246 248300 2 1 Ph 2 699,138 16.050 Arrow 1 Propco LLc C/O Cardinal Grp Inv Mngment 4100 E Mississippi Ave #1200 Denver CO 80246 3 1 1 357,121 8.198 Alpenglow of Bozeman 13167 County Hwy Chippewa Falls WI 54729 3 2 1 375,487 8.620 CV QOZP Stucky Bozeman LLC 22 Turtle Rock Ct Tiburon CA 94920 3 3 1A 385,724 8.855 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon CA 94920 3 3 1B 375,052 8.610 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon CA 94920 3 4 1 517,928 11.890 RTR Holdings II LLC 22 Turtle Rock Ct Tiburon CA 94920 3,417,428.80 Total Lot Square Footage 78.45337 Total Lot Acreage Exhibit B SOUTH UNIVERSITY DISTRICT 219 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police Anthony Hutchings, Detective Captain SUBJECT:The Story of Unseen Crime MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND: The Bozeman Police Department recognizes it is crucial that the community receive accurate information regarding the types of crimes, the amount of crime, and the severity of crime within the community. Providing this information can help residents keep themselves safe and it highlights the importance of a strong relationship between the department and Bozeman residents. Although community members may notice traffic infractions, code violations, and crimes like disorderly conduct at times, most members do not routinely hear or see about some of the most serious crimes that occur in the City. These kinds of crimes are generally not visible to most community members but can have a severe impact on the victims and those involved. This presentation is intended to provide information regarding some of the most serious crimes that occur in Bozeman- those that often go unseen. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. 220 FISCAL EFFECTS:None. Report compiled on: February 11, 2026 221 Memorandum REPORT TO:City Commission FROM:Erin George, Director of Community Development Brian Krueger, Development Review Manager Zachary Moon, Associate Planner SUBJECT:Consideration of Appeal 25769 Regarding Conditional Approval of Sundance Springs Commercial Lot 2 Site Plan Application Number 25238 MEETING DATE:February 24, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:An appeal has been submitted regarding the administrative decision conditionally approving a Site Plan for the Sundance Springs Commercial Lot 2 application number 25238. The appeal alleges the City of Bozeman’s (City) approval of the applications should be overturned because: (1) the City disregarded a Master Plan document that was part of the files of the original, approved planned unit development which limits development on this lot to 1 one-story building of 5,000 square feet or less that may only be used as a Village Store; (2) the City’s approval violates provisions 38.440.030 (Amendments to Final PUD Plan) and 38.440.050 of the Bozeman Municipal Code (BMC); (3) development guidelines prohibit the placement of parking 222 in setbacks; (4) the site plan violates required block frontage regulations found within division 38.510 BMC; (5) the site plan violates sections of the 1992 BMC regulating business activities regarding the placement of a dining patio, parking aisle width, and parking lot screening; (6) the site plan violates sections of the 2025 BMC regulating the allowable size of restaurants, parking lot screening, the number of perimeter trees, and the snow storage area; and (7) the City’s decision was pretextual. The attached staff report addresses all of Appellant's claims. The staff report explains why the Director's decision conditionally approving application 25769 should be upheld. The staff report explains why the Commission should make findings to correct an error in the Director's analysis regarding site lighting. After making findings, staff recommends the Commission amend the Director's decision conditionally approving application 25238 to include a new condition of approval addressing site lighting standards and the amended conditional approval of application 25238 should be approved. UNRESOLVED ISSUES:None ALTERNATIVES:The Commission may uphold the administrative decision or overturn the administrative decision upon finding the final administrative decision was erroneous and making findings in support. FISCAL EFFECTS:None Attachments: CCRs for Sundance Springs Section II Neighborhood Services Property.pdf Bozeman Municipal Code Sections Relevant to Review of Sundance Springs APA 25769.pdf 25769 Appeal Materials Combined.pdf CORRECTED 051923 ltr to Gallik.pdf Signed Findings_of_Fact_and_Order_Sundance_Springs_Appeal_23214.pdf 25769 FINAL Sundance Springs Appeal Commission Staff Report.pdf Report compiled on: February 19, 2026 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 A. B. C. 1. 2. D. E. F. G. Sec. 38.250.030. - Administrative project decision appeals. An aggrieved person may appeal the final decision of the administrative review authority in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an application must be an appeal on the basis of the information available to the administrative review authority including this chapter, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an administrative decision. This section also applies to decisions by the administrative review authority regarding evasion of the Subdivision and Platting Act per section 38.240.360. Failure to raise an issue during the provided public comment opportunity, in person or in writing, or the failure to provide statements or evidence sufficient to afford the administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party during the time of the public comment opportunity. Appeal procedures. Appeals from administrative review authority to the appellate review authority or the courts are set forth in the various sections of this division 38.250. Appeals are permitted under the provisions of this section in the manner set forth herein. These appeal procedures apply to decisions by an administrative review authority in their actions to administer this chapter. Appeals must be from the administrative review authority to the appellate review authority according to section 38.250.010. Filing of appeal. An appeal must be taken by filing with the department of community development by 5:00 p.m. on the tenth working day following the final decision of the administrative review authority a documented appeal and appeal fee. Upon receipt of the completed appeal the department of community development must inform the administrative review authority from whom the appeal is being made of the submission of the appeal. Appeal contents. In all cases, the complete appeal application must include, and must not be deemed filed until, all of the materials required by section 38.220.140 are submitted. Notice of appeal. Once a complete appeal has been filed and date for consideration of the appeal is set per subsection G below, notice of the appeal must be provided in the same manner as was required for notice of the initial application. The date, time and location for the consideration of the appeal before the appellate review authority must be included in the required notice of the appeal. 2/18/26, 10:32 AM Bozeman, MT Code of Ordinances about:blank 1/2265 H. I. 1. a. b. c. d. e. 2. J. K. Scheduling. Upon receipt of a complete appeal application the city clerk must place the appeal on the regularly scheduled appellate review authority agenda. The appeal must be scheduled for consideration not later than 45 working days of the receipt of a complete appeal. Material. The material to be considered by the review authority must be the record of the project review, including the administrative review authority's decision, in addition to materials that may be submitted during the processing and review of the appeal. Procedure of the appeal. At the consideration of the appeal, the following procedure must be followed: Only arguments and evidence relevant to the application may be presented. The presentation must be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: Explanation of the application and nature of the appeal and presentation by administrative staff; Presentation of position by the appellant and/or representative; If requested, presentation by landowner if landowner is different than the appellant; Presentation by any person who is a proponent or an opponent of the application; and Motion, discussion and vote by the review authority. No person making a presentation may be subject to cross-examination except that members of the appellate review authority and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. Alternative actions available to the appellate body. At the conclusion of the consideration of the appeal, the review authority may uphold, amend, or overturn the administrative project decision. Construction hold. During the time of the appeal all construction must cease and may not commence unless notified in writing to do so by the appellate review authority. 2/18/26, 10:32 AM Bozeman, MT Code of Ordinances about:blank 2/2266 A. 1. a. (1) (2) (3) (4) (5) Sec. 38.540.010. - General provisions. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influence the need for parking. The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. Floor area. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, means 85 percent of the gross floor area, as defined in section 38.700.070 of this chapter. However, at the election of the property owner, floor area means the gross floor area, as defined in section 38.700.080 of this chapter, minus the following: Window display areas; Storage areas; Areas used for incidental repair of equipment used or sold on the premises; Areas occupied by toilets and restrooms, kitchens or break rooms; Areas occupied by public utility facilities; 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 1/3267 (6) (7) (8) (9) b. 2. 3. 4. 5. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; Areas occupied by stairways and elevators; Corridors connecting rooms or suites of rooms; and Enclosed areas used for parking vehicles. Such election must be made in writing to the community development director, must be signed and acknowledged by the owner, and must be filed with the community development director prior to the issuance of a building permit for such building. The owner is also responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. Where applicable, the number of spaces required in section 38.540.050 will be the total of the spaces required for the component activities of certain uses, each calculated separately. Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building construction, an occupancy permit may not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, irrigation, screening, traffic control, etc., must be installed according to the provisions of division 38.270 of this chapter. Stacking of off-street parking spaces. Required parking spaces must be located so as to preclude stacking of off-street parking spaces, with the exception of single-household dwellings and individual townhouse, rowhouse, and multi-household units, and two unit structures with physically separated individual drive aisles. Physical separation is provided when at least one of these options are employed: individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length, is provided between the parking area in the driveway and divides the garage entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more than two vehicles may be stacked within an enclosed parking area. No parking permitted in required front or side setbacks. Required parking spaces may not be located in any required front or side setback, except that detached single-household dwellings and townhouses, and two unit structures with physically separated individual drive 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 2/3268 6. aisles, may have one space located within a driveway area in the required front setback for each parking space located directly in front of the driveway area and outside of the required front setback. Parking is permitted within required rear setbacks. (Ord. No. 2155, § 32, 5-14-2024) 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 3/3269 A. B. 1. 2. a. (1) (2) (3) (4) Sec. 38.550.050. - Mandatory landscape and irrigation provisions. Landscaping required. For all uses in all districts, unless otherwise provided by specific approval, the site must be landscaped as required in this chapter. Landscaped areas and irrigation systems must be perpetually maintained in a healthy and operable condition. Parking lot landscaping. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including drive aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, provided within a building or parking structure, as defined in section 38.700.150 of this chapter. All surface parking lots on the building site must be landscaped in accordance with this subsection C.2. Parking lot screening required All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; All parking lots located between a principal structure and a public street, must be screened from the public street; The screening required under this subsection must be continuous and not less than four feet in width unless a different width is specified in 38.510.030; and Screening must be maintained at a height of four to six feet except as otherwise restricted by fence and hedge height limits within required front setbacks and street vision triangles. Figure 38.550.050.C.2.a Parking lot landscape screening. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 1/7270 b. (1) (2) (3) c. d. e. (1) (2) (3) (4) Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: One large canopy tree; or One large non-canopy tree and one small tree; or Three small trees for each nine parking spaces required or provided. No parking space shall be located more than 70 feet from the trunk of a tree. No tree shall be planted closer than three feet to the back of the curb or edging equivalent. Figure 38.550.050.C.2.d. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: The interior parking lot landscaping must be designed to facilitate, control and denote proper vehicular circulation patterns; Internal parking lot landscaping provided must be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and The minimum width and/or length of any parking lot landscaped area is eight feet. No landscape area may be less than two feet wide. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 2/7271 (5) (6) C. 1. D. 1. a. 2. 3. 4. 5. All parking lots under this subsection must include at least one large canopy or non-canopy tree. Individual internal parking lot landscaping areas with minimum dimensions of six feet by 16 feet must include large canopy or non-canopy tree(s). Internal parking lot landscaped areas are subject to restrictions on the use of overhead spray irrigation. Screening of off-street loading spaces. All off-street loading spaces are subject to sections 38.520.070 and 38.540.080.B. Street frontage landscaping required. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or drive aisles must be landscaped, as defined in this chapter, and must include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. When this requirement conflicts with other requirements of this chapter or other portion of this Code the review authority may relax this standard to reach an optimal balance in public interests. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry department. Street trees must meet the arboricultural specifications and standards of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the forestry department is required. Where it may be impractical or difficult to plant large canopy trees within the public right-of- way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein must be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. Montana Department of Transportation (MDT) review and approval of street frontage landscaping for areas of a project included within or adjacent to rights-of-way subject to MDT jurisdiction must be demonstrated at time of landscape plan submittal to the city. When MDT, in writing, denies street frontage landscaping required by this section the applicant must propose and the director may approve an alternative street frontage landscaping through a departure. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 3/7272 E. F. 1. 2. 3. 4. 5. a. (1) (2) b. (1) (2) c. 6. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Street median island landscaping. All street median islands must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Acceptable landscape materials. Acceptable plant materials are those identified as hardy in Zones 1 through 5a based on the United States Department of Agriculture (USDA) Plant Hardiness Zones. Acceptable plant materials are also outlined in the City of Bozeman Plant List located on the City of Bozeman website, which includes USDA zone hardiness information. Alternatives may be considered upon a case-by- case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species are limited to those approved by the city forestry division. Landscape materials must not exceed water use requirements outlined in the prescriptive and performance-based landscape design approval pathways included in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Adequate soil depth and quality must be installed as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. No artificial plant materials may be used to satisfy the requirements of this division 38.550. Plant materials used to satisfy the requirements of this division 38.550 must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): Large canopy and non-canopy trees must have either: For deciduous trees a minimum caliper of one and one-half inches to two inches; or For evergreen trees a minimum height of eight feet. Small canopy and non-canopy trees must have either: For deciduous trees a minimum caliper of one inch; or For evergreen trees a minimum height of six feet. All other non-turf plantings must meet American Nursery and Landscape Association standards. For purposes of subsection H.5 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 4/7273 G. 1. 2. H. 1. a. b. c. 2. Figure 38.550.050. Dimensions of acceptable landscape materials. Protection of landscape areas. Perimeter parking lot treatment as required in section 38.540.020.J must be installed to protect landscape areas adjacent to parking lots. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. Irrigation standards. Irrigation is required to be provided to all landscaped areas. The review authority may allow areas planted with drought-adapted vegetation that only require irrigation for germination and plant establishment purposes to be irrigated with a temporary irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. The use of hose bibs on the exterior of existing or proposed structures may be used for irrigating landscaped areas adjacent to the existing or proposed structure. All other landscaped areas, that do not fall within subsection a. or b. above, must include a permanent irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 5/7274 K. L. M. 1. 2. 3. 4. N. All irrigation systems and landscaped areas must be designed, constructed, operated and maintained in accordance with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Required use of trees with residential adjacency. All landscape plans must include, for each setback with a residential adjacency, at least one canopy or non-canopy tree for each 50 lineal feet of the adjacent area. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation may planted no closer than the minimum distance specified in the city design standards and specifications policy. When the City verifies it is not possible to meet minimum separation distance from utilities and no other arrangement can be approved, such tree or large vegetation is not required. Maximum allowable slope or grade. The finish grade of all landscaped areas, including, but not limited to, required setbacks, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas adjacent to sidewalks, public trails or pathways, and any stormwater facilities proposed in required setbacks, dedicated parkland, or open space areas may not exceed a slope of 25 percent grade (four run to one rise). The slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to figure 38.550.050). The review authority may vary the maximum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25 percent may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features. All landscaping installed on slopes that meet or exceed 25 percent grade must include adequate erosion control measures to ensure the slope is stabilized. If hydro-seed, groundcovers, or bunchgrasses are utilized, additional erosion control fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established. Legacy planned unit development open spaces. Legacy planned unit development non-site- specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 6/7275 landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. Table 38.550.050-1 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs (Ord. No. 2029, § 4, 12-18-2019; Ord. No. 2104, § 22, 9-27-2022; Ord. No. 2155, § 38, 5-14-2024) 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 7/7276 A. B. C. Sec. 38.570.040. - Site lighting. Parking lot lighting. Table 38.570.040-1 Basic Security Minimum horizontal illuminance in maintained footcandles 0.2 0.5 Minimum vertical illuminance in maintained footcandles 0.1 0.25 Uniformity ratio, maximum: minimum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998. Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) must average 5.0 maintained footcandles. Car dealership lighting. Table 38.570.040-2 Area Maximum Illuminance on Pavement (in Maintained Footcandles) Uniformity Ratio Maximum: minimum Main business districts Adjacent to roadway 10—20 5:01 Other rows 5—10 10:01 1 2 1 2 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 1/4277 D. Entrances 5—10 5:01 Drive aisles 2—3 10:01 Secondary business districts Adjacent to roadway 5—10 5:01 Other rows 2.5—5 10:01 Entrances 2.5—5 5:01 Drive aisles 1—2 10:01 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998. Service station or gas pump area lighting. Table 38.570.040-3 Area Description Average Illuminance on Described Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building façades with dark surroundings 2 Service areas with dark surroundings 2 Landscape highlights with dark surroundings 1 Approach with light surroundings 2 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 2/4278 E. F. 1. 2. 3. G. 1. 2. Driveway with light surroundings 2 Pump island area with light surroundings 10 Building façades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation must be appropriate for the proposed lighting and must be installed per the manufacturer's recommendations. Height must be measured from grade. Except as allowed in sections 38.570.050 and 38.570.070 of this division, light poles for parking lot lighting may not exceed 25 feet. Site lighting installation and maintenance. For new installations, electrical feeds for fixtures mounted on poles must be run underground, not overhead. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. Lighting fixtures and ancillary equipment must be maintained so as always to meet the requirements of this section. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting must comply with the following requirements: All outdoor lighting, whether or not required by this section, must be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 3/4279 3. 4. 5. 6. 7. (1) 8. 9. 10. Except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control must be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may be used only for monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles. Building façade and accent lighting will not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building façade and spillover light is eliminated. Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) may project their output beyond the flagpole. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. Translucent awnings and canopies used for building accents over doors, windows, etc., may not be internally lit (i.e., from underneath or behind). Searchlights, laser source lights or any similar high-intensity light are not permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the review authority. 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 4/4280 Sec. 38.700.110. - L denitions. Landmark. A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in division 38.340 of this chapter, that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark is subject to all neighborhood conservation overlay district procedures and requirements. Landscape architect. A person licensed to practice landscape architecture in the state. Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers. Landscaping. An area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or rooting groundcovers, seed mixes, or other living plants. Large scale wireless facility. A wireless facility 25 feet or greater in height from the base to the highest point including attachments. Examples of supporting structures are monopoles, self-supporting (lattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers may not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown below. Figure 38.700.110-1. Large scale wireless facility. Large shrub. A shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 1/5281 (a) (b) (c) (d) Large tree. A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. Letter of map change. An official response from FEMA upon review of an application to amend or revise the FEMA special flood hazard area or flood insurance study for purposes of flood insurance ratings or flood hazard determinations. FEMA letters of map change include: Letter of map amendment. A letter of determination from FEMA that amends the special flood hazard area where a building or a portion of property is situated upon natural ground that is higher than the base flood elevation and is thus not subject to mandatory flood insurance. Letter of map revision based on fill. A letter of determination from FEMA that revises the special flood hazard area on a property based on the placement of sufficient quantities of fill to elevate the property or portion thereof above the base flood elevation. A building placed on fill must have its lowest floor, including the bottom of a crawlspace, above the base flood elevation to avoid mandatory flood insurance. Letter of map revision—Floodway. A letter of determination from FEMA that revises the special flood hazard where a building or a portion of property is located on natural ground that is higher than the base flood elevation and has been inadvertently located within the regulatory floodway and is thus not subject to mandatory flood insurance. Letter of map revision. An official FEMA revision to the effective flood insurance study and flood insurance rate map incorporating physical changes to the floodplain that alter the base flood elevation and location of special flood hazard areas. Levee. A manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding. Levee system. A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. Level I, II, and III Improvements. See section 38.500.020.B for descriptions. Light construction. Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of division 38.540 of this chapter); construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than five feet; and landscaping (but not including major changes in grading or site surface drainage). 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 2/5282 Light goods repair. Establishments primarily engaged in the provision of repair services to individuals and households as well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment or electronics. Light source. A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. Light trespass. Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. Figure 38.700.110-2. Light trespass. Limited access. A way or means of allowing physical entrance to land at controlled locations or points. A "no access" strip or line may be placed on a plat as a means of limiting access. Limited access roadway. A street or road especially designed for through traffic, over which abutting landowners have no right to direct access. Live-work unit. A single household dwelling unit designed to accommodate ground level commercial uses. The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted non-residential uses may be those that are permitted in the applicable zoning district. Local services. All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 3/5283 A. B. C. D. Lodginghouse. A building with not more than ten guest rooms where lodging with or without meals is provided for compensation to persons not meeting the definitions of household, community residential facility, cooperative household, fraternity or sorority. Also referred to as a boardinghouse. Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more lots are held in common ownership they must be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of this chapter. Lot area. The total horizontal area within the boundary lines of a lot. Lot coverage. The ratio of horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. For the purposes of calculating lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered by a roof. Lot line, front. In the case of an interior lot or a corner lot, a line separating street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the city. Lot line, rear. A lot line which is opposite and most distant from the front lot line, in the case of a corner lot the lot line opposite and most distant from the narrowest front lot line, and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the narrowest front lot line. A lot with street frontage on all boundaries does not have a rear lot line. Lot line, side. Any lot boundary line that is not a front lot line or a rear lot line. Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line. Lot measurements. Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. Lot width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. Lot frontage. All sides of a lot that abuts a street are frontage. On curvilinear streets, the arc between the side lot lines is considered the lot frontage. Lot area. The total horizontal area within the boundary lines of a lot. Lot types. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 4/5284 A. B. C. D. A. 1. 2. 3. 4. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets. Interior lot. A lot other than a corner or through lot. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or non-intersecting streets on which it fronts. Lot width. The distance as measured in a straight line, between property boundaries at the points of intersection with the front setback line along the narrowest street frontage. Lot with residential adjacency. Any of the following: A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; A building site in a non-residential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district; An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; or An artificial lot in a non-residential zoning district, if the lot is less than 200 feet from an R- S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district. Low-profile sign. A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also referred to as a monument sign. Lowest floor. Any floor of a building including a basement used for living purposes, storage, or recreation. This includes any floor that could be converted to such a use. Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts; also called the lighting fixture. Luminance. The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point, and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving, passing through and/or arriving at the surface. Lux. A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle. (Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 3, 4-6-2021; Ord. No. 2155, § 46, 5-14-2024) 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 5/5285 A. A. 1. 2. a. b. c. d. e. B. DIVISION 38.440. - LEGACY PLANNED UNIT DEVELOPMENTS Sec. 38.440.010. - Intent. This division is created to provide for the continued regulation of legacy planned unit development (PUD) approved or deemed adequate prior to October 27, 2022. Prior to October 27, 2022 a PUD was a use approved within an existing zoning district and did not modify the zoning map. This division cannot be applied to property not already within a legacy PUD. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.020. - Final plan review and approval. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 1/4286 1. A. 1. 2. a. b. c. d. e. f. g. h. i. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.030. - Amendments to nal plan. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. Minor changes are defined as follows: Those developments that do not change the character of the development; An increase of less than five percent in the approved number of residential dwelling units; An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; A final plan which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. A ten percent increase or less for landscape irrigation water requirement. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 2/4287 B. A. 1. 2. 3. B. 1. 2. Modifications to approved landscaping plans and other documents to meet water conservation standards established in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Changes greater than minor changes must be processed as a PDZ subject to 38.430. (Ord. No. 2104, § 21, 9-27-2022; Ord. No. 2155, § 26, 5-14-2024) Sec. 38.440.040. - Duration of planned unit development approval. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed. Duration of final plan approval. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re- approval of the same through the preliminary plan procedures. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 3/4288 3. 4. A. B. C. D. E. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.050. - Enforcement of approval requirements and conditions. The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.060. - Removal of property from an approved legacy planned unit development. A property owner may request removal of one or more parcels from a legacy PUD. Such a request for removal must be in writing to the director of community development, must clearly identify the PUD by the city's assigned application number under which the PUD was approved, and must clearly state that the landowner is abandoning all associated rights and privileges due to the PUD. The property owner is not relieved from participating in ongoing maintenance of any facilities from which they benefit. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. The city will review any such application pursuant to division 38.230.150 and may require the applicant to provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PUD or on any organization or entity responsible for providing or maintaining improvements or services to the properties remaining in the PUD. City must determine the abandonment of the PUD does not negatively impact public benefit created by the PUD. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans. (Ord. No. 2104, § 21, 9-27-2022) 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 4/4289 A. 1. 2. 3. B. 1. 2. C. 1. 2. A. DIVISION 38.510. - BLOCK FRONTAGE STANDARDS Sec. 38.510.010. - Introduction. Purpose. To provide standards to implement the growth policy and applicable adopted subarea plans; To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment; and To provide standards that recognize the need for a system of streets and block frontages. Applicability. The provisions of this division apply to all development within Bozeman, except single to four-household dwellings in any configuration. Also: For clarification on the relationship between the provisions in this division and other documents and codes, see section 38.500.020.A. For the application of building additions, remodels and site improvements, see section 38.500.020.B. How to use this division. Block frontage standards for individual properties depend on the zoning designation adjacent that the properties front onto and Community Design Framework map. Take the following steps in using this division: Determine the zoning of your property, then see section 38.510.020 to find the block frontage type designation for the street or streets fronting your property. For properties in residential zones, the standards for landscaped block frontages (see section 38.510.030.C) apply. For properties in industrial zones, see section 38.510.030.H. For properties that front onto multiple streets, see provisions in section 38.510.02.F; and Go to the appropriate code section in this division for the standards applicable to the block frontage type designation. Table 38.510.030.A includes a summary of the five primary street frontage type designations along with links to the appropriate sections, the intention for each block frontage designation, and key design/use provisions. (Ord. No. 2019, § 3, 6-3-2019) Sec. 38.510.020. - Community design framework maps and standards. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide the look and feel of development in commercial and multi-household areas throughout Bozeman when viewed from the street. The provisions herein recognize that there is a hierarchy of different streets and block frontage types ranging from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater flexibility in the design of frontages. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 1/27290 1. 2. 3. 4. 5. B. C. D. E. F. 1. a. b. c. d. 2. a. The block frontage standards address streetfront elements including: Building location and orientation. Parking lot location. Window transparency. Weather protection. Landscaping. The community design framework maps also identify high visibility street corner sites that warrant special design treatment. Ultimately, these "form-based" provisions will help to reinforce existing and desired development patterns intended to implement the growth policy, including adopted neighborhood plans. All block frontages within residential zones are subject to landscaped block frontage provisions set forth in section 38.510.030.C. All block frontages within industrial zones are subject to the provisions of section 38.510.030.H. The default block frontage for new or undesignated streets (such as those within annexed land) in commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in section 38.510.030.D), The block frontage designations apply to development on both sides of the street except where otherwise specified. Multiple frontage situations where a property and building(s) front onto multiple block frontages or internal frontage designations. Where a property fronts onto more than one block frontage, each building must comply with the standards for the block frontage upon which it is located, with the following clarifications: When a building or buildings is located such that it faces and is adjacent to multiple block frontages, the orientation of the front of the building must be sited and placed on the property in the following order of precedence: Streets (all types, see subsection F.2 below). Trail/Park. Special residential or internal roadway (parking areas/lots, block separation corridors). Departures may be considered provided the location and front orientation of the buildings are compatible with the character of the area and enhance the character of the street. When a building(s) is located such that it faces and is adjacent to multiple street block frontages: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 2/27291 (1) (2) (3) (4) (5) b. c. 3. 4. 5. a. b. c. The orientation of the front of the building must be sited and placed on the property in the following order of precedence: Gateway (38.510.030.E). Storefront (38.510.030.B). Landscape (38.510.030.C). Other (38.510.030.G). Departures may be considered provided the location and front orientation of the buildings are compatible with the character of the area and enhance the character of the street. For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block or no more than 120 feet (whichever is more). Each building(s) must address a frontage. All buildings must be placed and designed to present the front and primary facade to the block frontage or street block frontage that is highest in the order of precedence. All buildings on a corner at the intersection of two streets must be placed adjacent to and present a front and primary façade to both street block frontages. Entrances: A publicly accessible entrance must be provided on the front and primary facade unless not required by the block frontage. For buildings on a corner at the intersection of two streets, publicly accessible entrances on both street frontages are encouraged, but only one entrance is required. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 3/27292 d. e. f. 6. 7. a. b. G. H. A. For buildings that front on internal and external block frontages, publicly accessible entrances on both types of block frontages are encouraged, but only one entrance is required. The publicly accessible entrance must be provided on the storefront block frontage if one is provided. For buildings on a corner at the intersection of two streets with a mix of block frontage designations the publicly accessible entrance must be provided on the block frontage according to the order of precedence in subsection 1 above. For buildings on lots or sites that have multiple street block frontages the publicly accessible entrance must be provided on the block frontage according to the order of precedence in subsection 2 above. Buildings that face two streets and meet the primary frontage parking location standards are not required to meet building to parking location percentage frontage standards for subsequent building frontages. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: Corner lots with non-designated frontages (other) on both streets; Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria. Changes to the default block frontage designation for new and existing streets may be made through the Community Design Framework Master Plan per section 38.510.030.L. A reference map of approved community design framework master plans and default block frontages is maintained by the department of community development. The map is a visual representation of the text of this section and is for illustrative purposes only. (Ord. No. 2019, § 4, 6-3-2019) Sec. 38.510.030. - Block frontage standards. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block frontage types. Specific standards for each of the block frontage types are set forth below: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 4/27293 B. 1. Table 38.510.030.A. Summary of block frontage standards. Storefront block frontages. Description/intent. Storefront block frontages are the most vibrant and active shopping and dining areas within the city. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 5/27294 2. Figure 38.510.030.B. Storefront vision and key standards. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.B Storefront block frontage standards Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground oor Land use Non-residential uses specied in 38.310.040, except for lobbies associated with residential or hotel/motel uses on upper oors. Floor to oor height of ground oor 15' minimum (applies to new buildings only). 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 6/27295 Non-residential space depth 20' minimum (applies to new buildings only). Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space (38.520.060.D). Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground oor between 30" and 10' above the sidewalk for primary facades and 40% of ground oor between 30" and 10' above the sidewalk for secondary facades. Display windows may count for up to 50% of the transparency requirement provided they are at least 30" in depth to allow for changeable displays. Tack-on display cases do not qualify as transparent window areas. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 7/27296 3. Weather protection Weather protection with 8- 15' vertical clearance at least 5' in average depth along at least 60% of façade. Retractable awnings may be used to meet these requirements. Parking location Also see division 38.540 of this division for related parking requirements New surface and structured parking areas (ground oor) must be placed to the side or rear of structures and are limited to 60' of street frontage. Provide a 6' minimum buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550. Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buer zone with street trees). Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 8/27297 a. b. c. d. e. C. 1. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Retail space depth. Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; Façade transparency. The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; Weather protection. Other proposed alternative design treatments must provide equivalent weather protection benefits; and Parking location. There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. Sidewalk width. Alternative designs may be considered where topographical challenges exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for full block development. Landscaped block frontages. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk. This designation applies to all new and existing streets in applicable residential districts, plus includes residential based streets and other streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 9/27298 2. Figure 38.510.030.C. Landscaped block frontage vision and key standards. Standards. All development as set forth in section 38.510.010.B on sites containing a landscaped block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.C Landscaped block frontage standards. Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground oor: Land use See Tables 38.310.030-.040 for permitted use details. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 10/27299 Building placement 10' minimum front setback.See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances must be visible and directly accessible from the street. For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Façade transparency For buildings designed with ground level non-residential uses, at least 25% of the ground oor between 4'-8' above the sidewalk. For residential uses, at least 15% of the entire façade (all vertical surfaces generally facing the street). Windows must be provided on all habitable oors of the façade. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area Weather protection Provide weather protection at least 3' deep over primary business and residential entries. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 11/27300 Parking location Also see division 38.540 of this division for related parking requirements Parking must be placed to the side, rear, below or above uses. For single and multi- building developments, surface and structured parking areas (ground oor) are limited to no more than 50% of the street frontage. Private or shared garage entries must occupy no more than 50% of façade width.Provide a 10' minimum buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550 of this chapter. New parking structures must featurelandscaped setbacks at least 10' in width. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 12/27301 Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped, private porch or patio space, and/or pedestrian-oriented space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 13/27302 3. a. b. c. D. 1. Sidewalk width 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where signicant pedestrian trac is anticipated. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Building entrances. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic may warrant some flexibility to this standard (particularly in residential districts); Façade transparency. The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; Parking location. There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated landscaped streets. Mixed block frontages. Description/intent. The mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 14/27303 2. Figure 38.510.030.D. Mixed block frontage options and standards. Standards. All development as set forth in section 38.510.010.B on sites containing a mixed block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth above, with the following modifications (on applicable block frontages): Table 38.510.030.D Mixed block frontage standards. Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above.10' minimum front setback for other buildings, except where greater setbacks are specied in the district per division 38.320. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 15/27304 3. a. Façade transparency Generally, the amount of transparency of façades depends on the use and setback from the street. Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above. Other buildings designed with non- residential uses on the ground oor within 10' of sidewalk, at least 40% of the ground oor between 4'-8' above the ground level surface. Other buildings designed with non- residential uses on the ground oor within 20' of the sidewalk, at least 25% of the ground oor between 4'-8' above the ground level surface. Residential buildings, at least 15% of the entire façade (all vertical surfaces generally facing the street). Windows must be provided on all habitable oors of the façade. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Minimum setback. For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 16/27305 E. 1. 2. Figure 38.510.030.D.4. Stoop examples. Gateway block frontages. Description/intent. The gateway block frontage designation serves strategic areas fronted by highways or other high visibility arterials that feature heavy vehicular traffic, but there is a desire to provide attractive landscaped frontages, limit the extent of visible surface parking, and accommodate the needs of pedestrians. Figure 38.510.030.E. Gateway block frontage vision. Standards. All development as set forth in section 38.510.010.B on sites containing the gateway block frontage designation must comply with the landscaped block frontage provisions as set forth above, with the following modifications: Table 38.510.030.E Gateway frontage standards 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 17/27306 3. F. 1. 2. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement The minimum setback for buildings is 25'. Building entrances At least one (publicly accessible for commercial buildings) building entrances must be visible and directly accessible from the street. Parking location Surface and structured parking must be placed to the side, rear, below or above uses. For multi-building developments, surface and structured parking areas (ground oor) are limited to no more than 60% of the street frontage. Departure criteria. See subsection C.3 of this section for criteria. Internal roadway storefront block frontages. Description/intent. The internal roadway storefront block frontage designation is intended to apply to some existing commercial storefront areas that are located on internal roadways. This designation intends to reinforce and enhance the storefront environment if and when changes occur over time. Standards. Development as set forth in section 38.510.010.B on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with the following modifications: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 18/27307 3. G. 1. 2. Table 38.510.030.F Internal roadway storefront block frontage standards Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Façade transparency At least 50% of ground oor between 30" and 10' above the sidewalk. Landscaping A planting strip with a tree must be integrated along the sidewalk every 50' of lineal frontage on average and must meet requirements outlined in section 38.550.060. Sidewalk width 12' minimum walking surface (landscape planter areas may not be counted in the sidewalk width calculations). Departure criteria. See subsection B.4 of this section for criteria. Other block frontages. Description/intent. All other block frontages in districts that are not designated in Community Design Framework Maps are provided greater flexibility with regard to the design of development frontages. These block frontages include a combination of side streets (where most uses often front on other adjacent streets) and service oriented streets (often characterized by industrial or service types of uses). While there is greater flexibility in the amount of transparency of façades and the location of surface and structured parking, design parameters are included to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city. Standards. All development as set forth in section 38.510.010.B with applicable block frontage designations must comply with standards below: Table 38.510.030.G Other block frontage standards Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 19/27308 Ground oor land use Land use See Tables 38.310.030-.040 for permitted use details. Building placement 10' minimum front setback for buildings.  See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances facing the street are encouraged. At least one building entry visible and directly accessible from the street is required. Where buildings are set back from the street, pedestrian connections are required from the sidewalk. Façade transparency For storefronts, at least 60% of ground oor between 30" and 10' above the sidewalk is required. Other buildings designed with non-residential uses on the ground oor within 10' of sidewalk, at least 30% of the ground oor between 4'-8' above the sidewalk. Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street). Window area that is glazed over or covered in any manner that obscures visibility into the storefront space must not count as transparent window area. Weather protection At least 3' deep over primary business and residential entries. Parking location Also see division 38.540 of this division for related parking requirements There are no parking lot location restrictions, except that a 10' buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550 of this division is required. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 20/27309 3. a. b. H. 1. a. I. Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where signicant pedestrian trac is anticipated. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Minimum setback. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. Façade transparency. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except: Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least ten feet in depth and are required to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provisions. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 21/27310 J. 1. 2. a. b. 3. Trail/park frontages. Where a property fronts onto a park or a public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. For non-residential developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for "other block frontages" set forth in subsection G above, with a minimum building setback of 20 feet from the applicable park/trail right-of-way, easement, or property line. Figure 38.510.030.I. Park/trail frontage examples. Special residential block frontage standards along sidewalks and internal pathways. For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use development, the building must feature at least one of the public/private space transition elements described below. The objective of this standard is to ensure privacy and security for residents, and an attractive and safe pathway that complements the qualities of adjoining residences within a residential complex. Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet deep, measured perpendicular to the building face. (The deck may be recessed into the unit floor plan so that deck does not extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or internal pathway and deck or porch. Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal pathway and the face of the residence. Design options for the front setback: Landscaped area, meeting the provisions of division 38.550. Semi-private patio space screened by a low fence or hedge (see section 38.350.060). 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 22/27311 K. L. 1. a. Raised ground floor. If the residence's ground floor is a minimum of three feet above the grade adjacent to the building, then the landscaped area in option 2 above may be reduced to four feet wide (except where greater setbacks are specified for the applicable zoning district in division 38.320). Other transition design measures that adequately protect the privacy and comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively as options 1 through 3 above. See figure 38.510.030.J below for examples of the above treatments. Figure 38.510.030.J. Acceptable public/private transitional space design between sidewalk or pathways and ground level residential units. Reserved. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed- use properties, as well as strategic large undeveloped sites, necessitate a different approach to applying block frontage standards. The provisions below identify the intent, applicable sites, block frontage designation options, and special standards for developing community design framework master plans. Intent. To provide a thoughtful and fair process to plan for the development of large and new commercial and mixed-use sites consistent with Bozeman's growth policy. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 23/27312 b. c. 2. a. b. 3. a. (1) (2) (3) (4) (5) b. c. 4. To promote an arrangement of streets, buildings, open space, parking and service areas that create a strong sense of community and enhance the character of Bozeman. To avoid uncoordinated patterns of development that waste valuable land, compromise vehicular and pedestrian access, and degrade the character of Bozeman. Applicable sites. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not addressed in the community design framework maps. Block frontage designation options. Prior to development of applicable sites, a community design framework master plan must be developed, approved and recorded for the property per the procedures set forth in section 38.230.130. The master plans must include: New streets and internal roadways along with block frontage designations (types included in this section). Any designated high visibility street corners. Any planned open spaces, trails, and shared use paths. Any special phasing conditions. Other special design conditions unique to the site and plan that must be implemented with future site plan development. Community design framework master plans may utilize any existing block frontage designations that border the site, or include an alternative block frontage designation type or types, subject to master plan approval. Alternatively, site plan development may occur on applicable sites without an approved and recorded community design framework master plan, provided all block frontages comply with the standards for mixed block frontages as set forth in subsection D of this section. Master plan design standards. Community design framework master plans must meet the intent as set forth above plus the following parameters for specific sites: Table 38.510.030.L Community design framework master plan design standards The provisions below are intended to guide the design of individual community design framework master plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they comply with the provisions herein. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 24/27313 5. M. 1. All Sites • Congure site to create a pedestrian-oriented focal point. Such a focal point could be a main street (storefront), a central square surrounded by storefronts or other similar elements. • Larger sites have greater expectations in the amount of storefront designated frontages. • Goals, policies and concepts from adopted plans must be used to help determine compliance with these standards. Figure 38.510.030.L. Development examples. Community design framework master plans are subject to the application requirements and procedures set forth in section 38.230.130. Structured parking facility development standards. All above ground structured parking facilities must conform to the design standards herein and the designated block frontage in section 38.510.030. In the event of a conflict between block frontage standards and the standards of this section, the standards of this section will govern. Exceptions: [7] 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 25/27314 a. b. 2. a. (1) (2) b. c. d. e. f. (1) (2) Single-household dwellings and individual townhouse and multi-household units with physically separated individual drive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area; or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of division 38.340 or related standards in this section. Building standards. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at the street level with an active use. Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of habitable and conditioned space as defined by the most currently adopted IBC. In all districts, commercial space depth will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted commercial uses. In all districts, residential active use areas must be 12 feet in depth, except for riser room, trash areas and other functional uses that must face the street. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor-to-floor height of 15 feet. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into the building. This requirement applies to both frontages of a building located on a corner lot. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 26/27315 g. h. i. j. k. l. m. Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. Buildings must be oriented to the adjacent public or private street. If an alley is adjacent to site, access must be taken from that alley. Access to a street may be considered by the review authority. A pedestrian safety plan is required for all parking facilities with more than 100 parking spaces and must be reviewed and approved by the city engineer. The city engineer may request a pedestrian safety plan for parking facilities with less than 100 parking spaces. Parking entrance(s) may not account for more than 25 percent of entire building façade. Parking entrance(s) must not be located central to the building façade. (Order No. 2018-01, § 15, 4-18-2018; Ord. No. 2014, § 12, 6-3-2019; Ord. No. 2062, §§ 3, 4, 11-16-2021; Ord. No. 2155, § 28, 5-14-2024) Footnotes: --- (7) --- Editor's note— See the editor's note to § 38.540.030. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 27/27316 APA A DMINISTRATIVE PROJECT DECISION APPEAL APA APPLICATION PROCEDURE Administrative Project Decision Appeals may be made pursuant to Bozeman Municipal Code section 38.250.030. The filing of the appeal must be received by 5:00pm on the tenth working day following the final decision of the administrative review authority. This application must be submitted with the fee to: Community Development; 20 East Olive St., Bozeman, MT 59715. The Public Counter staff MUST be present to accept application. APA APPLICATION CHECKLIST 1.Create and submit a Planning application using the ProjectDox portal; After completing your Development Review Application, you will receive a Notification Letter (example) via email. Please download this document to upload as a PDF to the “Documents” folder in ProjectDox. **An appellant need not obtain the signature of the property owner (as directed on the Notification Letter)** 2.Document sizing. For instructions on recommended document sizes and types, refer to our Development Center Website; 3.Naming protocol. All files should be numbered and named according to their order listed on your provided Submittal Checklist. File names should start with a 3 digit numeric value (001, 002, etc.) followed by the document name. The numeric value at the beginning of the file name ensures the order in which they are displayed. Refer to our Quick Guide for additional information; 4.Name and address of the appellant; 5.The legal description and street address of the property involved in the appeal; 6.A description of the project, including the project number, that is the subject of the appeal; 7.Evidence that the appellant is an aggrieved person as defined in section 38.700.020; 8.The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the administrative review authority. A public notice period is required for any Administrative Project Decision Appeal. 1.Completed and signed Noticing Checklist (N1) and Noticing Instructions and Declaration Form (N2.) **The City will work with the property owner to complete the notice that must be posted on the site; the appellant must complete the required notice by mail** APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in annually. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning APA Checklist Page 1 of 1 Revision Date: November 2021 NOTICING Required Forms Noticing Checklist (N1); Noticing Instructions & Declaration Form (N2) 317 BOZEMANMT Planning Division Submitted Date: 12-18-2025 11:39 AM DEVELOPMENT REVIEW APPLICATION Remember to obtain owner signature on this form prior to uploading with the rest of your submittal PROJECT INFORMATION Project Name:Appeal of Application #25238 Project Type(s):Administrative Project Decision Appeal APA Street Address:675 LITTLE HORSE Legal Description: Sundance Springs Phase 1B Comm Lot 2, S25, T02S, R05E Plat J-257 Description of Project: Mixed Current Zoning:B-1 Neighborhood Business District Existing Use:Undeveloped Proposed Use:Commercial Gross Lot Area:56600 Number of New Buildings:2 Type and Number of Dwellings:0 Building Size (SF):9950 Non-Residential Building Size (SF):9950 Building Height (ft):32 Affordable Housing (Y/N): Departure/Deviation Request (Y/N):No Zoning Verification Expedited (Y/N):No Wetlands Activity (Y/N):Yes Traffic Study or Waiver:N/A - Application is not a Master Site Plan, Site Plan, Subdivision, or Planned Development Zone.Is there a pre-application pertaining to this project?: Project Name and Project Number: PROPERTY OWNER Company Name:406 Coal Blowers Name:Michael Schreiner, III Full Address:PO Box 370, Bozeman, MT 59771 Email:michael@westernmountaininvestments.com Phone:4065805624 318 APPLICANT Company Name:Geoffrey Poole and Tim and Nancy Swanson Name:Geoffrey Poole Full Address:3772 Alder Creek Drive , Bozeman, Montana 59715 Email:gpoole@eco-metrics.com Phone:4069945564 REPRESENTATIVE Company Name:Geoffrey Poole and Tim and Nancy Swanson Name:Geoffrey Poole Full Address:3772 Alder Creek Drive , Bozeman, Montana 59715 Email:gpoole@eco-metrics.com Phone:4069945564 CERTIFICATIONS AND SIGNATURES Applicant signature is captured electronically at time of application submittal. This application PDF must also be signed by the property owner(s) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. The applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approved final plan may result in delays of pccupancy or costs to correct noncompliance. Property Owner Signature: Printed Name:Michael Schreiner, III CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 Bozemn, MT 59715 planning@bozeman.net www.bozeman.net/planning 319 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Names and addresses of appellants: Tim Swanson 375 Peace Pipe Drive Bozeman MT 59715 Nancy Swanson 375 Peace Pipe Drive Bozeman MT 59715 Geoffrey Poole 3772 Ellis View Loop Bozeman, MT 59715 320 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Address and Legal Description of property involved: 1.31-acre lot at the corner of South 3rd Avenue and Little Horse Drive. Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257 Project description subject to appeal: Site Plan #25238 Two buildings with second-floor offices and ground-level grocery/retail/restaurant space and extensive outdoor patio space. 321 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Evidence of aggrieved persons Tim and Nancy Swanson are residents of the Sundance Springs subdivision, of which the subject property (Site Plan #25238) is a part. The Development Guidelines and Master Plan of the Sundance Springs PUD govern their residence and the subject property. The live within sight and earshot of the proposed development and purchased their home with the expectation that the city and any development on the subject property would be bound by the terms of the PUD and the Chapter 38 of the BMC, both of which are violated by Site Plan #25238. Geoffrey Poole is a neighbor of the proposed development and lives within 200 ft of the subject property. Chapter 38 of the BMC implicitly recognizes the potential impact the subject property on his residence by requiring him to be noticed for development activities. His deck overlooks the site and he purchased his property understanding the limits imposed by the Sundance Springs PUD on the subject property. He has been in dialog with the developer for more than three years, asking for changes to the site plan to reduce impacts on the peaceful use of his residence as required by the PUD. The City’s and the developer’s failure to comply with the terms of the PUD and and BMC will impact the peaceful enjoyment of his home. The Swansons and Mr. Poole have been involved actively in reviewing and commenting on the application, both individually and through public comments. Those letters and comments set forth the specific impact that this project will have on them, as well as establish their involvement in commenting on the process. As such, they are aggrieved parties under BMC 38.250.030 (A), 38.700.030, and § 76-2-327 (1), MCA. 322 Basis of Appeal Appeal of Approval of Site Plan #25238 December 18, 2025 Appellants: Tim and Nancy Swanson and Geoffrey Poole Contents 1. “Summary provides a conceptual overview; 2. “Primer on the Sundance Springs PUD” provides a brief background on PUDs in general and the Sundance Springs phased PUD in specific; 3. “Appellant’s Position” examines the 1992 Zoning Code, the 1996 Commission order creating the PUD, and the current BMC, revealing how the current Municipal Code enforces of the terms of the PUD’s Master Plan and Development Guidelines; 4. “Analysis of the Approval Letter” shows that the review of #25238 is incomplete because it improperly applied the current Block Frontage Standards, did not apply all requirements of the Development Guidelines, failed to provide a statutory justification for setting aside the PUD’s Master Plan, provided incomplete response to public comment, and was silent on relevant requirements of the current BMC raised during public comment; 5. “Summary of non-compliance” provides a summary table of requirements that are not met by Application #25238; 6. “The Character of the Development” highlights how BMC 38.440.030 precludes approval of #25238 even if the Appellant’s Position is entirely incorrect. 7. “Was the Review Pretextual?” describes the hallmarks of pretextual review in the Approval Letter and asks whether the review of #25238 was proper. 8. “We ask the Commission to Act” contains a summary of the specific bases upon which we ask that the approval of #25238 be overturned. 1 Summary Application #25238 is a proposed Site Plan for commercial development on Commercial Lot #2 of the Sundance Spring subdivision. Development on the site is governed by the current Bozeman Municipal Code (BMC). BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050 each require the City to enforce the terms of the Sundance Spring PUD during review of any Site Plan application on the lot. We are appealing the approval of Application #25238 on the grounds that the review outlined in the Letter of Approval was incomplete and may have been improper. We will show that the 1 323 review was incomplete because the current Bozeman Municipal Code (BMC) requires enforcement of the following requirements, none of which are fully satisfied by the Letter of Approval: •the current Block Frontage Standards; •the terms of the Sundance Springs PUD Development Guidelines; •the conditions shown on the Sundance Springs PUD Master Plan; •requirements for lots with Residential Adjacency We also believe that the review described in the Letter of Approval could be rejected as improper and the approval of #25238 overturned if the Commission were to find that the review was pretex- tual. Pretextual review occurs when an administrative body reaches a predetermined outcome and constructs justifications afterward. 2 Primer on the Sundance Spring PUD Documents NOTE:We use the phrase “Terms of the PUD” to refer generically to the requirements imposed on the subdivision by the PUD, whether as organized within the Approved Preliminary Plan or within the Approved Final Plan. See below. 2.1 Approved Preliminary Plan vs. Approved Final Plan When an application to create a PUD was submitted to and approved by the City, the submitted application became an “Approved Plan.” There were two required applications. The Preliminary Application became the “Approved Preliminary Plan” and the Final Application became the “Ap- proved Final Plan.” Both Approved Plans: •contained a Master Plan and Development Guidelines (Preliminary vs. Final); •included the Commission’s Conditions of Approval; •imposed the same restrictions on development in the subdivision. The differences between the two plans were the review authority and the integration of the Condi- tions of Approval. Plan Document Review Authority Conditions of Approval Approved Preliminary Plan Z-95125 Commission Attached separately Approved Final Plan Z-9812 DRB Integrated Document Z-95125 was the Sundance Springs PUD Preliminary Application. When combined with the Conditions of Approval, it formed the Approved Preliminary Plan. Document Z-9812 was the Sundance Springs PUD Final Application. It integrated the terms of Z-95125 with the Commission’s Conditions of Approval in a single document. When it was approved in 1998, it became the “Approved Final Plan.” 2 324 2.2 Missing Documents and the Status of the Record In a letter dated May 19, 2023 from the City Attorney to Brian Gallik, the City Attorney acknowl- edged that the entirety of document Z-9812 has been lost, and thus, the official record of the Final Master Plan and Development Guidelines is missing. A “working file” for Z-9812 survives. The Approved Final Plan is a legal basis for review of development in the Sundance Springs Subdivision (BMC 38.440.030). Because it is missing, the City has identified substitute documents for Z-9812 to allow review to proceed. The Feb 27, 2024 meeting of the City Commission was the hearing for our prior appeal of Site Plan #22047. Included in the “Commissioner’s packet” for that meeting is a “Commissioner’s Memo” from the Director of Community Development. Page 11: An official, stamped copy of the Master Plan exists in the City’s working file for the Final PUD (file Z-9812) and the development guidelines are incorporated into the property owners’ association Covenants. The Commission accepted this substitution, ruling: “The City had sufficient documents within the surviving record to evaluate site plan application 22047.” Therefore, the terms of the PUD’s Final Master Plan are shown on the Master Plan Map from the working file of Z-9812. The Commercial Covenants are the Final Development Guidelines. Combined, these documents constitute the terms of the “Approved Final Plan.” 3 Appellant’s Position We maintain that, by statute and by order of the City Commission, all terms of the PUD’s De- velopment Guidelines and the conditions shown on the PUD’s Master Plan must be enforced. Our position arises from examining the Municipal Code and the 1996 Commission order to answer four fundamental questions not addressed in the Approval Letter for #25238: 1. What is the statutory purpose of the Master Plan and Development Guidelines in a 1996-era phased PUD? 2. What did the Commission order when it created the Sundance Springs PUD? 3. How does the current Municipal Code enforce the requirements of legacy PUDs? 3.1 Question 1: What is the statutory purpose of the Master Plan and Devel- opment Guidelines in a 1996-era phased PUD? Answer:The statutory purpose of the Master Plan and Development Guidelines was to provide “sufficient detail” to support a finding that the proposed PUD could be approved if the subdivision is developed according to said detail. Evidence:1992 BMC 18.54.080.D “Phased PUD Submittal Requirements” required that applica- tions for phased PUDs have a Master Plan and Development Guidelines. No other element was required. 1992 BMC 18.54.100 “PUD Design Objectives and Criteria” presented a collection of “PUD review criteria.” Each criterion is framed as a Yes or No question. The Sundance Springs PUD was reviewed against 54 criteria. 1992 BMC 18.54.100.C states: 3 325 “A NO response to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a variance is granted by the City Commission.” 1992 BMC 18.54.080.C (1992) “Phased PUD Approval Process” stated: In those cases where the Master Plans and Development Guidelines are proposed to govern the development of the future phases of the PUD, the City Commission must determine that the proposed Master Plan and Development Guidelines are pro- vided in sufficient detail to support a finding that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved Master Plan and Development Guidelines. [Emphases added.] The first bolded phrase defines the purpose: to provide sufficient detail to enable approval. The second bolded phrase shows that a finding of compliance with the PUD approval criteria must presume that the subdivision will be “developed in accordance with the Master Plan and Development Guidelines.” 3.2 Question 2: What did the Commission order when creating the Sundance Springs PUD? Answer:The Commission ordered compliance with the contents of document Z-95125 and the associated Conditions of Approval. Evidence: The Commission’s Finding of Fact and Order dated January 22, 1996 created the Sun- dance Springs PUD. Pages 8–9 of that document state: ORDER: [T]he Bozeman City Commission found that the proposed Zoning Planned Unit Development for application Z-95125 ...and Preliminary Subdivision ap- plication P-9539 ...could comply with [all approval criteria] if certain conditions are imposed on the project. The evidence that justifies the conditions is that the subdi- vision must comply with the above-referenced documents, and adverse impacts created by the subdivision, which require mitigation, justify the imposition of the condi- tions below. THEREFORE, IT IS HEREBY ORDERED that the subject development be approved, subject to the conditions listed below. [Bold emphasis added.] Z-95125 was the PUD application containing the Preliminary Master Plan and Preliminary Development Guidelines. The Commission made no carve-out allowing any contents of Z-95125 to be declared optional during subsequent development review within the subdivision. 3.3 Question 3: How does the 2025 Municipal Code enforce the Terms of the PUD? Answer:BMC 38.440.030 and BMC 38.440.050 in the current Municipal Code both require com- pliance with all Terms of this pre-existing PUD. Evidence:BMC 38.440.030 states: Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval.No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of [minor changes]. [Emphasis added.] 4 326 BMC 38.440.050 states: The failure to comply with any of the terms, conditions of approval or limitations con- tained on ...approved documents or other element[s] pertaining to a planned unit de- velopment which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. Where the requirements of the PUD conflict with those of the current Municipal Code, the more restrictive requirement applies. BMC 38.100.050.A. 3.4 The Master Plan and Development Guidelines are Binding The Municipal Code and the Commission’s order work together to create a logical, cohesive reg- ulatory framework linking review of the detail contained in the Master Plan and Development Guidelines to approval and enforcement of that detail: •Requirements:the Master Plan and Development Guidelines provide detail describing the proposed terms of the PUD (1992 BMC 18.54.080.C); •Review criteria:detail enables evaluation of approval criteria (1992 BMC 18.54.100); •Approval:successful evaluation enables approval of the PUD (1992 BMC 18.54.080.C); •Compliance:the detail that justified the approval governs development. (Commission’s 1996 order; 2025 BMC 38.440.030; 2025 BMC 38.440.050) Each step depends on the prior steps. By enforcing the details that justified the approval, the PUD ensures that the subdivision manifests both the requirements of the approval criteria and the intent of the City Commission in ordering compliance with Z-95125. 4 The Approval Letter Ignores Key Requirements of the Commis- sion’s 2024 Order The Approval Letter fails to enforce two key provisions of the Development Guidelines that were ordered to be enforced by the City Commission in 1996 and 2024, and which are enforced under current BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050. 4.1 Setback Encroachment by Parking is Prohibited The City Commission has ruled that the Development Guidelines must be enforced. The PUD’s Development Guidelines expressly and explicitly prohibit improvements in the setbacks. Application #25238 shows a parking lot in the setbacks. 8.3.c Buildable Area. Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District. All construction other than landscaping improvements shall be limited to this buildable area. 5 327 4.2 The Proposed Configuration Has Twice Before Been Rejected by the City Application #25238 proposes the same configuration of buildings and parking lots that was flagged as non-compliant during the 2020 Concept Review and rejected by the Commission during our last appeal. 1. The east building fails to address a trail frontage in violation of BMC 38.510.020.F.1; 2. The west building presents its primary facade to the parking lot in violation of BMC 38.510.020.F.1; 3. The parking lots line adjacent trail frontages, degrading the walking environment on the trail system, in violation of 38.510.010.A.2. The Commission has already ruled that this building and parking layout would require departure from the Block Frontage Standards but is ineligible. Their Findings of Fact stated: “The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved.” Commissioner Fischer explained his vote: “I disagree with city findings on the block frontage variances or departures. On the block frontage, it appears to me that the buildings are just incompatible with the existing and adjacent residential land use and that the effort to apply these departures is really an effort to make the building work on a lot that doesn’t accommodate such development. I find that the comfortable walking environment that was cited in several spots is contingent on land the developer does not own, and I question the primary beneficiaries of these departures. Are they the neighbors or are they the patrons of the businesses?” Mayor Cunningham explained his vote: “The site will not accommodate the intention of the developer without an exception. It looks to me like this site needs to be manipulated in a way that requires a departure in order to accomplish their vision.” The relevant requirements of the block frontage standards have not changed since our last appeal. The Approval Letter provides no rationale for approving the building configuration found non-compliant during Concept Review and by the Commission. The Approval Letter assesses only the west building against the Block Frontage Standards. The analysis is incomplete. BMC 38.510.020.F.1 requires that the “front and primary facade” face Little Horse Drive. The Approval Letter notes that “an entrance” faces Little Horse Drive. The Approval Letter states several times that this is a “shell building.” As such, the entrance is a side entrance, located on the short axis of the building, and serving only one of the four business spaces. The long axis of the building, with the main entrance—accessing the atrium, stairs, elevator, restrooms, and all four business spaces—faces the parking lot and is therefore in violation of BMC 38.510.020.F.1. The Approval Letter is silent on the fact that the east building must address the trail and makes no analysis of the building against the Block Frontage Standards. The Letter is silent on Development Guideline 8.3.c and does not comply with the Commission’s ruling regarding the Block Frontage Standards. It is silent on the requirements of BMC 38.510. 6 328 5 Analysis of the Approval Letter 5.1 Are the Requirements of the 1992 Code Binding? Appellant’s Position: Yes.The plain text of the Development Guidelines states that the re- quirements of the 1992 Zoning Code are incorporated by reference. “The Covenants detail how the Neighborhood Services Property within the Sundance Springs Subdivision are to be developed and maintained beyond the minimum re- quirements of the Bozeman Zoning Code which exists at the date of the execution of this document.” The 1992 Zoning Code was in effect when document was executed. When there are conflicts be- tween the current BMC and the 1992 Zoning Code, the most restrictive applies, per BMC 38.100.050. Finally, the 2020 Concept Review for the project indicated that the requirements of 1992 Zoning Code applied in addition to the then-current Municipal Code. At the time, the senior planner who conducted the Concept Review had access to the now-missing PUD Approved Final Plan and based the review on that document. Approval Letter’s Position: No.Although the Commission’s 2024 ruling ordered enforcement of the Development Guidelines, it also ordered that the 2025 Municipal Code be the basis for review. Therefore, when the Development Guidelines references the 1992 “Bozeman Zone Code for Neighborhood Services (B-1)” the current B-1 standard must be substituted in its place. Approval Letter’s Fallacy:The Commission’s 2024 findings established the current code as the standard of review (“the rulebook”). It made no order that some requirements in that rulebook could be ignored. The Approval Letter offers a false dichotomy: that the City must enforce either the requirements (rules) of the 1992 Code or the requirements (rules) of the current Municipal Code. This dichotomy is false because the rule book can (and does) impose the “rules” of the 1992 standard and the current standard. Within the mandated rulebook (the current code), BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050 require the City to consider and apply the requirements (the “rules”) of the current code, the PUD, and the 1992 Zoning Code. When any requirements conflict, the most restrictive must be applied. The Approval Letter is silent on the clear language of the Development Guidelines that incorpo- rates the 1992 Zoning requirements by reference. The Approval Letter is silent on BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050. The substitution of the current B-1 standard for the 1992 B-1 standard is unnecessary and is a direct violation of the Development Guidelines. 5.2 Are the Terms of the Master Plan Binding? Appellant’s Position: Yes.See “Appellant’s Position.” Approval Letter’s Position: No.The Master Plan is “idealistic” and “grants no entitlement nor restriction,” offering no statutory rationale for this conclusion. The Approval Letter offers the following response to public comment regarding the Master Plan: 1. “There may be some confusion between application types, as many of the comments reference code sections related to Master Site Plan Applications.” 7 329 2. “During the discussion of appeal 23214 and in its Findings of Fact on appeal 23214, the City Commission did not address appellants’ assertion that only one building of 5,000 square feet or less could be constructed and that the only allowed use was the village store depicted in the Master Plan. No Commissioner cited the Master Plan as rationale for supporting their findings.” Approval Letter’s Fallacy:The Approval Letter relies on dogma—assertions from a place of authority without regard to evidence—to conclude that the Master Plan imposes no constraint on development. The Approval Letter makes no reference to the Municipal Code nor any order of the City Commission in support of the assertion that the Master Plan is “idealistic.” Further, the Montana Supreme Court has ruled that approved planning documents cannot be treated as optional.Heffernan v. Missoula City Council, 2011 MT 91, P77.1 The responses to public comment do not address the issues at hand. By focusing attention on public comment that is less substantive, the Approval Letter avoids engagement with public comment that is more substantive. By focusing on the lack of a ruling in 2024 regarding the Master Plan, the Approval Letter diverts attention from the fact that the Commission did rule on the Master Plan in 1996, mandating compliance with Z-95125 and the PUD’s conditions of approval. Z-95125 contained the Preliminary Master Plan. Condition of Approval #29 mandated that “proposed uses” be added to the Preliminary Master Plan. Every aspect of the PUD went from “proposed” to “approved” when the Final PUD Application was granted Final Approval. Thus, the “proposed uses” mandated by the Commission are now “approved uses.” The Approval Letter does not acknowledge this fact. The Approval Letter is silent on BMC 38.440.030 and BMC 38.440.050 which both require adherence to all terms of a PUD, including the Master Plan. The Approval Letter is also silent on the existence of the “official stamped copy of the Master Plan” contained in the working file of Z-9812 (See Primer on the Sundance Spring PUD Documents). As an element of the Approved Final Plan, the Master Plan is required for review (BMC 38.440.030); its terms cannot become optional during review. The Master Plan shows a single, one-story building, centrally located on Commercial Lot 2 with the designated use as a “Village Store.” 5.3 Does the Property Have Residential Adjacency? Appellant’s Position: Yes.Appellant Poole raised in public comment the issue of residential adjacency: “The lot abuts R-S zoning to the north, east, and southeast, and therefore meets the definition of a ‘lot with residential adjacency’ under BMC 38.700.110.L.” BMC 38.700.110.L defines the term “Lot with Residential Adjacency” as a lot abutting residential zoning. The parcels to the north, east, and southeast are zoned R-S. Approval Letter’s Position: No.The Approval Letter states: “This site is wholly surrounded by open space on all property bounds, except the frontage along Little Horse Drive. The open space surrounding the rest of the property maintains a 1“The City and MAR advocate a standard of compliance that is minimal to the point of being nonexistent. They would have growth policies be treated as merely advisory or inspirational documents that the governing body may, in its ‘full discretion,’ disregard. This approach would undercut the value of growth policies and squander the substantial resources that are expended in developing them. Growth policies would become what the Planning Board member in the present case thought they were: a waste of people’s time.” 8 330 parks and open space use, which is not a residential use. Therefore, there is no residential adjacency to apply to this site.” Approval Letter’s Fallacy:“Residential Adjacency” has a specific definition in the current Mu- nicipal Code, which is based on the adjacent zoning. The Approval Letter substitutes “adjacent use” (open space) for “adjacent zoning” (R-S). The distinction matters: the code ensures that screening requirements cannot be evaded by the happenstance of what use exists today on adjacently zoned land. Application #25238 proposes development on a lot that abuts R-S zoning. Therefore, the lot has Residential Adjacency under the current Municipal Code. 6 Summary of Non-compliance Under the current Municipal Code, all of the following are true: 1) the requirements of the 1992 Zoning are enforced by the Development Guidelines, 2) the conditions shown on the Master Plan are binding, 3) the lot has Residential Adjacency, and 4) the Block Frontage Standards must be enforced. The following table summarizes the numerous violations of these requirements. It is grouped by the source of the violation—Master Plan, Block Frontage Standards, etc.—generally the most egregious violations are at the top of the table. 6.1 Master Plan Violations Requirement Proposed Limit/Issue Violates Number of Buildings Two buildings One building Master Plan Number of Stories Two-story buildings One story Master Plan Leasable Floor Area ∼10,000 sq ft 5,000 sq ft Master Plan Building Location East side of lot Central Location BMC 38.440.030.A Building Design Restrnt, office, gym Village Store Master Plan Outdoor Patio 800+ sq ft patio Not on Master Plan BMC 38.440.030.A 6.2 Block Frontage Violations (2025 Code) Requirement Proposed Limit/Issue Violates Frontages Address Parking Lot Must address trail BMC 38.510.020.F.1 Primary Facade To Parking Lot To Little Horse Dr BMC 38.510.020.F.3 Parking Location Along trail frontages Not along Frontages BMC 38.510.010.A.2 Parking Screen Width 4-foot with berm 10-foot wide screening Table 38.510.030.C 6.3 Development Guidelines Violations Requirement Proposed Limit/Issue Violates Setbacks Parking in setback Not allowed Dev. Guides. Sec. 8.3.c 6.4 1992 Zoning Code Violations Requirement Proposed Limit/Issue Violates Business Activities Dining Patio Inside only 1992 18.29.020.A Parking Aisle Width 24-foot aisle proposed 26-foot aisle required 1992 18.50.120.B Parking Lot Screening None included 8-foot wide screening 18.50.100.D.5.c.(1) 9 331 6.5 Miscellaneous 2025 Code Violations Requirement Proposed Limit/Issue Violates Restaurant Size 30% of gross floor area 20% of gross floor area Table 38.310.040.A Parking Lot Screening None proposed Continuous 4-6’ high BMC 38.550.050.B.2 Perimeter Trees <1 per 50 lineal feet 1 tree per 50 lineal feet BMC 38.550.050 Snow Storage Area Landscaping, lights Resist snow storage BMC 38.540.020.M 7 The Character of the Development Let us presume, for the sake of argument, that none of these violations are violations. Let’s imagine that the City’s position is entirely correct—that the conditions shown on the Master Plan represent a suggestion, that inconvenient aspects of the Development Guidelines (setback enforcement and 1992 Zoning requirements) can be set aside, and that the building and parking configuration that has been deemed non-compliant twice before is now acceptable, and that the site has no Residential Adjacency even tho it abuts R-S Zoning. Under those assumptions, the table of violations would become simply a list of changes to the vision of the PUD and the order of the City Commission. Yet even under those assumptions, the current (2025) BMC 38.440.030 still requires that the approval of Application #25238 be overturned. Unless the PUD is amended, a proposed develop- ment cannot change the “character of the subdivision” described by the PUD. This provision of the code provides a statutory basis for requiring adherence to to the “spirit of the PUD,” as discussed by the Commission during our 2024 appeal. Even if non-binding, the proposed uses on the Master Plan contribute to our understanding of the the character of the development that was reviewed and approved. BMC 38.440.030 is entitled “Amendments to final plan.” That provision states: A) Issuance of building permits and other development approvals are based on the ap- proved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: 1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. 2. Minor changes are defined as follows: a. Those developments that do not change the character of the development; c. An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; d. A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; B) Changes greater than minor changes must be processed as a PDZ subject to 38.430. Note that the wording of this provision applies to “changes” to the PUD. “Changes” need not rise to the level of a code violation in order to be subject to BMC 38.440.030. Application #25238 changes the character of the development relative to the uses shown on the Master Plan. It doubles the number of buildings, changes their use, builds two stories where one was envisioned, lines the trail system with parking lots, builds spaces for restaurants and offices, creates an outdoor dining patio, and proposes to serve alcohol—all on a site where a “Kagy Corner” style convenience store was proposed and approved under the PUD. 10 332 As a matter of simple calculation, Application #25238 offers a 100% increase in leasable floor area and greater than 20% change in the location of buildings. In a very real way, the Approval Letter is approving a “shadow amendment” to the PUD. The approval exercises statutory authority reserved for the Commission (approval of Site Plans requiring PUD amendment) and denies city residents due process (the opportunity to participate in that amendment process). All of this is done while the requirements of BMC 38.440—governing the application and enforcement of legacy PUDs under the current Municipal Code—are not considered, acknowledged, or mentioned in the Approval Letter. BMC 38.440 is cited 14 times in Appellant Poole’s 2025 public comments alone. 8 Was the Review Pretextual? The City Attorney’s Office has acknowledged that the City has a “preference” for application of modern zoning requirements over prior standards. In a May 19, 2023 letter to Brian Gallik, the City Attorney’s office noted: “[T]he City prefers to encourage development of the commercial property pursuant to today’s BMC standards, which are reflective of the community’s needs and values today, not those established over twenty years ago.” Yet that preference cannot take precedence over compliance with the Municipal Code. Based on the description of the review process in the Approval Letter, we are concerned that the stated preference of the City may have yielded a pretextual review rather than an even-handed application of the current Municipal Code. Pretextual review occurs when an administrative body reaches a predetermined outcome and constructs justifications afterward. The stated reasons are not the actual reasons. The hallmarks of pretextual review include: •Contradictory characterizations—the same fact described differently depending on which description supports approval •Unexplained reversals—prior determinations contradicted without acknowledgment •Selective enforcement—provisions that permit are applied; provisions that constrain dis- appear •Missing required analysis—mandated review steps omitted entirely •Selective silence—specific objections met with no response •Definition substitution—code terms replaced with terms that produce the preferred result •Deferral—violations acknowledged but approved as “preliminary,” creating facts on the ground that later compel variance No single indicator is conclusive. But when every ambiguity resolves in service of the same outcome, the review is not neutral. The Approval Letter for #25238 exhibits these hallmarks and each resolves in service of approval (See Appendix). The Master Plan is an authoritative “official stamped copy,” but its contents are not relevant. The Development Guidelines are enforced in detail, except where they constrain the development. 11 333 The conclusions of prior staff reports are reversed without explanation after authoritative documents are lost. The building is a restaurant when a front entrance must face the street, but a shell when that restaurant is over-sized. The same configuration of buildings—deemed non-compliant during the last appeal—is once again approved. Codified definitions are replaced with invented ones. Requirements met by the proposed Site Plan are cataloged in detail; requirements that are not met are not mentioned. Required analyses are not performed when the outcome would preclude approval. The least substantive public comments receive response; the most substantive objections in public comment are met with silence. The question is not whether pretextual review was intended or deliberate. The question is simply whether the pattern of decisions can be explained by anything other than working backward from the acknowledged preference to apply the modern code. 9 We Ask the Commission to Act We ask the Commission to overturn #25238 on one or more of the following grounds: 1. The Master Plan and Development Guidelines were the binding terms of the PUD when it was approved. The evidence for this finding is: a. The Master Plan and Development Guidelines were required elements of the PUD appli- cation (1992 BMC 18.54.080.D) b. The Master Plan and Development Guidelines were presumed to be binding when the Commission approved the PUD application (1992 BMC 18.54.080.C); c. The 1996 order of the Commission stated that the Sundance Springs Subdivision must comply with Z-95125 and the conditions of approval, which contained the preliminary Master Plan and Development Guidelines; d. The Montana Supreme Court has ruled that the requirements of approved planning documents cannot be treated as optional (Heffernan v. Missoula City Council, 2011 MT 91, P77); 2. The 1996 Commission ordered that proposed uses be added to the Master Plan (condition of approval #29); upon final approval of the PUD, the proposed uses became final uses, which are binding; 3. The Development Guidelines incorporate the requirements of the 1992 Zoning Code by ref- erence. Therefore, the requirements of the 1992 Zoning Code are enforced pursuant to BMC 38.440.030, BMC 38.440.050, and BMC 38.100.050.A. 4. The building and parking configuration disapproved by the Commission in 2024 continues to violate the Block Frontage Standards and remains ineligible for departure. 5. The differences between the proposed Site Plan and the conditions described in the Master Plan and Development Guidelines alter the character of the development and require amend- ment of the PUD before they can be approved. 6. The review was pretextual and therefore improper. An even-handed application of the current municipal code reveals that Application #25238 is non-compliant. We ask that the approval be overturned. 12 334 A Appendix: Evidence of Pretextual Review We have cataloged 18 examples of pretextual hallmarks in the Letter of Approval for #25238. Three are inconsistencies between our 2024 appeal and this appeal. 15 are contained within the Approval Letter for #25238. No one example, taken alone, suggests pretextual review. The consistency in the outcome is the evidence. Each resolves in whichever direction favors approval. A.1 Evidence Across Both Appeals A.1.1 On the Development Guidelines: •2024:Commission rules the Guidelines must be enforced. •2025:Approval Letter claims compliance—while ignoring the Guidelines’ prohibition on park- ing in setbacks and the incorporated 1992 Zoning Code. A.1.2 On Block Frontage Standards: •2024:Commission finds the building configuration requires departure, but is ineligible. •2025:Approval Letter approves the identical configuration without departure—and without mentioning the Commission’s finding. A.1.3 On the Master Plan: •2024:The Director’s memo represents to the Commission that the Master Plan Map is an “official, stamped copy.” Commission relies on this to find the record sufficient for review. •2025:Approval Letter characterizes the same document as “idealistic” with “imposes no restriction.” A.2 Evidence in the Approval Letter A.2.1 Hallmark 1: Contradictory Characterizations The Restaurant.The West Building is presented as a “shell” with no entitled uses—yet includes a detailed restaurant floor plan with kitchen, bar, and outdoor dining. The restaurant must exist for block frontage purposes (BMC 38.510.020.F.3 requires the primary facade to face the street, and the restaurant entrance is the only basis for claiming compliance). But the restaurant must not exist for use limitation purposes (BMC Table 38.310.040.A caps restaurants at 20% of floor area; the depicted restaurant exceeds 30%). There is no state in which the building complies with both requirements. A genuine review would recognize that relying on the restaurant layout for one standard requires analyzing it under the other. The Master Plan.In February 2024, the Director’s Memo identified the Master Plan as an “official stamped copy” and “critical component” of the PUD. In 2025, the Approval Letter characterizes the same document as “idealistic” with “no restriction.” A document cannot be authoritative enough to satisfy review requirements but too idealistic to impose limits. The Market Study.The Letter of Approval states Condition of Approval #29 was “satisfied” when the Market Study was submitted—yet the uses that study validated are now described as granting “no restriction.” The Commission required proposed uses before a market study could be 13 335 conducted. The developer added a Village Store. The study validated those uses. The Commission approved the PUD based on that validation. The City now claims the benefit (condition satisfied) while disclaiming the restriction (validated uses are binding). A.2.2 Hallmark 2: Unexplained Reversals on Identical Facts Block Frontage (2020 →2024 →2025).The building configuration has remained consistent across three reviews. In 2020, the Concept Review found that the configuration violated block frontage standards. In 2024, the Commission agreed and found the departure criteria were not met. Deputy Mayor Morrison observed that “the effort to apply these departures is really an effort to make the building work on a lot that doesn’t accommodate such development.” In 2025, the identical configuration was approved without departure and without any explanation as to why prior deter- minations no longer apply. When identical facts produce opposite conclusions without explanation, the decision is not based on standards. The 2020 Concept Review.When the PUD’s authoritative Approved Final Plan was available for review in 2020, the Concept Review identified the applicable standard as “B-1 pursuant to the 1998 Sundance Springs Planned Unit Development Master Plan” and applied 1992-era requirements along with requirements of the then-current BMC. Once the authoritative documents were lost, the 2025 Approval Letter characterizes the Master Plan as “idealistic” and does not acknowledge 1992 standards. The only material change was the loss of documents—and that loss produced a reversal. The 2004 Enforcement Precedent.In 2004, when a residential lot encroached into the PUD’s required setback, the Commission required a formal PUD amendment, describing the encroachment as “illegal.” In 2025, a commercial parking lot encroaches into the same type of setback and is simply approved. Same documents, same type of violation, opposite treatment. A.2.3 Hallmark 3: Selective Enforcement The Commission ruled in Appeal 23214 that the Development Guidelines are “integral to this PUD” and must be “considered and applied.” The Approval Letter claims compliance. But enforcement is selective. Building height, roof pitch, materials, eave depths, and fascia dimensions are analyzed and found compliant—none of these provisions constrain the project. Section 8.3(c), which prohibits construction outside the buildable area, is not mentioned—and parking is approved in the rear setback. The 1992 Zoning Code incorporated by reference in the Guidelines’ introduction is not applied. The line between provisions enforced and provisions ignored tracks perfectly with whether they help or hinder approval. A.2.4 Hallmark 4: Missing Required Analysis BMC 38.440.030 Thresholds.The code specifies thresholds for administrative approval: less than 5% increase in floor area, less than 20% change in building location, no change in character. Application #25238 exceeds these thresholds. The Approval Letter contains no calculation of floor area increase, no measurement of building location deviation, and no assessment of character change. The term “38.440.030” does not appear. If you don’t perform the analysis, you cannot fail it. Block Frontage Departure.The 2022 application sought departure for this layout. The 2024 Commission found departure was required but criteria were not met. The Commission found the east building in violation of a specific requirement of the Block Frontage Standard, but the Approval Letter makes no analysis of the east building against the block frontage standards. A genuine review would explain why departure is no longer required and how the east building meets the violated requirement cited by the Commission in 2024. Instead, the prior finding simply disappears. 14 336 A.2.5 Hallmark 5: Selective Silence Public comments cited BMC 38.100.050.A (most restrictive standard governs), BMC 38.100.050.C (holistic interpretation), BMC 38.440.030 (administrative approval thresholds), BMC 38.440.050 (compliance with PUD terms), and BMC 38.700.110.L (residential adjacency definition). The Ap- proval Letter is silent on each. Specific violations were identified with code citations: parking prohibited in setbacks under the Development Guidelines, landscape buffers required under Table 38.510.030.C, trees required under BMC 38.550.050. No response. Appellant Poole’s comment con- tained 34 citations to the 1992 code and 14 citations to BMC 38.440. The Approval Letter contains zero references to either. Legitimate review engages contrary arguments. A.2.6 Hallmark 6: Definition Substitution Residential Adjacency.BMC 38.700.110.L defines a “lot with residential adjacency” as one abut- ting residential zoning. The site abuts R-S zoning on three sides. The Approval Letter found no residential adjacency because “open space” intervenes—but open space is a use, not a zoning desig- nation. The definition was provided in public comment. The Approval Letter does not address it; it simply applies a different definition that produces the preferred result. This substitution eliminates requirements for parking lot screening, landscape buffers, and trees. Primary Facade.BMC 38.510.020.F.3 requires buildings to present the “primary facade” to the block frontage. The West Building’s primary facade faces the parking lot. The Approval Letter justifies compliance because “an entrance” faces the street. The current BMC requires that the “primary facade” address the street; the Approval Letter applied “an entrance.” Substituting achievable standards for actual standards is not interpretation—it is revision. A.2.7 Hallmark 7: Misrepresentation The Commission’s 2024 Ruling.The Commission ruled that the current code governs review. The Approval Letter treats this as excluding 1992 standards. But the current code—BMC 38.440.030, 38.440.050, and 38.100.050.A—requires enforcement of all PUD terms, including the Development Guidelines that incorporate 1992 requirements. The ruling identified the rulebook; the Approval Letter misrepresents it as excluding specific aspects of the rulebook’s contents. Commissioner Statements.The Approval Letter states that “no Commissioner cited the Master Plan as rationale for supporting their findings” and implies this means the Master Plan need not be enforced. But silence is not a ruling. The Commission did not address the Master Plan; it cannot be inferred that the Commission authorized disregarding it. The Municipal Code and 1996 Commission order exist independently of the 2024 proceeding. A.2.8 Hallmark 8: Deferral The site plan fixes building footprints, parking ratios, and infrastructure. The Approval Letter characterizes the buildings as “shells” with no entitled uses—but the West Building includes a kitchen, dining area, bar, and outdoor patio. The Approval Letter acknowledges: “The restaurant area shown on the site plan does not comply with the maximum allowed size.” Yet the site plan is approved because uses are “preliminary.” This mechanism approves by deferral what cannot be approved directly. The shell is built. The use is deferred. When the owner later seeks occupancy for a space purpose-built as a restaurant, variance becomes the path the "only logical path." This is not analysis—it is circumvention. 15 337 338 Owner Property Address Mailing Address Tax Records Verified Notes Geocode (Y/N) Sept Dec 2024 Sundance Springs Residential Owners Assoc Inc PO Box 933 Bozeman, MT 59771 N (non-valued property)Adjoiner Contiguous 06-0798-25-1-18-01-6500 City of Bozeman Ellis View Loop PO Box 1230 Bozeman, MT 59771 N (non-valued property)Adjoiner Not Contiguous 06-0798-25-1-07-12-6500 Lisa & Henry Miklush 3775 Ellis View Loop 3775 Ellis View Loop, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-08-12-0000 Lisa & Henry Miklush 3775 Ellis View Loop 3775 Ellis View Loop, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-08-10-0000 Geoffrey Poole 3772 Ellis View Loop 3772 Ellis View Loop, Bozeman, MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-07-10-0000 Kara & Erin Gallinger 3760 Ellis View Loop 3760 Ellis View Loop, Bozeman, MT 69715 Y Adjoiner Not Contiguous 06-0798-25-1-07-08-0000 Catherine Zimmer 4405 White Eagle Cir.4405 White Eagle Cir, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-18-51-0000 Ryan Lafoley S 3rd Ave 206 Ridge Trl, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-20-01-0000 Shelley & Gordon Vance 3008 Macnab St, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-01-10-0000 Shelley & Gordon Vance 3008 Macnab St, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-01-20-0000 Ellis View Estates Sub Homeowners Assoc Ellis View Loop 1627 W Main St #370, Bozeman MT 59715N (non-valued property)Adjoiner Not Contiguous 06-0798-25-1-07-01-6500 SITE NAME: Sundance Springs Phase 1B Comm Lot 2 LEGAL DESCRIPTION: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Acres 1.31, Comm Lot 2 Plat J-257 OWNER: 406 Coal Blowers LLC N1 Noticing Procedure 339 BOZEMANCity Attorney's OfficeMTGreg Sullivan, City AttorneyBekki McLean, Chief ProsecutorChanan Brown, ProsecutorAshleyCarroll, ProsecutorTim Cooper, Assistant City AttorneyJennifer Giuttari, Assistant City AttorneyKelley Rischke, Assistant City AttorneyAnna Saverud, Assistant City AttorneyMollie Schultz, ProsecutorMay 19, 2023Brian GallikGallik, Bremer and Molloy, P.CP.O. Box 70Bozeman,MT 59771-0070SENT VIA FIRST CLASS MAIL and E-MAIL to bnan@galLiklawfirm.comRE: Sundance Springs Site Plan Application #22047Dear Mr. Gallik,This letter responds to your letter of December 13, 2022, providing legal analysis regardingseveral issues and questions raised in public comment. This letter also provides clarification andguidance regarding the City's review of the Sundance Springs Site Plan Application #22047relevant to three primary issues raised in public comment: enforceability of private covenants bythe City; the application of historic Bozeman Municipal Codes or current code; and that theCity's Final PUD file cannot be located, but several elements of the Final PUD file are available.Additionally, I write to inform you that the City will invite public comment from May 29,2023to June 12, 2023. This public comment period will be limited to only new information receivedin the record since the close of the last public comment period on December 13, 2022. Newinformation on which the public may comment includes: the content of this letter; othercorrespondence and public comment received since the close of the last public comment period,including the contents of your letters dated December 13, 2022 and December 29, 2022; andrevisions to the application submitted on March 3, 2023 modifying the architectural and lightingplans to comply with standards found in covenants, adjustment of the north property line setbackto a 10-foot rear setback, and removal of a departure request for parking adjacent to a streetcorner.City Enforcement of Covenants, Conditions, and RestrictionsSeveral public comments and other communications from concerned neighbors contend that theproposed project must be evaluated for conformance with private, recorded Covenants,121N.ROUSE AVENUE- CIVIL901 N. ROUSE AVENUE- CRIMINAL@P.O. BOX 1230BOZEMAN, MT 59771-1230(P) 406-582-2309 (F) 406-582-2302 WWW.BOZEMAN.NETTDD: 406-582-2301THE MOST LIVABLE PLACE340 Conditions, and Restrictions for the Neighborhood Services Property (Covenants).Additionally, public comments have asserted that the City ofBozeman (City) is a party to all ofthe Covenants, Conditions, and Restrictions found in the Neighborhood Services Property. Thecommenters incorrectly conclude that the City must enforce the private CC&Rs in its review ofapplication #22047.Exhibit B attached to the Covenants clearly and unequivocally sets forth the covenants that wererequired by the City as conditions of approval and to which the City is a party. Exhibit B alsoestablishes the requirement that any amendment to these specific covenants requires Cityapproval, which is derived directly from the Findings of Fact and Order issued on January 22,1996, In the Matter of the Application of Donald Hannah for Preliminary Subdivision PlatApproval of Sundance Springs Planned Unit Development Subdivision, Phase I, and forConditional Approval of a Zoning Planned Unit Development (Preliminary PUD Findings ofFact). It is unsurprising that the City would only require to be made a party to these specificcovenants; the City has no interest in the vast majority of the contents of covenants, for example,membership and voting rights, election of directors, and general covenants outside the scope ofBMC standards.Further, the BMC expressly states that the City has no duty to enforce private covenants thatimpose higher standards than BMC provisions:Sec. 38.100.100. Private restrictions.This chapter is not intended to affect any existing private agreement or condition such asa deed restriction or covenant. If any provision of this chapter is more restrictive orimposes a higher standard than any such private restriction, the requirements of thischapter control. Where the provisions of any private restriction are more restrictive orimpose higher standards than the provisions of this chapter, the city has no duty toenforce such private restrictions or advise of their existence. The city may enforce aprivate restriction if the city is a party to such covenant or restriction, if such restrictionwas required by the city, or if it was relied upon by the city during the land developmentprocess in order to meet the requirements of this chapter or another required standard.The city may prohibit private restrictions that violate applicable law. Covenants aresubject to the requirements of section 38.220.320. (emphasis added)Rather, when the City is a party to a covenant or restriction, the City may choose to enforce theprivate restriction; it is not obligated to do so. Even assuming arguendo the City is a party to allof the covenants, it is the City's custom and practice to only enforce those covenants relied uponfor approval of a development. Further, the City prefers to encourage development of thecommercial property pursuant to today's BMC standards, which are reflective of the' Note that the residential portions of the Sundance Springs PUD have separate recorded Covenants, Conditions, andRestrictions. The residential CC&Rs are not applicable to the Neighborhood Services CC&Rs, nor are the CC&Rsfor the commercial portion of the PUD applicable to the residential portions.341 community's needs and values today, not those established over twenty years ago2. Therefore,the City declines to exercise authority it may have to enforce the covenants.Finally, the discussion of whether the City may enforce the covenants through its decision on thepending application is largely academic. The current application, as submitted, meets thestandards of the applicable covenants listed on Exhibit B3. Notably, an update to the applicationsubmitted on March 3, 2023, included changes regarding the exterior lighting package that bringthe proposal into compliance with the requirements of covenant 10.7.Application of Current Code to the Current ApplicationThe City evaluates site plan development applications against the adopted code at the time theproject receives a determination of adequacy, pursuant to Montana law and the BozemanMunicipal Code.Montana law, pursuant to Montana Code Annotated section 7-21-1003(2) provides in relevantpart:Except as provided under 76-2-206 or 76-2-306 or otherwise agreed to in writing by theapplicant, the review and approval, approval with conditions, or denial of the site-specific development plan must be based solely upon the ordinances and regulations ineffect at the time that the complete site-specific development plan was submitted to thelocal government entity that has jurisdiction over the application... . (emphasis added)Further, local regulations unequivocally state that non-subdivision applications, like the instantsite plan application, are reviewed under the regulations in effect at the time an application isdeemed adequate; it offers no exception for site plans associated with historic planned unitdevelopments. Section 38.200.080.B, BMC, provides:B. Nonsubdivision. Review ofnonsubdivision applications will be under such regulationsas are in effect at the time an application for approval of a preliminary site plan isdeemed adequate according to section 38.230.090; except that an interim zoningordinance adopted according to MCA 76-2-306 applies to a nonsubdi vision applicationwithout limitation to the date of adequacy of the application until final action has beentaken on the application. An applicant may waive, in writing, the shield from changing2 The subject property is designated Community Commercial Mixed Use in the 2020 Bozeman Community Plan andFuture Land Use Map.3 Exhibit B includes "Article IX, Section 9.8 regarding parkmg of cars on the street" among the covenants that theCity is a party to and cannot be amended without the City's consent. This comports with the Commission'sFindings of Fact, which state on page 19 that the following amendment should be made to the Covenants as theywere initially proposed, "Page 26, Section 10.8. Clarify section regarding on-street parking per the CityCommission's decision on street standards, to prohibit parking of cars or other vehicles on the streets." As recorded,that covenant (apparently renamed to 9.8) addresses the City required prohibition ofon-street parking, but also statesthat Neighborhood Services buildings are "required to have at least the minimum number of parking spaces asdefined in the Neighborhood Service District of the Bozeman Zone Code." The provision regarding the minimumnumber of parking spaces does not appear to be required by the City. Whether or not the City is a party to thatportion of the covenant, the City declines to enforce it in favor of encouraging the use of modem minimum parkingstandards. The application provides the requisite number of parking spaces under current code without relying uponany on-street parking spaces.342 ordinances established by this section. In the event that such waiver is provided, thenonsubdivision application will be reviewed under the ordinances in effect on the date ofthe final action on the application, (emphasis added)In this case, site plan application 22047 received adequacy on August 17, 2022. This applicationwill be reviewed and an administrative decision will be made based on requirements found in the2022 Unified Development Code.The City recognizes that the Development Review Comments for the initial Conceptual Reviewapplication #20298 on October 1, 2020, inferred historical zoning from 1992 was applicable tolot sizes, setbacks, and land use4. Regrettably, this information was provided without consultingthe City's legal department and is contrary to the City's position on the pending application.Unlocated Final PUD ApprovalAs you know, the City is regrettably unable to locate the final PUD file. However, continuedsearching has yielded a document that demonstrates Sundance Springs' compliance with andcompletion of all requirements of the City Commission's Findings of Fact for the SundanceSprings Preliminary PUD application, as required to receive Final PUD approval. Please find thedocument, titled Sundance Springs P.U.D. Findings of Fact and Order5, attached. The bold printand attachments clearly document Sundance Springs' compliance with all preliminary conditionsof approval sufficient to approve the Final PUD application. The Sundance Springs P.U.D.Findings of Fact and Order document is typically a part of the final PUD file. Significantly, itindicates that the conditions of approval did not change between the preliminary and final PUDapprovals and that the conditions of approval were satisfied.Although the City has not located the Final PUD file, the critical elements of the file areavailable to the City, including: adopted Preliminary PUD Findings of Fact; recorded documents,like the Sundance Springs Commercial covenants; and the Sundance Springs P.U.D Findings ofFact and Order document memorializing completion of requirements set forth in the PreliminaryPUD Findings of Fact and indicating an approval of the Final PUD application. The recordedcovenants and recently discovered Findings of Fact and Order hew closely to the approvedPreliminary PUD Findings, which helps verify that little, if anything, changed between approvalof the Preliminary PUD and the Final PUD. Additionally, the existence of the recordedcovenants and the inclusion of Exhibit B memorializing the City's requirements articulated in theFindings of Fact provide further evidence of compliance with the Findings as necessary to obtainFinal PUD approval. Additionally, the City has many other files associated with SundanceSprings' development applications over the years and nothing in those files indicates thatSundance Springs' Final PUD application was denied or deviated in any material way from thePreliminary PUD Findings of Fact.4 The Concept Review comments also explain that the applications' example tenant, a brewery tasting room, usedfor the purposes of calculating parking requirements and the like is an allowable use under historic standards with aSpecial Use Permit for the sale of alcohol, as noted in your December 13, 2022 letter5 This document is included in file P-0042 Sundance Springs S.E. Major Subdivision Final Plat. The bold printrefers to certain other documents, such as materials behind tabs and conditions of approval found in the SundanceSprings Subdivision Southeast Findings of Fact and Order. Those items are available for your review, but have notbeen appended here due to their size.6 The subject property was annexed, subdivided, and developed in phases, each requiring its own application(s).343 The final plat was approved in 2000 and filed with the Clerk and Recorder. Significant portionsof the development were built. Both of those actions require an approved Final PUD application.The City recognizes that failing to review this application using existing documents, and insteadstrictly adhering to the requirement to review the application against the unlocated Final PUDfile, would perpetuate the absurd result that this property could never be developed. Therefore,the City believes that review of application 22047 is possible using these documents, eventhough the Final PUD file is not available.The City has discussed with you and your client the potential risks associated with reviewingapplication 22047 using the Preliminary PUD Findings of Fact, recorded covenants, and existingdocuments, as well as alternative options, including altering the application to comply withhistoric code provisions and covenants. Your client has opted to proceed with review ofapplication 22047 as submitted; therefore, staff will complete review of the application and openone final public comment period before forwarding a recommendation to the CommunityDevelopment Director for a decision.Thank you for your patience as the City carefully considers and thoroughly reviews thisapplication and provides an additional comment period to afford the public a reasonableopportunity to participate in every aspect of this application. If you have any questions, pleasecontact me at krischke(%bozeman.net or 406-582-2309.Sincerely,A^4^/. ^-iO^LKelley L. RischkeAssistant City Attorneyec: Mike Maas, City Clerk at mmaas@bozeman.net (for inclusion in the publicly availablematerials regarding Sundance Springs)Robert Farris-Olsen (rfolsen@mswdlaw.com) and Kim Wilson(kwilson(a)mswdlaw.com), Morrison Sherwood Wilson Deola PLLPi344 Findings of Fact and Order Sundance Springs Appeal Appeal number 23214 23214 Findings of Fact and Order Overturning the Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application 22047 Public Hearing: February 27, 2024 before the Bozeman City Commission Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole seeking to overturn the Director of Community Development’s (Director) administrative decision approving site plan application 22047. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Anna Bentley, Director of Community Development Brian Krueger, Development Review Manager Decision: Overturn the Director’s Conditional Approval of Site Plan 22047. (4-1) Report Date: May 13, 2024 On February 27, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal #23214 seeking to overturn the Director’s administrative decision approving a site plan application in the Sundance Springs subdivision, Application #22047. This appeal is for the specific application and it is not an appeal interpreting code generally applicable throughout the city. The Commission decided to overturn the Director’s decision. This document memorializes the alternative findings made by a majority of the Commission members in support of the decision to overturn the Director’s conditional approval of site plan application 22047. A video recording of the Commission hearing and the Commission’s decision is posted on the City’s website, found here. Consideration of this agenda item begins at 01:08:20 in the video. Minutes of the Commission meeting are also posted on the City’s website, found here. The City Commission first made the following motion, which failed 1-4: Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 345365 Page 2 of 3 Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Then, the Commission made the following motion, which passed on a 4-1 vote, overturning the Director’s decision: I move to overturn the decision of the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1B, Commercial Lot 2 Site Plan application number 22047. CITY COMMISSION’S FINDINGS: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047. 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022. 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 22047, is overturned. Dated this _______ day of _______________________, 2024 DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 May21st 346366 Page 3 of 3 BOZEMAN CITY COMMISSION __________________________________ TERRENCE CUNNINGHAM Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 347367 Commission Memo Sundance Springs Appeal Appeal number 25769 Report To: Bozeman City Commission Subject:Appeal 25769 Filed by Tim & Nancy Swanson and Geoffrey Poole Regarding Conditional of Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238 Meeting Date: February 24, 2026 Agenda Type: Action Project Location: Corner of South 3rd Avenue and Little Horse Drive CITY COMMISSION ACTION: At the conclusion of consideration of the appeal, the City Commission may uphold, amend, or overturn the administrative project approval decision for the Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25769. The decision may be overturned or amended upon the finding that the final administrative decision was erroneous. Report Date: February 18, 2026 EXECUTIVE SUMMARY: This appeal, filed by Tim & Nancy Swanson and Geoffrey Poole (Appellants), seeks to overturn the Director of Community Development’s administrative decision approving application 25238 (Director’s decision). Appellants assert the decision should be overturned on the following grounds: The project at issue is development of a commercial lot within the Sundance Springs Planned Unit Development (PUD). The site plan application proposed two commercial buildings, each with two stories. Though the proposed buildings are shells, the Developer selected conceptual uses, including restaurant, gym, office space, and retail space, in order to make calculations for various design requirements in order to demonstrate compliance with code requirements. 406 Coal Blowers, LLC and Michael J Schreiner, III, are listed as the property owners (the Developer) and submitted Site Plan Application 25238, which is the subject of this appeal. For context and background, this property was the site of a prior approved Site Plan Application 22047 that was approved with conditions by the prior Community Development Director on June 28, 2023. That administrative decision was appealed to the City Commission by Appeal 23214. The City Commission overturned the Director’s decision on February 27, 2024 and made Findings of Fact in support of the decision to overturn, which were adopted by the Commission on May 21, 2024. The Findings of Fact can be found here and are attached to this staff report. 348 Commission Memo Sundance Springs Appeal Appeal number 25769 2 | P a g e Appeals of administrative project decisions are governed by 38.250.0301 BMC. For a discussion of the procedures governing this appeal, see below. Only “aggrieved persons” may appeal an administrative decision in accordance with section 38.250.030.A BMC. Appellants contend that they are aggrieved persons as defined in section 38.700.020 BMC2 because Tim and Nancy Swanson reside in the Sundance Springs Subdivision, of which the subject property is a part. Appellants assert that they live within sight and earshot of the proposed development. Mr. Poole lives within two hundred feet of the subject property and his deck overlooks the site. According to the appeal materials, each of the Appellants have submitted public comments setting forth the specific impact this project will have on them. Appeals are limited to specific issues raised during the public comment period. The City of Bozeman (City) received 90 public comments on Site Plan Application 25238 during the public comment period. 3 comments were in favor of approving the application. All others opposed the development. Appellants submitted 4 public comments, which appear to discuss every matter raised on appeal. At the conclusion of consideration of the appeal, the City Commission may uphold, amend, or overturn the administrative project decision for Site Plan Application 25769. The decision may be overturned or amended upon the finding that such final administrative decision was erroneous. Consider the Recommended Motions: 1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: 1 On February 1, 2026, a new Unified Development Code (UDC) adopted by the Bozeman City Commission through Ordinance 2151 went into effect and the previous version of the UDC was repealed in its entirety. Appeal application 25769 was deemed adequate for review prior to the effective date of the new UDC. Therefore, this appeal application is subject to the provisions of the UDC in place when the application was deemed adequate for review (the 2025 UDC). Additionally, the development application from which the appeal was made was likewise reviewed under the provisions of the 2025 UDC because it was deemed adequate for review on October 22, 2025. Please note that all links to provisions of the UDC in this staff report are to the 2025 version, which are applicable to appeal application 25769 and site plan application 25238. Excerpts of some code provisions are also attached for convenience. 2 Aggrieved person. A person, as defined in this division 38.700, who has a specific, personal and legal interest in the final decision of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. 349 Commission Memo Sundance Springs Appeal Appeal number 25769 3 | P a g e Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. RECORD OF REVIEW: A. Appeal Application 25769 1.Appeal Application and Materials 2. Agenda and Minutes of February 24, 2026, City Commission meeting (Minutes will be available on the City’s website after they are prepared and approved.) 3. City Commission packet materials for the public hearing on the Sundance Springs Appeal on February 24, 2026 a. Cover memo b. This staff report for Appeal Application 25769 B. Site Plan Application 25238 1.December 5, 2025, Director’s Decision and associated staff report for Site Plan Application 25238 2.Public Comment on Appeal Application 25238 3. Site Plan Application and Materials a.Application Documents b.Application Drawings c.Application Summary 350 Commission Memo Sundance Springs Appeal Appeal number 25769 4 | P a g e Table of Contents EXECUTIVE SUMMARY:.......................................................................................................................................1 RECORD OF REVIEW…………………………………………………………………………………………………..3 TABLE OF CONTENTS:.........................................................................................................................................4 BACKGROUND:……………………………………………………………………………………………………….….5 Site Plan Application 25238……………………………………….…………………………………………. Timeline……………………………………………………………………………………..…………...…………… Analysis of 38.250.030.A “Aggrieved Person”….……………………………………………………... Analysis of 38.250.030.B – Issue Preclusion…………………………………………………………… BASIS OF THE APPEAL AND CITY RESPONSE:…………………………………………………………5 1. City Commission’s Findings of Fact on Appeal 23214 a. The “Master Plan” b. Application of the 1992 Code 2. Section 38.440.030 BMC is Inapplicable to Site Plan Application 25238 3. Block Frontage 4. Encroachment of Parking Area into Setback 5. Residential Adjacency 6. The Director’s Approval of Application 25238 was not Pretextual 7. Response to Appellant’s Request to Overturn the Director’s Decision APPEAL OF THE ADMINISTRATIVE DECISION…………………………………………………………15 APPEAL PUBLIC NOTICE:………………………………………………………………………………………….15 APPEAL PUBLIC COMMENT:……………………………………………………………………………………..15 EVALUATION OF THE APPEAL:………………………………………………………………………………15 Authority of the City Commission under the Bozeman Municipal Code………………… City Commission May Act as a Board of Adjustment……………………………………………. APPEAL PROCEDURE:……………………………………………………………………………………………16 UNRESOLVED ISSUES:……………………………………………………………………………………………16 ALTERNATIVES:…………………………………………………………………………………………………….16 FISCAL EFFECT:………………………………………………………………………………………………………16 ATTACHMENTS:……………………………………………………………………………………………………..17 351 Commission Memo Sundance Springs Appeal Appeal number 25769 5 | P a g e BACKGROUND: Site Plan, Application 25238 The site plan for the Sundance Springs Subdivision Commercial Lot 2, was submitted originally on April 29, 2025 and conditionally approved by the Director of Community Development on December 5, 2025. No building permits have been issued for this approved site plan. The Development Review Committee considered the application and recommended that the application was adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Timeline of Sundance Springs Subdivision Commercial Lot 2 Site Plan Approval and Appeal Findings of Fact Adopted by City Commission for Appeal 23214 May 21, 2024 Site Plan Application 25238 Submitted April 29, 2025 Development Review Committee determination of adequacy October 22, 2025 Public Comment Period on Application 25238 October 27, 2025 – November 18, 2025 Director’s Decision Conditionally Approving Application 25238 December 5, 2025 Appeal 25769 Submitted and determination of adequacy December 18, 2025 Public Comment Period on Appeal 25769 January 26, 2026 – February 24, 2626 City Commission Hearing on Appeal 25769 February 24, 2026 38.250.030.A “Aggrieved Person:” The City Attorney stipulates that Appellants meet the definition of “aggrieved persons” pursuant to Bozeman Municipal Code section 38.700.020 with standing to bring this appeal. 38.250.030.B - Issue Preclusion Pursuant to code, “failure to raise an issue during the provided public comment opportunity, in person or in writing, or the failure to provide statements or evidence sufficient to afford the administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party during the time of the public comment opportunity.” BMC 38.250.030.B. It appears that Appellants raised every issue in their public comments on Site Plan Application 25238 that could have reasonably been known that were raised in Appeal 25769. BASIS OF THE APPEAL AND CITY RESPONSE: 1. City Commission’s Findings of Fact on Appeal 23214 Every development application, including Site Plan Application 25238, is evaluated individually on the contents of the application and without regard to any previous application. However, in addition to evaluating the contents of the Site Plan Application 25238 against zoning regulations, staff also evaluated this application to ensure it complied with the Findings of Fact adopted by the City Commission for Appeal 23214. Appeal 23214 was decided in February 2024. The Appeal was filed by the same Appellants as the current 352 Commission Memo Sundance Springs Appeal Appeal number 25769 6 | P a g e appeal and appealed an administrative approval of proposed development on this same site, including many of the same arguments to overturn the Director’s decision as found in this appeal. The City Commission overturned the Director’s decision and adopted findings in support of its decision. On May 21, 2024, the City Commission adopted Findings of Fact and Order for Appeal 23214, which memorialized its findings in writing (attached). The findings state: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047.3 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022.4 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable waking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. The Commission’s findings are relevant to and were thoroughly analyzed by staff in its review of Site Plan Application 25238. Specifically, staff relied upon the City Commission’s determination that: (1) sufficient documents existed within the surviving record to review development application 25238; (2) City codes in effect at the time an application is determined adequate for review must be used to review the Application; (3) Site Plan Application 25238 must comply with design guidelines contained within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property; and (4) block frontage standards applicable to the buildings must be met. 3 One contention raised in Appeal 23214 was that the City could not adequately review a development application on the subject property because the City has been unable to locate the Final PUD file. The staff report for Appeal 23214 provided information about several other documents and files that the City was able to locate pertaining to the Sundance Springs subdivision, PUD, and subsequent phased development. 4 In Appeal 23214, as here, Appellants argued that the development application must comply with historic zoning code in place at the time the PUD was approved, not development standards in place at the time an application is deemed adequate for review. 353 Commission Memo Sundance Springs Appeal Appeal number 25769 7 | P a g e a.The “Master Plan” The City Commission previously considered Appellants’ argument that the Master Plan imposed specific buildings, site layout, and land uses on the property in Appeal 23214. Contrary to Appellants’ assertions, the Director demonstrated that the Master Plan was conceptual in nature and was never meant to prescribe any specific land use or provide the level of detail sufficient to construct any building. The Director cited sections of the 1992 zoning code to prove that a Master Plan need only provide a “conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site.” See sections 18.54.080.D.1 and 18.54.060.A.2, BMC (1/23/1992) (emphasis added). The Director also explained that the Sundance Springs preliminary PUD and plat (file Z-95125) expressly recognized the conceptual nature of the PUD approval and the need for subsequent site-specific design because it included the following note: NOTE: Because this application is a PUD subdivision that creates only lots, no specific structures are proposed at this time. Future construction on individual lots will be controlled by the Bozeman area zoning and building codes and the covenants and development guidelines for the project, as required in Chapter 18.54.080, A.,2 of the Bozeman Zoning Ordinance. See File Z-95125 application, tab 6, PUD Application Criteria, page 1. In articulating its Findings on Appeal 23214, the City Commission made no reference to the Master Plan. The adopted Findings of Fact for Appeal 23214 do not require the Director to analyze a development application in strict conformance with the conceptual Master Plan document. Appellants continue to assign a level of importance to the Master Plan beyond which it was intended and inappropriately rely on conceptual (sketch) drawings as an iron-clad depiction of future commercial development. b.Application of the 1992 Code The City Commission also previously considered Appellants’ argument that a historic version of Bozeman’s zoning regulations should apply to a development application on this site. The Director cited state law, the Bozeman Municipal Code, and a provision from within the Sundance Springs Covenants5 to support the determination that 5 8.2 General Regulations. All lands within Sundance are subject to the zoning regulations of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown on the Sundance Springs plat as filed in the Gallatin County Courthouse. All such variances to the zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within the body of this Declaration. In addition to these Regulations, building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The owner or his or her agent shall be responsible to ensure conformance with any applicable regulations, and should check with the City of Bozeman, Gallatin County, and the State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of, or alteration to, any improvements … shall be commenced on any lot prior to receiving the written approval of the BLRC and the City of Bozeman. See Covenants, p. 20 (emphasis added). 354 Commission Memo Sundance Springs Appeal Appeal number 25769 8 | P a g e the appropriate code to apply is the code in place at the time an application is deemed adequate for review. The City Commission determined that the Director’s application of zoning codes in place at the time the application was deemed adequate for review was correct and memorialized their determination in their Findings of Fact for Appeal 23214, specifically Finding #2. Applying the City Commission’s direction from the Findings and consistent with the Bozeman municipal code, the Director’s application of 2025 code standards to Site Plan Application 25238 was correct. BMC section 38.200.080.B states in relevant part, “Review of nonsubdivision applications will be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed adequate according to section 38.230.090; …” As determined in the previous appeal, 1992 zoning regulations are inapplicable to application 25238. 2. Section 38.440.030 BMC is Inapplicable to Site Plan Application 25238 Appellants contend that an applicant must amend the PUD Final Approval in order for the proposed development to comply with all standards of BMC. Specifically, Appellants point to section 38.440.030. and .050 BMC . While Appellants have correctly identified this Planned Unit Development (PUD) is a Legacy PUD, Appellants are incorrect in asserting that these code sections require that a Legacy PUD should be reviewed under the 1992 Zoning Code in place at the time the PUD was adopted (see staff report Section 1.b.), and are incorrect that the proposed Site Plan would require modifications to the Legacy PUD in effect, the Sundance Springs PUD. When originally reviewing the PUD for conformance, the City of Bozeman applied Conditions of Approval to the preliminary approval of the PUD. Specifically, Condition #29. This condition states: A documented market study shall be provided prior to submittal of the final site plan for the zoning PUD that shows the proposed uses within the neighborhood service area (Blocks 10 and 11) will be supported by the area residents. If the study does not conclude that 50% of the business will be generated from this area, development of the neighborhood service lots will not be allowed. Uses permitted on these lots include professional offices and other permitted uses listed in the B-1 neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision. If not allowed, a maximum of six additional single-family residential lots could be created within these two blocks via further subdivision review and approval. All commercial structures shall be fully protected with an approved fire sprinkler system, unless waived by the Fire Chief in the event a fire station is constructed closer to the site which will provide adequately improved response times. The need for mitigation to the long fire department response times which are probable prior to the time new fire station facilities may be constructed nearer to 355 Commission Memo Sundance Springs Appeal Appeal number 25769 9 | P a g e this area, such as but not limited to, sprinklering of residential dwelling structures, shall be left to the discretion of the Fire Chief. The hours of business for all uses within the neighborhood service lots shall be limited to 7 a.m. through 9 p.m.” Appellants contend that this condition of approval of the Preliminary Plat of Sundance Springs PUD only contemplated the uses depicted in the conceptual Master Plan within the PUD. However, it is clear from the condition, that all uses allowed within the B-1 Neighborhood Services District (now called the B-1 Neighborhood Business District) were contemplated and would be approved if the market study was completed and concluded that 50% of business would be generated from the area. In approving the final plat of the Sundance Springs Subdivision Phase 1B, wherein the subject property was created, the City Commission approved the market study and, as the condition states “Uses permitted on these lots include professional offices and other permitted uses listed in the B-1 neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision.” Thus, indicating that all allowed uses within the zoning district are allowed and that the lot will be reviewed by further site plan and or subdivision at a point of further development. The condition does not require any particular use, nor does it entitle any potential development depicted in the conceptual Master Plan document. Additionally, it is important to note that Appellants discuss buildings depicted on the Master Plan document. The PUD does not provide: Dimensions for buildings depicted on the Master Plan; Elevations for any of the buildings; Open space; Floor space for proposed uses; or Any other required elements for entitling review or approval for a proposed development. As such, despite the conceptual sketch buildings depicted on the Master Plan document, the PUD does not contemplate any proposed development on the commercial sites. Because there is no development proposed, there are no applicable amendments to the final plan as prescribed by BMC 38.440.030. 3. Block Frontage Appellants contend that a similar site layout has previously been rejected by city staff, referencing a previous Concept Review Application and a previous Site Plan application. It is important to note that each application is unique and independent. Each plan must comply with the multitude of standards and design requirements of the Bozeman Municipal Code. If one element is out of compliance, then the whole site design is out of compliance and must be redesigned in order to comply. Appellants specifically contend that: 356 Commission Memo Sundance Springs Appeal Appeal number 25769 10 | P a g e “1. The east building fails to address a trail frontage in violation of BMC 38.510.020.F.1; 2. The west building presents its primary facade to the parking lot in violation of BMC 38.510.020.F.1; 3. The parking lots line adjacent trail frontages, degrading the walking environment on the trail system, in violation of 38.510.010.A.2.” Appellants contend that the eastern building must address a trail frontage. Multiple frontage situations where a property and building(s) front onto multiple street block frontages or internal frontage designations are addressed by BMC 38.510.020.F. The subject property only has one block frontage along Little Horse Drive. As such, the requirements of BMC section 38.510.020.F. do not apply to this site. As analyzed in section 7a. of the Director’s decision on Site Plan Application 25238, when there is only one block frontage available, the site must only address the applicable frontage, in this case, the street block frontage along Little Horse Drive. Little Horse Drive is a Landscaped Block Frontage, and the standards for the Landscaped Block Frontage are enumerated in Table 38.510.030.C of the BMC. Zoning regulations require a building entrance visible and accessible from the street for the building that fronts on Little Horse Drive. The West Building fronts on Little Horse Drive and provides an entrance on the southern façade facing the street. Appellants contend that the primary façade faces towards the parking lot. While there are elements of the western elevation which may indicate that this is an architecturally significant façade, the BMC utilizes the standards listed in Table 38.510.030.C to determine whether a given elevation meets the block frontage standards. The only façade required to meet the Landscaped Block Frontage Standards is the southern façade, as this faces the lot’s frontage along Little Horse Drive. BMC does not restrict a property owner from providing additional facades meeting the standards of Division 38.510. for Block Frontages. Lastly, the proposed landscape design includes a 4-foot landscape buffer with a variety of shrubs to screen the parking lot from the adjacent open space to the north, which contains a trail. This meets the minimum standards of the BMC. The developer has provided trees in excess of minimum standards lining the trail to ensure that the pedestrian environment is maintained, if not improved. 4. Encroachment of Parking Area into Setback Appellants contend that parking in setbacks is prohibited by the PUD Design Guidelines. Appellants quote Section 8.3.c of the Design Guidelines which states, “Buildable Area. Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District. 357 Commission Memo Sundance Springs Appeal Appeal number 25769 11 | P a g e All construction other than landscaping improvements shall be limited to this buildable area.” (emphasis added) Bozeman Municipal Code, Section 38.540.010.A.5. states: No parking permitted in required front or side setbacks. Required parking spaces may not be located in any required front or side setback, except that detached single-household dwellings and townhouses, and two unit structures with physically separated individual drive aisles, may have one space located within a driveway area in the required front setback for each parking space located directly in front of the driveway area and outside of the required front setback. The code goes on to state in Section 38.540.010.A.6, BMC that “Parking is permitted within required rear setbacks.” As analyzed in section 7d. of the Director’s decision, this application conforms with the standards of the Bozeman Municipal Code and conforms with all elements of the Sundance Springs Covenants, per the direction provided in the Commission’s Findings of Fact for Appeal 23214. The Design Guidelines for the PUD outlined in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services property allow for “a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District”. The Bozeman Municipal Code expressly contemplates and allows for parking and parking-related encroachments into the rear setback. Lots within the subdivision are subject to Bozeman Municipal Code for the Neighborhood Service zone. As such, the rear setback for parking is 0 feet, and the proposed site design complies with minimum setbacks. 5. Residential Adjacency Appellants contend that the lot is residentially adjacent, due to the definition of Lots with residential adjacency found in Section 38.700.110.L, which defines “Lots with Residential Adjacency” as: A. Any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 2. A building site in a non-residential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; or 358 Commission Memo Sundance Springs Appeal Appeal number 25769 12 | P a g e 4. An artificial lot in a non-residential zoning district, if the lot is less than 200 feet from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district.” The Director concedes that the analysis found in the Director’s decision on Site Plan Application 25238 incorrectly asserted that there was no residential use adjacent to the subject property due to open space and public rights of way abutting the site. See p. 23 of the Director’s decision. Because this building site is in a non-residential zoning district (B- 1) and because the open space is zoned R-S, subsection A.2 of the definition of Lots with Residential Adjacency is applicable and should have been analyzed. Appellants noted the incorrect analysis of residential adjacency only in the context of the Site Plan Application’s compliance with parking lot landscaping requirements found in Division 38.550 of the BMC. However, residential adjacency also impacts the allowable level of site lighting under section 38.570.040.G.5. As discussed below, Site Plan Application 25238 does comply with parking lot landscaping requirements, but does not comply with site lighting requirements. First, the Site Plan Application’s landscaping plan shows that the parking lot for the site complies with the required screening for residentially adjacent lots as required by BMC 38.550.050.B.2. The plan shows a mix of Black Chokeberry, Common Snowberry, Dwarf Lilac, and Silverberry lining the areas of the parking lot which are residentially adjacent. These shrubs all have a minimum height of 4 feet and an adequate spread to ensure continuous screening, meeting dimensional requirements of the parking lot screening code section. So, while the City did not specifically review for compliance of the parking lot screening as residentially adjacent, the Landscaping Plan nevertheless shows the proposed design in full compliance with landscaping standards of BMC. The language within BMC 38.570.040.G.5 states, “All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way.” The intent of this code section is to prevent excessive lighting from trespassing from a commercial property onto a residential property. Given that this property is wholly surrounded by Open Space and public rights- of-way with intervening city parkland in some areas, the Director’s decision did not consider the lot residentially adjacent when analyzing the site plan for compliance with section 38.570.040 of the BMC. The site plan lighting depicted on Site Plan Application 25238 exceeds the 0.3 standard at the property line of the property, which is not in compliance with code standards when adjacent to residential. To remedy this error, the Commission should make findings that the site plan criteria requiring compliance with Article 5, specifically the requirements of section 38.570.040 of the Bozeman Municipal Code, was not met, create a new condition of approval to address the criteria that is not met, and approve the amended Conditional Approval of Site Plan Application 25238. Recommended language for a new condition of approval addressing the deficiency is as follows: 359 Commission Memo Sundance Springs Appeal Appeal number 25769 13 | P a g e Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 6. The Director’s Approval of Site Plan Application 25238 was not Pretextual Appellants allege the City’s approval of Site Plan Application 25238 was pretextual. City staff disagree. The complete May 19, 2023 letter to Brian Gallik is attached to this staff report to provide complete context for the sentence Appellants excerpted. This appeal staff report and the December 5, 2025 Director’s decision provide the detailed analysis documenting staff review and supporting the decision to conditionally approve Site Plan Application 25238 and rebut Appellants’ arguments that the review was pretextual. 7. Response to Appellant’s Request to Overturn the Director’s Decision The conclusion of Appellant’s Basis of Appeal asks the Commission to overturn the Director’s Decision on six grounds. The City responds to each briefly as follows, relying on the rationale and explanation provided throughout this staff report: 1. The Master Plan and Development Guidelines were the binding terms of the PUD when it was approved. STAFF RESPONSE: Pursuant to the Commission’s Findings of Fact on Appeal 23214, the Director must consider and apply the Development Guidelines found within the Sundance Springs Declaration of Covenants. The Director’s decision on Site Plan Application 25238 provides several pages of analysis regarding the application’s compliance with the PUD Design Guidelines. Throughout Appeal 223214, as in this appeal, Appellants argued that significant weight should be assigned to the Master Plan document. In articulating their Findings, no Commissioner relied upon or even mentioned the Master Plan document in making a determination on Appeal 23214. Site Plan Application was correctly analyzed for compliance with all applicable code standards as well as the requirements of the PUD Design Guidelines. 2. The 1996 Commission ordered that proposed uses be added to the Master Plan (condition of approval #29); upon final approval of the PUD, the proposed uses became final uses, which are binding. STAFF RESPONSE: The Master Plan does not prescribe final, binding land uses. Rather, the Master Plan is a conceptual document that provided examples of what could be proposed and approved in subsequent development applications. The City Commission considered Appellants’ arguments about the importance of the Master Plan in deciding Appeal 360 Commission Memo Sundance Springs Appeal Appeal number 25769 14 | P a g e 23214 and did not require compliance with the Master Plan in its Findings of Fact. 3. The Development Guidelines incorporate the 1992 Zoning Code by reference. Therefore, the requirements of the 1992 Zoning Code are enforced pursuant to BMC 38.440.030, BMC 38.440.050, and BMC 38.100.050.A. STAFF RESPONSE: The 1992 zoning codes are not applicable to Site Plan Application 25238. The City Commission previously considered which version of the zoning codes apply and expressly found that contemporary zoning codes, those in place at the time an application is deemed adequate for review, apply. Contrary to Appellants’ assertion that the 1992 zoning codes are applicable, the Sundance Springs Declaration of Covenants expressly directs lot owners to check with the City of Bozeman to ensure that the most recently adopted edition of any applicable regulation is being used to design buildings. See Covenant 8.2. Sections of the BMC cited by Appellants -- 38.440.030, BMC 38.440.050, and BMC 38.100.050.A -- do not support Appellants’ contention that the 1992 zoning codes are applicable. Rather, the BMC expressly states that zoning codes in place at the time an application is deemed adequate must be applied to a development application. See BMC 38.200.080.B. 4. The building and parking configuration disapproved by the Commission in 2024 continues to violate the Block Frontage Standards and remains ineligible for departure. STAFF RESPONSE: The building and parking configuration proposed in Site Plan Application 25238 is different from the site plan considered by the City Commission in Appeal 23214. The building configuration in Site Plan Application 25238 complies with block frontage standards as explained above in this staff report and in section 7a of the Director’s decision. The parking configuration is compliant with City code as explained in above this staff report and in section 7d. of the Director’s decision. Application 25238 requested no departures from code standards. 5. The differences between the proposed Site Plan and the conditions described in the Master Plan and Development Guidelines alter the character of the development and require amendment of the PUD before they can be approved. STAFF RESPONSE: Site Plan Application 25238 proposes commercial development in the area reserved by the PUD for its commercial node, consistent with the conceptual Master Plan. As documented in the 361 Commission Memo Sundance Springs Appeal Appeal number 25769 15 | P a g e Director’s decision, the Site Plan Application complies with all Building and Site Development Guidelines. No amendment of the PUD is required, no application to amend the PUD was submitted, and section 38.440.030 is inapplicable to Site Plan Application 25238. 6. The review was pretextual and therefore improper. STAFF RESPONSE: Staff categorically denies that the review was pretextual. Staff appropriately reviewed the application against all required regulations and the Design Guidelines with the professionalism afforded to every application. APPEAL OF THE ADMINISTRATIVE DECISION: The deadline for submission of an appeal application was December 19, 2025. On December 18, 2025, the Community Development Division received an appeal from Appellants, pursuant to Section 38.250.030 BMC, “Administrative project decision appeals.” Staff reviewed the appeal application materials and found that the application met all submittal requirements for processing the appeal. APPEAL PUBLIC NOTICE: Notice of the appeal hearing was completed in conformance with 38.220 BMC, “Applications and Noticing.” Notice was posted on the site and mailed to property owners within 200 feet. Notice was also made through a legal ad in the Bozeman Daily Chronicle. APPEAL PUBLIC COMMENT: The City has not received any public comment on this appeal application as of the date of this staff report. Public comment may be made up until the time that the City Commission closes public comments during the Public Hearing to be held on February 24, 2026. EVALUATION OF THE APPEAL: Authority of the City Commission under the Bozeman Municipal Code The City Commission has the authority to uphold, amend, or overturn the Director’s decision expressly in section 38.250.030.J, BMC. City Commission May Act as a Board of Adjustment The City of Bozeman does not have a Board of Adjustment as described in Montana Code Annotated section 76-2-321. Rather, the City Commission has reserved for itself the powers of a board of adjustments through Resolution 4419 in 2012. The City Commission may choose to exercise its powers as a Board of Adjustments6, separate from those expressly provided under the BMC. 6 Section 76-2-323, Montana Code Annotated provides: 362 Commission Memo Sundance Springs Appeal Appeal number 25769 16 | P a g e APPEAL PROCEDURE: The City Commission must comply with the procedures for appeal as set forth in section 38.250.030.I BMC. During the appeal, the Commission will first hear from the administrative staff who are required to give an “explanation of the application and nature of the appeal.” Next, the Appellant will have an opportunity to present its position. If requested, the landowner may then make a presentation. Then, the Commission will hear public comment regarding the appeal from any proponent or opponent. At the close of public comment, the Commission must consider the merits of the appeal, including considering motions, discussion, and taking a vote. During the process, no person making a presentation may be subject to cross-examination. However, Commission members and the City Attorney may ask questions for the purpose of eliciting information or clarifying information presented. UNRESOLVED ISSUES: None identified. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Uphold the Director’s conditional approval decision for Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25238 as written in her December 5, 2025 report. 2. Amend the conditional approval after making findings as to which of the criteria are met or not met, modify the conditions of approval, and approve the amended Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25238. 3. Overturn the Director’s decision. Find that the Director’s decision was in error, make alternative findings, and deny Sundance Springs Subdivision Commercial Lot 2 Application 25238. 76-2-323. Powers of board of adjustment. (1) The board of adjustment shall have the following powers: (a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any ordinance adopted pursuant thereto; (b) to hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance; (c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. (2) In exercising the above-mentioned powers, such board may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. 363 Commission Memo Sundance Springs Appeal Appeal number 25769 17 | P a g e FISCAL EFFECT: None other than standard effects related to processing applications. ATTACHMENTS: 23214 Appeal – submission materials and communications Selections of relevant codes from the 2025 Unified Development Code May 19, 2023 letter to B. Gallik from K. Rischke Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property Full application and file record: available to view by contacting the Community Development Division, 20 E. Olive, Bozeman, MT 59715. Please contact Zachary Moon at zmoon@bozeman.net or 406-582-2963 to make arrangements to view the file. 364 Findings of Fact and Order Sundance Springs Appeal Appeal number 23214 23214 Findings of Fact and Order Overturning the Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application 22047 Public Hearing: February 27, 2024 before the Bozeman City Commission Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole seeking to overturn the Director of Community Development’s (Director) administrative decision approving site plan application 22047. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Anna Bentley, Director of Community Development Brian Krueger, Development Review Manager Decision: Overturn the Director’s Conditional Approval of Site Plan 22047. (4-1) Report Date: May 13, 2024 On February 27, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal #23214 seeking to overturn the Director’s administrative decision approving a site plan application in the Sundance Springs subdivision, Application #22047. This appeal is for the specific application and it is not an appeal interpreting code generally applicable throughout the city. The Commission decided to overturn the Director’s decision. This document memorializes the alternative findings made by a majority of the Commission members in support of the decision to overturn the Director’s conditional approval of site plan application 22047. A video recording of the Commission hearing and the Commission’s decision is posted on the City’s website, found here. Consideration of this agenda item begins at 01:08:20 in the video. Minutes of the Commission meeting are also posted on the City’s website, found here. The City Commission first made the following motion, which failed 1-4: Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 345365 Page 2 of 3 Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Then, the Commission made the following motion, which passed on a 4-1 vote, overturning the Director’s decision: I move to overturn the decision of the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1B, Commercial Lot 2 Site Plan application number 22047. CITY COMMISSION’S FINDINGS: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047. 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022. 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 22047, is overturned. Dated this _______ day of _______________________, 2024 DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 May21st 346366 Page 3 of 3 BOZEMAN CITY COMMISSION __________________________________ TERRENCE CUNNINGHAM Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 347367 1 PROFESSIONAL SERVICES AGREEMENT (MSU Sewer Interceptor Improvements) THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and DOWL, LLC, Montana, (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: (See attached Exhibit C – Scope of Work) 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Kevin Johnson. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Kevin Johnson. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 147368 2 ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Kellen Gamradt. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8. Furnish 3 copies and an electronic copy of the Study and Report documents and review them in person with OWNER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 148369 3 The Pre-design Investigation Phase will be completed and submitted within 90 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 149370 4 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 150371 5 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 151372 6 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 152373 7 ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 153374 8 6.1 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. Cost shall include: a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal regulations (23 CFR 172) require a contract ceiling / upper limit in cost plus fixed fee contracts. b. Fixed Fee. Fix Fee is the negotiated fee and a set dollar amount in the agreement, including profit, of the Consultant. Up to the equivalent of percent of labor and overhead to the date of the invoice, the Consultant may claim partial payment of the Fixed Fee. If tasks within the Scope of Services are not completed, no Fixed Fee will be billed for those tasks. No Fixed Fee will be billed for construction engineering services that are not performed. Subject to the foregoing, the entirety of the Fixed Fee for tasks completed within the Scope of Services may be billed at Final Payment. c. Direct Costs. Direct costs shall be in conformance with 48 CFR Part 31, and the AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants. The Consultant certifies that any projected salary rate increases included in the Proposal are based on reasonably on the Consultant’s usual and customary practices. Prior written approval of the OWNER is required for overtime compensation. d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates that will be applied to this Agreement. Such notice is incorporated herein by the reference. The IDC rate and supporting documentation must be calculated and submitted in accordance with 23 CFR §172 using the cost principles of 48 CFR Part 31. The Consultant will establish the IDC rate based on the Consultant’s Accounting Period. In no event will the IDC rate cause an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted Certification of Indirect Costs. For purposes of compensation, the rights and obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each Subconsultant shall submit to the irrevocable commitment option specified by the Consultant. i. An Indirect Cost Rate is required, except when total compensation is less than or equal to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract labor and does not have a current, OWNER-accepted indirect costs rate or cognizant audit. ii. An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited indirect cost rate is acceptable. iii. An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines that an audited indirect cost rate is required. iv. In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as described in MDT’s Consultant Services Manual, if all parties agree. v. Due date. 1. Due date (Audited). If an audited indirect cost rate is required, within thirty (30) days of the date of an independent auditor’s report setting the consultant’s audited overhead rate, the new bona fide audited IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. a) Consultant will provide our current overhead rate that has an issuance date of 3/10/25. Annually, audits are received in March and turned into the cognizant Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 154375 9 agency for review within the grace period leading up to June 30th, for submittal with by June 30th with approval letter. 2. Due date (Unaudited). If an unaudited indirect cost rate is required, within thirty (30) days of its calculation, a bona fide IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. 3. At the OWNER’s sole discretion, the Consultant shall pay the OWNER liquidated damages at the rate of One Hundred Dollars ($100.00) per day for each day after the Due Date. vi. Effective date. 1. The IDC rate expires one (1) year after the end of the Accounting Period. 2. Before the end of the Grace Period, defined as six (6) months following the expiration of the IDC rate, the Consultant shall submit a new IDC rate. a) Consultant will provide a copy of our new audited rate to the City annually before June 30th each year. 3. An IDC rate submitted within the Grace Period is effective as the first day of the month following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period. 4. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 5. In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is not bona fide the rate will be effective on the date accepted and will not be retroactive. 6. Failure by the Consultant to provide an IDC rate, as required herein, may result in a One Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the Grace Period. vii. The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: 1. Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of any extension of the term of this Agreement, then the Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. 2. Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. viii. The Consultant may request exceptions to the requirements of this section on a case-by-case basis, and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 155376 10 Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals (Snr Mngr 5) $101.85/hour Engineer 9 $80.92/hour Engineer 8 (Proj. Manager) $72.62/hour Engineer 6 $66.15/hour Engineer 4 $56.62/hour Engineer 3 $50.15/hour Engineer 2 $45.23/hour CADD Drafter (Engr Tech 2) $37.23/hour Env. Specialist 9 $79.08/hour Env. Specialist 4 $30.77/hour GIS Specialist $46.77/hour Constr. Inspector (Field Rep. IV $55.08 /hour Clerical $30.77/hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 156377 11 and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 157378 12 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. ENGINEER represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 158379 13 service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 159380 14 The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 160381 15 Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 161382 16 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 162383 17 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/12/2025 DOWL, LLC Kevin Johnson 11/14/2025 163384 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and DOWL, LLC (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 164385 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 165386 3 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 166387 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and DOWL, LLC (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 11/14/2025 167388 2 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 168389 3 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 169390 4 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 170391 Exhibit C - Scope of Work – Phase 1 Page 1 of 7 Exhibit C – City of Bozeman – MSU Sewer Interceptor Improvements Scope of Work – Phase 1 Preliminary Engineering Project Description and Objectives The sewer interceptor project is comprised of approximately 11,000 feet of existing sewer main replacement from south of the intersection of W. Kagy Blvd. and S. Wilson Ave. to the intersection of W. Babcock and S. 9th Ave. Also included is a sewer main on Hoffman from S. Black Ave. to S. Tracy Ave. to Mason and then S. Wilson Ave. The existing interceptor route follows S. Wilson to W. College, to S. 4th, to W. Story Ave. to S. 6th Ave. to W. Babcock to the end of the project at S. 9th Ave. The project includes assessment of the conceptual sewer main sizes, evaluation of alternative routing of the interceptor out of Wilson Avenue, consideration of utilizing routes within existing streets scheduled for other infrastructure improvements and options for avoiding subsequent infrastructure impacts of existing routes where improvements were recently completed. Existing north-south corridors subject to future infrastructure improvements include S. Grand Avenue. Sections of the existing sewer interceptor route where the street was recently reconstructed include S. 6th Avenue from S. Story to S. Babcock. In addition to the sewer interceptor in S. Wilson Ave., this corridor also includes the original 6- inch sewer mains. The project considers replacement of these nearly 100-year old sewer mains from Mason Street to W. College Street. W. Kagy Boulevard from S. 19th Ave. to S. Wilson Ave. is scheduled for reconstruction to begin in the spring of 2027. Another goal of the project is to be completed with any work in W. Kagy before the end of 2026 to avoid any conflict with this reconstruction project on W. Kagy Blvd. 1.0 PHASE 1 – PRELIMINARY ENGINEERING The purpose of phase 1 is to review the proposed project presented in the Wastewater Facility Plan to refine the design parameters, complete a detailed assessment of the projected sanitary sewer flows, the influence of infiltration and inflow, review and assess risk of existing physical pipe conditions based on age and video inspection, evaluate alternative sewer interceptor routes and prepare a summary report of findings with recommendations for the final sewer interceptor design. 1.1 Flow Monitoring To collect additional existing flow rate information in the interceptor and/or connections to the interceptor, DOWL will assist the City with selecting additional flow monitoring locations. DOWL will collect the data periodically for use in comparison to the flows in the hydraulic model. Data collected in fall of 2025 and winter 25/26 will provide more data for the base sewer flows, less significant inflow and/or infiltration events. Additionally, flow monitoring values will aid in the project design and provide a basis for bypass pumping requirements during construction. The key times to monitor for the peak flows could vary from April through May depending on the weather and runoff conditions. For proposed bid dates in the spring of 2026, additional flow monitoring during the same time frame may still be useful for updating the model for wet flow Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 171392 Exhibit C - Scope of Work – Phase 1 Page 2 of 7 conditions and could warrant a late change in the design pipe diameters if the observed peak flows were significantly different than estimated. This scope includes consideration of several flow monitoring locations with sufficient monitoring time to capture the fall/winter base flows and the springtime peak flows during higher groundwater, snowmelt and rainfall events. • Deployment 1: Fall/Winter: 3 locations (1,2,3); two weeks • Deployment 2: Fall/Winter: 3 additional locations (4,5,6); two weeks • Deployment 3: Spring ’25; Locations (1,2,3); two weeks (or through significant event) • Deployment 4: Spring ’25; Locations (4,5,6); two weeks (or through significant event) City Responsibilities: • Coordinate with DOWL for the selected flow monitoring locations; • Provide any necessary instruction manuals or equipment/software required for retrieval of the flow data; • Install and remove the City owned flow meters; 1.2 Review and Refine Facility Plan Recommendations DOWL will review the existing facility plan recommendations and adjust or verify the recommendations as follows: 1.2.1 Review/Refine Existing Model Flow Information and Service Population Basis Initial facility plan and hydraulic model review and refinement will include the following: • Incorporate additional surveyed sewer rim and invert information collected along the existing interceptor route. • Check the record drawings to verify the lateral connections in the model match the records. • Review and input the base flow population and wastewater flow data provided by the City. • Incorporate additional flow monitoring data, initially for base/winter flows and later with peak, wet-weather flows. The intent is to proceed with design based on the conceptual sewer main sizing of the facility plan. If flows collected later suggest significantly different data, DOWL will consult with the City regarding possible changes to the interceptor design. City Responsibilities: • Provide current copy of the InfoWorks ICM sewer model. • Conduct a coordination meeting to discuss the relevant sewershed model inputs, known questions and needs for refinement of the model. 1.2.2 Sewer Video Inspection It is recommended the City complete updated sewer video inspections and recordings of the existing sewer interceptor for use in locating all lateral/service connections, Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 172393 Exhibit C - Scope of Work – Phase 1 Page 3 of 7 identifying possible storm water cross connections, and for assessing the condition of each pipe section for applicability of slip-lining if an existing pipe section(s) is determined to have sufficient capacity. City Responsibilities: • Collect and/or provided sewer video of identified sewer alignments no later than mid- December to allow review and verification of any unknown connections potentially affecting proposed alignment alternatives and assessment of eligibility for slip-lining where up-sizing may not be needed. 1.3 Evaluate Alternative Sewer Interceptor Routes The City has indicated that relocating the sewer interceptor out of Wilson Avenue and the reconstructed S. 6th Avenue corridor would be preferable, if there are feasible alternative routes. One option is to relocate portions of the interceptor into Grand Avenue, one block west of Wilson Avenue. In consideration of alternative interceptor route analysis, DOWL will consider the topographical conditions, depth of interceptor, elevation of start/stop connection points, and service/lateral line connections. 1.3.1 Existing Design Conditions (The following is background information used as the basis for development of this scope.) • Topography west from Wilson is adverse grade (i.e. uphill) from S. Wilson Ave. to S. Grand Ave. • At Lincoln St., the elevation gain from S. Wilson to S. Grand is over 10’ requiring a sewer over 18’ deep at W. Lincoln St. and S. Grand Ave. • At Grant St., the elevation gain from S. Wilson to S. Grand is approximately 7’, requiring a sewer interceptor depth of approximately 15’ at Grant St. and S. Grand Ave. • At Hayes St., the elevation gain from S. Wilson to S. Grand Ave. is approximately 6’, requiring a sewer interceptor depth of approximately 11’ at Hayes St. and S. Grand Ave. • At W. Garfield St., the elevation gain from S. Wilson to S. Grand Ave. is approximately 7’ requiring a sewer interceptor depth of approximately 12’ at W. Garfield and S. Grand Ave. • At Arthur St. the elevation gain from S. Wilson to S. Grand is approximately 2’, requiring a minimum sewer interceptor depth of approximately 7.2’ at W. Arthur St. and S. Grand Ave. Thus, routing the sewer interceptor to the west from Wilson would result in a deep sewer at the intersection of W. Grant St. and S. Grand Ave. . However, once the sewer main is routed north the ground surface drops rapidly to the north. For instance, from Grant St. to Hayes St. on S. Grand Ave. the ground surface elevation drops 8’. The sewer Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 173394 Exhibit C - Scope of Work – Phase 1 Page 4 of 7 interceptor depth would be decreasing in depth for a block and then achieve an optimal design grade by the end of the first block of around 8’ bury to be below water main crossings. Routing the interceptor away from Wilson farther to the north (i.e. on Hays or Garfield) would decrease the amount of deep sewer with each block farther north but leave more of the interceptor in S. Wilson Ave. S. Grand includes an existing sewer main and associated services that could all potentially be replaced by connecting to the new sewer interceptor. The next challenge of an alternative interceptor route is then selecting a route intermittently west and north to ultimately catch grade at the tie in location at W. Babcock and S. 9th Ave. Extending the interceptor past College on Grand results in a deep sewer once the main is turned west, as every 1,000 feet west adds approximately 3.5’ of depth (depending on pipe size) while the ground surface to the west remains nearly the same. It is necessary to turn the main to the north for several blocks for every two to three blocks routing west, or the interceptor becomes too deep (>12’). At a minimum, it appears possible to get the interceptor out of Wilson onto Grand, at least to College Ave. Following the existing route west to 4th, to Story, and then diverting to avoid a north run within 6th Avenue appears a greater challenge to avoid excessively deep sewers before reaching S. 8th or S. 9th to turn north to the tie in on W. Babcock. 1.3.2 Alternative Route Evaluation The proposed scope for evaluation of alternative routes includes the following: • To assess the feasibility of these alternative routes, it is proposed in this scope of work to collect the necessary rim and invert elevations for two alternative routes, develop conceptual alignment and grade drawings, determine the required depths for constructability, assess challenges crossing or connecting other existing sewers, and identify other utility conflicts such as storm mains potentially in conflict. • Alternative Route #1 (Realign from S. Wilson Ave.): This route would utilize S. Grand Ave. from W. Grant St. to W. College St. and then follow the existing alignment, including down S. 6th Ave. This option would remove nearly all of the interceptor from S. Wilson Ave. but otherwise follow the existing alignment from W. College S. • Alternative Route #2 (Realign from S. Wilson Ave. and avoid S. 6th Ave corridor): This route would also utilize S. Grand Ave to W. College St. and S. 4th Ave before deviating from the existing alignment to avoid impacts to the S. 6th Ave. corridor. (S. Wilson Ave. – W. Grant St – S. Grand Ave. – W. College St – S. 4th Ave – W. Story St. – S. 5th Ave. – W. Koch St. – S. 8th Ave. – W. Curtiss St – S. 9th – W. Babcock). Each alternative will warrant review in the hydraulic model to account for changes in slope, pipe size adjustments and possible additional flow contributions from additional connections where existing sewer would be crossed and possibly connected to the interceptor. In some cases, this could result in capture of flows currently flowing into a different sewer basin. Note, these alternative routes will result in one or more sections of deeper sewer. Evaluation of the options will need to incorporate a maximum allowable depth, as agreed upon with the City. Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 174395 Exhibit C - Scope of Work – Phase 1 Page 5 of 7 1.4 Wetlands Delineation and Permitting A small section of the sewer main replacement between Tracy and Mason traverses the old railroad grade with apparent wetlands on both sides of the elevated embankment. If permanent impacts to waters of the United States, including wetlands, are unavoidable and exceed the United States Army Corps of Engineers (USACE) Pre-Construction Notification threshold of 0.10 acre, permitting would be required under Section 404 of the Clean Water Act. However, impacts are anticipated to be minimal and/or temporary, and may not exceed the threshold. If permitting is required, a Nationwide Permit 58 (NWP) would likely cover the scope of work. The corresponding NWP and Clean Water Act Section 401 stipulations would define the avoidance or minimization measures necessary to protect aquatic resources. The scope of work for addressing these potential wetlands includes a wetland delineation to identify and quantify the possible impacts, review of available NWP in effect and applicable to the project, and development of any associated USACE and/or MDEQ permit or notifications required in relation to the potential wetlands impacts. If the scope of work is within the USACE- defined thresholds and conditions defined by USACE and MDEQ for NWP 58, a compliance memorandum would be provided to the City of Bozeman for reference. 1.5 Preliminary Survey The design survey will be completed as follows: 1.5.1 General: The time available for completion of survey before snow conditions inhibit visibility could be relatively short. DOWL proposes to initiate topographic survey and verification of sewer depths immediately upon notice to proceed. DOWL will mobilize to complete the survey as quickly as possible, depending on the selected survey approach. The most efficient and cost-effective approach DOWL has implemented for water/ sewer rehabilitation is to rely primarily on aerial imagery to capture most of the needed surface features. The existing City of Bozeman aerial imagery provides a high level of detail sufficient to provide adequate detail for design of the sewer replacement and restoration requirements. Conventional survey is still needed in either case for setting permanent project control points, shooting existing sanitary sewer manhole (SSMH) lids, and manhole measure-downs (or invert GPS shots) for precise pipeline invert data. Additional field topography will be required to collect the utility data as the locate companies and utility owners are able to get the marks on the ground. Recently, the utility locate companies have cited work load and availability issues as reasons for not being able to accommodate timely locate demands. We anticipate additional field survey will be required to pick up utility marks as the locators are able to get the marks on the ground. The field survey will be primarily focused on locating the existing sewer and other underground utilities. The City’s aerial imagery and LiDAR data will be used to identify existing ground surface and above-ground features that are outside of the sewer alignment. This approach will allow for more time and focus to be spent on the below- ground infrastructure. Where the sewer alignment crosses curbs, roundabouts, and Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 175396 Exhibit C - Scope of Work – Phase 1 Page 6 of 7 other features, a detailed topographic survey will be collected to direct surface restoration. Conventional survey data will also be used to verify the accuracy the aerial imagery and LiDAR. Survey data will be collected using high-quality GNSS receivers with IMU tilt to allow for inverts to be collected directly. Measure-downs will be collected as well to verify rim to pipe elevations. All survey work conducted in roadways will be done as a two-person crew with appropriate signage to ensure a safe work environment. Utility locates will be placed in blocks to allow locators ample time to complete a section before the survey crew is in that area, to reduce missed utilities due to delays between locator companies. Existing utilities include but are not limited to parallel sanitary sewer, potable water, water and sewer services, natural gas, fiber-optic cable, telephone, TV, electric, and storm water. In order to maximize reproducibility and accuracy, the survey will be in the Bobcat Low Distortion Projection (LDP) per the Rocky Mountain Tribal Coordinate Reference System on the North American Vertical Datum of 1988 (NAVD88) using the MTSU Continuously Operating Reference Station as a base. A control point network of approximately seven (7) control points will be established for design and construction. The attached figure depicts the anticipated control point network that will be provided as part of the construction documents. This control network will allow contractors and subsequent surveyors to check into the project system with GNSS devices in areas with adequate sky-view. 1.5.2 Phase 1 Survey: The scope of survey for the first phase includes the following: • Collection of rim and invert elevation data for the existing sewer interceptor for the full length of the existing alignment from south of Kagy to the end manhole at S. 9th Ave and W. Babcock. • Collection of rim and invert elevation for the additional existing 6-inch sewer manholes within S. Wilson Avenue from Mason Street to W. College. • Collection of rim and invert elevation data for the existing sewer main on S. Grand Ave. from W. Lincoln St. to W. College (Alt. Route #1). • Collection of rim and invert elevation data corresponding to Alternative Route #2. • Establishment of approximately seven survey control points across the anticipated project area. Additional topographic and utility survey will be delayed until a final route is selected and the design survey scope adjusted accordingly. 1.6 Preliminary Engineering Report and Recommendations DOWL will summarize the evaluations in a Preliminary Engineering Report with recommendations for the interceptor routing and pipe sizing. Phase 1 deliverables will include the following: • Summary of evaluations and findings; • Recommended sewer interceptor improvements including projected flows, proposed alignment(s) and sewer main sizing; o Conceptual Plan and Profile sheets for each alternative alignment; Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 176397 Exhibit C - Scope of Work – Phase 1 Page 7 of 7 • Engineer’s opinion of probable construction cost (Class 4 Estimate -30% to +20%). • Draft and final reports Upon the City’s approval of the preferred alternative, DOWL will proceed with the scoping of the project design and permitting scope and fee amendment. Additional services will include utility survey and limited topographic survey, geotechnical investigation, permitting, preliminary and final design and bid phase services. 2.2 Project Management Project management includes project planning, staff and resource coordination, schedule development and management, budget control, and monthly progress reporting. Phase 2 deliverables will include the following: • Project schedule • Monthly invoice and project progress reports • Periodic coordination meetings and minutes Proposed Project Schedule: • Contract Authorization: November 10, 2025 o 1.2 Review/Refine Model and Design Criteria: Nov 10 – Nov 25 o 1.2.2 Review City sewer video; laterals, condition: By Dec 15 o 1.3 Interceptor Route Alternatives: Nov 24 – Dec 19 o 1.4 Wetlands Delineation: (week of Oct-20-2025) ▪ 1.4 Permitting: Nov – Jan ‘26 o 1.5 Survey: ▪ Existing interceptor; 6” Sewer on Wilson, Grand Ave, control survey: Nov 10 – Nov 18 ▪ Alt. Route #1: Nov 19 - 21 ▪ Alt. Route #2: Nov 24 – 25 ▪ Alt. Route #3: TBD o 1.6 Preliminary Engineering Report ▪ Draft: Dec 8 – Jan 9, 2026 ▪ Final: Jan 16 – Jan 23, 2026 o Misc Tasks: ▪ Flow monitoring assistance and data retrieval: Nov – Dec; April – May, ‘26 Compensation See Attachment 1 – Breakdown of Costs Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 177398 #REF! 0 PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Phase 1) Total Non-Contingency Hours 907.41 Total Non-Contingency Labor Costs 139,272.61$ Total Non-Contingency Direct Expenses 715.00$ Total Non-Contingency Cost Amount: 139,987.61$ 20,890.91$ Profit Summary by Firm Firm Cost NTE Amount Firm Profit Amount Prime DOWL, LLC 139,987.61$ Prime 20,890.91$ 160,878.52$ Sub 1 [Enter Subconsultant 1's Name]-$ Sub 1 -$ -$ Sub 2 [Enter Subconsultant 2's Name]-$ Sub 2 -$ -$ Sub 3 [Enter Subconsultant 3's Name]-$ Sub 3 -$ -$ Sub 4 [Enter Subconsultant 4's Name]-$ Sub 4 -$ -$ Sub 5 [Enter Subconsultant 5's Name]-$ Sub 5 -$ -$ Sub 6 [Enter Subconsultant 6's Name]-$ Sub 6 -$ -$ Sub 7 [Enter Subconsultant 7's Name]-$ Sub 7 -$ -$ Note: CPFF compensation may not be used if prime Consultant has Negotiated Billing Rates (NBRs). Subs may use NBRs and are included in the Total Cost NTE; however, NBRs already include profit. Therefore NBR-subs are not part of the profit or Fixed-Fee calculation. Section A: Total Contract/WOC or Amendment NTE Amount This total includes - a) Non-contingency amount [all allowable costs and expenses, NBR subconsultant costs (if applicable), profit or Fixed-Fee amount]; and b) Contingency amount, if any [the total cost, expenses and profit for contingency tasks, each of which must be authorized by Agency]. Section B: Non-Contingency Cost and Profit Summaries Summary/Dashboard of Budgeted Costs & Profit (or Fixed Fee for CPFF Compensation) 160,878.52$ Total Cost & Profit by Firm Non-Contingency Cost Totals (Prime & Subs) Non-Contingency Cost Summary by Firm Profit Total (or Fixed Fee Amount for CPFF): Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 178399 BUDGET MULTIPLIERS BILLING RATE MULTIPLIERS 7 13 15 13 14.00$ 15 15 % of budget in Curr. Year (CY)100% Accepted Overhead 176.44% % of budget in CY+1 0% FCCM 0.00% % of budget in CY+2 0% Negotiated Profit 15.00% % of budget in CY+3 0% Annual Escalation Rate 0.00% Weighted Escal'n Factor 1.000 Detailed Instructions are on the Instructions tab. DOWL, LLC DOWL, LLC Job Classifications (Provide names if requested and for Key Persons)Engr 9 (Swenson )Engr 8 (Johnson )Engr 6 (Yakawich )Engr 6 (Stod)Engr 4 (Jones)Eng 3 (Genay)Engr 2 (Stewart)GIS Specialist (Lewis)Engr Tech 2 (Biegler)Env. Specialist 9 (Peterson)Env. Specialist 4 (Sapp)1 TASK 1 NAME (Preliminary Engineering)0 75 172 0 12 279 90 0 84 50 8 56 0 826 44,718.37$ 78,901.10$ -$ 715.00$ 124,334.47$ 18,542.94$ 826 44,718.37$ 78,901.10$ -$ 715.00$ 124,334.47$ 18,542.94$ 142,877.41$ 89% 1.1 Flow Monitoring Coordination; Data Retrieval 8 20 28 1,532.20$ 2,703.41$ -$ 4,235.61$ 635.34$ 28 1,532.20$ 2,703.41$ -$ -$ 4,235.61$ 635.34$ 4,870.95$ 3%1.2 Review/Refine Facility Plan Recommendations 6 6 454.42$ 801.78$ -$ 1,256.20$ 188.43$ 6.25833 454.42$ 801.78$ -$ -$ 1,256.20$ 188.43$ 1,444.63$ 1%1.2.1 Review/Refine Extg. Model Flow Info and Service Pop. Basis 6 4 12 12 34 1,941.22$ 3,425.09$ -$ 5,366.31$ 804.95$ 34.2583 1,941.22$ 3,425.09$ -$ -$ 5,366.31$ 804.95$ 6,171.26$ 4% Incorporate Survey Rim and Invert Data 20 20 904.60$ 1,596.08$ -$ 2,500.68$ 375.10$ 20 904.60$ 1,596.08$ -$ -$ 2,500.68$ 375.10$ 2,875.78$ 2% Record Drawing and Lateral Review 6 8 8 22 1,384.82$ 2,443.38$ -$ 3,828.20$ 574.23$ 22.2583 1,384.82$ 2,443.38$ -$ -$ 3,828.20$ 574.23$ 4,402.43$ 3% Review base flow inputs and flow allocations 4 4 8 445.52$ 786.08$ -$ 1,231.60$ 184.74$ 8 445.52$ 786.08$ -$ -$ 1,231.60$ 184.74$ 1,416.34$ 1% Incorporate flow monitor data - Spring/wet weather (fnl design)0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%Incorporate flow monitor data - Winter/dry weather (fnl design)0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.2.2 Review Sewer Video; lateral connections; cond. assess. & document 6 4 16 26 1,521.42$ 2,684.39$ -$ 4,205.81$ 630.87$ 26.2583 1,521.42$ 2,684.39$ -$ -$ 4,205.81$ 630.87$ 4,836.68$ 3% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.3 Evaluate Alternative Interceptor Routes 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Alt Route #1- Conceptual P&P Drawings 6 24 60 30 120 6,167.92$ 10,882.68$ -$ 17,050.60$ 2,557.59$ 120.258 6,167.92$ 10,882.68$ -$ -$ 17,050.60$ 2,557.59$ 19,608.19$ 12% Alt Route #1- Sewer model analyses 6 8 24 38 2,069.14$ 3,650.79$ -$ 5,719.93$ 857.99$ 38.2583 2,069.14$ 3,650.79$ -$ -$ 5,719.93$ 857.99$ 6,577.92$ 4%Alt Route #2- Conceptual P&P Drawings 6 24 16 20 66 3,589.02$ 6,332.47$ -$ 9,921.49$ 1,488.22$ 66.2583 3,589.02$ 6,332.47$ -$ -$ 9,921.49$ 1,488.22$ 11,409.71$ 7%Alt Route #2- Sewer model analyses 6 8 30 44 2,340.52$ 4,129.61$ -$ 6,470.13$ 970.52$ 44.2583 2,340.52$ 4,129.61$ -$ -$ 6,470.13$ 970.52$ 7,440.65$ 5% Alt Route #3- Conceptual P&P Drawings 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Alt Route #3- Sewer model analyses 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%Utility conflict review (coord. w/ NW Energy)6 4 15 25 1,471.27$ 2,595.91$ -$ 4,067.18$ 610.08$ 25.2583 1,471.27$ 2,595.91$ -$ -$ 4,067.18$ 610.08$ 4,677.26$ 3%Alternative cost estimates 6 16 16 38 2,315.22$ 4,084.97$ -$ 6,400.19$ 960.03$ 38.2583 2,315.22$ 4,084.97$ -$ -$ 6,400.19$ 960.03$ 7,360.22$ 5% Alt. eval summary descriptions and conclusions 6 24 16 46 2,844.42$ 5,018.69$ -$ 7,863.11$ 1,179.47$ 46.2583 2,844.42$ 5,018.69$ -$ -$ 7,863.11$ 1,179.47$ 9,042.58$ 6% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%1.4 Wetland Delineation & Permitting 0 -$ -$ -$ 262.50$ 262.50$ -$ 0 -$ -$ -$ 262.50$ 262.50$ -$ 262.50$ 0%Field Delineation 8 8 388.96$ 686.28$ -$ 1,075.24$ 161.29$ 8 388.96$ 686.28$ -$ -$ 1,075.24$ 161.29$ 1,236.53$ 1% Permit/Notification Preparation 40 40 1,944.80$ 3,431.41$ -$ 5,376.21$ 806.43$ 40 1,944.80$ 3,431.41$ -$ -$ 5,376.21$ 806.43$ 6,182.64$ 4% Regulatory Correspondence 8 8 16 1,021.60$ 1,802.51$ -$ 2,824.11$ 423.62$ 16 1,021.60$ 1,802.51$ -$ -$ 2,824.11$ 423.62$ 3,247.73$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%1.5 Survey - Phase 1 - Prep and office time 12 8 20 975.96$ 1,721.98$ -$ 452.50$ 3,150.44$ 404.69$ 20 975.96$ 1,721.98$ -$ 452.50$ 3,150.44$ 404.69$ 3,555.13$ 2% Rim/invert - Extg interceptor alignment 2 16 16 34 1,683.02$ 2,969.52$ -$ 4,652.54$ 697.88$ 34 1,683.02$ 2,969.52$ -$ -$ 4,652.54$ 697.88$ 5,350.42$ 3% Rim/invert - 6" sewer on S. Wilson 2 16 16 34 1,683.02$ 2,969.52$ -$ 4,652.54$ 697.88$ 34 1,683.02$ 2,969.52$ -$ -$ 4,652.54$ 697.88$ 5,350.42$ 3%Rim/Inverts - S. Grand Ave.2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3%Rim/Inverts - Alt. Route #1 2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3% Rim/Inverts - Alt. Route #2 2 12 12 26 1,295.34$ 2,285.50$ -$ 3,580.84$ 537.13$ 26 1,295.34$ 2,285.50$ -$ -$ 3,580.84$ 537.13$ 4,117.97$ 3% Rim/Inverts - Alt. Route #3 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% Set Project Survey Control 2 8 8 18 907.66$ 1,601.48$ -$ 2,509.14$ 376.37$ 18 907.66$ 1,601.48$ -$ -$ 2,509.14$ 376.37$ 2,885.51$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 1.6 Preliminary Engineering Report 6 24 24 54 3,245.62$ 5,726.57$ -$ 8,972.19$ 1,345.83$ 54.2583 3,245.62$ 5,726.57$ -$ -$ 8,972.19$ 1,345.83$ 10,318.02$ 6% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0%2 Project Management 12 49 8 0 0 8 4 0 0 0 0 0 0 81 5,662.40$ 9,990.74$ -$ -$ 15,653.14$ 2,347.97$ 81 5,662.40$ 9,990.74$ -$ -$ 15,653.14$ 2,347.97$ 18,001.11$ 11% 2.1 Project Management (Scope/Sched/Bdgt/work plan management)41 41 2,999.16$ 5,291.72$ -$ 8,290.88$ 1,243.63$ 41.305 2,999.16$ 5,291.72$ -$ -$ 8,290.88$ 1,243.63$ 9,534.51$ 6% 2.1.1 Team/City Coord Meetings 8 8 8 4 28 1,692.20$ 2,985.72$ -$ 4,677.92$ 701.69$ 28 1,692.20$ 2,985.72$ -$ -$ 4,677.92$ 701.69$ 5,379.61$ 3% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 2.2 Senior Review/QC 12 12 971.04$ 1,713.30$ -$ 2,684.34$ 402.65$ 12 971.04$ 1,713.30$ -$ -$ 2,684.34$ 402.65$ 3,086.99$ 2% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 0 -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ 0.0% 21 TOTAL Non-Contingency 12 124 180 0 12 287 94 0 84 50 8 56 0 907 50,380.77$ 88,891.84$ -$ 715.00$ 139,987.61$ 20,890.91$ 907.405 50,380.77$ 88,891.84$ -$ 715.00$ 139,987.61$ 20,890.91$ 160,878.52$ 160,878.52$ Color Legend Green-highlighted cells are totals or subtotals. Orange-highlighted cells are for NBR entries only. Blue text indicates guidance/notes for end-user. Yellow-highlighted cells are for data entry.Total CostDirect ExpensesHoursValues will be 0 if a firm uses Negotiated Billing Rates (NBRs); otherwise use applicable Overhead and FCCM,. Direct Expenses % of Total Non-Contingency Labor CostsEscalated Direct Labor or NBR $OverheadFCCMProfit (or Fixed Fee amount for CPFF)Breakdown of Costs - Dated: October 15, 2025 HoursEscalated Direct Labor or NBR $Total CostFCCMProject Summary Cost + Profit or Fixed Fee PROJECT NAME: City of Bozeman; MSU Sewer Interceptor (Phase 1) NON-CONTINGENCY TASKS/DELIVERABLES Unhide rows to assign Subtasks and Hide any unused rows.Profit (or Fixed Fee amount for CPFF)OverheadCost + Fee or Profit = Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 179400 If using any second or lower tier subs, identify name, Tax ID No., DBE status, and dollar amount for each. If firm is using their Social Security Number, just enter "SSN" and do not enter the actual number. Task # Description Basis of Estimate Qty.Unit Price Amount Include enough detail for the reader to understand how the estimate was determined. 1.2 Sample Entries for Instructional Purposes Only $977.50 $0.00 $0.00 $0.00 2.3.1 Sample Entries for Instructional Purposes Only $977.50 $0.00 $0.00 1.4 Wetland Delineation $262.50 Per Diem 1 $60.000 $60.00 Mileage 150 $1.35 $202.50 2 Survey $452.50 Survey Supplies Stakes, rebar, control equipment, paint 1 $250 $250.00 Mileage 15 days x 10 miles 150 $1.35 $202.50 3 [Subtask Name]$0.00 $0.00 $0.00 $0.00 (For more subtask entries, unhide rows 73 to 132; Insert additional rows if needed under for a given subtask)$715.00 Consulting Firm: DOWL, LLC Complete a separate Expense Detail sheet for Prime and each subconsultant, as needed. Totals must be manually entered or linked into the BOC worksheet. Insert rows as needed. NON-CONTINGENCY TASKS/DELIVERABLES For subtasks that include ODCs, enter subtask number and name to correspond with associated subtask in Breakdown of Costs sheet. TOTAL Non-Contingency 10/29/2025 3:51 PM Docusign Envelope ID: 071EA9CD-3CE1-43AB-B414-2506C75951F1 180401