HomeMy WebLinkAbout26 - MDT Agreement - Montana Department of Transportation - Bridger PointProject Name Bridger Point Project Address North 19th Avenue (N-412) MDT Maintained Route (Route) North 19th Ave (N-412) Reference Post .73 Project Developer/Encroachment Applicant 9019, LLC Name of Cityor Municipality (City) City of Bozeman Address of Cityor Municipality 121 Rouse Ave, Bozeman, MT 59715 Current IDC Rate for Fiscal Year Year: 2027 IDC 10.52% Current year MDT Nondiscrimination and Disability Accommodation Notice Revised (Month/Year): 01/2026 Attachment A This Agreement by and between City and the Montana Department of Transportation (MDT) establishes the responsibilities and duties of the parties with respect to Project activities on a portion of Route located within the City. The subject Project involves the installation and maintenance of the Project Specific Features within the above-referenced Route right-of-way, a commission-designated highway system, per the approved plans (Attachment B) received from the Developer. This Agreement sets forth terms regarding the City’s maintenance responsibilities for the Project that the City must meet for MDT to provide the Developer the necessary Encroachment Permit to install the Project Specific Features. Any Encroachment Permit granted for the Project is explicitly subject and subordinate to the rights and title of MDT and the State of Montana and the attached General Terms and Conditions.
Project Specific Features Select the checkbox next to every feature listed below that your project includes and that you intend to address in the current agreement. Standard language is provided in the template for these features. (See Article III Project Specific Features)
☒ 1. Landscaping and/or Irrigation ☐ 4. Shared-Use Path*
☒ 2. Sidewalks* ☐ 5. Lighting ☐ 3. Sidewalk Benches/Bike Racks/Other Sidewalk Amenities*
*Submit preliminary plans to MDT external ADA coordinator in Helena for compliance review. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. Have the General Terms and Conditions of this Agreement been modified? Yes ☐ No ☒
MDT City
STATE OF MONTANA
Department of Transportation MAINTENANCE AGREEMENT
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X Dated: District Administrator – Geno Liva
X Dated: MDT Legal – Valerie Balukas
X Dated: CityAttorney – Greg Sullivan
X Dated: CityManager – Chuck Winn X Dated: CityClerk – Mike Maas
Copy: MDT Office of Civil Rights (DocuSign Notification)
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8/16/2026 8/17/2026
8/19/2026
8/20/2026
General Terms and Conditions AGREEMENT ARTICLE I. GENERAL OBLIGATIONS OF MDT 1. If the City does not fulfill its maintenance and repair requirements as stated herein, MDT may complete the required maintenance or repair and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such maintenance or repair. If MDT performs such maintenance or repair under this section, it must provide detailed invoices of such costs to the City. 2. MDT may immediately complete any maintenance or repair required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City when possible, allowing time to complete any such maintenance or repair. If MDT performs maintenance or repair under this section, it must provide detailed invoices of such costs to the City.
ARTICLE II. GENERAL OBLIGATIONS OF THE City 1. The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within the Route right-of-way without prior written approval from MDT. 2. The City agrees any maintenance within the Route right-of-way that requires lane closure or equipment must be reviewed and approved by MDT maintenance staff prior to initiation of the maintenance. 3. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all environmental issues associated with the proposed Project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to installation or maintenance of the Project Specific Features. 4. The City agrees to be responsible for any and all damage to facilities within the Route right-of-way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after MDT provides notice of the damage and approves the repair work needed, method of repair, and schedule for repair. 5. If the City fails to perform or cause to be performed the maintenance and repair obligations as required by this Agreement within 60 days of written notification from MDT, MDT may complete the required maintenance or repair and the City shall be required to compensate MDT for its performance of said maintenance or repair. 6. MDT may complete any maintenance or repair required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance or repair.
ARTICLE III – PROJECT SPECIFIC FEATURES 1. Landscaping/Irrigation Equipment a. Upon completion of the Project, the City agrees, through the enforcement of local ordinance(s) or otherwise, that it is responsible, at no cost to MDT, to service, maintain and repair the landscaping and irrigation equipment installed as part of this project.
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b. For the purposes of this Agreement, “maintenance of landscaping and irrigation system,” is defined as: mowing, watering, debris removal, weed control, fertilizing, tree/shrub trimming including removal, replacement and maintenance of sight triangles, the repair and replacement of fences, and maintenance of all features in compliance with ADA/PROWAG. The irrigation system shall be fully operational, free of leaks, with heads selected and adjusted to reduce water waste. c. If the City is not able to complete the maintenance on the landscaping and irrigation system as per this Agreement, the improvements may become the property of MDT, without reimbursement. If landscaping or irrigation become MDT property, MDT will maintain the property as it sees fit and may remove the landscaping and irrigation system without City approval. MDT may seek compensation for the maintenance or removal of the landscaping and irrigation system from City. 2. Sidewalks a. Sidewalk Maintenance: Upon completion of the Project the City agrees, through the enforcement of local ordinance(s) or otherwise, to maintain the sidewalks within the Project limits and ensure they are safe and functional for the traveling public. Maintenance includes removing snow and ice, removing debris and other obstructions or impediments to safe pedestrian travel, and any and all other normally accepted maintenance practices. b. Sidewalk Repair: In the event either the City or MDT identifies any portion of the sidewalk within the Project limits requiring repair, the City agrees to make a good faith effort to enforce any local ordinances requiring adjacent landowners to make the necessary repairs. If the City is unable to cause the necessary repairs to be completed the City shall notify MDT. MDT will collaborate with the City to determine whether State or local funding is available to complete the necessary repairs and facilitate project nomination. Repairs include grinding or milling down displacements; surface patching; crack sealing; replacing portions of damaged sidewalk; repairing chipped, fractured, or broken surfaces from any cause, including but not limited to frost heaving, landscaping, tree roots or encroachments, and any and all other normally accepted repair practices. c. Sidewalk requiring closure: If any portion of the sidewalk within the Project limits becomes hazardous for use, the City agrees to notify MDT and restrict access to the affected area until the condition has been remedied. MDT agrees to work with the City to expedite the necessary repairs.
ARTICLE IV – GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City has violated or breached any term, condition or article of this Agreement and the City has failed to correct the same within 60 days of receiving notice from MDT of the violation or breach in writing addressed to the City at the addresses shown above. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City approval. MDT may seek compensation for maintenance, repair, or removal of the Project from the City. 3. Hold Harmless & Indemnification The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands,
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causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. MDT agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 4. Insurance a. General Requirements: Each Party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each Party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each Party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each Party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each Party reserves the right to request complete copies of the other Party’s insurance policy or self-insured memorandum of coverage at any time. d. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s subcontractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 5. Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 6. Invoicing and Indirect Cost (IDC) Montana Code Annotated §17-1-106, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct Project costs. MDT’s IDC rate is determined annually as a percentage of the Project’s direct costs to cover the Project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. 7. Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement.
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8. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 9. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 10. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series. 12. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the City maintains in connection with this Agreement. 13. Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this Agreement (Mont. Code Ann. §18-1-118). The City agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 15. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of-way cease to be used by the City for a period of one year or abandoned otherwise. Upon revocation or abandonment, the Project facilities must be removed in compliance with this Agreement. 16. Utilities – The right of any private or public utility now lawfully occupying the right-of-way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 17. Amendment and Modification – The Parties may modify or amend this Agreement only by a written Amendment signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Amendment may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any Amendment, the provision of the Amendment shall control, unless the provisions thereof are prohibited by law. 18. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing.
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Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
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ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
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Rev. 01/2026 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in
an environment free from discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination and protections are all inclusive
(hereafter “protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin, sex, age, disability, and genetic information. Race; color; national origin; familial or marital status; pregnancy, childbirth, or medical conditions related to pregnancy or childbirth; creed; social origin or condition; genetic information; sex, sexual orientation, gender identification or expression; ancestry; age; mental or physical disability; political or religious affiliations or ideas; military service or veteran status; vaccination status or possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply
with all Acts and Regulations of the United States and the State of Montana relative to
Non-Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment, employment, and all other activities being
performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any
protected classes.
ii. Statement that PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability,
upon request, pursuant to the Americans with Disabilities Act as
Amended (ADA).
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iii. Contact information for PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations
under the ADA.
iv. Information on how to request information in alternative accessible
formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision,
in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on
the basis of merit and qualifications and that PARTY does not discriminate on the
grounds of any protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this
contract/agreement, the PARTY must comply with applicable federal and state
laws regarding the DBEs, including but not limited to 49 CFR Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the
PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the PARTY of
the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the
United States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required
by the Acts, Regulations, and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information and its facilities as may be
determined by MDT or relevant US DOT Administration to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the PARTY will so certify to MDT or relevant US DOT
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as it
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or the relevant US DOT Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the
PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in
part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601 et seq.), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
- Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87,
87 Stat. 250, codified at 23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
- Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123),
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (broadened the
scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients, and contractors,
whether such programs or activities are Federally funded or not);
- Titles II and III of the Americans with Disabilities Act, (42 U.S.C. §§ 12131 through
12189), which prohibits discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and
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certain testing entities as implemented by Department of Transportation regulations at
49 CFR parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in education programs or activities (20 U.S.C. § 1681
et seq.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one
through seven in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and/or directives cited therein.
The PARTY will take action with respect to any subcontract or procurement as MDT or
the relevant US DOT Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the PARTY becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such direction,
the PARTY may request MDT to enter into any litigation to protect the interests of MDT.
In addition, the PARTY may request the United States to enter into the litigation to protect
the interests of the United States.
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ATTACHMENT B
Plan
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PHASE 1/CFA
SEE PH 1 SITE PLAN PLANS
FOR MORE DETAILED
INFORMATION
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PHASE LINE PHASE LINEPHASE LINE30' SANITARY SEWER EASEMENT
24.00'
49.90'
42.95'
30.00'
30'
30' WIDE
UTILITY
EASEMENT
10' WIDE
TELECOM
EASEMENT
5' SIDE SETBACK
10' FRONT SETBACK
SITE ACCESS AND
INTERSECTION
IMPROVEMENTS TO BE
COORDINATED WITH MDT
26.37'
16.59'
E VA
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D SHARED ACCESS DRIVE10' WIDE SHARED USE ASPHALT TRAIL
10' EASEMENT ON NEIGHBORING PROPERTY
20' TRAIL EASEMENT
SEE UTILITY
PLANS
SEE UTILITY PLAN SHEET
FOR MORE INFORMATION
CURB AND GUTTER
AROUND FULL PHASE 1
PARKING LOT AND N-S
ACCESS ROAD.
PORTIONS OF CURB WILL
BE REMOVED DURING
PHASE 2 IMPROVEMENTS.
EXISTING CULVERT TO REMAIN
EXISTING FENCE TO BE
REMOVED ALONG ENTIRE
N 19TH FRONTAGE
N 19TH ROW
AND PROPERTY
LINE
UTILITIES TO BE
ABANDONED/RELOCATED
IN COORDINATION
WITH UTULITY
COMPANY(TYP)
STORMWATER DISCHARGE,
DETAILED REPORTS AND
PLANS SUBMITTED WITH
THE INDIVIDUAL SITE PLAN
APPLICATIONS
EXT'G 24"
CULVERT
EXISTING GRADE
MDT IMPROVEMENTS
BY OTHERS
N 19TH AVE ℄
EXT'G 24" CULVERT,
SEE STORMWATER
PLANS FOR MORE
INFORMATION
STUB SERVICE
PH 1 LIGHTING
PLAN INCLUDED IN
THE PH 1 SITE PLAN
PROPERTY LINE
PROPOSED 5'
SIDEWALK PART
OF MDT
IMPROVEMENTS
TBC (TYP)
EDGE OF CURB (TYP)
CANOPY
CANOPY
UTILITY LINES IN 10'
EASEMENT (TYP).
SEE UTILITY PLAN
SIDEWALK CONNECTING N 19TH SIDEWALK TO DRURY
12.00'
9.00'
9.62'
PROPOSED HYDRANT
FIRE SERVICE
DOMESTIC SERVICE
PROPOSED 24" CULVERT
SWING GATE, SEE DTL 3/SHEET S1.2
0 30'60'
SCALE 1" = 30'
N
JLS
08/12/25
PROJECT NO:
DATE:
ENGINEER:
REVISIONS
DATENO.DESC.
325-05MASTER SITE PLANPROPOSED MASTER SITE PLANBOZEMAN, MONTANABRIDGER POINTFOR REVIEW
AN EMERGENCY ONLY VEHICULAR ACCESS CONNECTION TO THE ADJACENT
PROPERTY TO THE SOUTH IS BEING PROVIDED SOLELY TO MEET CITY OF BOZEMAN
REQUIREMENTS. THE VEHICULAR ACCESS CONNECTION IS PROVIDED FOR
EMERGENCY VEHICLES ONLY AND A PHYSICAL BARRIER SHALL BE INSTALLED AND
MAINTAINED INDEFINITELY TO PREVENT NON-EMERGENCY VEHICLE ACCESS FROM
UTILIZING THE ACCESS CONNECTION. MODIFICATIONS TO THIS EMERGENCY ONLY
VEHICULAR ACCESS OR TO THE PHYSICAL BARRIER PREVENTING NON-EMERGENCY
ACCESS REQUIRE THE EXPRESS WRITTEN UNANIMOUS APPROVAL OF ALL UNIT
OWNERS OF THE 9019 CONDOMINIUMS. THE CITY OF BOZEMAN HAS DETERMINED
THE EMERGENCY ONLY VEHICULAR ACCESS CONNECTION CONDITIONS FULLY
SATISFY AND ARE COMPLIANT WITH INTER-SITE CONNECTIVITY AND INTERNAL
ROADWAY DESIGN REQUIREMENTS OF THE CITY OF BOZEMAN MUNICIPAL CODE
SECTIONS 38.520.050.C AND 38.520.050.D.
1
1
Docusign Envelope ID: D8D560D2-0CAA-8C71-83A2-E5BA8DDE0F56
N 19TH AVE
SS
SS
SS
cccIRIRIRBOLSSSSSSSSSSSSSSSSSSSSSSWWWWSSSSSSSSSSSSSSGGGGGG PPPPPPPPPPPPPPPPPPS78°30'11"W 2045.51
'N52°43'01"W 2045.51'S15°53'35"W 2045.51'Δ=6°11'37"R=3169.04L=342.56
N52°43'01"W 2045.51'PpPpPpPpPpPpKFKFKFEGEGPpPpPpPpPpPpPpPpKFKFEGEGEGEGEGEGEGPLPPPEGEGEGSaSaSaSaSaSaSaRwRwPoSaSaSaSaSaSaSaSaSaSaSaSaSaEGEGEGPPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmRwPoPmRwPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPmPLPLPpPpPpPpPLPLSaSaSaSaSaRwRwSaSaSaSaSaPLPmPmPmPmPmPmPmSaSaSaSaSaSaSaRwRwPoPmPmPLPLPLPLRwRwRwRwRwRwRwRwRwRPmPmPmPmPmPmPmPmSaSaSaSaSaSaPmPmSaSaPLPLRwRwKFKFKFKFKFKFKFKFKFKFEGEGEGEGEG373 SF68 SF419 SF185 SF716 SF146 SF864 SF141 SF101 SF355 SFPmPmPmKFKFKFEGEGWPPPEGEGEGPpEGEGEGPpPpEGEGEGEGEGEGBBEGEGEGEGEGEGBBEGEGEGBEGEGEGBBBBBBBBBBBPpPpPEGEGEGKFKFKFKFKFKFEaSPpPpPpPpPoPoPmPmPmEaKFKFKFKFKFPpPpPpPpPpPpPpPpPLEaEaEaPpPpPpPpRwPpPpEaEaEaBBBBBBBBPpPpPP267 SF160 SF137 SF137 SF68 SFSSPpPmPmKFKFEGEGPpEGEGPmKFPmEGEGEGEGKFKF139 SF250 SF370 SFPARKING LOT INTERIORLANDSCAPING: 20 SF PEREACH STALL IS REQUIRED.THERE ARE 183 STALLS X 20 =3,660 SF REQUIRED. 6,169 SFPROVIDED (INDICATED BYHEAVY DASHED LINES). SEESQUARE FOOTAGEASSOCIATED WITH EACHAREA ON THE LANDSCAPEPLAN SHEETS.REQUIRED PARKING LOTTREES:MINIMUM 1 TREE PER 5PARKING STALLS REQUIRED.183 STALLS / 5 = 36.6 ORMINIMUM 37 PARKING LOTTREES REQUIRED; MINIMUM 37PARKING LOT TREES AREPROVIDED.REQUIRED ON-SITE TREESOUTSIDE PARKING LOTS ANDBOULEVARDS:MODIFIED SITE AREA IN THEHOTEL SITE: 20,353 SFTOTAL LANDSCAPED AREAS ONSITE: 20,353 SF / 1,600 = MIN. 13TREES REQUIRED; A TOTAL OF96 TREES ARE PROVIDED ONSITE (EXCLUDING 9 STREETTREE IN THE N. 19TH AV. ROW).96-37 PARKING LOT TREES = 29TREES ON SITE IN ADDITION TOTHE REQUIRED # OF PARKINGLOT TREES. THERE ARE 57CANOPY TREES ON SITEINCLUDING PARKING LOTTREES, AND THERE ARE 9CANOPY TREES IN THE ROW.Prescriptive Landscape Design Pathway (percentage-based approach)Design criteria specific to this pathway includes:1)Plant material must comply with the following:a)Turfgrass areas must not exceed 20 percent of the total landscaped area.b)All remaining landscaped areas must consist solely of low and/or very low water use vegetation (plant factor of0.3 or less), and landscape design elements such as rock mulch and wood mulch, except for raised beds dedicated toedible gardens. Refer to the plant list in Appendix C.2)Landscape Design Plan compliance with requirements outlined in 3.2.2 of this Manual.Landscaped Area Coverage Requirements1)Landscaped area is defined in Appendix A. At least 60 percent of the site area not included in footprints ofbuildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers,must be landscaped and maintained with some combination of vegetative understory plantings, such as shrubs,perennials, turfgrass, creeping or rooting groundcovers, or other living plants (excluding weeds). Rock mulch or woodmulch must be installed in all landscaped areas not covered with plant material. The installation of at least 50 percentnative plants in the overall landscape is encouraged. Certain areas listed under Section 1.3 are exempt from beingincluded in the site area coverage requirement listed above.a)A minimum of 10 percent of the landscaped area must be vegetated with container grown shrubs or perennials.This requirement does not apply to City right-of-way boulevard strips and medians.b)Evergreen trees count towards the landscape plant coverage requirement. Deciduous trees do not count towardsthis requirement.i)8 feet of canopy spread (or 50 square feet) shall be used for evergreen trees when calculating plant size for thecoverage requirement.c)The average mature plant size shall be used when calculating coverage amounts.d)Artificial plant materials do not count towards the landscape plant coverage requirement (BMC 38.550.050.F.4.).Parking Lot RequirementsParking lot landscaping is part of the landscaped area and must meet requirements in this Manual and 38.550.50.Bexcept for tree requirements as provided below.Tree Requirements Outside of Parking Lots and Boulevards1)Tree diversity requirements must be met according to the table below.Deciduous and Evergreen Tree Plant Diversity TableNumber of Trees Maximum % of Single Species1-5 Can have 100% of one species6-10 Maximum 50% of any one species11-20 Maximum 33% of any one species21+ Maximum 25% of any one species2)A minimum of 75 percent of proposed trees must be drought adapted or have a plant factor of 0.3 or less.3)Rock mulch is discouraged around private trees and prohibited around public, boulevard trees. Public, boulevardtrees must have a 3’ diameter wood mulch ring 3”-4” in depth.4)Trees must be planted at a minimum rate of 1 per 1600 square feet of landscaped area.a)Trees used for residential adjacency requirements outlined in BMC 38.550.050.K may also count towards thisrequirement.5)A minimum of fifty percent of trees must be canopy trees. The review authority may adjust this requirement ifutility conflicts exist.6)Transplanted trees exceeding the sizes outlined in BMC 38.550.050.F. may be allowed at the discretion of thereview authority.7)Exemptions:a)All areas within 10 feet of the building(s) on site are exempt from the square footage used to calculate the numberof required trees.b)Landscaped areas under 6 feet wide are exempt from the square footage used to calculate the number ofrequired trees. This does not apply to boulevard tree requirements.c)Deciduous and evergreen trees deemed healthy and preserved on site shall apply towards the tree plantingrequirement at the discretion of the review authority.d)Tree requirements for street frontage shall adhere to the requirements listed in BMC 38.550.050.D. These areasare exempt from the square footage used to calculate the number of required trees.Soil Preparation and Amendment RequirementsPlants in healthy soils have an opportunity to develop robust root systems, leading to improved overall health andviability during drought conditions. By amending topsoil, plant die-off can be reduced, especially during the critical plantestablishment period.Soil Quality Requirements1)Landscaped areas must have a minimum topsoil depth of 6 inches throughout the entire planting area.2)The topsoil quality requirement may be met by implementing the following method prior to planting:Imported topsoil that has been amended pursuant to the recommendations of a soil test.3)Remove stones that are, at minimum, larger than 2 inches, sticks, roots, construction debris, and otherextraneous matter, and legally dispose of them off the property.4)Compliance with the following practices is required:a)Do not apply material or scarify if soil is frozen, muddy, or excessively wet.b)Protect areas of in-place soil from additional compaction, disturbance, and contamination during construction.5)Exemptions:a)The building footprint and all areas within 5 feet of the actual building are exempt from the topsoil requirement.b)On engineered slopes, only amended planting holes must meet the topsoil requirement.Soil Testing RequirementsThe following requirements apply when performing a soil test:1)A soil analysis must be conducted by an independent, state-operated, or university- operated soil laboratory withthe capability and experience to conduct the required testing.2)The soil sample(s) must represent a uniform area. Differences in texture (sand, silt, or clay), color, slope, degreeof erosion, drainage, past management practices, and types of plant material designed for each area should beconsidered when collecting the sample. The recommended sampling frequency is no less than one sample per 5,000square feet of landscaped area.3)The soil analysis must test the following:a)Soil Textureb)Percentage of Organic Matterc)Soil Reaction (acidity/alkalinity pH value)d)Soluble-Salt Contente)Nutrients: including nitrogen, phosphorus, potassium, zinc, iron, copper, manganese, and lime.4)The soil test must be dated no more than 60 days prior to conducting the pre-installation meeting and must beprovided to the review authority at the pre-installation meeting.For:Title:
22282
9019 LLC
1612 GOLD AVENUE
BOZEMAN, MT 59715
for
BRIDGER POINT
GARDNER SIMMENTAL LOT A, TRACT 1
BOZEMAN, MT9 Dial 811Call before you dig.Know what's below.Or 1-800-551-8344SIGNED 08/28/25SCALE: 1"=20'LANDSCAPE PLAN - NORTHL2
LANDSCAPE PLAN - NORTHCITY OF BOZEMAN LANDSCAPE REQUIREMENTS:SEE PHASE 1 UNDER SEPARATE SUBMITTALMATCHLINE - SEE SHEET L1PHASE 1CHICK-FIL-ANOT A PARTSEE SEPARATESUBMITTALN. 19TH AVE.PROPERTYLINE ANDRIGHT-OF-WAY LINECLEAR VISIONLINEPHASELINEPARKING LOT PLANTINGINDICATED WITH HEAVYDASHED LINE, TYP.EXISTINGTREES TOREMAIN,TYP.EXISTINGVEGETATIONTO REMAIN,TYP.PH 2 SIDEWALK
PH 2 CURB & GUTTER
PH 1 AC PAVEMENT I
COMMON OPEN SPACE LANDSCAPE AND IRRIGATIONPLANS AND DETAILS FORPHASE 2 ARE CONCEPTUALAND SUBJECT TO CHANGEBASED ON THE FINAL SITEPLAN APPLICATION FOR PHASE2 AND CURRENT CITY CODESAT THAT TIME.Docusign Envelope ID: D8D560D2-0CAA-8C71-83A2-E5BA8DDE0F56