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HomeMy WebLinkAbout06-16-2026- City Commission Agendas & 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. Approval of Minutes THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 16, 2026 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. Adaptive listening devices and handheld microphones are available for use by audience members upon request. How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozemanmt.gov 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 and oral comments are usually limited to three (3) minutes. 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.1 Approval of Regular City Commission Meeting Minutes from January 13, 2026 (Maas) G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Commission Ratification of Revised Bylaws for Inter-Neighborhood Council (Kiely) G.3 Authorize the City Manager to Sign a Professional Services Agreement with Kittelson and Associates for the Safe Streets and Roads for All (SS4A) Safety Action Plan (SAP) Project(Giannetti) G.4 Authorize the City Manager to Sign a Professional Engineering Services Agreement with Allied Engineering for an Environmental Review and Infrastructure Design of the Family Promise Water Line(Fontenot) G.5 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with DB Groundwater and Environmental LLC for the Municipal Groundwater Supply Project(Heaston) G.6 Authorize City Manager to Sign Amendment 3 with Sanbell for the Fowler Avenue Connection Project(Murray) G.7 Authorize the City Manager to Sign Task Order 6 of the Professional Services Master Task Order Agreement with the Firm of HDR Engineering, Inc. Providing for East Gallatin River Water Quality Sampling and Analysis(Heaston) H. Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance for the Final Adoption of a Zoning Designation of R-B, Residential Mixed-Use Low- Medium District, in Association of 9.979 Acres, the Hanson Lane Annexation, Located North of Durston Road, West of New Holland Drive, and East of Hanson Street, Application 25775(Mieras) I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Consider the Motion: I move to approve the regular meeting minutes as submitted. Public comment on items within the Consent Agenda will be called for prior to the City Commission vote for approval. Oral comments are usually limited to three (3) minutes. Public comment on items within the Consent II Agenda will be called for prior to the City Commission vote for approval. Oral comments are usually limited to three (3) minutes. This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three (3) minutes. 2 J. Action Items J.1 Ordinance Provisionally Adopting A Text Amendment to Revise Division 38.330 (Wireless Facilities), Section 38.710.160 (Submittal Materials for Telecommunications), and Division 38.800 (Definitions) within Chapter 38 of the Bozeman Municipal Code, Application 26074(Minnich) K. Work Session K.1 Engagement Framework Update Work Session(Clark) L. FYI / Discussion M. Adjournment Written comments can be located in the Public Comment Repository. Public comment on all action items will be called for prior to the City Commission making a motion or conducting discussion. Oral comments are usually limited to three (3) minutes. Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 26074, and move to provisionally adopt the ordinance. Public comment on all work sessions will be called for prior to the City Commission conducting discussion. Oral comments are usually limited to three (3) minutes. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Cola Rowley, Assistant City Manager Chuck Winn, City Manager SUBJECT:Approval of Regular City Commission Meeting Minutes from January 13, 2026 MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the regular meeting minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozemanmt.gov for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. 4 Attachments: 01-13-26 City Commission Meeting Minutes.pdf Report compiled on: June 3, 2026 5 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 13, 2026 Present: Jennifer Madgic, Douglas Fischer, Emma Bode, Alison Sweeney Absent: None Excused: Joey Morrison Staff at the Dias: Assistant City Manager (ACM) Jon Henderson, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:03:04 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:30 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:05:07 Changes to the Agenda • ACM Henderson noted the Granicus Platform glitch that disappeared Public Comment from the agenda and assured everyone that the Commission will take Public Comment. • ACM Henderson clarified the appointment to the Community Development Board on tonight's agenda. 00:06:17 Motion to approve: I move to excuse the absence of Mayor Morrison from the meeting this evening. Alison Sweeney: Motion Emma Bode: 2nd 00:06:25 Vote on the Motion to approve: I move to excuse the absence of Mayor Morrison from the meeting this evening. The Motion carried 4 - 0. Approve: Jennifer Madgic Douglas Fischer 6 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 2 of 6 Emma Bode Alison Sweeney Disapprove: None D) 00:06:48 FYI • Commissioner Sweeney noted significant public comment on the height in B-3 within the Unified Development Code. • Commissioner Sweeney elevated a written public comment about the Northern Development. • ACM Henderson announced the Walk Move Audit with Ability Montana from 1 to 4 pm on Wednesday, January 14th to discuss improving accessibility in Bozeman. • ACM Henderson shared upcoming Bikefill Workshops on Wednesday at the Sub, and at Gallatin Highschool on Thursday from 6-8 pm. • 2026 Emerging Trends in Real Estate Thursday, 9 to 11 am at the Baxter. • Joint Fire/Police swearing in Ceremony Thursday, January 15 at 4 pm in the Community room at the Bozeman Public Safety Center. E) 00:13:36 Commission Disclosures There were no Commission disclosures. F) 00:13:50 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Professional Services Agreement with WGM Group, Inc, for Wetland Consulting Services for Development Review WGM Group_PSA Engineering Term Contract_FINAL.pdf F.3 Authorize the City Manager to Sign a Professional Services Agreement with Naiad, LLC., for Wetland Consulting Services for Development Review Naiad Aquatic_PSA Engineering Term Contract_FINAL.pdf F.4 Authorize the City Manager to Sign Task Order 2 of the Professional Services Agreement with Clear Route Real Estate, LLC. Task Order 2 Proposal_2025-12-18.pdf F.5 Resolution for the Certification of Delinquent City Assessments to the County Resolution -Certification of Delinquent 1st half-FY26.docx F.6 Resolution for the Intent to Create a Special Improvement Lighting District 794 for Jarrett Subdivision Phase 1 Resolution 2026-XX Intent to Create SILD 794.docx Exhibit A.pdf Exhibit B.pdf 7 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 3 of 6 F.7 Resolution, Adoption of the 1727 Kenyon Drive Annexation, Annexing 0.903 acres, Application 25051 25051 1727 Kenyon Drive Annexation Resolution 2026-_____.pdf 002_A802_Proposed Annexation Plan.pdf 25051 1727 Kenyon Drive Annexation Agreement Not Signed.pdf F.8 Resolution, Adoption of the 1519 Alder Court Lane Annexation, Annexing 0.44 acres Including the Adjacent Right-of-Way. The Property is Addressed as 1519 Alder Court Lane, Application 24428 24428 1519 Alder Court Res.pdf 001-ANNX-1-Annexation Exhibit.pdf 24428 1519 Alder Court Annex Agreement Not Signed.pdf F.9 Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-1, Residential Low-Density District, in Association with the Annexation of 0.903 Acres, the 1727 Kenyon Drive, Application 25051 25051 1727 Kenyon Drive Ordinance 2026-_____.pdf 004 - A804 - PROPOSED ZONING MAP.pdf F.10 Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential High-Density District, in Association with the Annexation of 0.44 Acres, the 1519 Alder Court Lane, Application 24428 24428 1519 Alder Court Ord.pdf 001.1-ZMA-1-Zoning Map Exhibit.pdf 00:14:03 ACM Henderson introduced the Consent Agenda. 00:14:21 Public Comment on Consent There was no public comment on Consent. 00:15:03 Motion to approve: I move to approve Consent Items F.1 through F.10 as submitted. Emma Bode: Motion Jennifer Madgic: 2nd 00:15:08 Vote on the Motion to approve: I move to approve Consent Items F.1 through F.10 as submitted. The Motion carried 4 - 0. Approve: Jennifer Madgic Douglas Fischer Emma Bode Alison Sweeney Disapprove: None 00:15:25 Public Comment on Non-Agenda Items 00:16:07 Mary Bateson commented on the height limits in B3 zones. 00:18:03 Anthony Smith commented on police history in Bozeman. 8 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 4 of 6 00:21:35 Daniel Carty commented on the 90 ft building height in B3 zoning. 00:24:10 David Loseth commented on workforce housing in Gallatin Gateway. 00:27:25 Natsuki Nakamura commented on affordable housing tools. 00:30:36 Jim Webster commented on the height in B3 zoning. 00:34:13 Zehra Osman commented on the building height in B3 zoning. G) 00:37:02 Work Session G.1 College St 8th to 11th Renovation Work Session Continued College St Preliminary Design.pdf 00:37:06 ACM Henderson introduced the Work Session. 00:37:44 Director of Transportation and Engineering Nick Ross presented the Work Session. College St. 8th to 11th, Project Vision, Goals and Background, Proposed Scope of Final Design, Review of Project for Commissioner Sweeney who is new to the Commission, Q & A with Staff and Commission Direction. 00:51:44 Questions of Staff 01:17:25 Public Comment on the Work Session 01:17:46 Jim Webster commented on the Community Walk, and complimented staff and Commission. 01:18:34 Gracie Caldwell commented on the project’s impacts for MSU students 01:19:42 Discussion H) Appointments H.1 01:38:39 Appointments to the Community Development Advisory Board Community Development Board for Agenda.pdf 01:39:03 Motion to appoint: I move to appoint up to Lauren Mitro to the Community Development Board for a term ending December 31, 2027. Jennifer Madgic: Motion Alison Sweeney: 2nd 01:39:30 Public Comment 01:39:54 Vote on the Motion to appoint: I move to appoint up to Lauren Mitro to the Community Development Board for a term ending December 31, 2027. 9 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 5 of 6 The Motion carried 4 - 0. Approve: Jennifer Madgic Douglas Fischer Emma Bode Alison Sweeney Disapprove: None H.2 01:40:09 Appointments of Chair and Vice-Chair to the Transportation Board 01:40:12 Motion to appoint: I move to appoint Rio Roland as the Chair and Mike Veselik as the Vice- chair to the Transportation Board. Jennifer Madgic: Motion Alison Sweeney: 2nd 01:40:38 Public Comment 01:41:03 Vote on the Motion to appoint: I move to appoint Rio Roland as the Chair and Mike Veselik as the Vice-chair to the Transportation Board. The Motion carried 4 - 0. Approve: Jennifer Madgic Douglas Fischer Emma Bode Alison Sweeney Disapprove: None I) 01:41:19 FYI / Discussion • Commissioner Sweeney stressed urgency about the B3 discussion. J) 01:43:38 Adjournment ___________________________________ Joey Morrison Mayor ATTEST: 10 Bozeman City Commission Meeting Minutes, January 13, 2026 Page 6 of 6 ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: June 16, 2026 11 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:June 16, 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 June 17, 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 12 Memorandum REPORT TO:City Commission FROM:Emily Kiely, Community Engagement Coordinator Takami Clark, Communications and Engagement Manager Chuck Winn, City Manager SUBJECT:Commission Ratification of Revised Bylaws for Inter-Neighborhood Council MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:The City Commission is recommended to make a motion and approve the revised bylaws for the Inter-Neighborhood Council. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:The Inter-Neighborhood Council was presented revisions to their bylaws approved them at their May 14, 2026 meeting. As stated in the bylaws, any revisions must be submitted to the City Commission for final approval. Link to meeting UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 2026.05.14 INC Bylaws Final INC Approved (clean).docx Report compiled on: June 5, 2026 13 INC Bylaws – May 14, 2026 1 City of Bozeman Inter-Neighborhood Council Bylaws I. Mission A. Established by City Charter and recognizing the value of citizen involvement and the importance of neighborhood relations through effective and timely communication, the Inter-Neighborhood Council (INC) is committed to ensuring safety, quality of life, environmental responsibility, knowledge, and guidance to Bozeman’s neighborhoods. The INC fosters a sense of cooperation and understanding between neighborhoods to increase the overall health of the community. The INC provides information to the recognized neighborhood associations and may make recommendations to the City Commission and City staff on city-wide issues as requested and /or deemed necessary by the INC. II. Vision A. Our connection to pride in where we live rests, in part, on the relationships we share with others in our community. We envision the City of Bozeman as one in which every citizen feels informed about changes in their neighborhood and community. and Thus, citizens are empowered enabled to share their concerns and ideas with fellow citizens and elected officials and in which governmental agencies at all levels set the example of good stewardship and support for their citizens’ citizen-led efforts. III. Definitions A. The following words, terms and phrases, when used in this division these Bylaws, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. “Administrative vote” means votes related to the organizational business of the INC including but not limited to approval of minutes and scheduling of meetings. 2. "City agency" means and includes all departments, bureaus, offices, boards, councils, liaisons, task forces and commissions of the City of Bozeman. 3. "City liaison" means the designee of the City Manager responsible for administration and enforcement of the responsibilities of the City of Bozeman as defined by the City’s Neighborhood Recognition Ordinance. 4. "Inter-Neighborhood Council (INC)" means the council composed of delegates selected by each recognized neighborhood association. 14 INC Bylaws – May 14, 2026 2 5. "Recognized neighborhood association" means an organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood, formally recognized by the INC, and therefore the City of Bozeman, and subject to the provisions of the City’s Neighborhood Recognition Ordinance. 6. "Non-recognized neighborhood association" means an organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood. A non-recognized neighborhood association is one which has not yet met the minimum standards for recognition as set forth in the City’s Neighborhood Recognition Ordinance or has lost its recognized status for failing to comply with the minimum standards as set forth in the City’s Neighborhood Recognition Ordinance. A non-recognized neighborhood association has no representation on the INC. 7. "Neighborhood group" means a loosely organized, non-recognized group of residents formed for the purpose of maintaining and/or improving the livability and quality of their neighborhood and that demonstrates an interest in forming a recognized neighborhood association. A neighborhood group has no representation on the INC. 8. “Neighborhood Representational vote” means a vote cast by a delegate intended to represent the official position of their neighborhood on, including but not limited to, a specific position, policy or project. IV. Authorization and Organization A. The INC is established by the Bozeman City Charter, adopted by the Citizens of Bozeman on December 7, 2006 and effective January 1, 2008. B. The INC fiscal year begins 1 July of each year and ends 30 June of the next year. C. The INC is an advisory board to the City Commission. The INC shall be composed of one delegate selected by each recognized neighborhood association and shall provide a forum for recognized neighborhood associations to come together, share information, and make recommendations to the city. The INC shall also provide a forum for non-recognized neighborhood associations, neighborhood groups, and city agencies to communicate with recognized and non-recognized neighborhood organizations and groups. V. Officers and Duties A. The INC shall maintain the offices of Chair, Vice-Chair, and Secretary-Treasurer. The officers must be designated appointed delegates (see III. A.3.). 15 INC Bylaws – May 14, 2026 3 1. The Chair shall be responsible for the operation of the INC and its officers pursuant to these Bylaws. This shall include setting meeting agendas, conducting meetings, representing the INC at official functions, appointing sub-committees, and generally overseeing the business of the INC. The Chair shall have the primary responsibility for leading the long-term and short-term planning efforts of the INC and shall also have specific duties as spelled out elsewhere in these Bylaws and assigned by the delegates. 2. The Vice-Chair shall, in the event of the absence or inability of the Chairman to exercise the office, become Acting Chairman of the INC. 3. The Secretary-Treasurer, in partnership with the City Liaison, shall be the official custodian of the records as required by the Bylaws of the INC. The Secretary-Treasurer shall produce all written, electronic, or other modes of communications as requested by the Chair or delegates. 4. The Secretary-Treasurer shall have custody of all monies belonging to the INC and maintain an accurate accounting of all receipts and expenditures that have been generated through the INC. The Secretary-Treasurer shall provide a financial report to delegates at meetings as deemed necessary by the Chair and affix to the meeting minutes. The Secretary-Treasurer must be one of the officers who shall sign checks or drafts of the INC, if utilized. There shall be three (3) authorized signatures on the bankcard, if any, and two (2) authorized signatures on each check, if any. VI. City Liaison Duties A. The City’s Neighborhood Coordinator staff position serves as INC City Liaison. The City Liaison is responsible for providing counsel and support services to the INC and other duties as codified in municipal code sec.2.05.1220. Such services may include assistance with agenda creation and distribution, general communications, newsletters, grant writing, activity planning, leadership training, public relations, outreach efforts, general information and referral, creating surveys or polls to be distributed to neighborhood association members as a means to inform their delegate’s vote, and other technical assistance as requested. The City Liaison shall record and maintain the minutes of all INC meetings. The City Liaison shall work with the Secretary-Treasurer to ensure accurate records of the INC are maintained. VII. Executive Committee A. The Executive Committee shall be composed of all INC officers, the Chair of any standing committee(s) of the INC and the City Liaison. B. The Executive Committee, as a collective body, may act on behalf of the INC between regular meetings on any matter determined urgent. Any such action shall 16 INC Bylaws – May 14, 2026 4 be reported at the next regular meeting of the INC and none of its actions shall conflict with actions taken or policies formulated by the INC. VIII. Committees A. The Chair, with a successful vote, may appoint standing committees or subcommittees to help conduct the business of the INC. A standing committee deals with ongoing business whereas a subcommittee works on discrete tasks with a defined purpose and timeline. Each appointed standing committee shall choose a committee Chair, who shall serve as a member of the Executive Committee. B. Committee Chair(s) shall report to the INC. These reports shall be entered into the minutes. IX. Elections and Officer Terms A. Elections of INC officers shall occur in the final meeting of the fiscal year held in the month of June. with the exception to the 2013 year. B. A nominating committee may be appointed by the Chair to propose, for the final meeting of the fiscal year, one or more eligible candidates from the INC for each office for the coming year. Nominations should occur a minimum of two weeks prior to INC elections, when possible. Nominations shall also be accepted from the floor. All candidates must have accepted the nomination and be a qualified delegate of the INC. C. The INC shall elect officers by a successful vote. (For more on voting, see XII.) D. Voting shall be by secret ballot if there is more than one (1) candidate for office. E. The ballots shall be maintained by the Secretary-Treasurer for sixty (60) days and shall then be destroyed. F. The Secretary-Treasurer, in partnership with the City Liaison, will obtain the names, mailing addresses, telephone numbers, e-mail addresses and terms of office of newly elected INC officers. G. Newly elected officers shall be installed in the first meeting of the fiscal year of the month of July. H. Terms of office for INC officers shall be a recommended (but not mandated) maximum of two years. I. The Secretary-Treasurer, in partnership with the City Liaison, shall maintain a list of recognized neighborhood association members interested in serving as a 17 INC Bylaws – May 14, 2026 5 delegate to, or officer in, the INC. This list shall be consulted when a delegate, or delegates, is needed to fill a vacancy and/or when officers are nominated. X. Removal and Vacancies of Delegates and Officers A. Any elected INC officer may be removed from office for good cause. Removal shall be debated by the INC and shall require a two-thirds (2/3) quorum of all voting the delegates of the INC in attendance at the meeting when the vote takes place. A simple majority is required for officer removal. Notice of a vote for removal of an elected officer shall be included in the call to meeting and listed on the meeting agenda along with the location, date and time of the meeting. The City Liaison will inform the neighborhood association of the removal. If a vacancy occurs outside the normal election process, candidates for the unfilled term shall be nominated from the floor and elected at the next scheduled meeting following the vacancy. Anyone elected to the vacated office shall serve for the remainder of the original term. B. Any INC delegate may be removed from the INC for good cause. The same rules that apply in XA. apply here. Removal shall be debated by the INC and shall require a majority vote of the delegates. XI. Procedures A. Unless otherwise determined by a successful vote of the INC, the body shall conduct a minimum of one regularly scheduled meeting each month. All meetings are open to the public and subject to the State of Montana’s open meeting laws. Cancellation or rescheduling of any meeting, or scheduling of any special meetings, may occur at the discretion of INC. Regularly scheduled meetings shall be held at such a place, date and hour as may from time to time be fixed by consensus. Notification of all meetings to all delegates may be given in person, via e-mail, via fax, over the telephone, or hand delivered to a delegate’s usual place of residence at least three days before the time set for the meeting. Notification shall also be given to the City Clerk’s office. B. The City Liaison shall prepare a schedule/agenda for each meeting in consultation with, and for approval by, the Chair and Vice-Chair and other neighborhood delegates as needed. Said agenda shall be made available to the entire INC and the City Clerk’s office at least three days prior to each monthly meeting and shall include the date, time and location of the meeting as well as discussion topics. Agenda shall be hand delivered to a delegate’s usual place of residence, delivered electronically via email or via fax. C. The Chair shall preside at all meetings; the Vice-Chair shall preside at meetings upon request of the Chair. The Secretary-Treasurer shall prepare the minutes of the monthly or special meetings. The minutes shall include a list of attendance, 18 INC Bylaws – May 14, 2026 6 including neighborhood delegates, guests, and members of the public, and a summary of all business, discussions and actions taken. The Secretary-Treasurer will be Acting Chair in the absence of the Chair and Vice-Chair. D. Amendments and changes to the Bylaws may be adopted during any regular meeting following a two-thirds (2/3) vote of delegates and provided that the revisions are submitted to the INC along with the agenda in advance of the meeting. Amendments shall be ratified by the City Commission. Date of amendment approval by the INC and City Commission shall be recorded under the section “XVIII. Effective Date” of these bylaws. XII. Representation and Voting A . A quorum, which is required for the conduct of any INC meeting, consists of 1/3 of delegates, with a minimum of three delegates. B. Unless otherwise specified in these bylaws, an INC vote passes by a majority of attending delegates at any INC meeting. A. Each recognized neighborhood association shall select appoint one delegate and an alternate delegate to the INC pursuant to neighborhood association bylaws and communicate the names, addresses, phone numbers and e-mail addresses of the delegate and the alternate, in writing, to the INC Secretary-Treasurer and the City Liaison. B. Each designated appointed delegate has one vote on the INC. In the absence of the designated appointed delegate, the alternate delegate to the INC may exercise the same rights and privileges afforded the designated appointed delegate until the absent delegate returns or a new delegate is selected appointed by the recognized neighborhood association. Only one vote from each recognized neighborhood association may be cast. Delegate, or alternate delegate, vacancies to the INC shall be filled within sixty (60) days of the vacancy. C. A delegate to the INC unable to attend an INC meeting may provide written authorization to the INC Secretary-Treasurer for an alternate delegate or other INC delegate to vote on any matter that may come before the INC at that meeting. The written proxy authorization shall state the name of the authorized delegate and be signed and dated by the absent delegate. A proxy vote shall be fully documented in the minutes of the meeting. D. A meeting is held if there is a quorum. A quorum consists of a majority of all current delegates representing recognized neighborhood associations. Voting is also subject to the quorum rule of a majority of current delegates and a majority vote of delegates in attendance is sufficient to approve any item unless otherwise specified in these Bylaws (see XA- B. and XVII.). 19 INC Bylaws – May 14, 2026 7 E. All INC delegates are granted the right to participate in and cast administrative votes. F. Neighborhood representational votes taking an official position on behalf of a neighborhood association shall accurately reflect neighborhood positions and votes cast pursuant to neighborhood association bylaws. Neighborhood representational votes intended to inform the official position of the INC require a majority vote of all voting delegates. G. Both administrative and neighborhood representational INC votes pass by a majority of attending delegates who cast a vote (whether in person or virtual; or their authorized proxy) during any INC meeting. Per Robert’s Rules abstentions are not counted toward voting quorum or results. H. The INC shall establish and follow a clear method for reporting to the City actions which accurately reflect neighborhood positions. When the INC presents an official position on an issue the City, the INC shall identify how a decision on the position was reached pursuant to Sec. 2.05.1210 D, including but not limited to the INC vote composition and any survey or poll results. 1. by majority vote of the delegates; 2. by majority vote of the attending delegates; 3. by a 2/3 vote of the delegates; 4. by consensus of the attending delegates; 5. bya poll of the general membership of each recognized neighborhood association with documentation of vote results; or 6. by vote of recognized neighborhood association membership at a general or special membership meeting with documentation of vote results. XIII. Attendance A. Regular attendance of all meetings is considered crucial for neighborhood contribution to the INC and is a requirement for membership. No more than three absences within a one-year period may occur, without authorization from an INC officer or City Liaison (understanding emergencies arise). Attendance shall be recorded by the Secretary-Treasurer at each meeting and included in the minutes. XIV. Conflict of Interest A. Any delegate or alternate delegate, who has, may have or expects to have, a pecuniary or personal interest in a nomination, proposal, recommendation or undertaking related to the INC’s general role and responsibility as stated in the Mission, shall publicly declare a potential conflict of interest and attempt resolution through discussion among delegates. If the conflict cannot be resolved, the delegate or alternate delegate, shall recuse themselves from debate and abstain 20 INC Bylaws – May 14, 2026 8 from a vote or votes on that issue. Pecuniary interest shall be defined as the flow of financial resources, loss of resources, or savings of resources which may result from the action of a delegate. Personal interest shall be defined as any interest in the matter which would affect the action of the delegate other than a financial interest, and other than an interest because of membership in, or affiliation with, but not employment by a social, fraternal, charitable, service, educational, religious, governmental, health service, philanthropic, cultural, or similar nonprofit institution or organization. XV. General A. The rules in the current edition of Robert's Rules of Order shall govern the INC, and all committees and subcommittees in all cases to which they apply and do not conflict with the specific provisions of these Bylaws or any special rules that the INC may adopt. B. If any part of the Bylaws or the application thereof is hereafter held invalid or unenforceable, the remainder shall not be affected thereby, and only the affected portions are declared eliminated. C. No INC delegate or alternate, officer, representative or spokesperson shall assume any financial liability of the INC. D. Officers of, and delegates to, the INC shall not represent the INC on any issue unless authorized to do so at a regular meeting of the INC by a majority of the delegates. XVI. Non-discrimination Clause A. The INC shall not discriminate on the basis of race, color, national origin, gender, sexual orientation, marital status, age, religion, creed, political belief, mental or physical ability, or veteran status in admission, access to, or conduct of its meetings. XVII. Amendments to Bylaws A. Per code 2.05.1210F, amendments to the INC Bylaws requires a 2/3 vote of all INC delegates (not just 2/3 of delegates in attendance) in support of the proposed Bylaws Amendments to move them forward to the Commission for Ratification. These Bylaws may be amended by a two-thirds (2/3) vote of the delegates, at any regular INC meeting, provided authorization to amend the bylaws has been directed by the delegates at a preceding meeting. Notice of a vote to amend the Bylaws shall be included in the call to meeting and listed on the meeting agenda. 21 INC Bylaws – May 14, 2026 9 Amendments to the Bylaws may be adopted during any regular meeting so long as any proposed revisions have been submitted to the INC and published with the agenda in advance of the meeting. B. Bylaw amendments approved by the INC shall be forwarded to the City Liaison within ten (10) calendar days of approval for submission to the City Commission for ratification. XVIII. Effective Date A. These Bylaws were formally approved by the INC delegates at a meeting held on the 11th day of December 2007, at 7:00 P.M., at the Beall Park Recreation Center in the City of Bozeman, County of Gallatin, State of Montana and signed by all the attending delegates of the INC, representing a majority of neighborhood associations. B. These bylaws of the INC as officially and formally adopted on the 11th day of December, 2007, shall be effective January 1, 2008, upon final acceptance by majority of the City Commission as presented for ratification by the City Commission on December 17, 2007 and approved by a vote of 5-0. C. Amendments to these bylaws occurred by a 2/3 vote of the INC on the 9th day of May 2024 and presented for ratification by the City Commission on 12th day of August and approved by a vote of 4-0. D. Amendments to these bylaws occurred by majority vote of the INC on 14th of May 2026 and presented for ratification by the City Commission on the 2nd day of June 2026 and approved by a vote of XXX. Documentation of INC Approval: _________________________________________________ INC Chair Attested to by: __________________________________________________ INC City Liaison 22 Memorandum REPORT TO:City Commission FROM:Danae Giannetti, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Kittelson and Associates for the Safe Streets and Roads for All (SS4A) Safety Action Plan (SAP) Project MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Kittelson and Associates for the Safe Streets and Roads for All (SS4A) Safety Action Plan (SAP) Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman was awarded FY2023 and FY2024 US Department of Transportation (USDOT) Safe Streets and Roads For All (SS4A) Planning and Demonstration Grants through the Federal Highway Administration. The grants provide funding for a Safety Action Plan (SAP) and demonstration activities that include the installation of advanced safety data collection equipment in eight existing traffic signals and piloting of a safety data platform that will facilitate crash data analysis. The SAP will provide recommended programs, policies, and a prioritized project list to provide comprehensive, well-defined strategies to prevent roadway fatalities and serious injuries. In January 2026, staff issued an RFQ for consultant services to develop the SAP and had five respondents to the request. Kittleson was selected based on meeting required qualifications including demonstrating past experience with SS4A Safety Action Plans and a thorough understanding of the scope of work for the project. Staff have reviewed the scope of work and fee and recommends authorizing the City Manager to sign the professional services agreement with Kittleson. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. 23 FISCAL EFFECTS:The total project cost is $249,982. The Safe Streets and Roads for All grant provides $199,985.60 (80% of the total cost) with the City contributing the remaining $49,996.40 as local match. The City's matching funds have been approved in the FY26 Arterial and Collector District operating budget. Attachments: 20260616 PSA SS4A SAP.docx 20260616 PSA Exhibit A.pdf Report compiled on: May 28, 2026 24 Professional Services Agreement for SS4A Safety Action Plan Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of June, 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, Kittleson & Associates, Inc. (Kittleson), 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 16th day of June, 2028, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by 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. Cost shall include: 25 Professional Services Agreement for SS4A Safety Action Plan Page 2 of 15 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. 26 Professional Services Agreement for SS4A Safety Action Plan Page 3 of 15 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. 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. 4. The IDC rate expires one (1) year after the end of the Accounting Period. 5. 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. 6. 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. 7. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 8. 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. 9. 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 27 Professional Services Agreement for SS4A Safety Action Plan Page 4 of 15 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. 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 accordance with the professional skill and care ordinarily exercised by members of the same profession practicing under similar circumstances. 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 standard of care. 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 28 Professional Services Agreement for SS4A Safety Action Plan Page 5 of 15 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. 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. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce 29 Professional Services Agreement for SS4A Safety Action Plan Page 6 of 15 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. 10. 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; 30 Professional Services Agreement for SS4A Safety Action Plan Page 7 of 15  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. 11. 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. 12. 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 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 must be in addition to any other remedies to which City may be entitled under the law or at equity. 31 Professional Services Agreement for SS4A Safety Action Plan Page 8 of 15 d. In the event of termination under this Section 12, 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. 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 13, 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 13(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. 14. 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 32 Professional Services Agreement for SS4A Safety Action Plan Page 9 of 15 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. e. 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.” f. 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. 15. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages 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, 33 Professional Services Agreement for SS4A Safety Action Plan Page 10 of 15 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. 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Taylor Lonsdale (City of Bozeman Transportation Engineer) 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 Nick Foster 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. 17. 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. 18. 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 34 Professional Services Agreement for SS4A Safety Action Plan Page 11 of 15 State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 19. Web Accessibility and the ADA: 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 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. 20. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize 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. 21. 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, 35 Professional Services Agreement for SS4A Safety Action Plan Page 12 of 15 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. 22. 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. 23. 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. 24. 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 36 Professional Services Agreement for SS4A Safety Action Plan Page 13 of 15 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. 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. 26. 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. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 28. 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. 29. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. Headings: The headings used in this Agreement are for convenience only and are not 37 Professional Services Agreement for SS4A Safety Action Plan Page 14 of 15 to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 31. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 34. 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. 35. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 36. 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. 37. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 38. 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 **** 38 Professional Services Agreement for SS4A Safety Action Plan Page 15 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 Kittleson & Associates, Inc. CONTRACTOR By________________________________ By __________________________________ Chuck Winn, City Manager Andy Daleiden, PE Senior Principal Engineer APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 39 CITY OF BOZEMAN SS4A COMPREHENSIVE SAFETY ACTION PLAN AND DEMONSTRATION ACTIVITIES SCOPE OF WORK The City of Bozeman (hereafter “the City”) was awarded a US Department of Transportation (USDOT) Safe Streets and Roads for All (SS4A) Safety Action Plan Grant. The purpose of this project is to develop a comprehensive, well-defined strategy to prevent roadway fatalities and serious injuries through a Safety Action Plan (SAP) and to pilot new technologies to enhance the City’s ability to diagnose and respond to potential safety challenges. This SAP will meet the requirements of the USDOT SS4A program. The Kittelson team recognizes the dynamic nature of the current federal transportation landscape and will monitor impacts to federal funding programs, which may result in scope changes. These scope changes will be reviewed and approved by the City before any change in work is started. Kittelson & Associates, Inc. (Kittelson) plans to utilize the following bodies to guide and make decisions for the project. ◼ Project Management Team (PMT): Kittelson will coordinate and work with City staff on a regular basis to complete the SAP. The PMT is expected to include the City Project Manager (PM) and any other City staff identified by the PM. ◼ Project Advisory Committee (PAC): The PAC will be comprised of representatives from local agencies and organizations, and is anticipated to include representation from City staff, Gallatin County, Gallatin Valley Metropolitan Planning Organization, Montana Department of Transportation (Butte District), and additional partners directed by the PMT (e.g., community organizations, schools). Additionally, the Kittelson team acknowledges the City is preparing to update its Transportation Master Plan and the SAP will need to coordinate with this update once it is underway. TASK 1 – PROJECT MANAGEMENT This task includes conducting project management activities for the Plan. DELIVERABLES ◼ Project Kick-off Meeting ◼ Project Update Calls (24) ◼ Invoices and Progress Reports (12) ◼ Draft & Final Schedule 40 SUBTASKS 1.1 Project Kick-off Meeting. Consultant will prepare for and conduct a virtual kickoff meeting with the PMT, as well as the selected safety data platform and advanced safety data equipment vendors using Microsoft Teams. At that meeting Consultant will: a. Review a preliminary schedule, confirm the overall scope, and discuss focus areas; b. Discuss potential project issues or risks and a range of mitigation options for successfully completing the plan; c. Discuss data needs; and d. Identify potential members for the PAC. 1.2 Project Updates. Consultant will participate in bi-weekly 30-minute Teams meetings with the PMT to check- in on progress and/or address questions that might arise during the project. This scope of work assumes up to 24 meetings. PMT meetings may be replaced by e-mail updates with approval by the City PM. PMT meetings may also be used to coordinate efforts with the Transportation Master Plan (TMP) update, if needed. 1.3 Monthly Invoices & Progress Reports. Consultant will prepare monthly invoices and progress reports. One invoice and progress report will be submitted to the City PM each month (12 total). 1.4 Project Schedule and Contract Administration. Consultant will prepare an initial detailed project schedule showing draft and final deliverable dates, project meetings, public involvement meetings, and review times. The schedule will consider the parallel SS4A funded efforts to implement a safety data platform and advanced safety data equipment, as well as the expected schedule for the TMP update. Consultant will submit draft schedule to PMT for review and revise based on PMT feedback. Consultant will maintain and update the schedule as necessary throughout the project. Potential changes in the project schedule will be communicated to and confirmed by the City PM as soon as Consultant is aware that they may need to occur. TASK 2 – VISION, GOALS, AND PERFORMANCE MONITORING This task includes developing a vision and goals to guide the Plan, assisting the City PM in obtaining a commitment from the Bozeman City Council to the vision of eliminating fatal and serious injury crashes, and creating a progress tracking matrix of performance metrics to monitor the effectiveness of implemented projects and strategies. DELIVERABLES ◼ Draft and Final Vision, Goals, and Performance Chapter SUBTASKS 2.1 Vision and Goals. Consultant will create a comprehensive and representative vision statement and associated goals that meet the eligibility requirements of the SS4A Program. Consultant will finalize the vision statement and associated goals based on PMT and PAC feedback, as directed by the City PM. Consultant will prepare supporting presentation materials that the City can use when presenting the vision statement and goals to City Council. 2.2 Performance Matrix Development. Consultant will develop a performance metrics matrix to monitor the effectiveness of implemented projects and strategies. This matrix will assist the City of Bozeman and its 41 partners in evaluating and reporting on the status of the SAP. Consultant will consider identified emphasis areas and traditional measures the City can obtain through MDT crash data, as well as how the selected safety data platform can be leveraged in this process. Consultant will recommend a process for ongoing monitoring and assessment of progress, including how this may be accomplished with, and without, the selected safety data platform. 2.3 Vision, Goals, and Performance Chapter. Consultant will summarize the vision, goals, and performance measurement and monitoring program. Consultant will submit to PMT and PAC for review and revise once based on PMT and PAC feedback, as directed by the City PM. TASK 3 – COMMUNITY ENGAGEMENT The purpose of this task is to gather input from the Bozeman community, as well as multi-disciplinary partners, to understand safety concerns of all users and identify the roles and support needed for implementing recommendations from the Safety Action Plan. Input from each group regarding their concerns and needs will help inform the goals, projects, and policy recommendations of the final plan. DELIVERABLES ◼ Project Branding ◼ PAC Meetings (4) ◼ Project Content for City Website ◼ Virtual Open House & Survey #1 ◼ Virtual Open House & Survey #2 ◼ Advertising Materials ◼ Engagement Events (4) ◼ Community Engagement Round #1 Summary ◼ Community Engagement Round #2 Summary ◼ Draft and Final Engagement Chapter ◼ Engagement Appendix SUBTASKS 3.1 Project Branding. Consultant will create project branding for all community engagement materials and project deliverables. Branding includes developing a project logo, color palette, and documentation templates. Consultant will provide up to three alternative logos and color palettes. Consultant will finalize based on PMT feedback. 3.2 PAC Meetings. Consultant will prepare for and attend up to four (4) 1-hour meetings with the PAC. It is assumed that Meeting #3 will be conducted in-person (in combination with other engagement events) and that Meetings #1, #2, and #4 will be conducted virtually with Microsoft Teams. Consultant will prepare agendas, meeting summaries, and presentations to share with the PAC. Meeting topics will include: 42 a. Meeting #1: Introduction to Project, Vision and Goals, Project Objectives, Data and Coordination Needs, Community Engagement Round #1 Approach b. Meeting #2: Community Engagement Round #1 and Safety Analysis Results, Potential Emphasis Areas, Project and Strategy Development, Community Engagement Round #2 Approach c. Meeting #3: Project and Strategy Refinement and Prioritization, Transparency Matrix d. Meeting #4: Draft Safety Action Plan, Community Engagement #2 Results 3.3 Project Content for City Website. Consultant will develop a short project description with relevant weblinks and photos or other images to support the City’s webpage for the Safety Action Plan. Consultant will provide content updates including information on community engagement events. 3.4 Virtual Open House & Survey #1. Consultant will develop an online survey consisting of a commenting map and survey questions using the Engage Bozeman platform that is linked from the project webpage on the City’s website and will allow community members to voice their transportation safety concerns throughout the city. The survey will be created in English and Spanish. 3.5 MDT Coordination Meeting. Consultant will prepare for and attend a 1.5-hour virtual meeting with City of Bozeman and Montana Department of Transportation staff to discuss project recommendations on MDT facilities. 3.6 Virtual Open House & Survey #2. Consultant will develop an online survey that is linked from the project webpage on the City’s website and will allow community members to provide feedback on the recommended projects and strategies. The survey will be created in English and Spanish. 3.7 In-Person Outreach #2. Consultant will prepare for and facilitate up to four pop-up events at local community destinations (such as libraries, schools, community centers, or businesses) for one hour each to advertise the project, answer questions, and provide participants with digital and paper means of providing feedback. All trips to Bozeman are assumed to include two consecutive working days in which pop-up events and PAC meetings will be scheduled. 3.8 Advertising Materials. Consultant will create social media graphics to advertise each of the two rounds of engagement. Graphics will be translated into Spanish. Consultant will create press release text for each open house for the City to submit to local news outlets. Consultant will create a “takeaway” card with a QR Code that links to the online survey to leave at key community locations. This card will be translated into Spanish. 3.9 Community Engagement Round #1 & #2 Summaries. Consultant will summarize each round of community engagement in succinct, graphical one-page summaries, which can be posted to the project web page and distributed in smaller pieces via social media posts, to demonstrate that community members’ feedback was recorded, utilized, and will influence the Plan. 3.10 Engagement Chapter. Consultant will summarize key findings from the community engagement events and meetings into a succinct and graphical document that will be the Engagement Chapter of the Safety Action Plan. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. 3.11 Engagement Appendix for the Safety Action Plan. Consultant will document all community and partner agency engagement efforts and feedback into a PDF document to be attached and referenced in the Safety Action Plan. 43 TASK 4 – SAFETY ANALYSIS The purpose of this task is to evaluate current safety performance to establish a baseline for improvements and to identify the most important crash patterns and trends. The Kittelson team will refer to the Gallatin County Safety Action Plan throughout the safety analysis to inform the regional location screening and systemic safety analysis. DELIVERABLES ◼ Draft and Final Safety Analysis Chapter SUBTASKS 4.1 Data Collection. Consultant will collect relevant safety performance data. This includes crash data, traffic volume data, roadway characteristic data (e.g., intersection control, number of vehicle lanes), land use data (e.g., locations of schools and transit stops), and demographic data. Consultant will work with the City to upload relevant City and MDT data to the selected safety data platform. Only data compatible with the platform will be used for the safety analysis (i.e., all safety analyses will be completed using the selected safety data platform). 4.2 Safety Evaluation. Using the data collected in Task 4.1, Consultant will conduct a two-pronged approach to complete the safety analysis using the selected safety data platform, evaluating high crash locations (identified through the Location Screening), as well as high-risk locations (identified through the Systemic Safety Analysis). In addition, Consultant will prepare descriptive analysis identifying trends, location characteristics, and contributing factors that most commonly occur in the crash data for Bozeman. Consultant will combine these analyses and community feedback obtained in Tasks 3.4 and 3.1 to prepare a high-injury network (HIN). a. Location Screening: With the selected safety data platform, Consultant will screen for locations with higher concentrations of crashes, particularly fatal and serious injury crashes. High-crash locations will also be reviewed to identify shared characteristics, such as posted speed limit, number of lanes, presence of active transportation facilities, or proximity to community destinations. b. Systemic Safety Analysis: This analysis will identify characteristics across the City’s network that correlate with fatal and serious injury crashes for each mode, even if the crashes are not geographically concentrated. These characteristics could include roadway features (e.g., lack of pedestrian infrastructure), driver behaviors (e.g., speeding), or external conditions (e.g., low lighting). Relevant research may also be used to identify these characteristics. Data from the selected advanced safety data equipment vendor will also inform this analysis. c. Demographic Evaluation: Consultant will identify the segments of the HIN that are in USDOT- identified transportation disadvantaged communities. 4.3 Safety Performance Chapter. Consultant will summarize key findings from this task into a succinct and graphical document that will be the Safety Performance Chapter of the Safety Action Plan. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. 44 TASK 5 – POLICY, PROGRAM, AND PROCESS EVALUATION This task involves reviewing and evaluating existing transportation safety-related policies, programs, and processes to highlight ongoing efforts and inform recommendations for policy and program changes. DELIVERABLES ◼ Draft and Final Strategies Chapter SUBTASKS 5.1 Policy Evaluation. Consultant will request existing safety-related plans, programs, and policies from the City, including documentation such as typical sections, design standards, or other guidance that impacts transportation decision-making. City will also identify and provide similar relevant documents from its partner agencies (i.e., Gallatin County, MDT) as they relate to the transportations system in Bozeman. Consultant will interview City staff to understand existing safety practices, including maintenance, operations, and law enforcement practices. Consultant will also identify requirements and guidance from the FHWA related to the SS4A program and the Safe System Approach. Consultant will review the obtained information, document existing plans and practices, and identify potential opportunities for improving existing safety planning processes and policies. 5.2 Safety Strategies Chapter. Consultant will draft a policies and strategies chapter, which will document recommendations for incorporating best practices into the policies and programs of the City of Bozeman. Consultant will also identify non-engineering actions that can be implemented by the City and partners (e.g., enforcement, emergency medical services providers, other organizations with an interest in transportation safety). Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. TASK 6 – PROJECTS The purpose of this task is to identify implementable and proven strategies and treatments to address the safety concerns on the HIN identified in Task 4. DELIVERABLES ◼ Draft and Final Projects Chapter SUBTASKS 6.1 Develop Potential Projects. Consultant will identify relevant local solutions to address the HIN and emphasis areas identified in Task 4. These will include location-specific projects for high-crash locations, as well as systemic projects to address the emphasis areas and high-risk locations. To identify these solutions, Consultant will consider proven countermeasures, including those identified by FHWA and NHTSA, as well as innovative emerging treatments that have shown promise at addressing the types of crashes on the HIN and in the 45 emphasis areas. Consultant will also consider planned projects to identify potential implementation efficiencies. 6.2 Select and Prioritize Projects. Consultant will work with the PMT and PAC to select and prioritize projects from the list created in Task 6.1. Projects will be prioritized based on existing and anticipated safety risks, implementation considerations (e.g., ability for the City to implement projects, funding readiness and opportunities, integration with existing CIPs and other programs) and demographic impacts. Consultant will use the selected safety data platform to assist in evaluating alternative projects and in prioritizing projects. 6.3 High-Priority Concepts. The City may have interest in re-allocating the budget for this task to other tasks to complete additional work. Any such change will be mutually agreed to by the City and Consultant before a change is made. Consultant will develop project concepts and planning level cost estimates for up to three projects from Task 6.2 based on direction from the City. These could be detailed location-specific concepts for an individual location, or they could be treatments, or packages of treatments, to be deployed systemically throughout the City. Consultant will develop location-specific concept designs that will include plan-view layouts developed over a scaled aerial image and include the locations of cross-sectional elements (e.g., curb, sidewalks, bicycle facilities, on-street parking, and motor vehicle travel lanes) and callouts describing elements not readily shown in this format (e.g., signal phasing changes), as well as major utility, structural, or other physical or environmental constraints or considerations, as known based on readily available data. For systemic treatments, the concept and cost estimate will represent a typical installation at an example location with discussion of considerations for deployment at other locations, as well as recommendations for priority locations for deployment. Consultant will develop a fact sheet for each project, assumed to be up to one page, including the following information: a. Project description b. Planning-level cost estimate c. Crash history/risk factors being addressed d. Related community feedback e. Partner agency/organizations (if applicable) 6.4 Projects Chapter. Consultant will draft a projects chapter, which will document the prioritization process and priority projects and discuss systemic safety treatments. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. TASK 7 – SAFETY ACTION PLAN AND ADOPTION This task includes developing a succinct, user-friendly, and realistic Safety Action Plan for the City of Bozeman. The final documents will be formatted to be ADA compliant and ready for inclusion on the City’s website. DELIVERABLES ◼ Draft, Adoption Draft, and Final Safety Action Plan ◼ Draft and Final Adoption Presentation ◼ Adoption Support 46 SUBTASKS 7.1 Draft Safety Action Plan. Consultant will combine the final chapters from Tasks 2 – 6 into a final plan document (assumed to be about 50 pages including tables, graphics, figures, etc.). 7.2 Adoption Draft Safety Action Plan. Consultant will revise the Safety Action Plan based on one set of consolidated PMT and PAC feedback as directed by the City PM. 7.3 Final Safety Action Plan. Consultant will finalize the Safety Action Plan based on the outcome of the City Council adoption hearing. 7.4 Adoption Presentation. Consultant will create a high-level summary of the planning process that highlights key findings from the analyses and engagement activities, recommended projects, and policy and process recommendations. 7.5 Executive Summary. Consultant will create an Executive Summary that is a graphic and visually appealing two-page summary of the Safety Action Plan in non-technical terms to aid in communicating with elected officials and the community. 7.6 City of Bozeman Adoption Support. Consultant will attend one City of Bozeman Commission meeting to present the draft Safety Action Plan. FEE ESTIMATE The total fee estimate for the Safety Action Plan is outlined in the table below. Task Fee Estimate Task 1 – Project Management $23,287 Task 2 – Vision, Goals, and Performance Monitoring $11,749 Task 3 – Community Engagement $58,096 Task 4 – Safety Analysis $29,718 Task 5 – Policy, Program, and Process Evaluation $20,203 Task 6 – Projects $74,068 Task 7 – Safety Action Plan and Adoption $32,861 Total $249,982 47 Project Name:Bozeman Safety Action Plan Project Manager:NMF KAI Project Number:31558 Date:May 22, 2026 LABOR ESTIMATE - Bozeman Safety Action Plan Daleiden, Andrew Foster, Nick Grosso, Rachel Delgado, Justin Katie Ayer Sommerville, Jon Document Prep Task Notes Staff AJD NMF REG JKD KLA JKS Tech 1 001 Project Mangament 1.1 Kick-off Meeting 2 3 2 7 $1,472 1.2 Project Updates 11 12 23 $5,423 1.3 Monthly Invoices & Progress Reports 10 10 $2,004 1.4 Schedule and Contract Administration 6 10 16 $3,650 DJ&A Fees 0 $3,371 WTI Fees 0 $6,317 Sanbell Fees 0 $1,050 Reimbursable Expense $0 Task #001 - Subtotal 0 19 35 2 0 0 0 0 56 $23,287 002 Vision, Goals, and Performance Monitoring 2.1 Vision and Goals 2 4 4 10 $1,995 2.2 Performance Matrix Development 1 2 4 8 6 21 $3,946 2.3 Vision, Goals, and Performance Chapter 2 4 4 12 6 3 31 $5,807 Reimbursable Expense $0 Task #002 - Subtotal 3 8 12 24 12 0 3 0 62 $11,749 003 Engagement 3.1 Project Branding 1 3 12 4 20 $3,505 3.2 PAC Meetings 8 8 16 $3,798 3.3 Project Content for City Website 0.5 2 2 4.5 $860 3.4 Virtual Open House & Survey #1 1 4 8 8 21 $3,680 3.5 MDT Coordination Meeting 1 2 4 4 11 $2,315 3.6 Virtual Open House & Survey #2 1 4 8 13 $2,365 3.7 In-Person Outreach #2 4 16 4 2 26 $5,290 3.8 Advertisement Materials 0.5 2 2.5 $538 3.9 Community Engagement Summaries (2)2 4 12 8 26 $4,599 3.10 Engagement Chapter 1 3 6 12 8 3 33 $5,942 3.11 Engagement Appendix 1 2 8 11 $1,965 DJ&A Fees 0 $995 WTI Fees 0 $14,942 Sanbell Fees 0 $3,520 Reimbursable Expense $3,781 Task #003 - Subtotal 2 24 55 54 32 14 3 0 184 $58,096 004 Safety Analysis 4.1 Data Collection 1 2 8 16 27 $4,594 4.2 Safety Evaluation 1 12 6 48 67 $12,552 4.3 Safety Performance Chapter 3 4 8 24 12 10 3 64 $11,493 DJ&A Fees 0 $1,080 Sanbell Fees $320 Reimbursable Expense $0 Task #004 - Subtotal 4 17 16 80 12 26 3 0 158 $29,718 005 Policy, Program, & Process Eval 5.1 Policy Evaluation 1 4 8 12 25 $4,955 5.2 Safety Strategies Chapter 1 3 6 10 6 3 29 $5,291 DJ&A Fees 0 $1,080 WTI Fees 0 $8,476 Sanbell Fees 0 $400 Reimbursable Expense $0 Task #005 - Subtotal 2 7 14 22 6 0 3 0 54 $20,203 006 Projects 6.1 Develop Potential Projects 4 12 24 50 90 $17,442 6.2 Select and Prioritize Projects 2 8 12 30 52 $10,076 6.3 High-Priority Concepts 1 8 8 30 47 $8,954 6.4 Projects Chapter 1 5 8 23 12 12 3 64 $11,294 DJ&A Fees 0 $16,274 WTI Fees 0 $7,628 Sanbell Fees 0 $2,400 Reimbursable Expense $0 Task #006 - Subtotal 8 33 52 133 12 12 3 0 253 $74,068 007 Safety Action Plan and Adoption 7.1 Draft SAP 2 4 12 24 8 4 4 58 $10,447 7.2 Adoption Draft SAP 1 2 6 12 4 2 2 29 $5,223 7.3 Final SAP 1 2 2 2 1 2 10 $1,722 7.4 Adoption Presentation 4 6 8 18 $3,589 7.5 Executive Summary 2 2 6 20 4 34 $5,667 7.6 Adoption Support 16 4 20 $5,191 Reimbursable Expense $1,021 Task #007 - Subtotal 3 29 32 52 34 7 12 0 169 $32,861 TOTAL HOURS 22 137 216 367 108 59 27 0 LABOR RATE $320.30 $274.34 $200.42 $161.18 $164.33 $164.33 $115.89 LABOR COST $7,047 $37,585 $43,291 $59,153 $17,748 $9,695 $3,129 936 $177,647 Rates shown above are for budgeting purposes only. Additional staff may be billed at the time services are performed. $4,802 $249,982 $0 $249,982 TOTAL PROJECT BUDGET TOTAL HOURS TOTAL KAI FEES TOTAL SUB FEES TOTAL LABOR TOTAL REIMBURSABLES Project Budget Form WORK TASK/ TASK HOURS WORK TASK/ TASK COST Kittelson & Associates Inc.H:\31\31558 - Bozeman Safety Action Plan\admin\p\07_Contract_Insurance_Rates\31558_BozemanSAP_CostBreakdownTasks_Revised 48 Hourly Overhead @ Profit @ Hourly Rate 207.16%12%Billing Rate* Senior Principal Engineer/Planner $93.10 $192.87 $34.32 $320.30 Principal Engineer/Planner $79.75 $165.20 $29.39 $274.34 Associate Engineer/Planner $70.72 $146.51 $26.07 $243.30 Senior Engineer/Planner $58.26 $120.69 $21.47 $200.42 Engineer/Planner $46.85 $97.06 $17.27 $161.18 Transportation Analyst $40.24 $83.37 $14.83 $138.45 Technician I $33.69 $69.78 $12.42 $115.89 Technician II $39.45 $81.73 $14.54 $135.73 Senior Technician $47.77 $98.96 $17.61 $164.33 Associate Technician $60.59 $125.52 $22.33 $208.44 Office Support $32.35 $67.02 $11.92 $111.30 Data Analyst / Software Technician $46.34 $95.99 $17.08 $159.40 Senior Data Scientist/Developer $76.04 $157.52 $28.03 $261.59 Classification *Average classification rates shown above were developed using Kittelson's audited overhead of 207.16%, 12% profit and escalated to cover the term of the contract. Classification billing rates will be invoiced. City of Bozeman Rate Schedule As of March 2026 49 Tasks Hours Salary & Benefits IDC (at 45%)Total Task 1: Project Management 70 $4,356.34 $1,960.35 $6,316.69 Task 3: Community Engagement 172 $10,304.82 $4,637.17 $14,941.99 Task 5: Policy, Program, and Process Evaluation 90 $5,845.80 $2,630.61 $8,476.41 Task 6: Identification of Projects 80 $5,260.64 $2,367.29 $7,627.93 Total Personnel 412 $25,767.60 $11,595.42 $37,363.02 Bozeman SAP - WTI Scope of Work Fee Estimate Research AssociateResearch EngineerProyecto SaludCommunications StaffAccounting StaffTotal Hours/Total CostsTravelShipping/CommunicationsMinor Equipment (<5000) and installationEquipment >5000 Total Costs Task Task Title $61.78 $78.10 $49.03 $56.36 $54.05 22 18 6 24 70 $1,359.16 $1,405.80 $294.18 $0.00 $1,297.20 $4,356.34 $4,356.34 60 30 50 32 172 $3,706.80 $2,343.00 $2,451.50 $1,803.52 $0.00 $10,304.82 $10,304.82 44 30 16 90 $2,718.32 $2,343.00 $784.48 $0.00 $0.00 $5,845.80 $5,845.80 32 32 16 80 $1,976.96 $2,499.20 $784.48 $0.00 $0.00 $5,260.64 $5,260.64 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL HOURS 158 110 88 32 24 412 TOTAL DIRECT COSTS (includes ben.)$9,761.24 $8,591.00 $4,314.64 $1,803.52 $1,297.20 $25,767.60 -$ -$ -$ -$ $25,767.60 0.45 Indirect Costs at 45%$4,392.56 $3,865.95 $1,941.59 $811.58 $583.74 $11,595.42 $0.00 $0.00 $0.00 $0.00 $11,595.42 TOTAL $14,153.80 $12,456.95 $6,256.23 $2,615.10 $1,880.94 $37,363.02 -$ -$ -$ -$ $37,363.02 3 Community Engagement 1 project management 5 Policy, Program, and Process Evaluation 6 Identification of Projects 50 Fee Proposal Page 1 of 1 5/29/2025 Bill Delo, Senior Transportation Planner Mike Russell, Senior Engineer Rachel Bakker, Landscape Designer III Design Engineer II Project Coordinator Totals $220.00 $195.00 $141.00 $125.00 $129.00 Item Task 1 Project Management 1.1 Kick-Off Meeting 2.0 $390.00 1.2 Project Updates 6.0 $1,170.00 1.3 Monthly Invoices and Progress Reports 4.0 4.0 $1,396.00 1.4 Project Schedule and Contract Administration 1.0 1.0 $415.00 3 Engagement 3.2 PAC Meetings 5.0 $975.00 4 Safety Analysis 4.2 Safety Evaluation 2.0 2.0 2.0 $1,080.00 5 Policy, Program, and Process Evaluation 5.1 Policy Evaluation 2.0 2.0 2.0 $1,080.00 6 Projects 6.1 Develop Potential Projects 2.0 2.0 2.0 $1,080.00 6.2 Select and Prioritize Projects 2.0 2.0 $830.00 6.3 High-Priority Concepts 12.0 12.0 24.0 48.0 $14,364.00 25.0 34.0 24.0 54.0 4.0 $5,500.00 $6,630.00 $3,384.00 $6,750.00 $516.00 $22,780 $22,780 rate Totals Mileage $0.700 $20.00 $20 $22,800 Rate Total Hours Total Labor Cost DJ&A City of Bozeman Thursday, May 29, 2025 Safe Streets for All Plan Total Direct Expenses Total Project Total Direct Labor Costs Direct Expenses Direct Expenses 1526 Cole Boulevard, Suite 370 Lakewood, CO 80401 T 720.768.6385 djanda.com 51 2026 2027 Senior Project Manager $268.00 $276.04 Senior Engineer $186.00 $191.58 Project Engineer I $166.00 $170.98 Design Engineer II $142.00 $146.26 Design Engineer I $136.00 $140.08 Senior Transportation Planner $178.00 $183.34 Transportation Planner II $142.00 $146.26 Transportation Planner I $124.00 $127.72 Graphic Designer $124.00 $127.72 Project Administrator $97.00 $99.91 Billing RatesStaff Classification DJ&A Billing Rates - Bozeman SS4A Plan 52 City of Bozeman SS4A Comprehensive SAP & Demonstration Activities 5/11/2026 Labor Category Total Plan Hours Rate Total Plan Bill Amount Task 1: Project Management Senior Engineer II 4.00 200.00 $800.00 Senior Project Administrator 1.00 130.00 $130.00 Marketing Coordinator 1.00 120.00 $120.00 Task 3: Community Engagement Senior Engineer II 8.00 200.00 $1,600.00 Marketing Coordinator 16.00 120.00 $1,920.00 Task 4: Safety Analysis Project Engineer II 2.00 160.00 $320.00 Task 5: Policy, Program, and Process Evaluation Senior Engineer II 2.00 200.00 $400.00 Task 6: Projects Senior Engineer II 12.00 200.00 $2,400.00 Total for City of Bozeman SS4A Comprehensive SAP & Demonstration Project 46.00 7,690.00 53 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES ROCKY MOUNTAIN EFFECTIVE SEPTEMBER 13, 2025 Staff Engineer I $120.00/hour Staff Engineer II $130.00/hourStaff Engineer III $135.00/hourLandscape Designer I $110.00/hourLandscape Designer II $115.00/hour Landscape Designer III $125.00/hour Landscape Architect I $140.00/hourLandscape Architect II $150.00/hourSenior Landscape Architect I $185.00/hourSenior Landscape Architect II $195.00/hourStaff Planner I $100.00/hourStaff Planner II $115.00/hourPlanner I $135.00/hour Planner II $150.00/hour Senior Planner I $160.00/hourSenior Planner II $195.00/hourSenior Planner Manager $215.00/hourProject Engineer I $150.00/hour Project Engineer II $160.00/hour Senior Engineer I $190.00/hourSenior Engineer II $200.00/hourSenior Engineer Manager $215.00/hourChief Engineer $200.00/hour Senior Project Manager $210.00/hourSenior Eng Manager/Principal $250.00/hourExpert Witness/Special Consultant $290.00/hourEngineer Intern $90.00/hourField Survey Technician I $85.00/hourField Survey Technician II $88.00/hourStaff Surveyor I $120.00/hourStaff Surveyor II $130.00/hourStaff Surveyor III $138.00/hourParty Chief I $140.00/hourParty Chief II $145.00/hourProfessional Land Surveyor I $150.00/hourProfessional Land Surveyor II $155.00/hourSenior Professional Land Surveyor I $165.00/hourSenior Professional Land Surveyor II $185.00/hourConstruction Inspector $90.00/hourConstruction Engineering Tech. $130.00/hourSenior Construction Eng. Tech. $150.00/hourConstruction Engineer I $145.00/hourConstruction Engineer II $150.00/hourCADD Technician I $100.00/hourCADD Technician II $105.00/hourDesigner I $110.00/hourDesigner II $120.00/hourSenior Designer I $125.00/hourSenior Designer II $145.00/hourSenior Designer Manager $175.00/hourProject Administrator $105.00/hourSenior Project Administrator $130.00/hourAccounting Specialist $110.00/hourOffice Coordinator I $85.00/hourOffice Coordinator II $90.00/hourHR Generalist/Specialist $110.00/hourHuman Resources Assistant $115.00/hourIT Systems Admin I $115.00/hourIT Systems Admin II $120.00/hourSenior Admins Directors $195.00/hourWeb/Graphic Designer $120.00/hourMarketing Coordinator $120.00/hourSenior Marketing Coordinator $140.00/hourMarketing Director $195.00/hour 1-Person/2-Person Crew Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS rate/mile + $0.10/mile Scanner Equipment $150.00/hour Scanner Equipment (full day) $1,050/day 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us ADMINISTRATIVE EXPENSES Administrative Expenses 3.5% * Including copies, prints, phone, postage, materials, and travel *Based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. TRAFFIC DATA COLLECTION SERVICES Standard Intersection Count (veh/bike/ped) $35.00/hour Small Roundabout Count (veh/bike/ped) $45.00/hour Large Roundabout Count (veh/bike/ped) $100.00/hour Spot Location Volume (veh/bike/ped) $5.00/lane/hour Spot Location Travel Speeds (veh) $8.00/lane/hour Data Collection Equipment $40.00/count location Rushed Processing (24-hour turnaround) $10.00/processing hour Travel Time Processing Rate (veh) $20.00/intersection/hour 54 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Ecoomic Developmet Director SUBJECT:Authorize the City Manager to Sign a Professional Engineering Services Agreement with Allied Engineering for an Environmental Review and Infrastructure Design of the Family Promise Water Line MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve as presented. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: The City of Bozeman Economic Development Department, through the Community Housing Program, is supporting Family Promise of Gallatin Valley by using Community Development Block Grant (CDBG) funds to improve their water capacity, in an effort to enable the use of existing units on site for additional emergency and transitional housing. A much-needed service in the area. As part of the project, water service improvements are required to provide adequate domestic and fire flow capacity to the site and to ensure compliance with City of Bozeman engineering and utility standards. The proposed water line extension and associated infrastructure improvements will connect the facility to the city's municipal water system and support the long-term operation of the development and future expansion. The city solicited professional engineering services to assist with the design, permitting, bidding, and construction administration necessary for the water line project. Allied Engineering Services, Inc. was identified as the most qualified firm based on its experience with municipal utility infrastructure, familiarity with city standards and procedures, and demonstrated ability to deliver similar projects within established schedules and budgets. Allied has completed numerous public infrastructure projects in the Bozeman area and possesses the technical expertise required to efficiently advance the project on a restricted timeline. Approval of the professional services agreement with Allied Engineering will allow the city to proceed with the final design and implementation of the Family Promise water line improvements. The project will support critical 55 community infrastructure, facilitate the full utilization of their existing facility that provides essential services to vulnerable residents, and ensure that utility improvements are designed and constructed in accordance with applicable regulatory and city requirements. Staff recommends approval of the agreement to maintain the project schedule and advance the necessary public infrastructure improvements. UNRESOLVED ISSUES:None. ALTERNATIVES:At the discretion of the Bozeman City Commission. FISCAL EFFECTS:The cost of the environmental review and design of the Family Promise water line improvement is estimated at $139,023. Funding for the review and improvement will come from Community Development Block Grant funds allocated to the City of Bozeman by the Department of Housing and Urban Development (HUD). Attachments: AESI Review - Engineering Services Agreement Allied Engineering Family Promise Water Infrastructure.pdf Family Promise Water System Improvements - Proposal for Services 2026_04_20.pdf Report compiled on: June 2, 2026 56 Professional Engineering Services Agreement Page 1 of 14 PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of June , 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 Allied Engineering Services, Inc with a mailing address of 32 Discovery Drive, Bozeman, MT 59718, 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 hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform engineering 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 date of its execution and will expire on the 31st day of December, 2026, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. 4.Federal Funding requirements: Contractor acknowledges the City intends to use Federal funds, specifically Community Development Block Grant (CDBG) monies to effectuate this contract. As such, Contractor agrees familiarize itself with and to follow all federal requirements for CDBG expenditures, including but not limited to provision of the Davis-Bacon Act and Build America, Buy America. Contractor agrees to fulfill this Agreement in conformance with all applicable federal regulations. 57 Professional Engineering Services Agreement Page 2 of 14 5. Payment: City agrees to pay Contractor on a cost reimbursement basis for the completion of the Scope of Services pursuant to the following: a. Basis of Fees for Professional Services. City agrees to pay Contractor on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of Contractor, additional services will be charged on a time and materials basis with prior approval from the City. For reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by Contractor, City agrees to pay the amount billed to the Contractor times a factor of 1.05. Billable hourly rates for the various categories of employees are summarized as follows: Employee Rate Equipment Rate Engineer VIII $234/hour GPS Use $30/hour Engineer VII $208/hour Total Station $20/hour Engineer VI $178/hour Non-LiDar Drone $55/day Engineer V $167/hour LiDar Drone $150/hour, 4hr min Engineer IV $149/hour ATV Use $25/hour Engineer III $133/hour Nuclear Densometer $15/hour or $60/day Engineer II $120/hour Concrete Cylinder Breaks $10/each Engineer I $110/hour Mileage/Truck Rental $1.05/mile or $79/day (6+ hrs) Surveyor VI $197/hour Aquifer Monitoring Eqt. $250/week Surveyor V $167/hour Monitor Well Kits $50/each Surveyor IV $149/hour MASW $99/hour Surveyor III $138/hour Surveyor II $122/hour Surveyor I $103/hour Sr. CAD Designer $133/hour CAD Technician $117/hour Environmental Specialist $149/hour Project Representative $110/hour Intern $75/hour Administration $75/hour Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. b. Reimbursable Expenses Reimbursable expenses mean the actual expenses incurred by Contractor in connection with the project, including but not limited to, expenses for: transportation, subsistence, equipment rental, shipping costs, reproduction of reports, drawings, specifications, bidding documents, outside agency fees and similar project-related items. Subconsultants, outside rentals and other out of house expenses will be marked up 10 percent. c. Billing and Payment Contractor shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. Contractor also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the City. If City disputes the amount of a billing, City will notify Contractor in writing within ten (10) calendar days of the receipt of bill of the dispute. 58 Professional Engineering Services Agreement Page 3 of 14 Payment is due thirty (30) calendar days from the date of bill. City agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay Contractor within sixty (60) days may be considered a breach of this agreement at which time Contractor reserves the right to stop work. City also agrees to pay all collection fees, including attorney fees, if collection services become necessary. 6. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement 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. City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 7. Professional Service: Contractor agrees that all services and work performed hereunder will be accomplished in a professional manner. Contractor must perform its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. Contractor must perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. Contractor may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub-consultants, manufacturers, suppliers, and publishers of technical standards. 8. Independent Contractor Status/Labor Relations: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered a city employee for any purpose, including worker’s compensation. Contractor is not subject to the terms and provisions of City’s personnel policies handbook. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third parties. 59 Professional Engineering Services Agreement Page 4 of 14 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 will 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. 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 Consultant; 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 and for any claims regarding underpaid prevailing wages, 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). 60 Professional Engineering Services Agreement Page 5 of 14 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 shall survive termination of this Agreement and the services performed hereunder. 10. 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 shall be exclusive of defense costs, excluding Professional Liability Converage. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, and Automobile Liability policies. The insurance and required 61 Professional Engineering Services Agreement Page 6 of 14 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. 11. 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. 12. 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 15, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 15 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 15, Contractor will not 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, under any circumstances. 13. 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 Consultant. 62 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 13, 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 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor will not 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, under any circumstances. 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 Contractor becoming aware 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 will be Brian Guyer or such other individual as City designates 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 City’s Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement will be Rory Romey or such other individual as Contractor designates 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, Professional Engineering Services Agreement Page 7 of 14 63 Professional Engineering Services Agreement Page 8 of 14 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 are deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent by email to the email address 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. 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 will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor must be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, all regulations promulgated thereunder, and Executive Orders. 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. 64 Professional Engineering Services Agreement Page 9 of 14 Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Equal Employment Opportunity: As this is a federally assisted construction contract, pursuant to 41 CFR 60-1.3 and 1.4(b), during the performance of this Agreement, the Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 65 Professional Engineering Services Agreement Page 10 of 14 e. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. 20. 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 will have the right to request proof of such compliance and Contractor is obligated to furnish such proof. Contractor is 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. 66 Professional Engineering Services Agreement Page 11 of 14 21. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. 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 sub-Contractor or assignee will be bound by all of the terms and conditions of this Agreement including all applicable federal requirements related to the expenditure of CDBG monies. 22. 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 must not issue any statements, releases or information for public dissemination without prior approval of the City. 23. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 24. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 25. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 26. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 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. 67 Professional Engineering Services Agreement Page 12 of 14 27. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 29. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof will continue in effect. 30. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 32. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 33. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 34. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 35. Generative Artificial Intelligence (AI): 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. 68 Professional Engineering Services Agreement Page 13 of 14 36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 69 Professional Engineering Services Agreement Page 14 of 14 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT: Allied Engineering Services, Inc. BY: BY: Chuck Winn, City Manager Mark Fasting, PE Principal Civil Engineer DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 70 Civil • Geotechnical • Water Resources • Land Surveying • ConstrucƟon Services Corporate Office 32 Discovery Dr. Bozeman, MT 59718 Ph: (406) 582-0221 www.alliedengineering.com SAM UEI: LYARYWD1YSZ1 CAGE: IGHU7 April 20, 2026 Brian Guyer Community Housing Manager Phone: 406-589-4709 Email: brian.guyer@bozemanmt.gov RE: Family Promise Water System Improvements Scope of Work and Associated Fees Dear Mr. Guyer: The following presents our scope of work and associated costs for the water system improvements associated with Family Promise. The project site is located within the Genesis Business Park which currently operates on its own water and wastewater system. As City of Bozeman (COB) infrastructure and City limits have reached closer to the business park, connection of the Genesis water and wastewater systems to the COB system and annexation of the property has become available. The sanitary sewer system is currently planned to connect to existing COB mains within Stucky Road (separate project). The proposed improvements considered as part of this scope of work are specific to water system improvements to serve Family Promise. The water improvements will allow for service of the existing facility and expansion to provide additional housing units. Our scope of work will involve the design, permitting, and construction oversight for a new water main extension to serve the Family Promise properties. The proposed main extension will extend from the existing COB water main located in West Arnold Street, along Discovery Drive to a point adjacent to the northern Family Promise lot. The length of the extension is anticipated to be roughly 900 feet and will include two fire hydrants. A more detailed breakdown of scope items and costs are provided with the attached documents. Please reach out as we are happy to review our scope of work and coordinate for adjustments as needed. Sincerely, Allied Engineering Services, Inc. ____________________________________ Rory Romey, PE Project Manager enc: Summary of Scope and Cost of Work Breakdown of Scope Items Agreement for Professional Services 71 Task Subcost Cost 0 Project Management $1,923 1 Pre-Design Services 1.1 - Topographic and Boundary Survey $4,259 1.2 - Concept Plan Development $9,408 1.3 - Permitting Scope $1,212 1.4 - Preliminary Hydraulics Review $2,742 1.5 - Preliminary Cost Estimate and Scope Review $2,667 $20,288 2 Design Development 2.1 - Preliminary Plan Development $4,118 2.2 - Design Report and Hydraulics $8,703 2.3 - Draft Easement Documents (if required) $1,756 2.4 - Review with COB $1,225 $15,803 3 PERMITTING 3.1 - Federal Regulations - Subconsultant RTI $15,744 3.2 - Montana Department of Environmental Quality (DEQ) $9,122 3.3 - City of Bozeman Infrastructure Review $1,998 3.4 - Application Review Fees $1,600 $28,465 4 Construction Documents and Bidding 4.1 - Construction Documents $16,139 4.2 - Bidding $5,095 $21,234 5 CONSTRUCTION ENGINEERING 5.1 - Pre-construction $5,827 5.2 - Construction Administration $4,899 5.3 - Construction Inspection and Certification $36,481 5.4 - Construction Surveying $4,104 $51,311 Total $139,023 72 EXHIBIT A - CIVIL ENGINEERING SCOPE OF WORK Family Promise Water System Improvements Task 0 Project Management Tasks Project Management Total Proposed Fees $1,923 Task 1 Pre-Design Services Task 1.1 - Topographic and Boundary Survey Topographic and Boundary Survey; review and develop basemap drawing Proposed Fee: $4,259 Task 1.2 - Concept Plan Development Development of plans, review utility conflicts, kickoff meeting with COB Provide plans to COB for Review Encroachment analysis of proposed improvements Preliminary Cost Estimate Proposed Fee: $9,408 Task 1.3 - Permitting Scope Verify DEQ notice of change and permitting requirements Proposed Fee: $1,212 Task 1.4 - Preliminary Hydraulics Review Initial review of pressures and capacity; brief memo outline Proposed Fee: $2,742 Task 1.5 - Preliminary Cost Estimate and Scope Review Develop project schedule Review meeting with COB: plans and scope Revisions to scope and follow up items from meeting Proposed Fee: $2,667 Total Proposed Fee $20,288 Task 2 Design Development Task 2.1 - Preliminary Plan Development Incorporate comments from concept review submittal; develop permit level plans Proposed Fee: $4,118 Task 2.2 - Design Report and Hydraulics Develop simple hydraulic model to confirm system capacity Develop design report documenting estimated demands and system capacity. Proposed Fee: $8,703 Task 2.3 - Draft Easement Documents (if required) If required, produce draft easement exhibits for the water main extension. COB standard form to be utilized for easement language. Proposed Fee: $1,756 Task 2.4 - Review with COB Review meeting with COB; followup items Proposed Fee: $1,225 Total Proposed Fee $15,803 Task 3 PERMITTING Task 3.1 - Federal Regulations - Subconsultant RTI Determination of Categorical Exclusion (24 CFR 58.35) Environmental Assessment (if required) 24 CFR part 58 subpart E FUTURE COST IF REQD Environmental Impact Statement (if required) FUTURE COST IF REQUIRED Proposed Fee: $15,744 Task 3.2 - Montana Department of Environmental Quality (DEQ)Notice of Change Application Water Main Extension Application Stormwater Pollution Prevention Plan (does not include during construction admin) Proposed Fee: $9,122 Task 3.3 - City of Bozeman Infrastructure Review Submittal items not included as part of other scope Proposed Fee: $1,998 Task 3.4 - Application Review Fees DEQ Water Main (TBD) DEQ/Gallatin County Notice of Change (TBD) DEQ SWPPP (TBD) Proposed Fee: $1,600 Total Proposed Fee $28,465 Task 4 Construction Documents and Bidding Task 4.1 - Construction Documents Construction Plans Specifications Cost Estimate Proposed Fee: $16,139 Task 4.2 - Bidding Pre-bid meeting Respond to questions Issue Addenda Bid Opening, Review of Bids, Bid Summary Proposed Fee: $5,095 Total Proposed Fee $21,234 Allied Engineering Services, Inc. April 20, 2026 Page 1 73 EXHIBIT A - CIVIL ENGINEERING SCOPE OF WORK Family Promise Water System Improvements Task 5 CONSTRUCTION ENGINEERING Task 5.1 - Pre-construction Prepare pre-construction items, review contractor submittals Pre-construction meeting and summary Proposed Fee: $5,827 Task 5.2 - Construction Administration Progress Meetings and coordination Review Contractor pay applications and change orders Proposed Fee: $4,899 Task 5.3 - Construction Inspection and Certification Water main inspection Observe water main disinfection, pressure testing, bacteria testing Trench backfill compaction testing (for areas required) included with water main Compaction Testing of Road Section/verification of stable conditions Asphalt mix verification - subconsultant Asphalt core samples - subconsultant Asphalt compaction testing Concrete Testing Pre-pave walk through Final Walkthrough Certification packages for COB and DEQ Record Drawings Proposed Fee: $26,212 Task 5.4 - Construction Surveying Construction Staking Fire hydrant survey and certification Proposed Fee: $4,104 Total Proposed Fee $51,311 Project Total $139,023 Assumptions and Exceptions 1 2 3 4 5 6 7 8 9 10 Geotechnical investigation is not included with the above cost/scope of work. We anticiapte encountering gravel at relatively shallow depths. In our experience, no poly wrap is required for installation of ductile iron water main when installed in the gravels present in this area. Additional information can be provided upon request. The main improvements anticiapte the extension of water main from existing COB water located in West Arnold Street, approximately 900-feet to the north property boundary of the Family Promise property. No PRVs or considerations for blending with the existing Genesis water system are included. The cost for federal permitting only includes the determination of categorical exclusion and other potential checklists if required. It is possible this scope item/cost may be reduced. However, if it is determined that an environmental assessment is required, that would be an additional cost/scope beyond what is currently included. Allied Engineering Services, Inc. April 20, 2026 Page 2 74 April 20, 2026 Family Promise Water System Improvements Page 1 of 4 AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This Agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and City of Bozeman, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever CLIENT observes or otherwise becomes aware of any defect in the work. For projects that include construction staking, staking errors are infrequent but can occur. Contractors are responsible to build projects in accordance with the plans and specifications and therefore share responsibility to verify our stakes against the plans. Any discrepancies discovered should be reported in writing to the Engineer and Surveyor immediately and prior to performing any work in the area in question. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. Basis of Fees for Professional Services 75 April 20, 2026 Family Promise Water System Improvements Page 2 of 4 CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AESI, additional services will be charged on a time and materials basis with prior approval from the client. For reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees are summarized as follows: *Expert Witness: Expert witness services (for depositions and/or time in court) is charged at an hourly rate of 150 to 200 percent of the standard billing rate. Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. Reimbursable Expenses Reimbursable expenses mean the actual expenses incurred by AESI in connection with the project, including but not limited to, expenses for: transportation, subsistence, equipment rental, shipping costs, reproduction of reports, drawings, specifications, bidding documents, outside agency fees and similar project-related items. Subconsultants, outside rentals and other out of house expenses will be marked up 10 percent. Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Employee Rate Equipment Rate Engineer VIII $234/hour GPS Use $30/hour Engineer VII $208/hour Total Station $20/hour Engineer VI $178/hour Non-LiDar Drone $55/day Engineer V $167/hour LiDar Drone $150/hour, 4hr min Engineer IV $149/hour ATV Use $25/hour Engineer III $133/hour Nuclear Densometer $15/hour or $60/day Engineer II $120/hour Concrete Cylinder Breaks $10/each Engineer I $110/hour Mileage/Truck Rental $1.05/mile or $79/day (6+ hrs) Surveyor VI $197/hour Aquifer Monitoring Eqt. $250/week Surveyor V $167/hour Monitor Well Kits $50/each Surveyor IV $149/hour MASW $99/hour Surveyor III $138/hour Surveyor II $122/hour Surveyor I $103/hour Sr. CAD Designer $133/hour CAD Technician $117/hour Environmental Specialist $149/hour Project Representative $110/hour Intern $75/hour Administration $75/hour 76 April 20, 2026 Family Promise Water System Improvements Page 3 of 4 Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement at which time AESI reserves the right to stop work. CLIENT also agrees to pay all collection fees, including attorney fees, if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AESI. This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three (3) consecutive months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. To the fullest extent permitted by law, AESI hereby agrees to indemnify and hold CLIENT harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. To the fullest extent permitted by law, the CLIENT hereby agrees to indemnify and hold AESI harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, due to the activities of CLIENT, their agents, employees, or both, in performing the work required. AESI does not accept responsibility to any third parties that may claim damage by relying upon our work product. In cases where the third party is an agent of CLIENT, particularly a contractor hired by CLIENT, our legal relationship with said contractor shall be as defined in the latest version of Montana Public Works. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms of this agreement. AESI shall have and maintain complete control over all of its employees, subcontractors, agents, and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. This agreement applies to and shall be binding on the heirs, personal representatives, successors, and assignees of the respective parties. This agreement shall be construed according to the laws of the State of Montana. Limitations of Liability AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for 77 April 20, 2026 Family Promise Water System Improvements Page 4 of 4 jobsite and worker safety and for construction means, methods, techniques, sequences, and procedures of other companies. To the fullest extent permitted by law, the total liability, in the aggregate, of AESI and its officers, directors, partners, employees, agents, shareholders, and subconsultants, to CLIENT, and anyone claiming through or under CLIENT, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty, shall not exceed two times the sum total of AESI invoices to the CLIENT or the limits of our liability insurance (errors and omissions insurance), whichever is less. AESI and CLIENT further agree to waive against each other, and the other’s officers, directors, partners, employees, agents, shareholders, and subconsultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the performance of work or services of this agreement. 78 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Water Resources Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with DB Groundwater and Environmental LLC for the Municipal Groundwater Supply Project MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with DB Groundwater and Environmental LLC for the Municipal Groundwater Supply Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The original professional services agreement (PSA) with DB Groundwater and Environmental LLC (DBG&E) was authorized by City Commission on April 22, 2025 and provides third party technical assistance for the City’s municipal groundwater project. Amendment 1 to this PSA is attached, which extends the term of the agreement for an additional three years and increases the agreed fee by an additional $25,000 to a total amount not to exceed $50,000. Morrison Maierle is under contract as the City’s primary engineering consultant for the project municipal groundwater project. DBG&E provides technical assistance to the City as Morrison Maierle’s work progresses. Technical assistance is largely focused on applied scientific principles and operational aspects related to complex managed aquifer storage and recovery infrastructure. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The City has direct hired DBG&E in conformance with state procurement law and City purchasing policy. The total cost of professional services rendered will not exceed $50,000 as set forth in Amendment 1. The PSA is funded by capital improvement project ‘WIF33 – Test Well & Mitigation System Program’ which has sufficient unobligated funding available to cover the 79 amended cost. Attachments: Amendment 1_PSA w DBGW&E_Municipal GW.pdf Report compiled on: June 2, 2026 80 1st Amendment to Professional Services Agreement for Municipal Groundwater Professional Services FY 2026 – FY 2030 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DB Groundwater and Environmental, LLC dated April 22, 2025 (the “Agreement”) is made and entered into this 16th day of June, 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 DB Groundwater and Environmental, LLC, hereinafter referred to as “Consultant.” 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 2 of the Agreement is amended to extend the Agreement term for an additional three (3) year period. The Agreement shall terminate on June 16, 2029 or upon reaching the amended payment cap set forth in Section 3 of this amendment, whichever occurs first. 2. Scope of Services. Section 3 of the Agreement is amended to incorporate additional scope of services as follows: As directed by the City, the Consultant will provide professional services related to the review of documents, evaluating data gathered by others, reviewing design documents, and providing consultation to the City on various technical aspects associated with the City’s municipal groundwater project. 3. Payment for Scope of Services. The cost-not-to exceed amount at Section 4 of the Agreement is amended to provide a total payment of $50,000. This amendment provides an additional fee amount of $25,000 for the agreed scope of services. 81 1st Amendment to Professional Services Agreement for Municipal Groundwater Professional Services FY 2026 – FY 2030 Page 2 of 2 4. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA DB Groundwater and Environmental, LLC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: David Barnes Title: Owner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 82 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize City Manager to Sign Amendment 3 with Sanbell for the Fowler Avenue Connection Project MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Amendment No. 3 with Sanbell for the Fowler Avenue Connection project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the partially executed Amendment No. 3 with Sanbell for the Fowler Avenue Connection project. The document is in the City’s standard format. The original professional services agreement and previous amendments were for the design phases of the project. The design has been completed Segment 1 between Durston and Oak and is being prepared for bidding. Amendment No. 3 includes adding right of way acquisition support services (Phase 15), bidding services (Phase 16), and construction services (Phase 17) to the contract for that segment of the street. The bidding and construction phases are paid on a time and materials basis, so only those hours needed to complete the project will be compensated. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Not to exceed $289,825.52 from the Street Impact Fee Fund and the Arterial and Collector District Fund, Project Number SIF114. The project in included in the 2026 Adopted Annual Operating Budget at $9,953,500. Attachments: Fowler Connection Amendment No. 3.pdf Report compiled on: May 28, 2026 83 84 85 86 87 88 89 90 91 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Water Resources Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign Task Order 6 of the Professional Services Master Task Order Agreement with the Firm of HDR Engineering, Inc. Providing for East Gallatin River Water Quality Sampling and Analysis MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order No. 6 of the Professional Services Master Task Order Agreement with the Firm of HDR Engineering, Inc. Providing for East Gallatin River Water Quality Sampling and Analysis STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Water Reclamation Facility (WRF) under a master task order professional services agreement entered into on June 3, 2025. Task Order 6, attached, provides engineering services to perform water quality sampling and analysis for the East Gallatin River. Water quality data collected under Task Order 6 will be used to support WRF discharge permit renewal discussions with Montana DEQ, which include a planned revision to the East Gallatin River nutrient Total Maximum Daily Load (TMDL). A large water quality dataset has been collected for the river by the City since 2014. The City plans on utilizing these data to revise the TMDL and derive protective, scientifically defensible, and achievable nutrient water quality targets for WRF discharges to the East Gallatin River. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The negotiated fee for Task Order 6 is $71,896. Funding for this task order is provided in FY27 through capital improvement plan project WW112 at the amount of $72,000. Sufficient budget is available. Attachments: 2026_WRF_OnCall_Task Order No.6.pdf 92 Report compiled on: June 2, 2026 93 WRF Task Order No. 6 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 06 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated , 2026 between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. Water quality sampling on the East Gallatin River. See Attachment No. 1. COMPENSATION: The anticipated level of effort for the above Task items are based upon the following manhour projection and expense projection in Attachment No. 2. The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed without prior authorization, are as follows in Attachment No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 94 1 ATTACHMENT NO. 1 SCOPE OF SERVICES CITY OF BOZEMAN, MONTANA EAST GALLATIN RIVER WATER QUALITY STUDY, 2026 Task 100. Project Management Objective and Approach Consultant will provide project management activities for this task. Project management and administrative activities include the following: • Conduct scheduling, invoicing, work planning, and administrative activities to manage, to the extent possible, scope, budget, and schedule relative to activities summarized within this scope of services. • Conduct quality control reviews for deliverables anticipated under this contract, consistent with the standard of care for the engineering profession. • Coordinate with the Owner to address project expectations, scheduling, budget, progress, and coordination topics related to work being conducted as part of this contract. Assumptions • If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. • Quality control reviews of work activities and project deliverables are included in each task. • Invoice format will follow standard format by the Consultant. • Direct expenses for travel, printing, photocopying, and telephone conferences will be billed to Owner. Deliverables • Monthly invoices. Task 200. Study Preparation Objective and Approach A sampling and analysis plan (SAP) will be written for the 2026 water quality study. The SAP will be submitted to Montana DEQ for review and approval. Commencement of field work will occur after DEQ approval of the SAP. The preliminary sampling matrix, for purposes of estimating labor and equipment costs, is included in Appendix A. Landowner permission will be requested for site access where applicable. Energy Laboratories and Rhithron Associates will 95 2 provide analytical laboratory services. The analytical methods, reporting limits, preservation methods, and hold times identified in the SAP will be provided to the laboratories to confirm compliance. Assumptions • The SAP will follow the preliminary sampling matrix in Appendix A. • The SAP update will not require major revisions after the submittal to the DEQ. • Landowner permission can be obtained for accessing relevant sites where there is no other means of public access. If landowner permission cannot be obtained, the SAP will be modified by addendum to reflect the monitoring sites for which data will be collected. Deliverables • 2026 SAP, provided electronically. Task 300. Field Sampling Work Objective and Approach This task includes the labor and expenses for completing sampling on the East Gallatin as outlined in the 2026 SAP. One week of field work will be conducted in August to collect the information identified in the SAP. Three rental sondes will be deployed for one month to collect continuous water quality data. Sondes will be retrieved at the end of their monthlong deployment. Sonde field checks and cleaning will be conducted during the duration of sonde deployment. Assumptions • Three field staff will be deployed for the monitoring event. • Monitoring will be limited to the sites and parameters formally documented in the 2026 SAP and limited to the sampling matrix identified in Appendix A. • The City of Bozeman will provide the sonde deployment housing used for previous sampling events along with plexiglass viewing buckets per DEQ recommendations. • Laboratory quotes will not increase. Increases in laboratory fees will result in an amendment. Deliverables • Electronic copies of the laboratory reports if requested. 96 3 Task 400. Data Analysis & Entry to MT-eWQX Database Objective and Approach HDR will summarize the data collected in 2026 in a data summary report (DSR). The data will be verified by comparing the primary data to quality control results. The primary data will be qualified per the methods from the SAP. The DSR will present the qualified data in tables and graphs. Variances from the SAP will be discussed. Data quality will be discussed. Electronic copies of the field forms, field notes, chain of custody forms, and laboratory reports will be appended to the DSR. HDR will enter the data meeting quality control requirements into the Montana EQuIS water quality exchange (MT-eWQX) database. Assumptions • No meetings with DEQ are included. • The DSR will not need to be updated based on DEQ comments. Deliverables • Report the monitoring results in a DSR, provided electronically. 97 4 Appendix A: Sampling Matrix Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Benthic Macroinvertebrates One Month Sonde Deployment Field Flow Measurement FB Field Blank X X X X X X X X X X FD Field Duplicate X X X X X X X X X X X X X X EGALRUS1 Upstream of Site A, near Kelly Canyon Road X X X X X X X X X X X EGALRUS2 Upstream of Site A, before Bozeman Creek X X X X X X X X X X X EGALRA Site A, ~1.7 stream miles downstream of the Bridger Creek confluence X X X X X X X X X X X X X X X EGALRB Site B, ~0.3 stream miles upstream of Bozeman WRF outfall, Riverside Country Club X X X X X X X X X X X X X X EGWRF1 Downstream of City of Bozeman WRF outfall, south channel X X X X X X X X X X X EGWRF1a Downstream of City of Bozeman WRF outfall, north channel X X X X X X X X X X X X X X EGWRF3 Downstream of EGWRF1a X X X X X X X X X X X X X X EGALRC Site C, ~0.9 stream miles downstream of the Bozeman WRF outfall X X X X X X X X X X X X X X X 98 5 Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Benthic Macroinvertebrates One Month Sonde Deployment Field Flow Measurement EGALRD Site D, ~0.3 stream miles downstream of the Riverside Water & Sewer District ponds X X X X X X X X X X X X X X EGALRG Site G, Upstream of confluence with Hyalite Creek X X X X X X X X X X X X X X EGALRK Upstream of confluence with Smith Creek X X X X X X X X X X X X X X X BOZWRF City of Bozeman WRF Outfall X X X X X X X X X X HYLACRK Hyalite Creek X X X X X X X X X X X AG1 Agriculture Return 1, Location 2024 X X X X X X X X X X X AG2 Agriculture Return 2, Location 2024 X X X X X X X X X X X AG3 Agriculture Return 3, Location 2024 X X X X X X X X X X X 99 Fee Estimate as of 05/29/2026 Client: City of Bozeman WRF Project: East Gallatin Water Sampling 2026 Summary of Hours Project Manager 91.00 EIT/Designer 218.00 Accountant 10.00 Project Admin 14.00 Total Hours 333.00 Total HDR Labor $48,265.00 Total ODC $4,831.00 Total Subcontractors $18,800.00 Total Fee $71,896.00 100 Memorandum REPORT TO:City Commission FROM:Collin Mieras, Associate Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Ordinance for the Final Adoption of a Zoning Designation of R-B, Residential Mixed-Use Low-Medium District, in Association of 9.979 Acres, the Hanson Lane Annexation, Located North of Durston Road, West of New Holland Drive, and East of Hanson Street, Application 25775 MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Final Adoption of the Ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission unanimously (4:0) approved Application 25775 on May 5, 2026, to annex 9.979 acres, subject to terms of annexation, and voted (3:1) to establish an initial zoning designation of R-B (Residential Mixed Use Low- Medium District). A signed annexation agreement was received on May 26, 2026. The City Commission approved the Resolution of Annexation and provisionally adopted the Zone Map Amendment Ordinance on June 2, 2026. The Hanson Lane property is undeveloped, consists of 9.979 acres and is generally located north of Durston Road, east of Hanson Street, and west of New Holland Drive. The property is part of a larger inholding of unincorporated land, with city limits immediately adjacent to the property on three sides: the south, east, and northwest. The property is currently zoned SRR, Semi-Rural Residential, within Gallatin County. The Future Land Use Map in the Bozeman Community Plan (BCP) 2025 designates the property as “Urban Neighborhood” which includes R-B as an implementing zoning district. Adjacent municipal zoning includes R-A to the east and south, and R-A and PLI to the northwest. This application was deemed complete before the effective date of the update to Chapter 38, Unified Development Code. Therefore, review is being 101 completed under the prior documents and criteria. Any future development of the property will be completed under the current Unified Development Code at that time. The property owner does not have any current plans to develop the property after the completion of the annexation, zone map amendment, and subdivision exemption. Any possible future development will need to comply with the permitted uses and standards in the R-B zone district. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Attachments: 25775 Hanson Lane Zoning Ordinance 2026-____.pdf Hanson Lane ZMA Map.pdf Report compiled on: June 3, 2026 102 ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 9.979 ACRES AS R-B, RESIDENTIAL MIXED USE DISTRICT, KNOWN AS THE HANSON LANE ZONE MAP AMENDMENT, APPLICATION 25775. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution 2025-62, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, the Hanson Lane Zone Map Amendment, Application No. 25775, was deemed adequate before the effective date of Ordinance 2025-12-2151, adopting the new Chapter 38 Unified Development Code, and was therefore reviewed under the procedures and review criteria for zoning map amendments outlined in the previous Chapter 38 Unified Code; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-B (Residential Mixed Use) for approximately 9.979 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on April 20, 2026, to receive and review all written and oral testimony on the request for a zone map amendment; and 103 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that Application No. 25775, the Hanson Lane Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on May 5, 2026, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2025, by Resolution 2025-71 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2025, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-2-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2025, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 104 staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Hanson Lane Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-B, Residential Mixed Use District: An area of land comprised described as follows: A TRACT OF LAND IN THE E½SE¼ OF SECTION 3, AND THE W½W½SW¼ OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10, AND 11 THENCE NORTH 01º36'27" EAST ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 594.83 FEET; THENCE NORTH 89º38'43" WEST, ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN 10 FILM 134 OF DEED RECORDS, FILED WITH THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, A DISTANCE OF 286.86 FEET; THENCE NORTH 01º26'21" WEST, A DISTANCE OF 731.02 FEET; THENCE SOUTH 89º23'54" EAST, A DISTANCE OF 325.72 FEET TO THE SECTION LINE COMMON TO SECTIONS 2 AND 3; THENCE NORTH 89º44'00" EAST A DISTANCE OF 165.00 FEET; THENCE SOUTH 1º36'27" WEST PARALLEL TO THE WEST LINE OF SECTION 2, A DISTANCE OF 1,324.38 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE SOUTH 89º46'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO SURVEY RECORDED IN FILM 13, PAGE 166. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOZEMAN BY QUIT CLAIM DEED 105 RECORDED OCTOBER 25, 2005 AS DOCUMENT NO. 2207022, RECORDS OF GALLATIN COUNTY, MONTANA. SUBJECT to all easements of record or apparent from visual inspection of the property. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” 106 Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 107 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2026. The effective date of this ordinance is __________, __, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 108 0 75 SCALE: 1" = 75' 1503875 UULC PRELIMINARY - FOR REVIEWFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONOF HANSON LANEZMA MAPHANSON LANE ANNEXATIONANNEXATION APPLICATIONBOZEMAN, MONTANAH CN24006.08_HANSON_PLANS.DWGTH01/01/2026CITY REVIEW--------------24006.08ZMA MAP LEGEND: PROPERTY SIZE: 434,685 SQUARE FEET 9.979 ACRES ZONE: EX. COUNTY ZONING: SRR PRO. CITY ZONING: R-B HANSON LANE ZMA MAP PROPERTY NOTES: THE EXISTING STRUCTURE LABELED ON THE SITE IS LEGALLY DESCRIBED AS: "AAP1 - POLE FRAME BUILDING, 4 SIDES CLOSED, METAL." BUILT IN 1978. DIMENSIONS ARE 40'X52'. THE SECTION LINE DITCH IS A SINGULAR DITCH RUNNING SOUTH TO NORTH ALONG AND THROUGH THE SUBJECT PROPERTY. IRREGULAR VEGETATION IS FOUND ALONG THE EDGE. THE DITCH RUNS OUT OF A STORM DRAIN AT THE SOUTH END AND INTO A STORM DRAIN AT THE NORTH END OF THE SUBJECT PROPERTY. THE DITCH ACTS AS AN IRRIGATION FACILITY. LEGAL DESCRIPTION: A TRACT OF LAND IN THE E½SE¼ OF SECTION 3, AND THE W½W½SW¼ OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10, AND 11 THENCE NORTH 01º36'27" EAST ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 594.83 FEET; THENCE NORTH 89º38'43" WEST, ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN 10 FILM 134 OF DEED RECORDS, FILED WITH THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, A DISTANCE OF 286.86 FEET; THENCE NORTH 01º26'21" WEST, A DISTANCE OF 731.02 FEET; THENCE SOUTH 89º23'54" EAST , A DISTANCE OF 325.72 FEET TO THE SECTION LINE COMMON TO SECTIONS 2 AND 3; THENCE NORTH 89º44'00" EAST A DISTANCE OF 165.00 FEET; THENCE SOUTH 1º36'27" WEST PARALLEL TO THE WEST LINE OF SECTION 2, A DISTANCE OF 1,324.38 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE SOUTH 89º46'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO SURVEY RECORDED IN FILM 13, PAGE 166. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOZEMAN BY QUIT CLAIM DEED RECORDED OCTOBER 25, 2005 AS DOCUMENT NO. 2207022, RECORDS OF GALLATIN COUNTY, MONTANA. ZONE DEFINITIONS: CITY: R-A: RESIDENTIAL DISTRICT R-B: RESIDENTIAL MIXED-USE DISTRICT PLI: PUBLIC LANDS AND INSTITUTIONS DISTRICT COUNTY: SRR: SEMI - RURAL RESIDENTIAL ZONE R: GENERAL RESIDENTIAL ZONE 109 Memorandum REPORT TO:City Commission FROM:Bailey Minnich, Development Review Planner Chris Saunders, Community Development Manager Erin George, Community Development Director Jennifer Giuttari, Assistant City Attorney SUBJECT:Ordinance Provisionally Adopting A Text Amendment to Revise Division 38.330 (Wireless Facilities), Section 38.710.160 (Submittal Materials for Telecommunications), and Division 38.800 (Definitions) within Chapter 38 of the Bozeman Municipal Code, Application 26074 MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 26074, and move to provisionally adopt the ordinance. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: The City adopted the present code structure of telecommunication regulations in 1998 to respond to changes in federal law. In adopting these local laws, the City understands that it has a duty to protect the public health, safety, and welfare. The City recognizes that this duty must be considered when it regulates the placement, construction, and modification of wireless facilities. The City’s local government authority to regulate wireless facilities is governed by the federal Telecommunications Act of 1996 which substantially preempts local control of telecommunication regulations. The application proposes the adoption of code amendments necessary to ensure that the telecommunication and wireless facilities code under Bozeman Municipal Code (BMC) 38.330 Wireless Facilities is compliant with evolving federal law. The proposed wireless facilities standards are intended 110 to ensure the City is properly regulating the location, placement, dimension, and design of wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. The complete proposed amendments were published for public notice on May 2, 2026, May 9, 2026, and May 30, 2026, and subsequently combined and reformatted into the attached Ordinance. No public comments on the proposed amendments have been submitted at this time. The Community Development Board, in their capacity as the Planning Commission, made a recommendation of approval to the City Commission on June 1, 2026 after conducting their public hearing, considering the draft document and public comments, and reviewing the required criteria for decision. The Board made a separate motion to amend Section 38.330.040.B.1.f Aesthetics, All wireless facilities, which has been double- underlined within the draft Ordinance and draft Division 38.330 Wireless Facilities, linked below and at the end of the attached staff report. Staff does not have a concern with the recommended language proposed by the Planning Commission at this time. Draft Ordinance XXXX - Wireless & Telecommunications Ordinance [External Link] Showing all edits Division 38.330 Wireless Facilities [External Link] clean text showing final text Section 38.710.160 Submittal Materials for Telecommunications [External Link] clean text showing final text Division 38.800 Definitions [External Link] clean text showing final text This is the first text amendment the City has processed under the Montana Land Use Planning Act (MLUPA). The Unified Development Code (UDC), at BMC Division 38.770, contains the process for completing text amendments and references the specific criteria of MLUPA as outlined in 76-25-304(2), Montana Code Annotated (MCA). The City's review of the MLUPA criteria is provided in the attached staff report. The proposed text amendment complies with all public hearing and notice requirements outlined within BMC 38.770.030. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:None at this time. Attachments: 26074 Staff Report - Wireless Facilities Ordinance_City Commission.pdf 26074 Division 38.330 Wireless Facilities_CDB Proposed 111 Amend.pdf Report compiled on: June 4, 2026 112 Page 1 of 11 26074 Staff Report for the City of Bozeman Wireless Facilities Ordinance Public Hearings: Community Development Board – June 1, 2026 City Commission – June 16, 2026 Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to revise the regulation of wireless facilities in compliance with federal regulations. Project Location: Revisions to the text are applicable city-wide in all zoning districts per Chapter 38 – Unified Development Code (UDC). Recommendation: Meets applicable criteria for approval. Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 26074 and move to recommend approval of the amendments. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 26074, and move to provisionally adopt the ordinance. Report: June 3, 2026 Staff Contact: Jennifer Giuttari, Assistant City Attorney Bailey Minnich, Development Review Planner Agenda Item Type: Action – Legislative 113 26074, Staff Report for Wireless Facilities Ordinance Page 2 of 11 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 3 Project Summary ................................................................................................................. 3 Unresolved Issues ............................................................................................................... 3 Public Comment.................................................................................................................. 4 Community Development Board ........................................................................................ 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .... 5 Section 76-25-304, MCA Zoning Regulations Criteria (2.c-2.d) ....................................... 6 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 10 APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF .................... 10 FISCAL EFFECTS ................................................................................................................. 11 ATTACHMENTS ................................................................................................................... 11 114 26074, Staff Report for Wireless Facilities Ordinance Page 3 of 11 EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Project Summary The City adopted the present code structure of telecommunication regulations in 1998 to respond to changes in federal law. In adopting these local laws, the City understands that it has a duty to protect the public health, safety, and welfare. The City recognizes that this duty must be considered when it regulates the placement, construction, and modification of wireless facilities. The City’s local government authority to regulate wireless facilities is governed by the federal Telecommunications Act of 1996 which substantially preempts local control of telecommunication regulations. Because of the technical nature of telecommunications law, the City sought out a consultant who specializes in wireless and telecommunications law so the City can ensure that it provides and issues clear and consistent regulations and standards for wireless and telecommunication facilities that are consistent with federal mandates. The City published a request for proposals on November 23rd and December 7th, 2024, seeking firms and individuals who could provide expert consultation and advice on creating a revised wireless facilities/telecommunications ordinance and general telecommunications permitting processes. On March 11, 2025, the City Commission authorized the City Manager to sign a PSA with the selected firm, CityScape Consultants Inc., for legal services to assist with the previously stated objectives. The City understood that, in consideration of the selected consultant's direction and advice, this update may include modifications to its telecommunication and wireless facilities code. The application proposes the adoption of code amendments necessary to ensure that the telecommunication and wireless facilities code under Bozeman Municipal Code (BMC) 38.330 Wireless Facilities is compliant with evolving federal law. The proposed wireless facilities standards are intended to ensure the City is properly regulating the location, placement, dimension, and design of wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. The ordinance includes updates and modifications to Division 38.330 Wireless Facilities (external link at end of report), Section 38.710.160 Submittal Materials for Telecommunications (external link at end of report), and Division 38.800 Definitions (external link at end of report). The full details of the text amendment are provided in the attached Ordinance. As proposed, project applicants subject to the City’s plan review process will be required to demonstrate compliance with the updated standards and processes. Unresolved Issues None. 115 26074, Staff Report for Wireless Facilities Ordinance Page 4 of 11 Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to recordings will be added to this report as the review of the project moves forward. No public comment has been provided as of the date this report was written. Community Development Board The Community Development Board (CDB), in their capacity as the Planning Commission, made a recommendation of approval to the City Commission on June 1, 2026 after conducting their public hearing, considering the draft document and public comments, and reviewing the required criteria for decision. The Board made a separate motion to amend section 38.330.040.B.1.f Aesthetics, All wireless facilities, which has been double-underlined within the draft Ordinance and draft Division 38.330 Wireless Facilities linked at the end of this report. The proposed language is: f. Exterior façade materials and the character of equipment shelters compounds used in residential areas must be of architectural materials of similar appearance as those commonly used in the immediate area. The architectural design of the exterior of the shelter must be compatible with surrounding residential structures. The purpose of the requirements of this subsection may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this chapter, which will obscure the entire equipment shelter compound. The screening must be in place prior to the commencement of operations of the facility. Staff does not have a concern with the recommended language proposed by the Planning Commission at this time. Alternatives 1. Adopt the ordinance as presented; 2. Direct revisions to the ordinance prior to adoption; 3. Do not adopt the ordinance; or 4. Request additional information and continue discussion on the ordinance. SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. 116 26074, Staff Report for Wireless Facilities Ordinance Page 5 of 11 The Community Development Board in their capacity as the Planning Commission, held a public hearing on June 1, 2026, at 6 pm. The City Commission will hold a public hearing on the text amendment on June 16, 2026, at 6:00 p.m. and decide whether the proposed amendments should be adopted or not. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING Federal Law – The Telecommunications Act of 1996 (“TCA”) is a federal law that strictly dictates how local governments regulate telecommunication and wireless facilities. Since the passage of the TCA, various other federal legislation and rulings from the Federal Communications Commission have also been enacted. Thus, in addition to the TCA, local governments are also required to adhere to these additional laws when regulating telecommunications and wireless facilities. This vast body of law imposes specific restrictions and conditions on local governments, and establishes strict application and review procedures and timelines for wireless facility applications that local governments must follow. Staff and the Consultant find that the draft ordinance as proposed is consistent with the federal requirements for review and regulation of wireless facilities. State Law - In considering applications for amendment approval under this title, the advisory boards and City Commission must consider the following criteria per MCA 76-25-304.2.c-2.d. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. A zone text amendment must be in accordance with the land use plan (criteria 2.c), accommodate needed housing types (criteria 2.c.i), contain five or more specific strategies to encourage development of housing (criteria 2.c.ii), reflect allowable uses and densities adequate to be served by public services (criteria 2.c.iii), allow sufficient area for existing, new or expanding commercial and industrial uses (criteria 2.c.iv), protect, minimize or avoid impacts and dangers to the natural environment (criteria 2.c.v-2.c.vii), and preliminary determine whether the amendment results in new or increased impacts to local facilities, services, natural resources, natural environment, or natural hazards previously analyzed in the assessment of the land use plan. Therefore, to approve a zone text amendment, the Commission must find that Criteria 2.c- 2.d are met. Local Law – In determining whether the criteria and guidelines under state law are met, Staff considers the entire body of plans and regulations for land use and development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Division 38.770 of the UDC contains the process for completing text amendments and references the specific criteria of MCA 76-25-304(2) listed previously. The proposed text amendment follows all public hearing and notice requirements outlined within BMC 38.770.030. 117 26074, Staff Report for Wireless Facilities Ordinance Page 6 of 11 The existing municipal code provisions regulating wireless facilities were, at the time of adoption, found to satisfy all the required criteria. As such, the focus of this report is only on the amendments proposed. Unless shown as being edited in the draft ordinance, all existing standards stay as currently adopted. Where a finding of neutral is presented, it represents that the criteria or guideline has been considered and the change does not materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-25-304, MCA Zoning Regulations Criteria Zoning regulations must: 2.c. Be in substantial compliance with the land use plan. Yes, the criterion is met. The proposed amendments are in conformance with the growth policy. As the growth policy provides a high-level vision of how a community hopes to develop over time, it does not dictate uses or specific standards to the level of detail contained in this ordinance. However, it does identify issues and priorities for consideration with specific goals and objectives that are desired outcomes. The Bozeman Community Plan 2025 (BCP2025), adopted in November 2025, establishes the City’s policies for growth and regulation of land uses and development. It continues concepts and community priorities that were established in several prior growth policies. Prior growth policies encouraged creation of development standards that supported predictable review processes and addressed areas of community concerns. The following relevant goals and objectives included in the BCP2025 are supported by the proposed amendments. As such, the draft ordinance includes specific standards that are in accordance with the BCP2025 and referenced below. R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. • The proposed amendments are a result of updates to federal regulations which include best practices, new approaches, and advanced techniques from the wireless communication industry. During the development of the proposed ordinance, the City engaged with a professional consultant, experts in the field of wireless facilities, to ensure the ordinance reflects the changing technology and remains relevant and practical to Bozeman’s circumstances. The proposed amendments provide clear and consistent regulations and standards for wireless and telecommunication facilities. 118 26074, Staff Report for Wireless Facilities Ordinance Page 7 of 11 DCD-4.2: Continuously invite and give due consideration to the input of design and development professionals in the improvement of the city’s project evaluation processes and development code. • The proposed amendments were developed and refined by engaging with industry professionals who are well educated on the impacts of the changes in federal regulations and able to provide suggestions to improve the City’s development standards and permitting process. Based on their recommendation for compliance with federal regulations, the proposed amendments include a new separate process for Eligible Facility Requests if compliant with required standards. EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. • Wireless communications are a necessary requirement for the development of a thriving economic center in the current modern world. Advances in telecommunication technologies, preferences, and remote work possibilities make standards for wireless facilities an important aspect of Bozeman’s zoning regulations. The proposed regulations enable rapid deployment of changing technologies with minimized impacts on existing users by creating simplified review processes for smaller facilities. Emerging technologies focus on higher density use in smaller areas so placement is more frequent but usually shorter and less visually obtrusive. EE-1.5 Support expansion of current and emerging infrastructure technologies including fiber optic service and other communication infrastructure. • The proposed amendments are an implementation of the federal communication regulations and support both current and emerging communication infrastructure within Bozeman’s city limits. The proposed wireless facilities standards are intended to ensure the City is properly regulating the location, placement, dimension, and design of wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. No element of the proposed ordinance affects the future land use map as the process amendments do not change land use designations or zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. 2.c.i. Accommodates the projected needed housing types identified in 76-25-206. Neutral. The proposed amendments to the wireless facilities standards do not apply to this criterion. The City’s standards regarding accommodating housing types are established through the City’s zoning districts, which are not changed with these amendments. The proposed wireless facilities standards are intended to ensure the City properly regulates the location, placement, dimension, and design of wireless and telecommunication facilities, in 119 26074, Staff Report for Wireless Facilities Ordinance Page 8 of 11 compliance with federal and state law, FCC rulings, and case law updates. The City of Bozeman’s Unified Development Code adopted in December 2025 was, at the time of adoption, found to satisfy the required criteria. 2.c.ii. Contains five or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction. Neutral. The proposed amendments to the wireless facilities standards do not apply to this criterion. As previously described, the proposed amendments are to bring the City’s telecommunication standards into compliance with federal regulations. Modifications to standards related to the development of housing within the jurisdiction are not proposed with this update. The recent adoption of the City of Bozeman’s Unified Development Code in December 2025 was, at the time of adoption, found to satisfy the required criteria. 2.c.iii. Reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in 76-25-207. Criteria is met. Standards for the provision of municipal transportation, sewerage, schools, parks, and other public requirements are not being altered with this ordinance. The proposed wireless facilities standards are intended to ensure the City is properly regulating the location, placement, dimension, and design of wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. No changes to the specific types of wireless facilities permitted within each zoning district are proposed with this amendment. Initial contact with emergency services is often through the 911 system serviced by wireless facilities. The updated regulations provide for coverage throughout the community to ensure the availability of emergency communications. 2.c.iv. Allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in 76-25-208 for targeted economic growth in the jurisdiction. Yes, the criterion is met. The proposed wireless facilities standards are intended to ensure the City is properly regulating wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. Wireless communications are an important requirement for the development of a thriving economic center. Advances in telecommunication technologies, preferences, remote work, as well as public health and safety for emergency communications, make standards for wireless facilities an important aspect of Bozeman’s zoning regulations. The existing municipal code provisions regulating wireless facilities were, at the time of adoption, found to satisfy the required criteria, and 120 26074, Staff Report for Wireless Facilities Ordinance Page 9 of 11 therefore, the standard continues to be met. The updated regulations further support collocation on existing structures which facilitates the provision of telecommunication services within employment areas. 2.c.v. Protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209. Neutral. Standards for the protection of the ability to develop natural resources are not being altered with this ordinance. The proposed wireless facilities standards are intended to ensure the City is properly regulating wireless and telecommunication facilities, in compliance with federal and state law. No changes to the specific types of wireless facilities permitted within each zoning district are proposed with this amendment. Additionally, the existing municipal code provisions regulating wireless facilities identify specific permitting processes for the modification of existing telecommunication facilities or the establishment of new facilities. Any new facilities must be reviewed in compliance with all City regulations including the wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman Municipal Code. Impacts to the natural resource area are addressed at the time of site- specific development review. The standards listed within BMC 38.610 and 38.620 are not being changed with the proposed amendments and therefore, this criterion continues to be met. 2.c.vi. Minimizes or avoids impacts to the natural environment within the area, as identified in 76-25-209. Yes, this criterion is met. Standards for the protection of natural resources are not being altered with this ordinance. The proposed wireless facilities standards are intended to ensure the City is properly regulating wireless and telecommunication facilities, in compliance with federal and state law. Impacts to the natural resource area are addressed at the time of site- specific development review through an associated planning application and/or building permitting process. The existing municipal code provisions regulating wireless facilities identify specific permitting processes which must be reviewed in compliance with all City regulations, including the wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman Municipal Code. The standards listed within BMC 38.610 and 38.620 are not being changed with the proposed amendments and therefore, this criterion continues to be met. 2.c.vii. Avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209. Yes, the criterion is met. The recent adoption of the City of Bozeman’s Unified Development Code in December 2025 was, at the time of adoption, found to satisfy the required criteria. The proposed amendments to the wireless facilities standards are intended to comply with all applicable federal and state laws regarding telecommunication services. No changes are proposed to the City regulations regarding the natural environment or natural hazards, 121 26074, Staff Report for Wireless Facilities Ordinance Page 10 of 11 specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards, or BMC 38.600 Floodplain Regulations. Potential dangers associated with natural hazards are identified and addressed at the time of site-specific development review through an associated planning application and/or building permitting process. Enabling the provision of adequate wireless services can facilitate the dispatch of emergency services to respond to hazards such as wildfire or human/animal conflict. 2.d. Preliminarily determine whether the proposed zoning regulation, map, or amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted for the land use plan. Yes, this criterion is met. The proposed amendments do not result in new or increased impacts to local facilities or services, natural resources, natural environments or natural hazards. The recent adoption of the City of Bozeman’s Unified Development Code in December 2025 was, at the time of adoption, found to satisfy the required criteria. As previously stated, the proposed wireless facilities standards are intended to ensure the City is properly regulating wireless and telecommunication facilities, in compliance with federal and state law, FCC rulings, and case law updates. The Federal Communications Commission retains all authority to review any safety issues related to emissions from wireless facilities. The City is preempted from considering this issue. Therefore, considering the code as a whole, the standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of BMC 38.730. Notice was published in the Bozeman Daily Chronicle on 5/2/2026, 5/9/2026, and 5/30/2026. These notices contain all required elements. Notice was provided at least 15 business days before the public hearing conducted by the Community Development Board in their capacity as the Planning Commission, and not more than 45 days prior to the City Commission public hearing. No public comments have been received as of the date this report was written. APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Representative: City Attorney & Community Development, City of Bozeman, PO Box 1230, Bozeman, MT 59771 Report By: Jennifer Giuttari, Assistant City Attorney Bailey Minnich, Development Review Planner 122 26074, Staff Report for Wireless Facilities Ordinance Page 11 of 11 FISCAL EFFECTS None at this time related to this Amendment. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project- information-portal, select the “Project Documents Folder” link and navigate to application 26074. Project documents are available at this direct link to the public Laserfiche archive for application 26074 with direct links to individual documents provided below: Draft Ordinance XXXX – Wireless & Telecommunication Ordinance Division 38.330 Wireless Facilities Section 38.710.160 Submittal Materials for Telecommunications Division 38.800 Definitions 123 Wireless Facilities Ord. - Page 1 of 33 - ORDINANCE XXXX AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING DIVISION 38.330 WIRELESS FACILITIES, SECTION 38.710.160 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS, AND DIVISION 38.800 DEFINITIONS, APPLICATION 26074 WHEREAS, the City adopted the present code structure on telecommunication regulations in 1998 to respond to changes in federal law; and WHEREAS, wireless and telecommunications law is primarily governed by federal statutes such as the Telecommunications Act of 1996 and rulings from the Federal Communications Commission; and WHEREAS, due to federal preemption, the City is obligated to ensure that its telecommunication and wireless laws comply with federal law; and WHEREAS, the proposed Ordinances brings the Bozeman Municipal Code Sec. 38.330 – Wireless Facilities current with federal mandates; and WHEREAS, because this Ordinance is considered a zone text amendment, the City is required to publish a public notice pertaining to the amendments and to go before the Planning Commission; and WHEREAS, the City published three notices in the Bozeman Daily Chronicle on May 2, 9, and 30th 2026; and WHEREAS, the Planning Commission held a public hearing on June 1, 2026 to review the proposed amendments; and WHEREAS, the staff report reflects the Planning Commission’s vote and recommendations. 124 Wireless Facilities Ord. - Page 2 of 33 - NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Bozeman Municipal Code. Section 38.330.010 shall be amended as follows: Sec. 38.330.010. - Purpose and applicability. A. It is the duty of the city to protect the public health, safety and welfare and the city has the authority to regulate the placement, construction and modification of wireless facilities in the advancement of that duty. B. The city commission finds that: 1. The aesthetic character of the city is a matter of substantial economic importance and general concern to the citizens of the city, as described in the city's adopted land use plan, and is an important part of the public welfare; 2. Wireless facilities are often visually obtrusive due to their necessary height, support equipment and interruption of the viewscape, and can have substantial negative impacts on the character of the city and its surrounding viewsheds; 3. The impacts of wireless facilities can be reduced by establishing standards for location, structural integrity, compatibility and collocation; 4. To reduce visual and other impacts on the community the city desires to promote collocation, use of stealth concealed installations of wireless facilities and the use of smaller less intrusive facilities to minimize the need to construct new large scale wireless facilities; 5. The city desires to provide clear and consistent regulations for review of proposed wireless facilities; 6. The city desires to support the ability of telecommunication service providers to deliver such services to the community consistent with other community objectives; 7. The construction of new large scale wireless facilities is the action of last resort to provide for wireless communication services and should only be undertaken when alternatives are not available; 8. It is necessary to determine the locations and circumstances most appropriate for placement of wireless facilities to serve the community; 9. Consistent with applicable law, the city desires to minimize the adverse 125 Wireless Facilities Ord. - Page 3 of 33 - visual impacts of wireless towers and antennas and antenna arrays through careful siting, design, landscape screening and innovative camouflaging screening; 10. The city seeks to protect against potential health and safety hazards to citizens and prevent damage to adjacent properties; 11. The city intends to exercise its authority with respect to the regulation of the placement, construction and modification of wireless facilities, to the fullest extent permitted by applicable law; 12. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996 and subsequent federal judicial and legislative interpretation, and has constructed its regulations in a manner that does not unreasonably discriminate between providers of functionally equivalent personal wireless service, and that does not prohibit or has the effect of prohibiting personal wireless service in the city; 13. The city recognizes that the Federal Communication Commission exercises certain sole authority in the licensing and other regulation of wireless services; 14. The adequate review of a telecommunications application may require expertise not typically possessed by city staff which would require the city to obtain qualified outside expertise to properly evaluate an application; and 15. Outside review would generate additional costs to the public to preserve the public interest these costs must be mitigated and should properly be mitigated by those causing such additional costs. C. General application. All uses listed in this division are subject to the specific standards described for each use, in addition to all other applicable standards which may apply, and are limited to those districts specified. The provisions of this division apply to development and modification of large scale wireless facilities, micro-scale wireless facilities, non-broadcast telecommunication facilities and small scalewireless facilities. These and other terms are defined in article 8. 1. The provisions of this division only apply to facilities which meet the definition of a wireless facility or that are otherwise specifically brought under the authority of this division. Section 2 126 Wireless Facilities Ord. - Page 4 of 33 - Bozeman Municipal Code. Section 38.330.020 shall be amended as follows: Sec. 38.330.020. - Special submittal requirements. In addition to the materials required by 38.710 for concept plans, sketch plans, site plans, or special use permits the materials required by 38.710.160 must be submitted. Section 3 Bozeman Municipal Code. Section 38.330.030 shall be amended as follows: Sec. 38.330.030. - Uses within districts and required review procedures. A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by this division, all other standards and procedures of this chapter apply. B. Permitted wireless facility uses. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.330.030-1, based on the applicable zoning district and scope of the proposed facility. All applications are subject to the review processes, submittal requirements and other requirements of article 7 as may be applicable. Previously approved applications may be modified per 38.740.120. 127 Wireless Facilities Ord. - Page 5 of 33 - Table 38.330.030-1. Zoning District Large Scale (Macro) Small Wireless Micro-Scale Non-Broadcast Eligible Facility Request PLI P P A P A M-2 P P A P A M-1 P P A P A B-P S P/S A P A B-3C S P/S A P A B-3 S P/S A P A B-2 S P/S A P A B-2M S P/S A P A B-1 P P/S A P A REMU S P/S A P A NEHMU P P A P A R-D S S A P A R-C S S A P A R-B S S P P A R-A S S P P A C. Special review requirements by type. 1. For small scalefacilities listed as "P/S" in the table above, special use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan an eligible facilities request in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has Review procedures. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 128 Wireless Facilities Ord. - Page 6 of 33 - otherwise been approved under 38.740 or 38.250, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations, other than an eligible facilities request, located within the neighborhood conservation overlay district (NCOD) are subject to must be reviewed against the criteria of 38.240.020 as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must complete a concept review per 38.740 with the community development department. The purpose of the concept review is to acquaint the participants with the applicable requirements of this division, as well as with any preliminary concerns the department may have. 6. The applicant's concept review submittal must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 75. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 86. The provisions of 38.790 must apply for all nonconforming facilities subject to this division. 97. A large scale wireless facility may be allowed in the R-A, R-B, R-C, R-D and REMU districts by special use permit only when demonstrated to be necessary to meet federal requirements for continuity of service in an area. 129 Wireless Facilities Ord. - Page 7 of 33 - Section 4 Bozeman Municipal Code. Section 38.330.040 shall be amended as follows: Sec. 38.330.040. - Standards. A. Safety. All wireless facilities subject to this division must meet the following standards: 1. The structural design for all wireless facilities greater than 10 feet in height or which have more than four square feet of total antenna area must be certified by a professional structural engineer licensed to practice in the state. A building permit must be obtained prior to the installation of any facility subject to this division. 2. All wireless facilities must meet or exceed current standards and regulations of the FCC, FAA, and any other agency with the authority to regulate wireless facilities. If such standards are changed, the owner must modify the installation to comply with the new standards within six months of the effective date of the new standards or regulations unless a different implementation schedule is required by the issuing agency. 3. Wireless facilities with a base located at grade must be enclosed within a secure fence not less than six feet in height, or the tower itself must be equipped with an appropriate anti-climbing device. B. Aesthetics. 1. All wireless facilities. a. The provisions of this section may be waived by the review authority as determined by 38.760 38.700 where it has been demonstrated that the waiver will result in superior compliance with the purposes of this chapter. b. All installations must be as visually unobtrusive as is feasible. Facilities and equipment mounted on existing structures must be visually incorporated into the structure or background by the use of architectural elements, color, screening or other concealment methods. c. No exterior lighting or lighted signage is permitted. d. All structures must be constructed in conformance with the standards of the city's technical codes adopted International Building Code in Chapter 10 Article 2. 130 Wireless Facilities Ord. - Page 8 of 33 - e. In addition to landscaping required by 38.540, vVisual screening of ground mounted equipment must be provided in all residential areas and where a facility is located within a non-residential area which is visible, from a viewpoint five feet above grade, from a residential area. Screening must provide an opaque screen within 18 months of establishment and be a minimum of four feet in height. The screening may be of landscape materials or a an opaque fence which otherwise complies with this chapter. Chain link fence with slats does not meet the opacity requirement. The site must comply with the landscaping provisions of article 5. f. Exterior façade materials and the character of equipment shelters compounds used in residential areas must be of architectural materials of similar appearance as those commonly used in the immediate area. The architectural design of the exterior of the shelter must be compatible with surrounding residential structures. The purpose of the requirements of this subsection may be met by providing opaque fencing or other visual screening compatible with the neighborhood, in compliance with all other sections of this chapter, which will obscure the entire equipment shelter compound. The screening must be in place prior to the commencement of operations of the facility. 2. Preferences. In order to justify the construction of a wireless structure, the applicant must demonstrate that higher ranking alternatives in the following hierarchy, beginning with subsection a.(1) below, do not constitute feasible alternatives. The order of preference, from most preferred to least preferred and based on technical feasibility, for new wireless facilities is: a. Facility size. (1) Micro-scale wireless facilities or collocation on existing large scale wireless facilities; (2) Small scalewireless facilities; (3) Large scale wireless facilities 50 feet or less in height; and (4) Large scale (Macro) wireless facilities in excess of 50 feet in height. b. A facility meeting the definition of stealth concealed, as defined in 38.800.200, is always preferred over a facility of the same scope which does not meet the definition of stealth concealed. Stealth Concealed facilities may be required in historic districts and under other circumstances. 131 Wireless Facilities Ord. - Page 9 of 33 - c. As appropriate, the following evidence may also be submitted to demonstrate compliance with this section: (1) That no existing wireless communications facility within the search area meets the applicant's radio frequency engineering or height requirements; (2) That no structure within the search area has sufficient structural strength to support the applicant's proposed antennas or antenna arrays; or (3) That there are other verifiable limiting factors that render collocated or other more preferred options unsuitable or unreasonable. d. Self-supporting lattice or guyed structures are generally preferred over monopoles. 3. Special standards. The following special standards apply as shown in Table 38.330.040-1: 132 Wireless Facilities Ord. - Page 10 of 33 - Table 38.330.040-1. Zoning District Large Scale Small Wireless Micro-Scale Non-Broadcast Eligible Facility Request PLI b b b - b M-2 b b b - b M-1 b b b - b B-P c a, c b - b B-3C c a, c b - b B-3 c a, c b - b B-2 c a, c b - b B-2M c a, c b - b B-1 c a, c b - b REMU d a, c b - b NEHMU b b b - b R-D d a, c a, b - b R-C d a, c a, b - b R-B d a, c a, b - b R-A d a, c a, b - b Key: a = Stealth Concealed installation is required b = Wireless facilities may exceed the maximum height of a district but are subject to the limitations of this section c = The height limitation of the district may be exceeded by the least amount necessary to provide services, but only when service may not otherwise be provided by a less intensivemore preferred facility as set forth above or an alternative site d = Only allowed when service may not be provided from an alternative site or a less intensivemore preferred facility installation or set of installations 4. Stealth Concealed. a. Installations located within the conservation overlay district must be stealthconcealed facilities. b. A stealthconcealed wireless facility may exceed the height limitations of the district by 10 feet. 5. Small scalewireless facilities. All small scalewireless facilities 133 Wireless Facilities Ord. - Page 11 of 33 - established in the neighborhood conservation district must be installed in such a way as to maintain the historic or architectural character of the host site. All sites must maintain the least possible visual obtrusiveness. Figure 38.330.040-1. Small-scale wireless facilities. 6. Large scale wireless facilities. No large scale wireless facility will be permitted unless the applicant demonstrates that the proposed facility cannot be accommodated on an existing structure or by placement of a smaller facility. In order to justify the construction of a large wireless facility, the applicant must demonstrate that higher ranking alternatives in the hierarchy, beginning with 2.a.(1) above, do not constitute feasible alternatives. Such demonstration must be made by submission of a statement of position, qualifications and experience by a licensed radio frequency engineer; and must address the required findings of this section. a. If collocation is feasible, the owner of the large scale wireless facility must certify in writing, prior to final permit approval, that the owner will accept for collocation any FCC-licensed or licensing exempt wireless communication provider using compatible technology at reasonable and customary rates and terms up to the structural capacity to accommodate additional antennas and/or antenna arrays. Collocation may be denied based on verifiable and substantial expectations of interference from additional users. Later failure to comply with the requirements supporting collocation may result in the revocation of city approvals or other penalties stipulated by the municipal code as the requirements of the titlechapter will have been violated. b. The city must find the proposed guarantee, assurances or provisions for the perpetual maintenance and for removal of an abandoned large scale wireless facility to be adequate. c. A large scale wireless facility must not either: 134 Wireless Facilities Ord. - Page 12 of 33 - (1) Exceed 190150 feet in height; or (2) When located east of the alignment of Church Avenue/Sourdough Road and west of the extended alignment of Bozeman Trail Road/Arnica Drive; (a) Exceed 100 feet in height when its base elevation is greater than 4,800 feet; (b) Exceed 40 feet in height when its base elevation is above 4,850 feet; (c) Notwithstanding the provisions of (a) and (b), these restrictions must not apply for those areas lying east of the extended alignment of Bozeman Trail Road/Arnica Drive and south of Interstate 90. d. Where multiple service providers will be utilizing the same ground area and/or support structure, a single structure enclosed compound must be provided to house all ground based equipment. e. Special setbacks for large scale wireless facilities must be provided and/or a design for internal structural collapse to avoid damage or injury to adjoining property or users must be provided. (1) Residential district and mixed-use district setbacks for a large scale wireless facility must be 100 % of facility height, which may be reduced to no less than 50 % upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area. utilizing breakpoint technology. (2) A large scale wireless facility in non-residential zones must provide a minimum setback from the property lines of 75 % of facility height, which may be reduced to no less than 30 % of facility height upon the provision and approval of an engineered design, stamped by a professional structural engineer licensed to practice in the state, establishing a smaller collapse area .utilizing breakpoint technology. Large scale wireless facilities located within non-residential zones, but adjacent to a residential zone or residentially developed areas, must maintain a minimum setback from residential zoning or property boundaries of at least 50 % of facility height. All installations must maintain the minimum zoning district setbacks per article 2. f. New large scalemacro wireless facilities greater than 50 feet in height must be designed in all respects to accommodate both the applicant's antennas and antennas for at least two additional users. A new large 135 Wireless Facilities Ord. - Page 13 of 33 - scalemacro wireless facility may meet this requirement by correctly sizing the foundation and other structural elements to allow the future addition of height to the structure to accommodate additional users rather than immediately constructing the entire large scalemacro wireless facility. This requirement may be waived by the governing bodyreview authority upon a showing of fact to overcome the presumption that multiple transmitters are desirable on the proposed facility. g. All large scalemacro wireless facilities 50 feet or greater in height, regardless of the zoning district in which the structure is located, must be located at least one mile, measured in a straight line, from any other large scalemacro wireless facility that is 50 feet or greater in height. An exception to this requirement may be granted by the approval bodyreview authority when it is found and factually supported in the written record that the criteria of 6.i below are met and a critical need exists for the proposed location to avoid service gaps, or that a closer placement is desirable to advance the purpose of this chapter. h. A new large scalemacro wireless facility greater than 50 feet in height mustmay only be approved when the applicant can demonstrate in writing that no existing or approved micro-scale, small scalewireless facility or large scale wireless facility within the required separation distance of the proposed site can accommodate the applicant's proposed antenna. i. In addition to the other review criteria of this chapter, affirmative findings for at least one of the following criteria items must be made in order for the conditions necessary for approval to exist: (1) No existing or proposed structures located within the geographic area search ring are adequate to support the proposed antennas are required to meet the applicant's engineering and service requirements; (2) Existing or approved structures are not of sufficient height to meet the applicant's engineering and service requirements and a combination of smaller scale facilities will not provide for adequate service delivery; (3) Existing or approved structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment and cannot be reinforced to provide sufficient structural strength; 136 Wireless Facilities Ord. - Page 14 of 33 - (4) The applicant's proposed antennas would cause electromagnetic interference with the antenna on the existing or approved antenna support structures, or the antenna on the existing or approved antenna support structures would cause interference with the applicant's proposed antenna; (5) Property owners' or owners of existing or approved wireless facilities or locations for smaller scale installations are unwilling to accommodate the applicant's needs; or (6) The applicant demonstrates that there are other factual and verifiable limiting factors that render existing or approved wireless facilities unsuitable. j. Height and number of users. A large scale wireless facility may be reviewed as a multiple phase project and be constructed over time. Prior to the approval of a final site plan, or a building permit if it is a latter phase of a phased project, an applicant must provide: (1) For the first 70 feet of tower height, for an applicant who is not a wireless service provider, a copy of an executed lease from a wireless service provider of not less than 12 months duration; (2) For a height of greater than 70 feet and not more than 110 feet of structure height, one additional executed lease; (3) For a height greater than 110 feet, a second additional executed lease; (4) Leases may be redacted to remove proprietary information but must identify the parties. Figure 38.330.040-2. Large-scale wireless facilities. 7. Eligible Facility Requests. An eligible facility request for collocation on 137 Wireless Facilities Ord. - Page 15 of 33 - or modification of an existing tower or base station must demonstrate that the proposed installation or modification will not constitute a “substantial change” as that term is defined in 38.800. Projects which are a “substantial change” are reviewed as a new facility. 7. 8. Non-broadcast. A non-broadcast telecommunication facility located within a B-1, B-2, B-2M, B-3 or B-3C district, a mixed-use district, the neighborhood conservation overlay district or a residential zoning district must be enclosed within a structure. The structure must be of materials and architectural character compatible with the substantially similar to adjacent properties. and comply with 38.520.060. The facility must comply with all applicable side, front and rear setback setbacks. C. Administrative. 1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation. 2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does not apply to private entities utilizing publicly owned lands. 3.2. Any antennas or antenna support structures not utilized for the provision of wireless services for a continuous period of six months will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city may remove the facility at the facility or landowner's expense. Where multiple users share a facility, the non-operational antennas and associated ground-mounted equipment may be removed, but any common equipment may be retained until all users have terminated the utilization of the site. 4.3. Any emergency power supply or other equipment installed at the facility must comply with 38.510.060. 5.4. No facilities which require employees to be present on a routine basis may be established in residential areas, with the exception of periodic maintenance activities, unless the zone allows offices and appropriate review has been completed. 6.5. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action of the city at the facility or landowner's expense. 138 Wireless Facilities Ord. - Page 16 of 33 - 7.6. Any modifications to existing wireless sites that do not meet the definition of an eligible facility request” must only occur in compliance with the review procedures required in 38.330.030. 8. Denial of an application must be made only after the review body has determined that specific criteria of this chapter cannot be met. Said determination must be made in writing and must include the reasons for the denial and the evidence which supports those reasons. Public opposition alone is not sufficient to deny the application. Section 5 That a new section of the Bozeman Municipal Code is adopted as follows: Sec. 38.330.050. – Application Review Processes. A. If this division is more restrictive than 38.740, this division controls. The application processes of this section are governed by federal law. B. Eligible Facility Request Applications. 1. Timeframe for review. Within sixty (60) calendar days of the date on which an applicant submits an application for approval, the city shall approve the application unless it denies the application. 2. Tolling of the timeline for review. The sixty (60) calendar day period begins to run when the application is filed and may be tolled only by mutual agreement or in the case where the city determines that the application is incomplete. 3. The city must notify the applicant within thirty (30) calendar days of submission, or within some other mutually agreed upon timeframe, if the submission is incomplete. 4. Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant. 5. The applicant may cure the deficiencies identified by the city and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial. 6. The clock re-starts on the date of resubmission by the applicant. The city shall, within ten (10) calendar days of resubmission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the 2nd resubmission. 139 Wireless Facilities Ord. - Page 17 of 33 - Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. 7. Approval or denial of a complete application shall be in writing and shall be delivered to the applicant by sixty (60) calendar days after the initial submission, excluding tolling. 8. Failure to Act. In the event the city fails to approve or deny an eligible facility request application within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed granted does not become effective until the applicant notifies the city in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. C. Applications for Small Wireless Facilities outside a public right-of-way and new collocation on any existing structure without wireless equipment or collocation exceeding the definition of eligible facility request. 1. Timeframe for review. Within ninety (90) calendar days of the date on which an applicant submits an application for approval, the city shall approve or deny the application. 2. Tolling of the timeline for review. The ninety (90) calendar day period begins to run when the application is filed and may be tolled only by mutual agreement or in the case where the city determines that the application is incomplete. 3. The city must notify the applicant within thirty (30) calendar days of submission (or within some other mutually agreed upon timeframe) if the submission is incomplete. 4. Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. The clock stops on the date the notice is sent to the applicant. 5. The applicant may cure the deficiencies identified by the city and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial. 6. The clock re-starts on the date of resubmission by the applicant. The city shall, within ten (10) calendar days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the 2nd resubmission. Second or subsequent notices of incompleteness may not specify 140 Wireless Facilities Ord. - Page 18 of 33 - missing documents or information that were not delineated in the original notice of incompleteness. 7. Approval or denial of a complete application shall be in writing and shall be delivered to the applicant by ninety (90) calendar days after the initial submission, excluding tolling. 8. Failure to Act. In the event the city fails to approve or deny an application under this subsection within the timeframe for review, and accounting for any tolling, the applicant shall have all remedies available at law. D. Large scale wireless facility. 1. The time frame for review. Within one hundred fifty (150) calendar days of the date on which an applicant submits an application for approval, the city shall approve or deny the application. 2. Tolling of the timeline for review. The one hundred fifty (150) calendar day period begins to run when the application is filed and may be tolled only by mutual agreement or in the cases where the city determines that the application is incomplete. 3. The city must notify the applicant within thirty (30) calendar days of submission, or within some other mutually agreed upon timeframe, if the submission is incomplete. 4. Notices of application incompleteness shall identify specifically the deficiencies in the application which, if cured, would make the application complete. 5. The timeline clock stops on the day after the date the city sends notice of incompleteness to the applicant. 6. The applicant may cure the deficiencies identified by the city and resubmit the application for review. Any subsequent review shall be limited to the deficiencies list in the prior denial. 7. The clock re-starts on the date of resubmission by the applicant. The city shall, within ten (10) calendar days of re-submission, notify the applicant of continuing deficiencies or the application will be deemed complete. The timeline for a decision shall be likewise tolled during the additional re-submission deficiency period until the 2nd resubmission. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. 141 Wireless Facilities Ord. - Page 19 of 33 - 8. Approval or denial of a complete application shall be in writing and shall be delivered to the applicant by one hundred fifty (150) calendar days after the initial submission, excluding any tolling period. 9. Failure to Act. In the event the city fails to approve or deny an application under this subsection within the timeframe for review (accounting for any tolling), the applicant shall have all remedies available at law. Section 6 That a new section of the Bozeman Municipal Code is adopted as follows: Sec. 38.330.060. – Exempt Wireless Facilities. The following wireless facilities are exempt from the development standards of the chapter and only subject to the issuance of a building permit and building code requirements, notwithstanding any other provisions: A. A government-owned wireless facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the city, except that such facility must comply with all federal and state requirements. No wireless facility shall be exempt from the provisions of this division beyond the duration of the state of emergency. B. A government-owned wireless facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety. C. A temporary wireless facility, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the city and approved by the city, except that such facility must comply with all federal and state requirements. The wireless facility may be exempt from the provisions of this division up to sixty (60) calendar days after the duration of the state of emergency. D. Over the air reception devices (“OTARD”) are exempt provided that same do not require the construction of a tower or other structure, which height exceeds 12 feet above the residential structure of the consumer who desires to receive fixed wireless services, satellite transmissions, or over the air reception of television signals. E. Noncommercial, amateur radio towers or antennas which are less than 100 feet in height and attached to the rear or side of residential or commercial structures or freestanding in an area directly behind the rear structural wall of a residential or commercial structure. Noncommercial, amateur, ham radio or citizen’s band towers, antennas or antenna arrays with heights greater than 100 feet or not located directly behind the rear structural wall of a residential or commercial structure, or attached to the rear or side of residential or commercial structures shall be regulated in accordance with 142 Wireless Facilities Ord. - Page 20 of 33 - this Section. Section 7 That a new section of the Bozeman Municipal Code is adopted as follows: Sec. 38.330.070. – Fees; Supplemental Review A. Applicants shall pay an application review fee to the city as set forth in Section 38.700.140. B. The city reserves the right to require a supplemental review for any application submitted pursuant to this Section subject to the following: 1. Where due to the complexity of the methodology or analysis required to review an application for a wireless facility, the city may require the applicant to pay for a technical review by a third-party expert, the costs of which shall be borne by the applicant and be in addition to other applicable fees. Schedules of current supplemental review fees consistent with applicable law are listed in the city Fee Schedule. 2. Based on the results of the supplemental technical review, the approving authority may require changes to the applicant’s application or submittals. 3. The supplemental technical review may address any or all of the following: a. The accuracy and completeness of the application and any accompanying documentation. b. The applicability of analysis techniques and methodologies. c. The validity of conclusions reached. d. Whether the proposed wireless facility complies with the applicable approval criteria set forth in these codes. e. Other items deemed by the city to be relevant to determining whether a proposed wireless facility complies with the provisions of these codes. Section 8 Bozeman Municipal Code. Section 38.710.160 shall be repealed in its entirety and replaced as follows: Sec. 38.710.160. Submittal material for telecommunications A. The following information must be submitted for review of wireless facilities as applicable. Failure to provide required materials will result in a determination that the application is incomplete, and the application will not be processed. The table below identifies required submittal materials by facility scale. Items marked ● Required, ○ Conditional / As Applicable, or — Not Required. This table is intended for application completeness 143 Wireless Facilities Ord. - Page 21 of 33 - determinations. Required Material Large Scale (Macro) Facilities Small Wireless Facilities Micro-Scale Facilities Eligible Facilities Request (EFR) Completed Application Form ● ● ● ● Application & Review Fees ● ● ● ● Narrative of Standards Compliance (per 38.370.040) ● ● — — Technical Justification for Design, Location, Height, and Placement/Location ● — — — Technical Reason Collocation is Not an Option ● — — — Photo Simulations ● ● — — Landowner Authorization Letter ● ● ● ● Proof of Ownership/Lease/ Consent ● ● ● ● If Applicable, Statement of FCC Exemption from Environmental Review (with citation and details) ● ● ● ● Boundary & Topographic Survey (Sealed) ● ● — — Existing Conditions Photos ● — — ● Site Plan/Construction Drawings (including ground equipment layout and dimensions, facility elevation, facility height, concealment, landscape, screening, fall-zone, set back, fencing, signage) ● ● ● ● Landscape & Screening Plan ● ● — — Structural (Design) Analysis (PE Sealed) (as set forth by the building department and latest codes) ● ● ● ● Foundation Design ● — — — 144 Wireless Facilities Ord. - Page 22 of 33 - Antenna Mount Analysis ● — — ● Collocation Capacity Certification and Statement of Willingness to Allow Collocation at Reasonable Rates to all Providers ● — — — Engineering Statement Collocation Requirements are Met (per 38.330.040.B) ● — — — Redacted tenant lease(s) for initial tenant and all collocations ● ● — — RF Statement of Need ● ● — — RF Propagation Maps ● ● — — Geographic Search Ring Map ● — — — Inventory of Applicant’s Sites ● ● — — Inventory of Surrounding Buildings or Structures (greater than 50’ within one-mile radius) ● — — — FCC RF Emissions Compliance Statement/Report ● ● ● ● FCC RF Interference Compliance Statement ● ● ● ● FAA Determination No Hazard (Form 7460-1) ● — — — NEPA / SHPO Documentation ● ○ — — Floodplain / Wetlands Documentation ○ ○ — — Visual Impact Analysis ● ○ — — Right-of-Way Permit (if applicable) ○ ● ○ — Utility Coordination Letters ○ ○ — — Traffic / Mont. Dept. Transportation Plan ○ ○ — — Address List & Mailing Envelopes per 38.730.020 ● ○ — — Abandonment & Removal Plan ● ○ — — 145 Wireless Facilities Ord. - Page 23 of 33 - Maintenance & Access Plan ● ● ● ● Emergency Contact Information ● ● ● ● Notes: ● Required = must be submitted for application completeness ○ Conditional = required when applicable based on location, zoning, or facility design — Not Required = not applicable for this facility scale B. Prior to submitting an application for a large scale, or small wireless facility, the applicant must complete a concept review per 38.740 with the community development department. The purpose of the concept review is to acquaint the participants with the applicable requirements of this division 38.330, as well as with any preliminary concerns the department may have. C. The applicant's concept review submittal must include the following information in addition to the materials required by 38.710.190 with regard to the proposed facility: 1. Overall height; 2. Number of antennas and antenna arrays proposed, including those of other providers to be collocated; 3. Type of wireless communication services to be provided; and 4. Design and coordination of ground equipment compounds. Section 9 Bozeman Municipal Code Section 38.800 shall be amended as specified in Exhibit A to this Ordinance. Exhibit A shall not be codified and is attached to this Ordinance solely for legislative purposes. Section 10 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 146 Wireless Facilities Ord. - Page 24 of 33 - Section 11 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 12 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 13 Codification. Sections 1 through 4 and 8 through 9 shall be amended and codified as indicated in this Ordinance. Sections 5 through 7 of this Ordinance shall be codified and included as new sections in the Bozeman Municipal Code. Section 14 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ JOEY MORRISON Mayor ATTEST: 147 Wireless Facilities Ord. - Page 25 of 33 - ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ____________, 20__. ________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 148 Wireless Facilities Ord. - Page 26 of 33 - Ord. XXXX Exhibit A: Bozeman Municipal Code Section 38.800 - Definitions *NOT FOR CODIFICATION – FOR LEGISLATIVE PURPOSES ONLY* A DEFINITIONS Amateur Radio Tower. A tower used exclusively for non-commercial amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers not to exceed 100 feet in height. Antenna. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni- directional antenna (rod), directional antenna (panel) and parabolic antenna (disc).Any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omnidirectional (whip) antennas, sectionalized (panel) antennas, wireline antennas, multi or single bay (FM and TV), yagi, or parabolic (dish) antennas. Antenna array. A single antenna or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves. B DEFINITIONS Base station. Equipment and non-tower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other aboveground structure other than a tower. The term does not encompass a "tower" as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to: Equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; Radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (das) and small cell networks); and Any structure other than a tower that, at the time the application is filed, supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under 149 Wireless Facilities Ord. - Page 27 of 33 - another City regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. "Base station" does not include any structure that, at the time the application is filed under this section, does not support or house wireless communication equipment. Breakpoint technology. The engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole. C DEFINITIONS Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required. The placement of an antenna by two or more wireless service providers on a common antenna-supporting structure, or the addition or replacement of antennas on an existing structure. The term "collocation" does not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on an amateur radio tower antenna. Concealed. A tower, ancillary structure, or equipment compound that is not readily identifiable as a wireless facility and that is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site or in the neighborhood or area, in a manner acceptable to the City. There are two types of concealed facilities: a) antenna attachments, including faux windows, dormers or other architectural features that blend with an existing or proposed building or structure and b) a freestanding concealed tower which looks like something else that is common in the geographic region such as a church steeple, windmill, bell tower, clock tower, light standard, flagpole with a flag that is proportional in size to the height and girth of the tower, or tree that grows naturally or is commonly found in the area. E DEFINITIONS Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment. 150 Wireless Facilities Ord. - Page 28 of 33 - Eligible facility. Existing wireless tower or base station that has been approved through a local government land use review process prescribed for the tower or base station. Equipment compound. The fenced-in area surrounding, inside or under a ground based wireless communication facility containing ancillary structures and equipment, such as cabinets, shelters, pedestals and generators, necessary to operate a wireless facility that is above the base flood elevation. Existing wireless facility. A constructed tower or base station is "existing" for purposes of this chapter if it has been reviewed and approved under an applicable City land use review process. "Existing" also includes a tower that was lawfully constructed but not reviewed because it was not in a zoned area when it was built. G DEFINITIONS Geographic search ring. An area designated by a wireless provider or operator for a new wireless facility, produced in accordance with generally accepted principles of wireless engineering. H DEFINITIONS Height of wireless facility. For placement of a wireless facility on an existing structure, the height is measured from the base of the wireless facility to the highest point of the wireless facility, including any antenna, lighting rod, or other equipment affixed thereto. 151 Wireless Facilities Ord. - Page 29 of 33 - L DEFINITIONS 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. M DEFINITIONS Macro wireless facility. A large scale wireless facility in excess of 50 feet in height. Micro-scale wireless facility. A small wireless facility that is (i) not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches and (ii) is mounted on a structure less than 10 feet in height from the base to the highest point, including attachments. 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. Modification to existing wireless facility. The addition, removal or change of any components to an existing wireless facility, including equipment compound. 152 Wireless Facilities Ord. - Page 30 of 33 - O DEFINITIONS OTARD. Over the air wireless receive-only devices which are limited to either a "dish" antenna one meter (1 m) (39.37 in) or less in diameter designed to receive direct broadcast satellite service, including direct to home satellite service, or to receive or transmit fixed wireless signals via satellite, or an antenna that is one meter (1 m) or less in diameter and is designed to receive video programming services via broadband radio service (wireless cable), or to receive or transmit fixed wireless signals other than via satellite or an antenna that is designed to receive local television broadcast signals. R DEFINITIONS Radio frequency. Electromagnetic waves in the spectrum from about 3 kHz to 300 GHz used for wireless communications. Replacement of wireless facility. A modification of an existing tower to increase the height, or to improve its integrity, by replacing or removing one or several tower(s) located in proximity to a proposed new tower in order to encourage compliance with the Zoning Ordinance, or improve aesthetics or functionality of the overall wireless network. S DEFINITIONS Small-scale wireless facility. Small wireless facilities are wireless facilities that meet each of the following conditions: (1) The facilities are mounted on structures 50 feet or less in height including their antennas; or are mounted on structures no more than 10 percent taller than other adjacent structures; or do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facilities do not require antenna structure registration under FCC Rules; (5) The facilities are not located on Tribal lands; and (6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b). 153 Wireless Facilities Ord. - Page 31 of 33 - Figure 38.800.200-1. Small wireless facilities. A wireless facility less than 25 feet 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. This definition excludes those facilities meeting the definition of a micro-scale wireless facility. Stealth or camouflaged. Placement of a wireless facility in such a way that it may not be discerned as being separate from the principal use of a site. This may be accomplished through visual screening, use of color or encasement of the facility within an existing structure such as a steeple. A stealth installation may also include the placement of a new structure to contain the facility so long as the new structure complies with the height, setback and other requirements of the zoning code or is otherwise exempt from those requirements. Substantial change to wireless facility. A wireless facility modification that changes the dimensions of an existing wireless facility is a substantial change if: 1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible facilities, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; Changes in height 154 Wireless Facilities Ord. - Page 32 of 33 - should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were previously approved; 2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible facilities, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; 3. For any eligible facility, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; 4. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; 5. It would defeat the existing concealment elements of the eligible facility; or 6. It does not comply with conditions associated with the prior siting approval of the construction or modification of the tower or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsection (1) through (5) above. U DEFINITIONS Utility Pole. Any pole or structure designed to maintain or used for the purpose of lines, cables, or wires for communications or electrical service purposes or street lighting/signals. 155 Wireless Facilities Ord. - Page 33 of 33 - W DEFINITIONS Wireless facility. An unstaffed tower or base station facility used for the transmission or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, as further defined in 47 USC Section 332(c)(7)(C)(ii), as amended and as interpreted under federal law, typically consisting of an equipment enclosure, an antenna support structure and one or more antennae. This definition excludes amateur radios towers, Essential Services (Type I), OTARD satellite earth stations and private receive- only antennae, such as for the reception of television signals. Wireless tower. Any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, or fixed or wireless services. A tower may be concealed or non-concealed. Non-concealed towers include: 1. Guyed: A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building. 2. Lattice: A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas. 3. Monopole: A style of freestanding tower consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guywires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure. 156 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager Chuck Winn, City Manager SUBJECT:Engagement Framework Update Work Session MEETING DATE:June 16, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Listen to presentation, ask/answer questions 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:In 2023, the Montana State Legislature passed the Montana Land Use Planning Act (MLUPA), which overhauled laws around land use that apply to cities of a certain size. MLUPA defined the level of public participation that is required when cities adopt, amend, or update their land use plan or associated regulations and plans. It requires cities to provide “continuous public participation” and to adopt a public participation plan that demonstrates the City’s compliance with these requirements. The City of Bozeman adopted an Engagement Framework in 2021 to guide how City staff, leadership, and the community can contribute to decision- making processes in our city. After five years of implementing this framework and the Engage Bozeman hub for engagement projects, it is an opportune time to update the City’s engagement framework to reflect both lessons learned and new statutory requirements stemming from MLUPA. City staff started the Engagement Framework Update to make updates to our existing engagement framework with input from the public. City Commission will approve any changes to the engagement framework. During this work session, Commissioners will provide feedback on what they want to see in an updated draft, how they feel the city could improve in responding to public comment and showing residents that feedback was considered, and what improvements need to be made to overall communications and engagement processes. UNRESOLVED ISSUES:None ALTERNATIVES:None 157 FISCAL EFFECTS: None Report compiled on: May 26, 2026 158