Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-15-2026- City Commission Agendas & Packet Materials
A. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 15, 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 Public comment on items within the Consent Agenda will be called for prior to the City 1 F.1 Accounts Payable Claims Review and Approval (Edwards) F.2 Authorize the City Manager to Sign the Notice of Award for the Fowler Avenue Connection Segment 1 Improvements project, to CK May Excavating, for the Total Bid in the Amount of $4,018,965.00, and Final Contract Documents Once Received(Murray) F.3 Authorize the City Manager to sign the Torch Relay Agreement with LA28 to host the Olympic Torch Relay(Rowley) F.4 Authorize the City Manager to Sign a Memorandum of Understanding and License Agreement with Gallatin County Emergency Management for the Sourdough Fuels Reduction Grant and Project Implementation(Heaston) F.5 Authorize the City Manager to Sign a Subscription Agreement with VertiGIS for Geographic Information System (GIS) Software Support Services(Jorgenson) F.6 Authorize the City Manager to sign a Professional Services Agreement with Strategies 360 for Tenants Right to Counsel Communications Services(Clark) F.7 Authorize the City Manager to Sign a Professional Services Agreement with Design 5 Landscape Architecture for Design Services for the Willson School Accessible Playground Project(Staley) F.8 Authorize the City Manager to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for Website Hosting and Support Services for the Bozeman Drought Monitoring Tool(Ahlstrom) F.9 Authorize the City Manager to Sign a Professional Services Agreement with Hale Creative Consulting LLC for Staff Training Services for the Parks and Recreation Department(Canter) F.10 Authorize the City Manager to Sign a Professional Services Agreement with Sanbell for Preliminary Design of the North Frontage Road Wastewater and Shared-Use Pathway Improvements(Gamradt) F.11 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with OnSite Energy for the Bozeman Public Library Solar Photovoltaic (PV) Expansion Project( Meyer) F.12 Authorize the City Manager to Sign a Second Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project(Miller) F.13 Authorize the City Manager to Sign Amendment 4 to Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering Providing for Construction Phase Services for the Water Reclamation Facility Solar Project(Heaston) F.14 Authorize the City Manager to Sign a Task Order 1 with Cascadia Partners for Economic Development and Community Housing Services(DiTommaso ) Commission vote for approval. Oral comments are usually limited to three (3) minutes. 2 F.15 A Resolution Adopting Corrected Resolution Numbers to Correct an Administrative Error(Maas) F.16 Ordinance, Final Adoption of a Text Amendment modifying Sections 38.610.030 and 040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120 (Submittal Materials for Review) within Chapter 38 of the Bozeman Municipal Code, Application 26217(Rogers) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission H. Special Presentation H.1 Bozeman Housing Affordability Civic Dialogue Final Results and Proposed Workplan(Morrison) I. Action Items I.1 Ordinance 2026-## Provisional Adoption Creating a New Division of Chapter 40 of the Bozeman Municipal Code Related to Water Adequacy(Kohtz) I.2 A Resolution Adopting the Cattail Creek Corridor and Anchor Route Park Master Plan (Jadin) J. Appointments J.1 Appointment to the Library Board of Trustees(Maas) K. FYI / Discussion 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. Written comments can be located in the Public Comment Repository. Special Presentation 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. Consider the Motion: I move to Provisionally Adopt the Ordinance creating a new division of chapter 40 of the Bozeman Municipal Code related to water adequacy. Consider the motion: I move to approve a Resolution Adopting the Cattail Creek Corridor and Anchor Route Park Master Plan. Public comment will be called for on all appointments prior to City Commission voting. Oral comments are usually limited to three (3) minutes. Consider the Motion: I move to appoint one member [INSERT NAME] to the Library Board of Trustees to fulfill a term ending June 30, 2027, and I move to appoint one member [INSERT NAME] to the Library Board of Trustees for a term ending June 30, 2031. 3 L. Adjournment 4 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:September 15, 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 September 16, 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 5 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign the Notice of Award for the Fowler Avenue Connection Segment 1 Improvements project, to CK May Excavating, for the Total Bid in the Amount of $4,018,965.00, and Final Contract Documents Once Received MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for the Fowler Avenue Connection – Segment 1 Improvements project, to CK May Excavating, for the Total Bid in the amount of $4,018,965.00, and final contract documents once received. 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 Notice of Award for the above referenced project. The project will construct the section of Fowler Avenue between Oak Street and Durston Road. It includes one lane in each direction, shared use paths in each direction, landscaped and irrigated boulevards and berms, water, sewer, stormwater, street lighting, and a single lane roundabout at the Fowler/Annie intersection. The roundabout includes pedestrian beacons at the crosswalks. Bids for the above-referenced project were opened on August 27, 2026, with 4 bids received. The low bid was submitted by CK May Excavating in the amount of $4,018,965.00. The engineer’s estimate was $5,555,879.50. The Notice of Award, Bid Tabulation, and the Engineers award recommendation are attached. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:$4,018,965.00 from the Street Impact Fee Fund (SIF) and the Arterial and Collector District Fund (A&C), Project Number SIF114. Construction funding for the project has been approved in the FY26 Operating Budget at $9,551,800 SIF and $401,700 A&C. 6 Attachments: Notice of Award_Fowler_Seg_1_083006.pdf Fowler_Seg 1_Bid_Recommendation_083026.pdf Report compiled on: September 2, 2026 7 EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Project: Contract Name: Bidder: Bidder’s Address: You are notified that Owner has accepted your Bid dated _______ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: ____________________________________ The Contract Price of the awarded Contract is $_______________. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. __________ unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner __________ counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): _______________________________________________ Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: _____________________________________________ By (signature): Name (printed): Title: Copy: Engineer 8 August 30, 2026 Mr. Bob Murray Engineering Division City of Bozeman 20 East Olive Bozeman, MT 59715 SUBJECT: BID AWARD RECOMMENDATION Fowler Avenue Connection, Segment 1, Project No. 21263.01 Dear Bob: On August 27, 2026, competitive bids for the above referenced project were accepted and publicly opened. Four bids were received from the following companies: Knife River – Belgrade, SIME Construction, Williams Civil Construction, and CK May Excavating. Listed below is a summary of the verified bids and the engineer’s opinion of probable cost: Bidder Total Base Bid Knife River - Belgrade $ 4,706,421.75 SIME Construction $ 4,561,474.99 Williams Civil Construction $ 4,024,452.00 CK May Excavating $ 4,018,965.00 Engineer’s Opinion of Probable Cost $ 5,555,879.50 No discrepancies were noted in any of the bids. Based on this review, Sanbell recommends that the City of Bozeman move forward with a contract award to CK May Excavating in the amount of $4,018,965.00. A copy of the bid tabulation is attached for reference. Please call if you have any questions or would like further information. Sincerely, Joey Staszcuk, PE, PTOE, RSP1 Associate Principal enclosures: Bid Tabulation 9 Fowler Avenue Connection Oak Street to Durston Road (#10302120) Owner: Bozeman MT, City of Solicitor: Sanbell 08/27/2026 03:00 PM MDT Engineer Estimate CK May Excavating, Inc. Williams Civil Construction Sime Construction, Inc. Knife River - Belgrade Section TitleLine Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Schedule I: Fowler Segment 1 $5,455,879.50 $3,918,965.00 $3,924,452.00 $4,461,474.99 $4,606,421.75 101 Mobilization and Insurance LS 1 $477,273.00 $477,273.00 $75,000.00 $75,000.00 $177,000.00 $177,000.00 $161,400.00 $161,400.00 $341,400.00 $341,400.00 102 Traffic Control LS 1 $150,000.00 $150,000.00 $5,000.00 $5,000.00 $51,900.00 $51,900.00 $49,200.00 $49,200.00 $35,000.00 $35,000.00 103 Storm Water Management and Erosion Control LS 1 $30,000.00 $30,000.00 $8,000.00 $8,000.00 $40,700.00 $40,700.00 $49,025.00 $49,025.00 $50,000.00 $50,000.00 104 Clear and Grub LS 1 $100,000.00 $100,000.00 $20,000.00 $20,000.00 $20,100.00 $20,100.00 $40,835.00 $40,835.00 $55,000.00 $55,000.00 105 Strip, Stockpile, and Replace or Dispose of Topsoil CY 11152 $10.00 $111,520.00 $21.00 $234,192.00 $11.00 $122,672.00 $20.45 $228,058.40 $16.00 $178,432.00 106 Unclassified Excavation (Includes embankment in place) CY 3271 $60.00 $196,260.00 $8.00 $26,168.00 $5.50 $17,990.50 $11.00 $35,981.00 $23.00 $75,233.00 107 Structural Import - Roadway CY 4200 $60.00 $252,000.00 $38.00 $159,600.00 $22.00 $92,400.00 $43.10 $181,020.00 $45.00 $189,000.00 108 Asphalt Removal SY 1015 $20.00 $20,300.00 $5.00 $5,075.00 $9.00 $9,135.00 $3.40 $3,451.00 $9.00 $9,135.00 109 Curb and Gutter Removal LF 560 $10.00 $5,600.00 $4.00 $2,240.00 $2.50 $1,400.00 $9.90 $5,544.00 $8.00 $4,480.00 110 Concrete Flatwork Removal SF 3785 $5.50 $20,817.50 $2.00 $7,570.00 $0.50 $1,892.50 $2.65 $10,030.25 $3.00 $11,355.00 111 Unstable Subgrade Stabilization CY 500 $100.00 $50,000.00 $55.00 $27,500.00 $43.00 $21,500.00 $73.60 $36,800.00 $78.00 $39,000.00 112 Asphalt Pavement (4-inch Section) SY 10140 $38.00 $385,320.00 $28.00 $283,920.00 $25.00 $253,500.00 $27.95 $283,413.00 $24.50 $248,430.00 113 1 1/2-inch Crushed Base Course Gravel (12-inch Section) CY 4168 $45.00 $187,560.00 $55.00 $229,240.00 $33.00 $137,544.00 $48.70 $202,981.60 $49.00 $204,232.00 114 Standard Curb and Gutter LF 6773 $25.00 $169,325.00 $23.00 $155,779.00 $34.00 $230,282.00 $23.75 $160,858.75 $22.50 $152,392.50 115 Asphalt Path (2.5-inch section, includes 9-inch base gravel) SY 4508 $30.00 $135,240.00 $35.50 $160,034.00 $30.00 $135,240.00 $37.60 $169,500.80 $32.00 $144,256.00 116 4-inch Thick Concrete Sidewalk SF 12912 $10.00 $129,120.00 $9.00 $116,208.00 $8.00 $103,296.00 $7.05 $91,029.60 $7.50 $96,840.00 117 6-inch Thick Fiber Reinforced Concrete Accessibility Ramp SF 4304 $16.00 $68,864.00 $13.00 $55,952.00 $16.00 $68,864.00 $10.25 $44,116.00 $18.25 $78,548.00 118 Truncated Dome Panel (2'x2') SF 614 $60.00 $36,840.00 $60.00 $36,840.00 $71.00 $43,594.00 $64.75 $39,756.50 $43.00 $26,402.00 119 New Sign Post & Foundation EA 32 $600.00 $19,200.00 $550.00 $17,600.00 $440.00 $14,080.00 $415.00 $13,280.00 $1,600.00 $51,200.00 120 New Sign Face EA 100 $200.00 $20,000.00 $150.00 $15,000.00 $110.00 $11,000.00 $210.00 $21,000.00 $205.00 $20,500.00 121 Surface-Mount Delineator EA 12 $20.00 $240.00 $100.00 $1,200.00 $130.00 $1,560.00 $275.00 $3,300.00 $240.00 $2,880.00 122 Type III Barricade EA 16 $600.00 $9,600.00 $400.00 $6,400.00 $510.00 $8,160.00 $395.00 $6,320.00 $500.00 $8,000.00 123 White Epoxy Pavement Markings GAL 25.5 $350.00 $8,925.00 $425.00 $10,837.50 $440.00 $11,220.00 $492.20 $12,551.10 $425.00 $10,837.50 124 Yellow Epoxy Pavement Markings GAL 29.3 $350.00 $10,255.00 $400.00 $11,720.00 $410.00 $12,013.00 $461.45 $13,520.49 $405.00 $11,866.50 125 2-inch SCH 80 PVC Conduit LF 3010 $18.00 $54,180.00 $15.00 $45,150.00 $10.00 $30,100.00 $9.00 $27,090.00 $15.00 $45,150.00 126 3-inch SCH 80 PVC Conduit LF 615 $30.00 $18,450.00 $17.00 $10,455.00 $15.00 $9,225.00 $13.00 $7,995.00 $17.00 $10,455.00 127 Pull Box-Composite Type 1 EA 44 $1,000.00 $44,000.00 $1,000.00 $44,000.00 $1,000.00 $44,000.00 $1,726.00 $75,944.00 $1,000.00 $44,000.00 128 Structural Concrete Pole Foundations (Assumes 2' x 5') CY 20.6 $1,900.00 $39,140.00 $1,850.00 $38,110.00 $2,000.00 $41,200.00 $2,962.00 $61,017.20 $1,900.00 $39,140.00 129 Conductor, Copper, #6 AWG LF 3000 $3.00 $9,000.00 $1.80 $5,400.00 $1.50 $4,500.00 $2.00 $6,000.00 $2.00 $6,000.00 130 Conductor, Copper, #8 AWG LF 5600 $2.20 $12,320.00 $1.60 $8,960.00 $1.50 $8,400.00 $1.70 $9,520.00 $1.75 $9,800.00 131 Conductor, Copper, #10 AWG LF 2100 $1.50 $3,150.00 $1.40 $2,940.00 $1.00 $2,100.00 $1.25 $2,625.00 $1.50 $3,150.00 132 Cable, Copper, 3 AWG #10 LF 110 $5.00 $550.00 $2.50 $275.00 $2.50 $275.00 $10.10 $1,111.00 $2.50 $275.00 133 Rectangular Rapid Flashing Beacon EA 4 $8,000.00 $32,000.00 $12,500.00 $50,000.00 $9,600.00 $38,400.00 $9,507.00 $38,028.00 $12,800.00 $51,200.00 134 High Efficacy Luminaire LED EA 32 $1,000.00 $32,000.00 $850.00 $27,200.00 $500.00 $16,000.00 $388.00 $12,416.00 $860.00 $27,520.00 135 Standard Luminaire Pole EA 32 $6,000.00 $192,000.00 $2,400.00 $76,800.00 $2,600.00 $83,200.00 $4,920.00 $157,440.00 $2,500.00 $80,000.00 136 Service Assembly EA 1 $4,000.00 $4,000.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $4,385.00 $4,385.00 $7,500.00 $7,500.00 137 Private Utility Relocations / Crossings LS 1 $5,000.00 $5,000.00 $1.00 $1.00 $5,400.00 $5,400.00 $11,385.00 $11,385.00 $12,000.00 $12,000.00 138 Type II Bedding CY 100 $50.00 $5,000.00 $35.00 $3,500.00 $60.00 $6,000.00 $54.25 $5,425.00 $58.00 $5,800.00 139 Connect to Ex Storm Drain Manhole EA 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $3,400.00 $3,400.00 $2,375.00 $2,375.00 $2,500.00 $2,500.00 140 Connect to Ex Storm Drain Inlet EA 1 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $1,900.00 $1,900.00 $1,845.00 $1,845.00 $1,900.00 $1,900.00 141 Standard Storm Drain Frame EA 1 $2,000.00 $2,000.00 $750.00 $750.00 $640.00 $640.00 $985.00 $985.00 $1,100.00 $1,100.00 142 Curb Inlet Frame and Grate EA 22 $2,150.00 $47,300.00 $1,250.00 $27,500.00 $1,200.00 $26,400.00 $1,520.00 $33,440.00 $1,600.00 $35,200.00 143 48" Storm Drain Inlet Structure Base EA 20 $6,500.00 $130,000.00 $3,700.00 $74,000.00 $4,000.00 $80,000.00 $3,260.00 $65,200.00 $3,500.00 $70,000.00 144 60" Storm Drain Inlet Structure Base EA 3 $8,000.00 $24,000.00 $5,000.00 $15,000.00 $5,700.00 $17,100.00 $5,125.00 $15,375.00 $5,500.00 $16,500.00 145 60" Storm Drain Manhole Structure Base EA 1 $8,000.00 $8,000.00 $6,000.00 $6,000.00 $6,600.00 $6,600.00 $5,640.00 $5,640.00 $6,000.00 $6,000.00 146 15" FETs EA 5 $1,500.00 $7,500.00 $2,300.00 $11,500.00 $2,600.00 $13,000.00 $1,890.00 $9,450.00 $2,000.00 $10,000.00 147 18" FETs EA 2 $2,000.00 $4,000.00 $2,500.00 $5,000.00 $2,600.00 $5,200.00 $1,985.00 $3,970.00 $2,100.00 $4,200.00 148 24" FETs EA 1 $2,500.00 $2,500.00 $2,800.00 $2,800.00 $2,900.00 $2,900.00 $2,290.00 $2,290.00 $2,400.00 $2,400.00 149 36" ARCH Equivalent FETs EA 2 $5,000.00 $10,000.00 $4,000.00 $8,000.00 $3,900.00 $7,800.00 $3,310.00 $6,620.00 $3,500.00 $7,000.00 150 Trash Guard EA 1 $600.00 $600.00 $2,000.00 $2,000.00 $1,900.00 $1,900.00 $2,010.00 $2,010.00 $2,200.00 $2,200.00 151 12" Storm Drain RCP LF 190 $100.00 $19,000.00 $110.00 $20,900.00 $95.00 $18,050.00 $116.90 $22,211.00 $125.00 $23,750.00 152 15" Storm Drain RCP LF 495 $110.00 $54,450.00 $110.00 $54,450.00 $71.00 $35,145.00 $100.90 $49,945.50 $108.00 $53,460.00 153 18" Storm Drain RCP LF 228 $120.00 $27,360.00 $115.00 $26,220.00 $74.00 $16,872.00 $105.85 $24,133.80 $114.00 $25,992.00 154 24" Storm Drain RCP LF 47 $150.00 $7,050.00 $140.00 $6,580.00 $110.00 $5,170.00 $131.50 $6,180.50 $141.00 $6,627.00 155 12" Storm Drain PVC Pipe LF 95 $70.00 $6,650.00 $65.00 $6,175.00 $44.00 $4,180.00 $63.10 $5,994.50 $68.00 $6,460.00 156 15" Storm Drain PVC Pipe LF 525 $75.00 $39,375.00 $70.00 $36,750.00 $54.00 $28,350.00 $65.55 $34,413.75 $70.00 $36,750.00 157 24" Storm Drain PVC Pipe LF 230 $120.00 $27,600.00 $100.00 $23,000.00 $80.00 $18,400.00 $94.40 $21,712.00 $101.00 $23,230.00 158 36" ARCH Equivalent Storm Drain Pipe LF 95 $250.00 $23,750.00 $325.00 $30,875.00 $220.00 $20,900.00 $288.35 $27,393.25 $310.00 $29,450.00 159 Class I Angular Riprap SF 120 $50.00 $6,000.00 $20.00 $2,400.00 $13.00 $1,560.00 $23.50 $2,820.00 $25.00 $3,000.00 160 Connect to Ex Sanitary Sewer Manhole EA 3 $3,000.00 $9,000.00 $2,500.00 $7,500.00 $6,900.00 $20,700.00 $2,140.00 $6,420.00 $2,300.00 $6,900.00 161 60" Sanitary Sewer Manhole x 5' Depth EA 11 $7,500.00 $82,500.00 $6,800.00 $74,800.00 $7,500.00 $82,500.00 $5,715.00 $62,865.00 $6,100.00 $67,100.00 162 60" Sanitary Sewer Manhole Additional Depth (over 5') VF 55.5 $250.00 $13,875.00 $500.00 $27,750.00 $480.00 $26,640.00 $495.00 $27,472.50 $500.00 $27,750.00 163 48" Sanitary Sewer Manhole x 5' Depth EA 2 $6,000.00 $12,000.00 $5,800.00 $11,600.00 $5,000.00 $10,000.00 $4,730.00 $9,460.00 $5,000.00 $10,000.00 164 48" Sanitary Sewer Manhole Additional Depth (over 5') VF 9.4 $200.00 $1,880.00 $350.00 $3,290.00 $390.00 $3,666.00 $400.00 $3,760.00 $430.00 $4,042.00 165 8" Sanitary Sewer Pipe LF 574 $60.00 $34,440.00 $75.00 $43,050.00 $65.00 $37,310.00 $86.45 $49,622.30 $93.00 $53,382.00 166 24" Sanitary Sewer Pipe LF 2713 $150.00 $406,950.00 $100.00 $271,300.00 $120.00 $325,560.00 $107.05 $290,426.65 $115.00 $311,995.00 167 8" Sanitary Sewer Cap EA 4 $500.00 $2,000.00 $50.00 $200.00 $190.00 $760.00 $295.00 $1,180.00 $315.00 $1,260.00 168 Connect to ex 8" Sanitary Sewer Main EA 1 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,900.00 $1,900.00 $1,580.00 $1,580.00 $1,700.00 $1,700.00 169 Remove & Dispose Existing Sanitary Sewer Pipe LF 1676 $50.00 $83,800.00 $8.00 $13,408.00 $28.00 $46,928.00 $52.05 $87,235.80 $56.00 $93,856.00 170 Remove Sanitary Sewer Manhole EA 7 $5,000.00 $35,000.00 $550.00 $3,850.00 $1,600.00 $11,200.00 $1,635.00 $11,445.00 $1,800.00 $12,600.00 171 Connect to ex 8" Water Main EA 4 $3,000.00 $12,000.00 $1,500.00 $6,000.00 $2,300.00 $9,200.00 $2,370.00 $9,480.00 $2,600.00 $10,400.00 172 Connect to ex 12" Water Main EA 1 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $7,700.00 $7,700.00 $5,740.00 $5,740.00 $6,200.00 $6,200.00 173 8" Zinc Coated Class 51 Ductile Iron Water Main LF 2520 $120.00 $302,400.00 $85.00 $214,200.00 $80.00 $201,600.00 $90.70 $228,564.00 $98.00 $246,960.00 174 6" Zinc Coated Class 51 Ductile Iron Water Main LF 65 $110.00 $7,150.00 $85.00 $5,525.00 $40.00 $2,600.00 $89.80 $5,837.00 $97.00 $6,305.00 175 8"x8" Cross EA 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $1,400.00 $1,400.00 $1,190.00 $1,190.00 $1,300.00 $1,300.00 176 12"x8" Tee EA 1 $1,500.00 $1,500.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 $1,730.00 $1,730.00 $1,800.00 $1,800.00 177 8"x8" Tee EA 5 $1,250.00 $6,250.00 $1,900.00 $9,500.00 $1,000.00 $5,000.00 $965.00 $4,825.00 $1,000.00 $5,000.00 178 8"x6" Tee EA 6 $1,000.00 $6,000.00 $1,200.00 $7,200.00 $920.00 $5,520.00 $865.00 $5,190.00 $930.00 $5,580.00 179 8" Bends EA 5 $1,500.00 $7,500.00 $1,000.00 $5,000.00 $730.00 $3,650.00 $610.00 $3,050.00 $650.00 $3,250.00 180 8" Gate Valve EA 13 $3,000.00 $39,000.00 $3,600.00 $46,800.00 $2,700.00 $35,100.00 $3,515.00 $45,695.00 $3,800.00 $49,400.00 181 6" Gate Valve EA 6 $2,500.00 $15,000.00 $3,000.00 $18,000.00 $1,700.00 $10,200.00 $2,915.00 $17,490.00 $3,100.00 $18,600.00 182 2" Water Service Saddle and Connection EA 1 $1,000.00 $1,000.00 $1,200.00 $1,200.00 $710.00 $710.00 $965.00 $965.00 $1,000.00 $1,000.00 183 2" Water Service Pipe LF 48 $75.00 $3,600.00 $100.00 $4,800.00 $93.00 $4,464.00 $112.65 $5,407.20 $121.00 $5,808.00 184 Irrigation Meter Pit and Assembly EA 1 $5,000.00 $5,000.00 $8,500.00 $8,500.00 $8,400.00 $8,400.00 $9,570.00 $9,570.00 $10,300.00 $10,300.00 185 Irrigation Curb Stop and Waste EA 2 $1,000.00 $2,000.00 $1,300.00 $2,600.00 $890.00 $1,780.00 $1,140.00 $2,280.00 $1,300.00 $2,600.00 186 8" Water Plug & Thrust EA 4 $1,800.00 $7,200.00 $1,000.00 $4,000.00 $790.00 $3,160.00 $460.00 $1,840.00 $500.00 $2,000.00 187 Fire Hydrant Assembly EA 6 $6,000.00 $36,000.00 $5,800.00 $34,800.00 $6,900.00 $41,400.00 $5,690.00 $34,140.00 $6,200.00 $37,200.00 188 2" Blowoff Assembly EA 5 $2,000.00 $10,000.00 $3,500.00 $17,500.00 $3,200.00 $16,000.00 $3,560.00 $17,800.00 $3,800.00 $19,000.00 189 Rigid Foam Insulation LF 294 $40.00 $11,760.00 $20.00 $5,880.00 $26.00 $7,644.00 $32.85 $9,657.90 $35.00 $10,290.00 190 Irrigation Sleeving LF 1300 $2.00 $2,600.00 $9.00 $11,700.00 $5.00 $6,500.00 $14.75 $19,175.00 $12.00 $15,600.00 191 6" Screened Top Soil CY 150 $45.00 $6,750.00 $50.00 $7,500.00 $18.00 $2,700.00 $58.90 $8,835.00 $57.00 $8,550.00 192 Organic Compost Amendment CY 1100 $65.00 $71,500.00 $82.00 $90,200.00 $71.00 $78,100.00 $87.55 $96,305.00 $72.00 $79,200.00 193 Fine Grading SF 175000 $0.12 $21,000.00 $0.25 $43,750.00 $0.09 $15,750.00 $0.25 $43,750.00 $0.09 $15,750.00 194 POC for Irrigation LS 1 $3,000.00 $3,000.00 $10,000.00 $10,000.00 $10,100.00 $10,100.00 $11,645.00 $11,645.00 $10,200.00 $10,200.00 195 Irrigation Clock LS 1 $3,500.00 $3,500.00 $6,500.00 $6,500.00 $9,700.00 $9,700.00 $10,345.00 $10,345.00 $9,800.00 $9,800.00 196 Decomposed Granite Mulch CY 55 $75.00 $4,125.00 $310.00 $17,050.00 $300.00 $16,500.00 $180.80 $9,944.00 $300.00 $16,500.00 197 Area for Drip Emitter Irrigation SF 4900 $1.35 $6,615.00 $3.50 $17,150.00 $5.00 $24,500.00 $3.35 $16,415.00 $5.00 $24,500.00 198 Area for Drip Line Irrigation SF 16100 $1.50 $24,150.00 $2.00 $32,200.00 $3.50 $56,350.00 $3.05 $49,105.00 $3.30 $53,130.00 199 Area for Rotary Irrigation SF 155000 $0.95 $147,250.00 $0.80 $124,000.00 $1.38 $213,900.00 $0.95 $147,250.00 $1.40 $217,000.00 200 Organic Mulch CY 85 $65.00 $5,525.00 $180.00 $15,300.00 $120.00 $10,200.00 $130.00 $11,050.00 $117.00 $9,945.00 201 Trees with Irrigation EA 164 $1,200.00 $196,800.00 $520.00 $85,280.00 $600.00 $98,400.00 $1,050.00 $172,200.00 $600.00 $98,400.00 202 Shrubs (5 gal) EA 52 $75.00 $3,900.00 $75.00 $3,900.00 $110.00 $5,720.00 $145.55 $7,568.60 $116.00 $6,032.00 203 Perennials (1 gal) EA 67 $65.00 $4,355.00 $40.00 $2,680.00 $47.00 $3,149.00 $45.15 $3,025.05 $44.00 $2,948.00 204 Grasses (1 gal) EA 296 $55.00 $16,280.00 $40.00 $11,840.00 $44.00 $13,024.00 $57.40 $16,990.40 $44.00 $13,024.00 205 Area for Seed SF 171000 $0.45 $76,950.00 $0.15 $25,650.00 $0.24 $41,040.00 $0.19 $32,490.00 $0.25 $42,750.00 207 Contech Stormwater Chamber System LS 1 $35,000.00 $35,000.00 $32,500.00 $32,500.00 $29,100.00 $29,100.00 $33,280.00 $33,280.00 $44,500.00 $44,500.00 208 Sanitary Sewer Bypass LS 1 $50,000.00 $50,000.00 $18,500.00 $18,500.00 $42,500.00 $42,500.00 $32,570.00 $32,570.00 $35,000.00 $35,000.00 209 Decorative Median Concrete SF 1380 $20.00 $27,600.00 $35.00 $48,300.00 $21.00 $28,980.00 $18.40 $25,392.00 $21.00 $28,980.00 210 Valley Gutter/Fillets SF 800 $18.00 $14,400.00 $16.00 $12,800.00 $18.00 $14,400.00 $15.65 $12,520.00 $14.00 $11,200.00 211 Mountable Roundabout Curb LF 176 $30.00 $5,280.00 $50.00 $8,800.00 $38.00 $6,688.00 $23.30 $4,100.80 $32.00 $5,632.00 212 Durston and Oak Transverse Trench Flow Fill CY 183 $120.00 $21,960.00 $200.00 $36,600.00 $170.00 $31,110.00 $202.25 $37,011.75 $195.00 $35,685.00 213 3"minus Durston SS Lateral Trench Backfill CY 637 $45.00 $28,665.00 $35.00 $22,295.00 $24.00 $15,288.00 $44.45 $28,314.65 $28.00 $17,836.00 214 1.5" Crushed Base Course Sidewalk Gravel (6" Section) CY 319 $45.00 $14,355.00 $65.00 $20,735.00 $28.00 $8,932.00 $115.25 $36,764.75 $33.00 $10,527.00 215 Oak St Concrete Median Cap Replacement SF 387 $10.00 $3,870.00 $6.50 $2,515.50 $17.00 $6,579.00 $12.95 $5,011.65 $8.75 $3,386.25 216 Oak St Pin Down Curb Replacement LF 48 $20.00 $960.00 $50.00 $2,400.00 $30.00 $1,440.00 $23.75 $1,140.00 $55.00 $2,640.00 Schedule I: Fowler Segment 1-Fixed $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 206 Miscellaneous Work UNIT 100000 $1.00 $100,000.00 $1.00 $100,000.00 $1.00 $100,000.00 $1.00 $100,000.00 $1.00 $100,000.00 Base Bid Total: $5,555,879.50 $4,018,965.00 $4,024,452.00 $4,561,474.99 $4,706,421.75 10 Memorandum REPORT TO:City Commission FROM:Cola Rowley Assistant City Manager Chuck Winn City Manager SUBJECT:Authorize the City Manager to sign the Torch Relay Agreement with LA28 to host the Olympic Torch Relay MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign the Torch Relay Agreement with LA28 to host the Olympic Torch Relay. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Bozeman has been invited to be a host city for the Olympic Torch Relay as part of the 2028 Olympic Games. For the first time, the Olympic Flame will make its way across all 50 states, showcasing the cultural and civic diversity that makes our nation unique, before arriving in Los Angeles at the Opening Ceremony on July 14, 2028. The City agrees to participate in, provide, or work with partners to provide planning, advice, promotion, permitting, and operational support services including establishing a Community Task Force, staging of the Relay and related events, facilities, ensuring emergency medical services, sanitation and waste management, street closures, traffic and parking management, and safety and security. If Bozeman is the final city of the Relay Day, a cauldron lighting event will be held which may require staging, sound and lighting systems, event infrastructure (bathrooms, fencing, etc.), security, cleaning and waste management. UNRESOLVED ISSUES:None ALTERNATIVES:None recommended FISCAL EFFECTS:The City agrees to provide deliverables which will carry resource or direct fiscal impacts. Attachments: LA28-City of Bozeman Torch Relay Invitation Letter and Agreement.pdf Report compiled on: August 27, 2026 11 12 LA28 - LIMITED TORCH RELAY Invitation Letter & Agreement 13 South Park Center 1150 S Olive St. Suite 700 Los Angeles, CA 90015 CONFIDENTIAL August 21, 2026 Chuck Winn City Manager 121 N Rouse Ave Bozeman, MT 59715 RE: Olympic Torch Relay Dear Chuck Winn, The Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 (LA28) greatly appreciates your interest in hosting the Olympic Torch Relay in Bozeman as part of the 2028 Olympic Games. For the first time in history the Olympic Flame will make its way across all fifty states, showcasing the cultural and civic diversity that makes our nation unique, before arriving in Los Angeles at the Opening Ceremony on July 14, 2028. Few traditions reflect the spirit and heritage of the Olympic Games as profoundly as the Flame’s journey. Starting from Olympia, Greece, the Torch Relay will be planned in close collaboration between LA28 and each participating city. While LA28 will lead the overall delivery of the Relay, its success will rely on key support services from the City of Bozeman to ensure a safe and seamless passage through your community. Enclosed is the Torch Relay Agreement, which outlines the primary areas where LA28 will need the City’s partnership to deliver this historic event. It is critical that the route and Bozeman’s involvement remain strictly confidential until LA28 issues the official public announcement. Upon receipt of the executed Torch Relay Agreement, LA28 will provide additional information to support the City prior to the public announcement of its participation in the Relay. The 2028 Olympic Torch Relay will create a meaningful legacy in your city and offer your community a unique opportunity to participate in the 2028 Games. This year, I had the incredible and unforgettable honor of participating in the Milano-Cortina 2026 Winter Olympic Torch Relay. The torch is a powerful global symbol of unity across nations, and we have an opportunity to make history as we carry that same spirit and energy across our country. Together, we will ensure the 2028 Olympic & Paralympic Games reflect the heart and soul of America. We hope that the City of Bozeman will join us in this momentous event, and we look forward to working alongside you to shine a global spotlight on your community. Sincerely, Reynold N. Hoover Chief Executive Officer Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 Enclosures: Torch Relay Agreement 14 1 CONFIDENTIAL TORCH RELAY AGREEMENT This Torch Relay Agreement (the “Agreement”) is entered as of the date of the last signature set forth below between the Los Angeles Organizing Committee for the Olympic Games 2028 (“LA28”) and City of Bozeman (“City”). Collectively, these entities shall be known herein as the “Parties” or individually as a “Party.” Capitalized terms used in this Agreement have the meanings set forth in Addendum C (“Definitions”). I. REQUIREMENTS 1. Roles of the Parties. 1.1 LA28’s Role. LA28 has the overall responsibility for staging the Relay within the City Jurisdiction with the principal objectives of: (i) showcasing the City, community, and surrounding region whenever possible, and (ii) promoting the Games and the Olympic Movement. 1.2 City’s Role. The City agrees to provide planning, advisory and operational support services, without any charge to LA28 or Associated Parties, that include, but is not limited to: (i) assisting LA28 with the staging of the Relay and associated events (including, as applicable, Cauldron Lighting or Celebration events) within the City Jurisdiction; and (ii) ensuring that no other major events are staged in the City Jurisdiction on the day of the Relay. The City’s rights and responsibilities in relation to the Relay within the City Jurisdiction are as set forth in this Agreement. The City will carry out such responsibilities as are applicable to the City and will, through its membership and representation on the Community Task Force, cause the Community Task Force to carry out such responsibilities as are assigned to the Community Task Force. The City acknowledges that LA28 possesses the exclusive right in connection with the Relay to make sponsorship, marketing, merchandising and concessionaire arrangements. The City hereby appoints the following individuals to act as the principal and secondary points of contact and liaisons between LA28, on the one hand, and the City and Community Task Force, on the other: 15 2 CONFIDENTIAL City’s Primary Contact: Name: Title: Address: Telephone: E-mail: City’s Secondary Contact: Name: Title: Address: Telephone: E-mail: 1.3 Community Task Force Establishment and Management. In coordination with LA28, the City shall establish a Community Task Force, composed of City’s relevant stakeholders. The Community Task Force plans and coordinates all aspects of the City’s participation in the Relay and assists and advises LA28 on other Relay aspects. The City shall appoint a law enforcement representative to serve as part of the Community Task Force to ensure the integration of Relay requirements into public safety planning. 1.4 Community Planning Guide. LA28 shall provide the City with the CPG, which is hereby referenced and incorporated herein. The CPG shall serve as a guide to the City and Community Task Force in the planning process as the City plans and executes its responsibilities related to the Relay and any associated events within the City Jurisdiction. The CPG will include recommended best practices for operations, including environmental sustainability efforts. Taking into account the protection of Confidential Information, City agrees to distribute copies of the CPG to appropriate members of the Community Task Force and other City persons responsible for the Relay (and any associated events) that are necessary in order to allow City to meet its obligations under this Agreement. The City agrees that LA28 may from time to time provide the City with an updated and/or amended version the CPG, whereupon the City will treat such updated and/or amended version as the CPG for all purposes of this Agreement. 1.5 Status Reports. At LA28’s request from time to time, the City shall provide LA28 with status reports regarding the performance of the City’s obligations pursuant to this Agreement, and of the City’s activities in connection with the Relay generally, at such intervals as LA28 may reasonably request. 2. Taxes and Permits. Except for sales tax or business tax, in the event any tax, permit, license, variance, easement, fee, and/or other requisite permissions as may be required in connection with the staging and broadcast of the Relay and/or any associated events within the City Jurisdiction, City agrees to either: (i) waive all such tax, licenses, permits, and/or fees, etc.; or (ii) issue all such permits, licenses, or permissions (without regard for differences in local terminology) without the need for LA28 or the relevant 16 3 CONFIDENTIAL Associated Parties to lodge any further application with the City and at no cost to LA28 or the relevant Associated Parties. 3. City Torchbearer Selection. 3.1 The City and Community Task Force shall have the right to select torchbearers to carry the Olympic Flame in the City. The number of torchbearers City may select shall be determined by LA28 in its sole discretion and provided to the City as part of the CPG. Torchbearers must be selected based on LA28 criteria and shall be subject to a security background check. Torchbearer slots are merit-based and cannot be sold, exchanged for donations or value of any kind, or given away as a prize. LA28 will provide guidance on the process and timelines for selecting City torchbearers in the CPG. Elected officials and/or political candidates will not be eligible for torchbearer selection. 4. Relay Route. 4.1 The Relay route within the City Jurisdiction is a collaborative partnership between LA28 and the City. LA28 will work with the City and Community Task Force to identify priority locations to be included in the Relay route within the City Jurisdiction (subject to timing, security, financial and logistical limitations). The Parties shall mutually agree upon and document the Relay route within the City Jurisdiction. 4.2 For any city in which no Cauldron Lighting or Celebration event takes place within the City Jurisdiction, the City shall have the right to request a brief stop at a strategic location (with local cultural, historic, or community significance) on the Relay route within the City Jurisdiction where the City intends to conduct a brief Photo Moment, which shall comply with all terms and conditions of this Agreement. LA28 will provide criteria to support the selection and use of the location. 5. City Facilities. The operation of the Relay may require the use of City venues or facilities, such as City buildings, museums, schools, sports and community centers, etc. These may be used as locations for photography/filming opportunities, break locations during the Relay, parking locations for Relay vehicles or as meeting points for torchbearers. LA28 and the City will review the route and jointly determine the appropriate locations that may be used for the Relay operation. The City will provide the facility(ies) and appropriate personnel it controls to manage the facility(ies) free of charge to LA28. The City shall also provide reasonable assistance and support to LA28 to locate and secure non-City controlled facilities that may be necessary to support the Relay within the City Jurisdiction. 6. City Services. Taking into account requisite criteria provided by LA28, the City shall: (i) develop a formal plan for each of the following services sufficient to accommodate an event of similar scope and magnitude; and (ii) implement such services according to such plans, as necessary to support the Relay and associated events (including, as applicable, Cauldron Lighting or Celebration events) within the City Jurisdiction: 6.1 Medical Services. The City shall provide emergency medical services to members of the public and Relay participants, considering spectators along the Route of the Relay, torchbearers, Relay staff, and attendees of the Cauldron Lighting/Celebration (to the extent applicable). 6.2 Sanitation and Waste Management Services. The City shall provide sanitation and waste management services for the Relay and any associated events within the City Jurisdiction. 6.3 Traffic Management. The City shall implement, as appropriate, road closures, traffic control system management, barricades, parking suspension, public transit changes, and towing, among any other necessary transit-related measures, to ensure the continuous, safe, and secure movement of the Relay convoy through the City Jurisdiction and the execution of any Relay associated events. 7. Public Safety and Security. The City, through both City and law enforcement agencies under its jurisdiction, shall: (1) assist LA28 in the development of the Relay route to account for local safety and security considerations; (2) cooperate with LA28 to implement Relay security standards and participate in any local, federal, state, or LA28 security working group(s) established for the purpose of setting Relay security standards and developing Relay plans; 17 4 CONFIDENTIAL (3) integrate with, cooperate with, and assist other non-City public safety agencies, (e.g., federal and state police, highway patrol, etc.) into local Relay security planning; (4) liaise with the LA28 Relay security function on any known or perceived security threats to the Relay and participate in Relay intelligence gathering and risk assessment activities; (5) provide resources to ensure an agreed upon level of safety and security for spectators, the Relay convoy, and all Relay personnel; (6) plan for and provide a law enforcement response capability in the event of any security incidents; (7) provide law enforcement and other personnel for crowd control along the Relay route within the City Jurisdiction and at any associated event sites; and (8) provide appropriate resources to facilitate the passage of the Relay convoy through the City Jurisdiction and implement measures to provide for the smooth movement of the Relay convoy on entry to and exit from the City Jurisdiction. 8. Ambush Marketing. City shall not enter into any sponsorship, marketing, merchandising or concessionaire, promotional or other commercial arrangements directly in connection with the Relay without prior written authorization of LA28 or the IOC. 8.1 Furthermore, City agrees to make reasonable efforts, as permitted by applicable law: (1) to cooperate with LA28 and the IOC to prevent Ambush Marketing, including promptly notifying LA28 of any actual or suspected Ambush Marketing activities (and to assist LA28 and the IOC to effectuate prompt take-down of Ambush Marketing activities); (2) to work to ensure that, to the extent permitted by law, the Relay route and the Relay event sites (including the Cauldron Lighting/Celebration site) are free of advertising or promotional material not otherwise approved by LA28 or the IOC (and to assist LA28 in selecting alternative routes/sites as appropriate to avoid proximity to such unsanctioned advertising/promotion in the event requested by LA28); (3) to ensure that all facilities and equipment (e.g., barriers, tents, chairs, umbrellas, portable restrooms, concessionaire tents or vans, clothing of featured speakers and entertainers, etc.) provided by or for the City and used along the Relay route or at Relay event sites (including the Cauldron Lighting/Celebration site), are free of all branding, advertising or other commercial messages; (4) to implement adequate resources to prevent/cure/remedy, to the extent permitted by law, any Ambush Marketing activities, including the distribution of non-authorized product samples, premiums, promotional literature and other commercial materials in and adjacent to the Relay route; and (5) to not issue permits for street vending from locations along the Relay route or at Relay event sites, except as agreed by LA28. 9. Relay Marketing and Promotion. 9.1 Marketing and Promotion. The City agrees to support the promotion of the Relay in order to ensure its success and its positive impact on the City, including by doing the following things, all with LA28’s prior approval and coordination: (1) plan and conduct Relay media events (e.g., milestone events and press conferences) and support LA28-coordinated Relay announcements; (2) plan and implement a marketing and promotion plan for the Relay, including local advertising and community-based promotion with community-based organizations; and (3) abide by applicable LA28 and IOC brand guidelines provided by LA28 and promptly comply with LA28 and/or IOC requests to remove, modify, correct, or otherwise amend any promotional or marketing materials issued by the City as needed. 9.2 Restricted Publicity and Marketing Rights. Except as expressly stated otherwise in this Agreement (in particular pursuant to Section 9.1 (Marketing and Promotion)) or in the CPG (in particular pursuant to the marketing and brand guidelines): 18 5 CONFIDENTIAL (1) the City shall not publicly disclose its relationship with LA28 and/or the IOC for promotional purposes or otherwise, to create an association, express or implied, with the International Olympic Committee, the Games or the Olympic Movement without the express prior written consent of LA28; and (2) the City undertakes not to use “LA28”, “Los Angeles 2028”, Relay IP, LA28 Marks, Games logo or mascot of the 2028 Olympic Summer Games or any other LA28 identification or trademark, Olympic and Paralympic Marks, or any Olympic Properties as a reference or means of promotion or publicity, without the express prior written consent of LA28 and/or the IOC and/or the IPC. 10. City Use of Relay IP. 10.1 License. LA28 hereby grants to the City a non-exclusive, non-transferable, royalty-free, limited license (the “License”) to use the Relay IP for non-commercial purposes subject to the terms and conditions described in this Agreement and the CPG. All rights, opportunities and approvals not expressly granted to the City by this Agreement and/or the CPG are reserved by LA28. The License will be in effect for a limited term commencing upon execution of this Agreement and terminating upon the conclusion of the Relay within the City Jurisdiction, unless LA28 (in its discretion) terminates or modifies the license term by notifying the City in writing (email to suffice). The City may use the Relay IP: (1) only while the License is in effect; (2) only within the United States of America; (3) only in connection with the Relay and any associated Relay activities within the City Jurisdiction (the “Use”); (4) only in accordance with LA28’s specifications, directions, and standards as stipulated by LA28 (including specifications, directions and standards specified in the CPG) to the City, as updated by LA28 in its sole discretion from time to time; (5) in such manner so as to ensure that no association whatsoever, other than as strictly contemplated by the Use, is created between the Relay IP, LA28, the Games, the 2028 Paralympic Games, Team USA, Olympic Properties and/or the Olympic and Paralympic Movement, on the one hand, and any other entity, commercial or otherwise, on the other hand, without express written approval in advance (and in each instance) from an authorized representative of LA28 and/or USOPP, the IOC and/or the IPC (as applicable). (6) in no way that utilizes the Relay IP or association to the Games with the intent to drive or derive revenue or fundraise; (7) in no way that promotes activities not directly related to the Relay; (8) only by the City’s principal administrative office (i.e., Mayor’s office or equivalent). The Relay IP shall not be inherited and/or used by other individual city departments/agencies, individual elected officials, or used on City materials (including, but not limited to, letterheads, emails signature blocks, business cards, professional/official titles, etc.), unless explicitly permitted by LA28; (9) in no way that associates the Relay IP or the Games with any political purpose or issue or in connection with elections; 11. LA28 Usage of City IP. The City grants LA28 and/or the IOC and IPC a non-exclusive, royalty-free, worldwide license (with the right to sublicense) to use the City’s name, logos, symbols, emblems, trademarks, service marks, and any images or likenesses of the City (collectively, “City IP”) in any media, whether now known or later developed, in connection with the Relay and any related or associated events, activities, promotions, communications, or materials. This license includes the right to reproduce, display, distribute, adapt, modify, and create derivative works from the City IP, and to combine the City IP 19 6 CONFIDENTIAL with other content produced or authorized by LA28, the IOC and/or the IPC. The City represents that it has all rights necessary to grant this license. 12. Marketing and Brand Restrictions. The exchange of any value for the use of LA28 Marks, the Relay IP, the Olympic and Paralympic Marks and/or Olympic Properties with any entity that is not a Marketing Partner is strictly prohibited. The City further acknowledges and agrees that the City cannot utilize in a commercial manner any of the following protected terms: LA28, LA 2028, Los Angeles 2028, Olympic, Olympiad, Paralympic, Paralympiad, Citius Altius, Fortius, Team USA, America Espirito Sport Fraternite. Any funding source (e.g., civic funds, non-profit civic oriented entities, chambers of commerce, private individuals, etc.) utilized by the City in support of its delivery obligations under this Agreement shall comply with all the terms and conditions of this Agreement, the CPG, and the LA28 and IOC brand guidelines. For exemplary purposes, a non-exhaustive list of LA28 Marks and Olympic and Paralympic Marks are attached hereto as Addendum D. 13. Other Events. The City hereby confirms and undertakes, to the maximum extent of its authority, that no major public or private event, conference, or other meeting which could have an impact on the successful planning, organizing, financing and staging of the Relay (and any associated events) or its public and media exposure, will take place within the City Jurisdiction on the day the Relay is present within the City Jurisdiction, without the prior written approval of LA28. 14. Cooperation and Consultation. The parties hereby acknowledge that the successful staging of the Relay (and Cauldron Lighting/Celebration to the extent applicable) within the City Jurisdiction shall require cooperation and consultation between them at all times and that each Party shall make every effort to keep the other fully informed as to the progress of its plans, any particular difficulties encountered by a Party, any changes in plans, and without restricting the foregoing, any information which might affect the obligations of the other Party. However, City agrees that because LA28 has the overall responsibility for staging the Relay, the Cauldron Lighting/Celebration and all other aspects of the Relay within the City Jurisdiction are subject to the review and approval of LA28. 15. Special Requests. The City acknowledges that LA28 may from time to time request the City to carry out obligations or provide services which go beyond, or deviate from, the City’s obligations and services set out herein. Such a request could result from a variety of circumstances, including circumstances which are unique to the City and which are not reflected in the Agreement (e.g., due to the exigencies of LA28’s obligations related to the Relay). The City will use commercially reasonable efforts to carry out any such special requests or provide the services that form the subject of the request(s). 16. Standard Terms and Conditions. The Parties agree that the standard terms and conditions set forth in Addendum B (“Standard Terms and Conditions”) are hereby incorporated into and made a part of this Agreement as if fully set forth herein. 17. Cauldron Lighting Terms and Conditions. The Parties agree that the terms and conditions set forth in Addendum A (“Cauldron Lighting Addendum”) are hereby incorporated into and made a part of this Agreement as if fully set forth herein. In the event of any conflict between the terms of this Agreement and Addendum A, the terms of Addendum A shall control unless expressly stated otherwise. [The remainder of this page has intentionally been left blank; signature pages and addendums follow] 20 7 CONFIDENTIAL IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date of signature of the Parties: CITY OF BOZEMAN MT By: ____________________________ Chuck Winn, City Manager City of Bozeman MT Date: ________________________ LOS ANGELES ORGANIZING COMMITTEE FOR THE OLYMPIC AND PARALYMPIC GAMES 2028 d/b/a LA28 By: ___________________________ John Harper Chief Operating Officer Date: _________________________ 21 ADDENDUM A CAULDRON LIGHTING ADDENDUM ADDENDUM B STANDARD TERMS AND CONDITIONS ADDENDUM C DEFINITIONS ADDENDUM D LA28, OLYMPIC AND PARALYMPIC MARKS ADDENDUM 22 A-1 CONFIDENTIAL ADDENDUM A CAULDRON LIGHTING ADDENDUM 1. Cauldron Lighting Site Support Services. 1.1 The Cauldron Lighting event shall be organized and operated by the City with the assistance of LA28. For the Cauldron Lighting, the City agrees, at its cost, to: (1) subject to LA28 approval, procure a suitable event site and ensure the site is clean; free of commercial, political, social, and/or religious messaging, advertising, and signage; and in good operating order for the Cauldron Lighting; (2) provide all necessary facilities and amenities necessary for the conduct of the event including stage, stage equipment, video screen, barricades, toilet facilities, lighting, security services, etc.; (3) provide, at LA28’s request, space at the Cauldron Lighting site for the conduct of LA28 activities; (4) ensure that all commercial and non-commercial activities proposed for the Cauldron Lighting site are approved by LA28; (5) plan and conduct a marketing and promotion campaign for the Cauldron Lighting subject to the terms and conditions of this Agreement, the CPG, and LA28 brand guidelines; (6) ensure that the general public are permitted to enter the Cauldron Lighting free of charge; (7) ensure there is no commercial messaging by speakers and entertainers other than those approved by LA28; (8) provide a level of security and other services as required commensurate with the size, scale, and scope of the event and expected attendance; and (9) identify an appropriate individual(s) to greet the flame on behalf of the City. 2. Marketing Partner Cooperation. 2.1 The City shall work with Marketing Partners in good faith to make space at the Cauldron Lighting site available for any Marketing Partner activities associated with the Relay, to the extent reasonably available in light of site, operational, and scheduling considerations. 3. Overnight Logistics. 3.1 The City shall support, at its cost, the overnight stay of the Relay convoy and Relay team by: (1) assisting LA28 in identifying appropriate overnight parking area(s) for the Relay vehicles. Where such area(s) is managed by the City, provide such space at no cost to LA28 and, if owned by third parties, assist LA28 in procuring the parking area; (2) where feasible, provide LA28 vehicles access to City-owned vehicle wash facilities and electric vehicle charging stations; and (3) provide a security presence (onsite law enforcement or regular patrols) as agreed between LA28 and City at Relay hotels, parking sites, or areas with protected assets. 23 B-1 CONFIDENTIAL ADDENDUM B STANDARD TERMS & CONDITIONS 1. Term and Termination. 1.1 Term. The term shall commence upon full execution of this Agreement and terminate upon the full performance by the Parties of all their respective obligations hereunder, subject to any early termination permitted hereunder. 1.2 Termination With or Without Cause. LA28 may, in its sole discretion, terminate this Agreement and/or the Relay through the City Jurisdiction at any time for any or no reason, without any liability to LA28. In the event of such termination, LA28 will use reasonable efforts to coordinate with City and will provide City with written notice of the termination as soon as practicable. 1.3 Termination for Force Majeure. In the event of a Force Majeure Event which renders the Relay impossible within the City Jurisdiction, even with reasonable efforts to overcome such Force Majeure Event, either Party may terminate this Agreement upon written notice to the other Party, without any liability to either Party under this Agreement. For purposes of this Agreement, a “Force Majeure Event” shall mean any event prohibiting or delaying a Party’s performance of its obligations under this Agreement (other than any obligation to pay or otherwise provide consideration) arising from or attributable to acts, events, omissions or accidents which are beyond the reasonable control of a Party, not occasioned by or based upon the fault or negligence of such Party, including flood, lightning, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic, pandemic, or other natural physical disaster, war, military operations, riot, crowd disorder, terrorist action, civil commotion (or reasonable threat of any of the foregoing), failure or shortage of power supplies, ransomware attack, interruption of data networks, strike, lock-outs or other industrial action (other than strikes, lock-outs or other industrial action involving only the employees of the affected Party) and any legislation, regulation, ruling or omissions (including failure to grant any necessary permissions) of any relevant government, court or any competent national or international authority. 2. Confidentiality. The City will: (i) keep all Confidential Information in strict confidence and will not, without LA28’s prior written consent, disclose any such Confidential Information to any person not expressly authorized by LA28 to review such Confidential Information other than for the performance of the City’s obligations under this Agreement; and (ii) if the City is subject to the provisions of the California Public Records Act (Cal. Gov. Code §§ 7920 et seq.), the Freedom of Information Act (5 U.S.C. § 552 et seq.), or any equivalent legislation of general application in the City Jurisdiction, the City shall promptly notify and consult with LA28 regarding any relevant request received prior to making any disclosure of Confidential Information. In the event that LA28 (at its sole cost) seeks a protective order from a court of competent jurisdiction to restrict disclosure of any Confidential Information, the City shall not oppose such effort. Nothing in this Section (Confidentiality) shall restrict the City in its capacity as a governmental authority, including in connection with any public hearings, meetings, testimony, or written or oral reports necessary for the approval or administration of this Agreement. This Section shall survive for a period of five (5) years from the date of Agreement. 3. Insurance. Subject to each Party’s right to self- insure, City agrees to provide LA28 with evidence of insurance as further described in this Section 3 from its insurance carrier(s) naming LA28 and LA28 Associated Parties (defined in Section 3.5 below) as additional insureds. All insurance required hereunder shall be written by reputable insurers accorded a rating by A.M. Best Company, Inc. of Excellent (A) or higher at the time of issuance of any policy pertaining to such insurance, subject to each Party’s right to self-insure, and shall be subject to the terms and conditions contained herein. 3.1 During the terms of this Agreement, City and LA28 each agree to maintain an occurrence-based policy of liability insurance as follows: a) Commercial General Liability Seven Hundred Fifty Thousand Dollars ($750,000) per claimant and One Million Five Hundred Thousand Dollars ($1,500,000) per occurrence, (including bodily injury, property damage, product liability, contractual liability and completed operations coverage). b) Automobile Liability Insurance as required by law. c) Workers’ Compensation as required by law or statute. d) Property coverage as applicable. e) Excess coverage may satisfy the required limits provided coverage is as broad as the primary coverage. 3.2 Proof of Insurance. The City must provide written proof of the insurance coverage specified above by no later than December 31, 2026, and thereafter upon the written request of LA28. 3.3 Notice of Cancellation. The City will ensure that all the insurance policies specified herein may not be cancelled without the insurer giving at least thirty (30) days’ prior written notice to LA28. 3.4 Notification of Claim. The City agrees to notify LA28 within seven (7) business days of any claim made under any insurance coverage specified herein which relates directly or indirectly to LA28 or the LA28 Associated Parties. LA28 agrees to notify the City within 24 B-2 CONFIDENTIAL seven (7) business days of receipt of any claim arising or alleged to arise out of the Relay or related Cauldron Lightings/Celebration within the City Jurisdiction. 3.5 All insurance required of the City hereunder shall: (a) provide that the coverage thereunder may not be canceled for reasons other than the nonpayment of premium unless thirty (30) days’ written notice thereof is furnished to LA28; (b) be primary and not contributory for coverages affording additional insured coverage as required herein with respect to the City’s obligations; (c) include Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 d/b/a LA28 and its subsidiaries and affiliates, United States Olympic and Paralympic Properties, LLC, United States Olympic and Paralympic Committee, International Olympic Committee, International Paralympic Committee, City of Los Angeles (where not explicitly precluded by law or any applicable City policy), State of California (where not explicitly precluded by law or any applicable City policy), and any other entities required by contract or law to be named as additional insured, in each case as provided in writing by LA28 to City in advance of the Relay (collectively “LA28 Associated Parties”) as additional insureds; and (d) contain a waiver of subrogation with respect to each of LA28 and its subsidiaries and affiliates, and the LA28 Associated Parties, where allowed by law. To the extent the City retains any contractor or service provider for production delivery (or similar) services, the City shall ensure that such contractor(s) maintain commercially reasonable insurance policies applicable to the work and/or services with limits in amounts commensurate with the scope and scale of the production delivery services, subject to the terms contained in this Section 3.5, and in all cases, as required by law and subject to LA28’s reasonable approval. Certificates of Insurance to LA28 shall be transmitted to [email]. Certificate Holder: LA28, c/o Finance/Risk, 1150 S. Olive Street, Los Angeles, CA 90015. 3.6 All insurance required of LA28 hereunder shall: (a) provide that the coverage thereunder may not be canceled for reasons other than the nonpayment of premium unless thirty (30) days’ written notice thereof is furnished to LA28; (b) be primary and not contributory for coverages affording additional insured coverage as required herein with respect to LA28 obligations; (c) include the City as additional insured, where permitted by law, and (d) contain a waiver of subrogation with respect to the City where permitted by law. Certificates of Insurance to the City shall be transmitted to: City to provide instructions for submission of certificate: Certificate Holder: 3.7 No Further Requirements. The Parties acknowledge and agree that the insurance requirements applicable to this Agreement are limited solely to those expressly set forth herein. Notwithstanding any provisions of law, regulation, or City policy to the contrary, no additional insurance requirements, coverages, or endorsements shall apply to LA28 unless expressly stated in this Agreement. The City expressly waives any other insurance requirements that it may generally impose or require of third parties, including, without limitation, those customarily required as a condition to the issuance of a permit, license, or other permission (without regard for local differences in terminology) by the City, to the extent such requirements are not expressly included in this Agreement. 4. Indemnification. Each Party agrees to defend, indemnify and hold the other (including the indemnified Party's officers, servants, and employees) harmless from all loss or liability for injury or damage, actual or alleged, to persons or property arising out of or resulting from the indemnifying Party's acts or omissions in the performance of this Agreement. City and LA28 agree that the indemnification obligations in this Agreement are a continuing obligation and shall survive termination of this Agreement. 5. Limited Liability. None of the Unrelated Parties shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with or arising out of this Agreement or any subsequent agreement between the parties relating to the subject matter hereof and that the sole and exclusive recourse or remedy by City for any cause of action under this Agreement shall be against the assets of LA28 only; without limiting the foregoing, LA28 shall not be deemed to be an agency, instrumentality, joint venture, or agent of any Unrelated Party. 6. Time of the Essence. Time is of the essence of this Agreement. The Parties acknowledge that the time set for conducting the Relay cannot be changed (except by LA28). The Parties agree to notify each other as soon as practicable if either becomes aware of any condition that will affect timing of the Relay. 7. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior understandings and agreements between the Parties with respect thereto. 8. Severability. If any provision of this Agreement is determined to be void or unenforceable, in whole or in part, it shall not be deemed to affect or impair the enforceability or validity of any other provision of this Agreement, and any such void or unenforceable 25 B-3 CONFIDENTIAL provision may be severed from this Agreement without affecting the remainder of the Agreement. 9. Conflicts of Interest. Each Party agrees to use its best efforts to ensure that its directors, officials, officers, employees, volunteers, contractors, advisors, and agents do not engage in any activity nor obtain any interest during the course of this Agreement that is likely to conflict or restrict the Party from performing its responsibilities in an ethical manner. To the extent a conflict of interest does arise, the respective Party shall reasonably alleviate such conflict. 10. Amendments and Waivers. No amendment to this Agreement will be valid or binding unless set forth in writing and duly executed by both Parties hereto, and any such amendment shall be subject to IOC Approval. 11. Subject to IOC Approval. This Agreement and amendments hereto are subject to IOC approval. Each Party agrees to use its reasonable commercial efforts to make any required amendments in a manner so as to obtain the IOC’s approval. 12. Notices. Any demand, notice, or other communication to be given in connection with this Agreement, must be in writing and given by personal delivery, registered mail or e-mail addressed: in the case of LA28, as follows: Name: __________________________________ Address: ___________________________________ Email Address: _______________________________ and in the case of the City, as follows: Name: __________________________________ Address: ___________________________________ Email Address: _______________________________ or to such other address, individual or e-mail as may be designated by notice given by either Party to the other. 13. Assignment. Except to the extent LA28 is required pursuant to a contractual obligation to assign any right or obligation to the IOC or IPC, the Parties may not assign their respective rights and/or obligations under this Agreement without the other Party’s prior written consent. 14. Authority of City. The City represents and warrants that: (a) it has and will continue to have all necessary power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution of this Agreement by it and the performance by it of its obligations hereunder have been duly authorized by all necessary action(s) and such authorization will continue to be in full force and effect through the term of this Agreement; (c) this Agreement has been duly executed and delivered by the City and is and will continue to be a valid and binding obligation of the City, enforceable against it in accordance with its terms, subject to bankruptcy and similar laws of general application relating to or affecting creditors’ rights and to general equity principles; and (d) the execution, delivery and performance of this Agreement will not violate or conflict with any obligation, regulation, statute, or law, or result in breach or violation of any other agreement or instrument to which City is bound. 15. Binding Effect. This Agreement shall be binding on City’s successors and permitted assigns and shall inure to the benefit of any successors and assigns of LA28. 26 C-1 CONFIDENTIAL ADDENDUM C DEFINITIONS 1. Definitions. In this Agreement, unless something in the subject matter or context is inconsistent therewith: 1.1 “Ambush Marketing” means any or all of the following: (1) any non-Games partner/sponsor company’s use of creative means or efforts to generate any false association with the 2028 Games, whether through the use of protected Olympic Properties or not; (2) any non-Games partner/sponsor company’s infringement of any Applicable Law, rule or regulation that protects the use of the Olympic Properties and other Olympic and Paralympic imagery and indicia; and (3) any other action, activity, support, and/or participation in activities that directly or indirectly interferes with, undermines, encroaches, compromises, curtails, infringes or ambushes, the legitimate marketing activities and rights of the 2028 Games sponsors and/or creates a commercial association with the 2028 Games without the authorization of LA28. 1.2 “Associated Parties” means IOC, IOC Affiliates, IPC, USOPC, USOPP, Sponsors, Official Providers, official LA28 licensees, Marketing Partners, ALEM International Management Inc., LA28, LA28 employees, contractors and employees and other LA28 designees. 1.3 “Cauldron Lighting” refers to a community event hosted by the City to celebrate the arrival of the Olympic Flame in the City staged at the end of the day. The event comprises of the arrival of the final torchbearer of the day, who will light a mini cauldron. 1.4 “Celebration” refers to a community festival-like event hosted by the City at the end of the day to celebrate arrival of the Olympic Flame in the City staged at the end of the day. A core component of the celebration is the arrival of the final torchbearer of the day, who will light a mini cauldron. 1.5 “City Jurisdiction” means the local government area under the jurisdiction of the organization constituted as the local governing authority for the City, including City, Municipality, Town, Village, District, County, or such other designation or title as may be applicable. 1.6 “Community Planning Guide” or “CPG” means the Torch Relay Community Planning Guide which will be provided by LA28 to City. 1.7 “Community Task Force” means the group established by the City to plan and coordinate all aspects of the City’s participation in the Relay. 1.8 “Confidential Information” means all information and data disclosed by LA28 to the City which is identified as confidential at the time of disclosure or is reasonably identifiable as confidential, including this Agreement and the CPG (including, for avoidance of doubt, any emblems and graphics within) but excluding information which: (i) was publicly known at the time of disclosure; (ii) became publicly available after disclosure to the City without breach of this Agreement; (iii) was lawfully received by the City on a non-confidential basis from a source other than LA28; (iv) was within the City’s possession prior to being furnished by LA28; or (v) is required to be disclosed by the City pursuant to judicial order or other compulsion of law (including public records or “Sunshine Act” laws), provided that the City will provide to LA28 prompt written notice of such order or requirement and complies with any protective order imposed on such disclosure. 1.9 “Games” means the 2028 Olympic Summer Games and the 2028 Paralympic Summer Games. 1.10 “IOC” means the International Olympic Committee. 1.11 “IOC Affiliates” means the Olympic Foundation for Culture and Heritage, IOC Television & Marketing Services SA, Olympic Channel Services SA, Olympic Channel Services S.L., Olympic Broadcasting Services SA, Olympic Broadcasting Services S.L. and their respective affiliates. 1.12 “IPC” means the International Paralympic Committee. 1.13 “LA28” means the Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028. 1.14 “LA28 Marks” means any present or future trademark, service mark, copyrighted work or other intellectual property, including any logo, sport pictograms and/or mascot of LA28, the USOPP, and the 27 C-2 CONFIDENTIAL USOPC, including, without limitation, all trademarks, service marks, copyrighted works and other intellectual property of LA28, the USOPP, and the USOPC. For exemplary/demonstrative purposes, a non- exhaustive list of LA28 Marks are attached hereto as Addendum D. 1.15 “Marketing Partners” means those companies and organizations that are recognized by LA28 as associated with the Relay (i.e., Relay Sponsors or Presenting Sponsors). LA28 will provide written notification of Marketing Partners. 1.16 “Relay IP” means the Olympic Torch Relay Emblem and the city designation, as provided by LA28. 1.17 “Official Providers” means those companies and organizations that are recognized by LA28 as helping to fund and operate the Relay and are designated by LA28 as Providers of the Relay. LA28 will provide written notification of Official Providers. 1.18 “Olympic Flame” means the flame ignited in Olympia, Greece and travels through certain cities throughout the world and finally to Los Angeles for the Opening Ceremony of the 2028 Olympic Games. 1.19 “Olympic and Paralympic Marks” means any Olympic- or Paralympic-related symbols, emblems, marks, designations or terminology, including (a) the words “Olympic” and “Olympiad” and “Paralympic”; (b) the symbol of the IOC, consisting of five interlocking rings, and/or (c) the symbol of the IPC, consisting of three Agitos. For exemplary/demonstrative purposes, a non-exhaustive list of Olympic and Paralympic Marks are attached hereto as Addendum D. 1.20 “Olympic Properties” (as defined by the Olympic Charter (as available on the following link: www.olympic.org/documents/olympic-charter) and as periodically updated), including without limitation the Olympic symbol, flame, torches, emblem(s) such as Olympic Games emblems, trademark(s), theme(s), logo(s), mascot(s) and/or other designation(s). 1.21 “Olympic Torch Relay Emblem” means the official emblem for the Relay, as created by LA28 in its sole discretion. 1.22 “Relay Sponsors” means those sponsors that are recognized by LA28 as helping to fund and operate the Relay. LA28 will provide written notification of Relay Sponsors. 1.23 “Relay” means the Los Angeles 2028 Olympic Torch Relay, which commences in Olympia, Greece and travels through certain cities throughout the world and finally to Los Angeles for the Opening Ceremony of the 2028 Olympic Games. 1.24 “TOP Partners” means the group of companies selected by IOC as worldwide Olympic sponsors (within the TOP V Programme as referred to in Article 45(e) of the Host City Contract between the IOC and LA28). TOP Partners are listed on LA28’s official website. 1.25 “Torch(es)” means the hand-held Olympic torch(es) used to transport the Olympic Flame in the Relay. 1.26 “Unrelated Parties” means the City of Los Angeles, the State of California, the IOC, IOC Affiliates, IPC, USOPC, USOPP, or any of their respective representatives. 1.27 “USOPC” means United States Olympic and Paralympic Committee. 1.28 “USOPP” means United States Olympic and Paralympic Properties. “Photo Moment” refers to the event hosted by the City to celebrate arrival of the Relay in the City. The Photo Moment shall consist of a brief stop of the Relay at a strategic location (with local cultural, historic, or community significance) on the Relay route within the City Jurisdiction. 28 D-1 CONFIDENTIAL ADDENDUM D LA28, OLYMPIC AND PARALYMPIC MARKS Below is a non-exhaustive list of LA28 Marks and Olympic and Paralympic Marks, included for demonstrative/reference purposes only. LA28 Marks and Olympic and Paralympic Marks include, but are not limited to, (1) the name, “United States Olympic and Paralympic Committee”; (2) any of the following words: “Olympic,” “Olympiad,” “Citius Altius Fortius,” “Paralympic,” “Paralympiad,” “Pan-American,” “Parapan American,” “America Espirito Sport Fraternite”, or any combination of those words; (3) “Los Angeles 2028”; (4) “LA28”; (5) “TEAM USA”; (6) “OLYMPIAN”; (7) “MILANO CORTINA 2026”; (8) “ROAD TO LA”; (9) “GO FOR THE GOLD”. LA28 Marks and Olympic and Paralympic Marks also include, but are not limited to, team logos, various images, emblems, mascots, and other logos (like historical or heritage logos), including, but not limited to the following: Olympic Rings Paralympic Agitos TEAM USA Logos TEAM USA Emblem Pan-American Sports Organization Symbol 29 D-2 CONFIDENTIAL Games Emblems Note: Framework for the LA28 emblem is the “L” and “28” with an “A” that varies in design Mascots and Historical Logos 30 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding and License Agreement with Gallatin County Emergency Management for the Sourdough Fuels Reduction Grant and Project Implementation MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding and License Agreement with Gallatin County Emergency Management for the Sourdough Fuels Reduction Grant and Project Implementation STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City owns timbered land in the Sourdough municipal watershed beyond the Sourdough canyon trailhead. These landholdings are within the designated Gallatin County Wildland Urban Interface (WUI). Gallatin County Emergency Management (GCEM) has secured federal grant funding through the Community Wildfire Defense Grant Program to reduce the risk of fire hazards within the WUI. Fuels reduction work on the City’s timbered property in Sourdough is an eligible grant activity. The attached Memorandum of Understanding sets forth the roles and responsibilities of the City and GCEM for the Sourdough fuels reduction grant project. The MOU was prepared by city and county legal staff. GCEM will administer the grant work and the City will provide cash payments to GCEM directly to satisfy grant match requirements. Both parties collaborated in the preparation of the fuels reduction treatment plan mentioned in the MOU. The treatment plan is provided with GCEM’s invitation for competitive sealed bids, which is attached to this memo for reference. The plan calls for reducing fuels on approximately 125 acres that are accessible by existing roads. Mechanical mastication is the primary treatment method. Bids were received on August 28, 2026 and are presently being reviewed by GCEM. The MOU requires GCEM to obtain written consent from the City prior to officially entering a contract with the selected fuels reduction contractor. This provision provides a stop gap measure, ensuring that: 1) the value of the contracted work fits within the City’s authorized budget; and 2) 31 indemnity and liability provisions sufficiently protective of the City’s interests are made part of the contract documents prior to execution by GCEM and the Contractor. UNRESOLVED ISSUES:GCEM must award and enter into a contract with a fuels reduction contractor to implement the treatment plan. The contract must contain indemnity and liability protections sufficient for the City prior to the City providing its written consent pursuant to the MOU. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The MOU establishes the City’s maximum match obligation at $120,000. The match amount provided must be at least 40% of cost of the work. GCEM’s fuels grant will provide up to 60% of the project funding to a maximum amount of $180,000. City funding is available in the FY27 adopted budget through Water Fund CIP project W172 in the amount of $120,000. Sufficient funding is in place to enter the MOU. Attachments: MOU for Fuels Reduction Grant_City and GCEM_Final.pdf GCEM Invitation for Competitive Sealed Bids.pdf Grant Routing Form_GCEM Grant.pdf Report compiled on: September 2, 2026 32 MEMORANDUM OF UNDERSTANDING And License Agreement This Memorandum of Understanding (MOU) between the City of Bozeman, Montana (City), a self-governing Charter city, Gallatin County Emergency Management (GCEM) a division of Gallatin County, collectively hereinafter referred to as the parties, is entered into for the purpose of outlining the duties and responsibilities of each entity with respect to a wildfire mitigation project on City owned land in the Bozeman Creek-Sourdough Watershed. WHEREAS, GCEM’s mission is protecting lives, property and the environment from natural and man-made disasters through mitigation, preparedness, response activities and, as an integral part of achieving this mission, GCEM started a wildfire mitigation program to assist landowners mitigate wildfire risks on private property in Gallatin County; and, WHEREAS, the City owns Section 35, T3S, R6E; Section 1 T4S, R6E; and Section 7, T4S, R7E a forested property hereinafter referred to as “the Property” in the Bozeman Creek and Sourdough drainage and intends to contract for services to do wildfire mitigation work on approximately 123 acres of the Property; and, WHEREAS, GCEM has resources available through their Hazardous Fuel Mitigation Grant Program (Fuels Grant) to offset costs and provide contracting and groundwork assistance to the wildfire mitigation efforts on the Property; and, WHEREAS, the Fuels Grant provides a maximum amount of $2,000/acre for fuels reduction treatments and requires a minimum 40% match by program participants; and WHEREAS, treatment costs in excess of $2,000/acre are ineligible under the Fuels Grant and must be covered entirely by program participants; and WHEREAS, the parties enter this agreement to memorialize funding, payment structure and administration of contracts entered into to complete the wildfire mitigation work on City property. NOW THEREFORE, the City and GCEM agree as follows: 33 1. GCEM agrees to: a. Work collaboratively with the City and its consultant forester to prepare a fuels reduction treatment plan for the described legal property. b. Bid the treatment plan through public procurement of a qualified Contractor and will administer the Contractor’s contract to closeout. c. Collaborate with City on the preparation of the public procurement solicitation and contract documents prior to the announcement of public bids. GCEM agrees it will not enter a contract with a selected the Contractor without first obtaining the written consent of the City. d. Pay for 60% of the total project cost to perform the fuel reduction work or 60% of the eligible costs- whichever is less. GCEM agrees to pay 60% of costs up to $2,000/treated acre. The maximum GCEM allocates for this project is $180,000.00. e. Pay the Contractor and will seek reimbursement from the City for the proportionate share of costs through periodic invoices issued to the City. f. Perform a final inspection of the project with the City prior to the closeout of the Contractor’s contract. g. Together with its Contractor, adhere to the State of Montana Streamside Management Zone (SMZ) laws and all Water Quality Best Management Practices, as well as all other applicable federal, state, and local laws, statutes, and ordinances. 2. The City agrees to: a. Together with its consultant forester, work collaboratively with GCEM to prepare a fuels reduction treatment plan for the described legal property. City and its consultant forester will collaborate with GCEM in the preparation of solicitation documents for public procurement of a qualified Contractor. City’s consultant forester may assist with quality control oversight of the Contractor’s work. b. City agrees to provide access to its property for GCEM and its Contractor. c. Allow GCEM, DNRC, FEMA and DES representatives to access the property to conduct inspections on the progress of the project. GCEM will provide at least 48-hour notice prior to inspections. d. Pay its proportionate share of project costs to GCEM within 30 days of invoice. City’s share of the project costs will be determined by the cost of 34 the work pursuant to the Contractor’s contract and will cover 40% of costs up to $2,000/treated acre and 100% of costs in excess of $2,000/treated acre. The maximum the City allocates for this project is $120,000.00. e. Maintain the prescribed treatment plan on the property for a period of 10 (ten) years from the date the initial treatment is completed. This may include the ongoing treatment of noxious weeds. 3. License. The City hereby grants a limited license to GCEM, its employees, agents, and designees, to enter upon the Property for the sole purpose of assisting with and inspecting the treatment specifications. The parties acknowledge and agree this Agreement grants a privilege and not an interest in real property or the title of the City to the property. 4. The parties further collectively agree that: a. Each party agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law under this Agreement. As governmental entities the parties agree to include indemnification in contracts to complete wildfire mitigation work. b. Neither GCEM nor the City shall be liable for damage to each other’s property resulting from operations on this Agreement unless such damage is caused by gross negligence or misconduct. c. The provisions of this Agreement are understood by the City and GCEM. Any changes to the Agreement must be approved by amendment and signed by all parties. d. The City acknowledges that the Hazardous Fuel Mitigation work to be completed on the Property does not “Fireproof” the Property and recognizes mitigating hazardous vegetation can significantly reduce the potential for severe fire during extreme wildfire conditions. Mitigation work is intended to reduce ignition zone factors, and keep ignitions slow to spread, enabling fire protection services to limit damage to the property and surrounding land. e. The City acknowledges and expects that some level of soil/site disturbance will occur to their property due to the mitigation operations. 35 f. The parties agree that the contact person for the City for the purposes of this Agreement is Brian Heaston and the contact person for the GCEM is Jay Pape, Preparedness & Mitigation Manager. City of Bozeman: Gallatin County: ______________________________ _________________________ Chuck Winn Date Jim Doar Date City Manager County Administrator 36 GALLATIN COUNTY INVITATION FOR COMPETITIVE SEALED BIDS Sourdough Creek Wildfire Mitigation INTRODUCTION TO ALL INTERESTED VENDORS: Gallatin County is inviting competitive sealed bids from Vendors to provide work, services and/or goods described in accordance with the specifications on Exhibit “A” attached and incorporated by reference. DELIVERY DEADLINE & INSTRUCTIONS DELIVERED NO LATER THAN _ 3 PM , MOUNTAIN TIME, " FRIDAY, AUG 28 , 20 26 ”, in a sealed box or envelope with company name shown clearly on the outside and addressed to: COMPETITIVE SEALED BID Sourdough Creek Wildfire Mitigation Gallatin County Clerk and Recorder 311 West Main St, Room 203 Bozeman, MT 59715 BIDS THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND MAY BE REJECTED. CONTACT INFORMATION Requests for additional information or clarification, contact: Jay Pape, jay@readygallatin.com, 406-548-0118 AMENDMENTS TO REQUEST FOR BID Any questions related to this Request for Competitive Sealed Bids “CSB” must be emailed to the contact listed above prior to ( AUGUST 15, 2026 ). Responses to these questions will be issued via addendums to Gallatin County’s website “https://gallatincomt.virtualtownhall.net/ operations-procurement/pages/requests-bids-proposals”. BID OPENING Sealed bids will be opened at Gallatin County Clerk & Recorder, 311 W. Main Street, Room 203, Bozeman, MT 59715 at 3:30p.m. , on FRIDAY , August 28 20 26_, or upon reasonable notice to the Vendors. ~ PAGE 1 OF 6 ~ 37 S35, T03 S, R06 E S01, T04 S, R06 E S07, T04 S, R07 E Exhibit ‘A’ STATEMENT OF WORK Overview Gallatin County is funding a fuels mitigation project on 123 acres of City of Bozeman property in the Bozeman Creek/Sourdough Canyon vicinity. Project will consist of 100% mastication of brush, regen and small diameter trees. No merchantable timber will be harvested. The Project area is described from NW to SE as seen on the map below. 38 Sourdough Creek Properties, Fuels Mitigation Plan Access Map The entire project area is subject to high public use. Temporary road closures and public safety precautions will need to be in place during ingress/egress and when moving between sections for the duration of the project. Please provide separate mobilization charges for each Access Option. Sections 1 & 7 have a public hiking/biking trail within each treatment unit. Trail closures must be coordinated prior to work beginning. Each option is 9-10 miles from a paved road. Access Option 1- Blue Line Sourdough Canyon Rd leaves from the heavily used Bozeman Creek trailhead (45.59118, -111.02757) and continues directly into each section ending at Section 1 on the S Fork Bozeman Creek Rd in approximately 10 miles. This is a non-motorized road, but an easement is in place for equipment access. Use permits will be distributed prior to work beginning. Road must be rehabilitated to original or better conditions upon completion. To allow for public notice, the Gallatin County contact must be notified 2 weeks prior to anticipated ingress. Access Option 2- Yellow/Blue Line Moser Creek Rd (45.53743, -111.01651) leaves from Hyalite Canyon Rd and continues to a locked gate and continues directly into each section ending at Section 1 on the S Fork Bozeman Creek Rd in approximately 10 miles. Beyond the locked gate motorized use is prohibited. Use permits will be distributed prior to work beginning. From the gate to near Section 35 the road has minimal public use. Use increases where it merges with the Sourdough Canyon Rd (Blue). Road must be rehabilitated to original or better conditions upon completion. To allow for public notice, the Gallatin County contact must be notified 2 weeks prior to expected ingress. Additional Information • A pre-did meeting/site visit will be scheduled for the week of August 10. Exact date is TBD. • GEO- located pdf’s will be sent to contactor upon request. • NOTE- Total acreage may be reduced based on available funding. 39 Sourdough Creek Properties, Fuels Mitigation Plan S35, T03 S, R06 E 47 Acres Section 35 (2 units) Unit 1 of 2, 30 Acres • In lodgepole dominant stands, create a random mosaic of clumps 50-75’ diameter with 100’ clearings between clumps, remove as much sub-alpine fir and understory as possible. • In mixed species stands remove trees less than 7-8” and understory. • When encountering overgrown interior roads, perform 100% clearing to maximum reach of excavator for the entire length of the road prism. • Masticate crown clusters that remain on any dead/down trees. • Possible camp location: 45.53866, -110.94783 Unit 2 of 2,17 Acres • In lodgepole dominant stands, create random mosaic of clumps 50-75’ diameter with 100’ clearings between clumps, remove as much sub-alpine fir and understory as possible. • In mixed species stands remove trees less than 7-8” and understory. • When encountering overgrown older interior roads, perform 100% clearing to maximum reach of excavator for the entire length of the road prism. • Masticate crown clusters that remain on any dead/down trees. • Possible equipment access to this unit: 45.53815, -110.94234 & 45.53747, -110.94007 40 Sourdough Creek Properties, Fuels Mitigation Plan S01, T04 S, R06 E 23 Acres Section 1, 2 units & 2 Firebreaks Section 1, 2 units & 2 Firebreaks- Public trail closures must be coordinated prior to work beginning in these units. Unit 1, 6 Acres • Leave a random mosaic of 30-45’ diameter clumps, separated by 75’ of clearing between clumps to achieve approximately 50% total removal, generally favoring DF over LP. • Masticate crown clusters that remain on any dead/down trees. • When encountering overgrown interior roads, perform 100% clearing to maximum reach of excavator for the entire length of the road prism. • The public trail known as “Shootout Park” flows through this unit. After mastication, a single tread must be raked clear of debris and the trail left as found prior to project work. • Refer to GEO-located maps for unit boundaries. Additionally, section lines are marked with RED flagging. Unit boundary is marked with BLUE flagging. Unit 2, 13 Acres • Retain all trees greater than 10” in a random mosaic of 30-45’ diameter clumps separated by 75’ of clearing between clumps to achieve approximately 50% total removal, generally favoring DF fir over LP. • Masticate crown clusters that remain on any dead/down trees. • When encountering overgrown interior roads, perform 100% clearing to maximum reach of excavator for the entire length of the road prism. • The public trail known as “Shootout Park” flows through this unit. After mastication, a single tread must be raked clear of debris and returned to its original condition. • Refer to GEO-located maps for unit boundaries. Additionally, section lines are marked with RED flagging. Unit boundary is marked with BLUE flagging. (continued) 41 Sourdough Creek Properties, Fuels Mitigation Plan Firebreak 1, Approx 1 mile (3 Acres) of road treatment • Beginning where the South Fork of Bozeman Creek leaves USFS property. This unit contains a portion of the public “Shootout Park” hiking/bike trail. The entire trail tread within this road treatment area must be cleared of debris and passible by mountain bike upon completion of work. • From the creek side of the road, masticate all trees <8” minus DBH to a maximum of 30’ from the road creating 15-20’ of variable spacing and species diversity. Exclusion zones are marked where the creek is near the road. • From the opposite side of the road masticate all trees <8” minus DBH what is reachable up to the area with 36” culverts stored on the road. • Beyond the stored culverts clear the “cut side” 10’ off the road. On the “fill side” of the road, clear vegetation within reach of equipment. • Refer to GEO-located maps for unit boundaries. Additionally, section lines are marked with RED flagging. Unit boundary is marked with BLUE flagging. • Possible camping location: 45.5043, -110.91709 Firebreak 2, .8 Acres of road treatment • Clear the “cut side” 10’ off the road. On the “fill side” of the road, clear vegetation within reach of equipment. • No mountain bike trail follows this road, but it must remain passable by 1-ton pickup truck after work is completed. 42 Sourdough Creek Properties, Fuels Mitigation Plan S07, T04 S, R07 E 54 Acres Section 7 Unit 1, 54 Acres- Public trail closures must be coordinated prior to work beginning in this unit. • Leave a random mosaic 50-75’ diameter clumps of diverse species, separated by 75-100’ of clearing between clumps to achieve approximately 50% total removal, generally favoring DF fir over LP. • Retain trees of any species over 8” DBH. • Masticate crown clusters that remain on any dead/down trees. • This unit contains a portion of the public “Shootout Park” mountain bike trail. The entire trail tread within this road treatment area must be cleared of debris and passible by mountain bike upon completion of work. • When encountering old, interior roads, in this unit, perform 100% clearing to maximum reach for the entire length of the road prism to establish fuel breaks. • Refer to GEO-located maps for unit boundaries. Additionally, section lines are marked with RED flagging. Unit boundary is marked with BLUE flagging. 43 BID FORM & CONTENTS Deliver one (1) signed original, plus one (1) copy prepared as follows: Document Minimum Information 1. Cover Letter: Profile, name, address, location, phone number, email address, contact persons, experience & expertise. 2. Binding Offer (signed): Signing this bid document is a legally binding offer and that the person signing the bid has the authority to bind the company. 3. License: Copy of License, Business Certificate. 4. Insurance: Copy of certificate of insurance. 5. References: 3-references min. w/ contact info, photos, drawings, or description of similar projects completed. 6. Warranty: Provide warranty terms & conditions. 7. Bid Bond: If required, supply an original bid bond equal to 10% of total contract price. 8. Exhibit B: Complete and attach as page 2 of your submittal. SELECTION PROCESS Gallatin County has adopted the Montana State Procurement Act, Title 18, chapter 4, that shall control this request for “competitive sealed bidding” made pursuant to § 18-4-303, MCA. 1. Evaluation. The Chief Operations Officer will evaluate all conforming bids for the most “responsible and responsive bidder whose bid meets the requirements and criteria set for in the invitation for bids including the [residence] preferences established by Title 18, chapter 1, part 1”, § 18-4-303(8), MCA. 2. Rejection. Gallatin County expressly reserves the right, in its sole judgment, to accept or reject any or all bids, with or without cause, and to waive any defects and to allow modifications and supplementation of bids that are submitted within the deadline. 3. Review. The conforming bids will be reviewed as follows: Criteria Percent Total Cost 100% Advertise: Pre-bid meeting: Bid question deadline: Bids due: Bid Opening: Procurement Timeline 8/1/2026 & 8/8/2026 Week of August 10th 8/15/2026 3:00PM 8/28/2026 3:30 PM 8/28/2026 ~ PAGE 2 OF 6 ~ 44 BINDING OFFER VENDOR'S BID CONSTITUTES A VALID LEGAL OFFER FOR 180 DAYS. VENDOR'S BID SHALL NOT BE WITHDRAWN WITHOUT THE CONSENT OF GALLATIN COUNTY. Negligence, errors, mistakes or omissions in preparing the bid, information, documentation, costs, or calculations shall confer no right of withdrawal after the submission deadline. Vendor bears all costs of preparing the bid and any subsequent presentation or participation in the selection process. MISTAKES ERRORS & OMISSIONS Vendor shall disclose errors in costs, calculations or information “mistakes” in the bid submitted as well as in any related contracts, agreements, estimates, change orders or other documents. In the event that County accepts any bid, related contracts, agreements, estimates, change order or other documents containing mistakes the vendor shall be obligated to correct mistakes that are adverse to the County and shall have no right to enforce such mistakes against the County, except mistakes that work in favor of the County shall be binding on the vendor. CONTRACT FORM Vendor agrees to accept & execute the attached county work & services agreement that will be issued subject to minor, non-substantive modifications or changes only. Gallatin County reserves the right to require the vendor to execute such further documents, contracts, agreements or forms as may be reasonably necessary to express the intentions of the parties, or which may be recommended by the County Attorney’s office. COUNTY RESERVATION OF RIGHTS SUBMISSION OF A BID CONFERS NO RIGHTS UPON ANY VENDOR AND SHALL NOT OBLIGATE GALLATIN COUNTY IN ANY MANNER WHATSOEVER. GALLATIN COUNTY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL BIDS AT A LATER DATE. This Request for Competitive Sealed Bids may be canceled or any or all bids may be rejected in whole or in part, as specified herein, when it is in the best interests of Gallatin County, and such reasons will be stated in the contract file, § 18-4-307, MCA. NOTICE OF AWARD In the event an award is granted, then the contract file shall contain the basis of the award that shall be to the responsible and responsive Vendor whose bid best meets the evaluation criteria and the resident bidder preference of § 18-1-102, MCA. Gallatin County shall provide written notice to the vendor that is selected based on this RFB. If no vendor is selected, then a notice of no award shall issue. Gallatin County shall not be bound unless and until the County Commissioners accept the Bid by Resolution after a duly ~ PAGE 3 OF 6 ~ 45 noticed public hearing, and the same has been executed, recorded by the Clerk & Recorder of Gallatin County, and returned to the vendor. REMEDIES & REMOVAL Vendors are advised that the Montana State Procurement Act provides exclusive remedies for Vendors, bidders, contractors or aggrieved parties, § 18-4-242, MCA. Transfer and assignment of contracts without authority and collusion or secret agreements between vendors for the purpose of securing any advantage is strictly prohibited, and any person who violates such provisions may be held criminally liable for misdemeanor with civil penalties from $500 to $5,000, § 18-4-141, MCA. In addition to these remedies [and other recourse provided in this invitation and at law or equity] Vendors may be suspended or removed as provided in § 18-4-241, MCA. ~ PAGE 4 OF 6 ~ 46 Exhibit ‘B’ Complete and include as page two (2) of your submittal Acknowledge Addendums 1. 2. 3. 4. Bid Bond Attached to Exhibit ‘B’ (yes) Total contract price: $ (if supplemental pricing detail is required, attach to the back of Exhibit ‘B’ Agree to comply with contract insurance request (yes/no) Bond requirements: Bid Bond (yes/no) Performance Bond (yes/no) Payment Bond (yes/no) Acknowledge terms and conditions of contract (yes/no) AGREEMENT TO TERMS & CONDITIONS THE UNDERSIGNED IS DULY AUTHORIZED TO BIND THE COMPANY NAMED BELOW AND HEREBY AGREES TO ALL THE TERMS AND CONDITIONS IN THE FOREGOING REQUEST FOR PROPOSALS Company Name Signature Date ~ PAGE 6 OF 6 ~ 47 Grant Instructions and Grant Routing Form To ensure appropriate use, consistency and tracking of grants use this set of general instructions and Grant Routing Form are provided. All grants regardless of amount are required to be approved by The City of Bozeman Commission prior to receiving the grant award. Step One: Giving Notice of Intent to Apply Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit the form via DocuSign* to the appropriate supervisor (typically department Director) and the Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank until the grant is awarded. Per Administrative Order 2014-01 the City Manager and City Commission are required to be notified within 30 days of all grant applications exceeding $20,000. Step Two: Obtain Grant Tracking Number for Awarded Grants Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant tracking number. The official grant acceptance is contingent on City Commission approval. Step Three: Re-Route for Final Signatures Insert the grant tracking number on the Grant Routing Form and reroute the form via *DocuSign for signatures. Step Four: Commission Approval Work with Division Director, City Manager, and the City Clerk to get the awarded grant prepared for City Commission approval. If you need assistance in reviewing the grant terms, contact the City Attorney’s Office to request a review of the grant terms before placing the item on the Consent agenda. All agreements require City Commission authorization regardless of dollar amount. Agreements will be retained by the City Clerks’ Office. *Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will allow the same tracking form to move through the steps of the process and the signature matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope. Grant Not Awarded: If your application is NOT awarded, the application materials must be retained by the applying department in accordance with Records Retention Schedule 8. 48 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: 49 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Subscription Agreement with VertiGIS for Geographic Information System (GIS) Software Support Services MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Subscription Agreement with VertiGIS for GIS Software Support Services STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City of Bozeman has been utilizing VertiGIS (formerly Geocortex) technology to regularly make available GIS information through internet mapping applications which supports city employee’s workflows and public access to current information since 2013. These mapping applications support regulatory, land management, planning, and engineering projects. This vendor contract will allow VertiGIS to support the GIS Division during major updates to the City’s GIS VertiGIS mapping software, VertiGIS server architecture, and applications over the next year. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The total contract cost is $29,106 over a three year period. $9,702 is currently allocated within the FY27 GIS Division budget. Subsequent fiscal year allocations are dependent upon future budget approval. Attachments: VertiGIS Consulting Services_FY27-29.pdf Report compiled on: August 25, 2026 50 Contact: Colin Mascall Email: colin.mascall@vertigis.com Tel: +1 250-381-8130 From: VertiGIS North America Ltd. 300 - 1117 Wharf Street Victoria, BC V8W 1T7 Canada City of Bozeman Subscription Services Reference ID:OP-VGNA-00003048 |September 8, 2026 51 Legal Privacy & Confidentiality The contents of this document are confidential and proprietary. Disclosure, distribution or sharing of this information with persons or entities, for which it is not intended, in any form or for any other purpose than the evaluation of this proposal, is prohibited without the express, written consent of VertiGIS North America Ltd. In situations where information is required to be shared publicly to comply with policies regarding transparency of information, all statements must be signed off on by both VertiGIS and City of Bozeman prior to being published. Trademarks Geocortex,VertiGIS Studio, and VertiGIS are registered trademarks of VertiGIS North America Ltd. in the United States and Canada. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri. Acceptance of Terms & Conditions City of Bozeman acknowledges that it has reviewed the process, terms, conditions, and reserved rights contained in this proposal and has voluntarily chosen to participate in this proposal subject to those procedures, terms, conditions, and reserved rights. This proposal is valid for 30 calendar days from the date of delivery. All services and deliverables are subject to the terms and conditions of this proposal and shall supersede any conflicting terms in the client's purchase order. All VertiGIS Studio software included in this proposal are subject to the Licensing Terms of Use at www.vertigisstudio.com/legal. Software subscriptions begin on the date of purchase. © 2026 VertiGIS North America Ltd.All Rights Reserved. 2 52 Document Control Sheet Version History Version Date Changed by:Nature of Amendment 1.0 August 7, 2026 Joshua Zapf 1st Draft 1.1 September 8, 2026 Joshua Zapf Edit to Subscription Services Agreement to reference 2026 Approvals Name: Position: Signature: Date: Name: Position: Signature: Date: 3 53 Subscription Services Advisory services are vital to ensure success after environments and applications go live, keeping solutions up-to-date and operating at peak-performance. Regular consultations between VertiGIS and project stakeholders will help guide the project roadmap, and provide an opportunity to collect feedback for product enhancements. As part of Subscription Services, you will be assigned a dedicated Software Developer and a Project Manager from VertiGIS' Professional Services Team. Deliverables Meetings are to be provided remotely, during VertiGIS standard business hours: Monday to Friday, 9:00AMto 5:00PM Pacific Standard Time, excluding statutory holidays. Services: During the term of the engagement, VertiGIS will provide the following services: Engagement Tasks Goal Dedicated Client Meetings Two, 1-hour meetings once per month VertiGIS Application Configuration Review Assessment of VertiGIS application configurations to identify optimization opportunities and ensure alignment with business requirements and best practices. Data & Layer Change Impact Assessment Analysis of proposed changes to GIS data, layers, and related services to identify potential impacts on VertiGIS applications, workflows, integrations, and user experience. Workflow, Report, & Print Template Review & Optimization Recommendations Working with the City's team, VertiGIS can consult to capture user feedback, plan for future enhancements, and realize the City's goals. VertiGIS Upgrade Impact Assessment Evaluation of VertiGIS software upgrades in respect to upcoming changes and known bugs to determine potential impacts on existing applications and integrations. VertiGIS Change Impact Advisory Advisory services to assess potential effects of application, data, or process changes on the VertiGIS ecosystem, and provide recommendations to minimize disruption. VertiGIS Solution & Architecture Advisory Guidance on VertiGIS solution design, system architecture, and implementation approaches to support scalability, performance, and alignment with the City's objectives. VertiGIS Workflow & Software-based Development Guidance on design and implementation of future workflows and solutions that enhance operational performance and solve business problems outlined by the City. 4 54 Cost Page Subscription Services Description Annual Cost (USD) Total Cost (USD) Subscription Services, 3-year Agreement $10,780 $32,340 10% Discount (Subscription Services)-$1,078 - $3,234 Grand Total $9,702 $29,106 Expiry:Subscription Services expire on an annual basis. 5 55 Appendix A – Subscription ServicesAgreement Remainder of this page intentionally left blank. Subscription Services Agreement begins on next page. 6 56 01/2023 Page 1 of 4 VertiGIS North America Ltd., 300–1117 Wharf Street, Victoria, BC Canada V8W 1T7 Tel: (250) 381-8130 Fax: (250) 381-8132 SUBSCRIPTION SERVICES AGREEMENT 08/2026 VertiGIS NA Contract Number __________ This Subscription Services Agreement ("Agreement") is between VertiGIS North America Ltd. ("VERTIGIS NA"), a British Columbia corporation, at 1117 Wharf Street, Victoria, BC V8W 1T7 and the Customer listed below ("Customer") on the 15th day of September 2026 (“Effective Date”), each a party (“Party”) and collectively the parties (“Parties”). Products, Software, Data, Online Services, and Documentation, as these terms are defined in the Master License Agreement ("MLA" or "License Agreement"), shall continue to be licensed under Master License Agreement ("MLA" or "License Agreement") between Customer and VERTIGIS NA. This Agreement consists of this signature page and the attached terms and conditions. This Agreement constitutes the sole and entire agreement of the Parties and supersedes any previous agreements, understandings, and arrangements between the Parties relating to this Agreement. Any additional or different terms contained on Customer's purchase order are objected to and shall not apply even if accepted or acknowledged by VERTIGIS NA unless specifically included in a modification to this Agreement. Any modifications or amendments to this Agreement must be in writing and signed by an authorized representative of each Party. The Parties acknowledge that they have read and understand this Agreement, have the authority to bind their respective organizations, and agree to be bound by its terms and conditions. VERTIGIS NORTH AMERICA LTD. (Customer) (VERTIGIS NA) By: By: Authorized Signature Authorized Signature Printed Name: Printed Name: Title: Title: Date: Date: 7 57 Page 2 of 4 ARTICLE 1. DEFINITIONS Capitalized terms that have not been defined in this Agreement shall have the meaning found in the applicable License Agreement. “Confidential Information” means any information, including software or hardware configuration and software design and customization, identified or reasonably identifiable as confidential and proprietary information concerning either Party’s business interests, that is not generally available to third parties including but not limited to production processes, business plans and other materials or information relating to the business of such Party. “Service Order” means a quote or proposal for Subscription Services. “Subscription Services” means any recurring services for which applicable fixed, non-cancelable subscription services fees have been paid for a specified time period (“Term”) on a subscription basis. "Term" means the term specified in Article 7 of this Agreement. ARTICLE 2. GENERAL ENTERPRISE SERVICES PACKAGE The scope will be set out in the Service Order and may be subject to additional terms and conditions. Any additional terms and conditions will be set out in the Service Order and agreed upon by the Parties. ARTICLE 3. WARRANTIES AND DISCLAIMERS 3.1 Warranties and Disclaimers i.VERTIGIS NA shall provide the Subscription Services in a professional manner standard to the softwareindustry. ii.VERTIGIS NA warrants that the Subscription Services will substantially conform to the specifications set forth inthe applicable Service Order for a period of thirty (30) days from the date of final acceptance (“Warranty Period”). iii.During the Warranty Period, Customer shall promptly give VERTIGIS NA notice of any warranty claim in writing.Upon such notice, VERTIGIS NA shall promptly take all commercially reasonable actions in order to bring thenon-conforming condition back into conformance with the specifications set forth in the applicable Service Order.The foregoing warranty shall not apply, and VERTIGIS NA shall have no liability in respect of, any non-conformity resulting from: (i) installation, integration, modification or enhancement of the Subscription Serviceswhich have not been carried out by VERTIGIS NA; (ii) failure to use the Services in accordance with thedocumentation or other reasonable instructions provided by VERTIGIS NA; (iii) any use or combination of theServices with any software, equipment or services not supplied or approved by VERTIGIS NA; (iv) user error, orother use of the Services in a manner or in an operating environment for which it was not intended, or other thanas agreed in the Service Order; or (v) failure to install an update or fix which has been made available byVERTIGIS NA to remedy a known error or bug. 3.2 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, VERTIGIS NA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. VERTIGIS NA DOES NOT WARRANT AND DISCLAIMS THAT THE SUBSCRIPTION SERVICES, PROVIDED HEREUNDER WILL MEET CUSTOMER'S NEEDS; THAT CUSTOMER'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR-FREE, FAULT-TOLERANT, OR FAIL-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. THE SUBSCRIPTION SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE AT CUSTOMER'S OWN RISK AND COST. ARTICLE 4. LIMITATION OF LIABILITY 4.1 Disclaimer of Certain Types of Liability. VERTIGIS NA IS NOT LIABLE TO CUSTOMER FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SUBSCRIPTION SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SUBSCRIPTION SERVICES, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, 8 58 Page 3 of 4 WHETHER OR NOT VERTIGIS NA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 4.2 General Limitation of Liability. VERTIGIS NA'S TOTAL CUMULATIVE LIABILITY HEREUNDER FOR DIRECT DAMAGES SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER IN THE APPLICABLE SERVICE ORFER DIRECTLY GIVING RISE TO A CLAIM. 4.3 Applicability of Disclaimers and Limitations. The Parties agree that VERTIGIS NA has set its prices and entered into this Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the Parties, and that the same form an essential basis of the bargain between the Parties. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 5. OWNERSHIP OF INTELLECTUAL PROPERTY 5.1 VERTIGIS NA and its licensors own and retain all right, title, and interest in the Subscription Services, unless otherwise specified in the Service Order. 5.2 VERTIGIS NA hereby grants to Customer a nonexclusive, royalty-free license to use the Subscription Services, unless otherwise specified in the Service Order. ARTICLE 6. COMPENSATION 5.1 Upon execution of this Agreement, VERTIGIS NA shall invoice Customer as set out in the Service Order. Customer shall pay VERTIGIS NA within thirty (30) calendar days of receipt of the VertiGIS NA invoice. ARTICLE 7—TERM AND TERMINATION 7.1 The Term of this Agreement is for a three (3) year fixed term from the Effective Date billed annually. The Term is non-cancelable, except as provided for in Articles 7.2 and 7.4. 7.2 Customer may terminate this Agreement for VERTIGIS NA's breach of a material term upon thirty (30) days' notice to VERTIGIS NA and reasonable opportunity to cure. 7.3 VERTIGIS NA may terminate this Agreement for Customer's breach of a material term upon thirty (30) days' notice to Customer and reasonable opportunity to cure or terminate this Agreement in the event of termination Customer’s License Agreement or expiration of Customer’s License subscription or maintenance. 7.4 Termination for Non-Appropriation of Budget Funds. A public sector Customer may terminate this Agreement or any Service Order under this Agreement if Customer is unable to appropriate budget funds. Customer must provide written notice to that effect to VertiGIS signed by an authorized representative of Customer. ARTICLE 8. CONFIDENTIALITY 8.1 The Parties and their employees, officer, and directors will maintain the confidentiality of all Confidential Information provided by the Parties or acquired by the Parties under this Agreement, and shall not use it except for the performance of the Subscription Services and agree not to disclose same to anyone, except upon the prior express written consent of the affected Party or an order entered by a court of competent jurisdiction. 8.2 Confidential Information shall not include any information which is publicly available at the time of disclosure or subsequently becomes publicly available through no fault of the recipient Party or is rightfully acquired by the recipient Party from a third party without obligations of confidentiality. 8.3 Each Party will promptly give the other Party written notice of any judicial proceeding seeking disclosure of any Confidential Information. ARTICLE 9. EXPORT CONTROLS Customer must comply with all applicable laws and regulations, including but not limited to export control laws. Licensee expressly acknowledges and agrees not to export, report, transfer, or release the Services, in whole or in part, to (i) any US or Canadian embargoed country (including a resident of any US or Canadian embargoed country); (ii) any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals; (iii) any person or entity of the U.S. Commerce 9 59 Page 4 of 4 Departments’ Lists of Parties of Concern; or (iv) any person or entity where such export, reexport, or provision violates any U.S. or Canadian export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any subsequent amendments thereof. ARTICLE 9. GENERAL PROVISIONS 9.1 Independent Contractor. The Services will be furnished by VERTIGIS NA as an independent contractor and not as an agent or employee of Customer. VERTIGIS NA specifically has the right to direct and control VERTIGIS NA’s own activities in providing the agreed Services in accordance with the specifications set out in the Service Order. Nothing in this Agreement shall be construed as granting one Party the authority to bind the other except as provided herein. 9.2 Nonsolicitation. Customer shall not solicit for hire any VERTIGIS NA employee who is associated with efforts called for under this Agreement during the Term of this Agreement and for a period of one (1) year thereafter. In the event the foregoing provision is breached, Customer shall pay VERTIGIS NA liquidated damages for recruiting and training costs equal to twelve (12) months of the employee's compensation plus any legal expenses associated with the enforcement of this provision. 9.3 Force Majeure. If the performance of this Agreement, or any obligation except the making of payments, is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; epidemic; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber-attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or any act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, restriction, or interference. 9.4 No Implied Waivers. The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such Party thereafter to enforce that or any other provision. 9.5 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the Parties agree the remaining provisions of this Agreement shall remain in full force if both the economic and legal substance of the transactions contemplated by this Agreement are not affected in any manner that is materially adverse to either Party by severing the provision determined to be invalid, illegal, or unenforceable. 9.6 Assignment and Delegation. Either Party may assign its rights and obligations, in whole or in part, under this Agreement with the prior written consent of the other Party, except VERTIGIS NA may assign this Agreement to a legal successor in the case of a merger, acquisition or other solvent organization, upon notice to, but without prior written consent of Customer. 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada without reference to its conflict of laws principles. 10 60 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with Strategies 360 for Tenants Right to Counsel Communications Services MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the PSA STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND: In Bozeman, over half the residents of our community are tenants. Nationally and locally, tenants are far less likely to have legal representation in proceedings related to their housing in comparison to landlords. In an effort to assist tenants in negotiating resolutions with landlords and avoid formal eviction proceedings, the Bozeman City Commission, as part of its Strategic Plan to foster a safe and welcoming community, adopted Ordinance 2025-11 (creating a Tenant’s Right to Civil Counsel and Landlord/Tenant Mediation Program), and Resolution 2025-77 (establishing Commission Goals for a Tenant’s Right to Counsel Program and Landlord/Tenant Mediation Program). These two documents establish the Tenant's Right to Counsel Program. The program operates like a three-legged stool, with the pillars being mediation, right to counsel, and education. The city has brought on firms for mediation and counsel services and has now selected a firm to help with the education effort. The education effort will involve increasing awareness within the public about the program and what it is, as well as how to be a good landlord/renter and what to look for prior to needing these services. We anticipate starting on this project quickly, as mediation and counsel services are currently being set up, and residents can expect to see further communications on this program this fall. Included in the attachments are the winning proposal from our RFP and a draft contract. 61 UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:$30,000 to be paid out of the general fund. Attachments: Tenants' Right to Counsel Communications Services _ Strategies 360 _ Due August 14, 2026, 4_00 PM MT.pdf PSA TRC Final.docx Report compiled on: September 1, 2026 62 From:Matt Davidson To:Bozeman Procurement Subject:[EXTERNAL]Tenants" Right to Counsel Communications Services | Strategies 360 | Due August 14, 2026, 4:00 PM MT Date:Thursday, August 13, 2026 11:14:13 AM Attachments:Strategies360_Bozeman_TenantsRightToCounsel_Proposal_2026-08-14.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Mike, Attached please find Strategies 360's proposal in response to the City of Bozeman's Requestfor Proposals for Tenants' Right to Counsel Communications Services. The completed and signed Nondiscrimination and Equal Pay Affirmation required under Appendix A is includedin the same file. Please confirm receipt at your convenience. Don't hesitate to reach out with any questions about the proposal. Thank you for the opportunity. Best, MATT DAVIDSON PARTNER | DIGITAL MEDIA GROUP C 818.599.7327 STRATEGIES360.COM FACEBOOK | LINKEDIN 63 PROPOSAL IN RESPONSE TO RFP Tenants Right To CounselCommunications Services City of Bozeman, MT 14 AUGUST 2026 MATT DAVIDSON Partner mattd@strategies360.com (818) 599-7327 Strategies360.com 164 Members of the Review Committee, Last year the city of Bozeman selected Strategies 360 through an open competitive process to lead public education on the Water Adequacy for Residential Development ballot initiative. That work asked us to give residents accurate information on a contested housing and water question under a strict prohibition on advocating an outcome. Voters rejected the initiative by more than seventy percent. We finished that engagement understanding how the city reviews and approves public facing material, and having spent a full campaign inside Bozeman's housing conversation. The Tenants' Right to Counsel education effort asks for the same discipline on a different subject. This is not a persuasion campaign. It is an availability campaign and it succeeds if a tenant or landlord who needs mediation, counsel or better information knows the program exists and can find it when it matters. Two convictions shape our process. First, the real obstacle is timing rather than awareness, because people do not look for help until something has already gone wrong and their options have narrowed. Second, landlords are an audience rather than an obstacle, because the mediation pillar only works if both parties come to the table. Four things separate our team on this scope. Montana work that is current. We support the Montana Department of Transportation's ongoing public engagement program, we ran the It's Your Move Montana statewide campaign, and we delivered the WARD education campaign for the city of Bozeman. A media practice built for public agencies and operating at scale. Our media group manages roughly five million dollars in annual media across more than 350 public sector clients including school districts, state agencies, utilities and municipal programs. Search capability that comes from inside the industry. The partner leading this account worked on search at Microsoft following the launch of Bing and wrote a bestselling book on search engine marketing. Point of need discovery is the single highest value channel in this scope, and it is where our bench is deepest. Government communication as the core of our business. Public records exposure, procurement rules, accuracy review alongside legal and program staff, accessibility conformance and political scrutiny are ordinary operating conditions for us. We are ready to begin immediately following an August 21 selection, which places the campaign in market during Bozeman's peak rental turnover. Sincerely, Matt Davidson Partner, Strategies 360 COVER LETTER 265 Differentiator What it means for this engagement Government communication is our primary focus Our processes were built for public records requirements, procurement rules, accuracy review with legal and program staff, and constrained budgets. None of the conditions in this scope are new to us. Active Montana presence and track record The Montana Department of Transportation public engagement program, the It's Your Move Montana statewide campaign, the WARD initiative education campaign for this city, and a working relationship with Benchmark Public Affairs in Helena. Local knowledge without a learning curve. Media buying at public sector scale, in house Roughly five million dollars in annual media across more than three hundred fifty public sector clients. We buy search, social, programmatic display, streaming audio and video, neighborhood platforms and local news directly. Search expertise from inside the search engines Our account lead worked on search at Microsoft following the launch of Bing and wrote a bestselling book on search engine marketing. The point of need channel in this campaign is search, and that is our deepest capability. Accessibility and plain language as production standards WCAG 2.1 AA across digital deliverables, accessible type and contrast in print, English and Spanish core materials, and content written for a reader with no assumed knowledge of housing law. Work built to outlive the contract Native and production ready files, editable templates, a partner and staff toolkit and a final report written for whoever runs this program next year. Strategies 360 is a public affairs, communications and marketing firm serving public sector, nonprofit and mission-driven clients across the western United States. Government communication is at the core of our business, which means our processes are built for public records requirements, procurement rules, political scrutiny and constrained budgets which often accompany these types of campaigns. What our firm brings to the table: 1. FIRM AND INDIVIDUAL PROFILE 366 Firm Strategies 360 | Founded 2004 | Headquartered in Carson City, Nevada Staff 40 professionals Annual media managed $5 million Capabilities relevant to this scope include strategic communications and message development, plain- language content and web copy, design and print production management, advertising strategy, media buying across all major channels, translation, public opinion research, community engagement, and ADA conforming production. 1. FIRM AND INDIVIDUAL PROFILE 4 1.1 Required Disclosure: Use of Generative AI Section IV of the RFP requires Respondents to disclose whether they intend to use generative AI in fulfillment of the services. Strategies 360 may use generative AI internally to support market research and first-draft copy development. Every deliverable is reviewed, edited and approved by named professionals before release. We do not enter confidential information or resident data into public generative AI tools, and we do not generate imagery depicting people or places presented as real. All content describing program eligibility, process or rights is verified against Bozemanʼs source material and will be approved by city staff before publication. We will follow any generative AI policy the city of Bozeman has adopted during the contract term. 67 Role Individual Responsibility Account Lead and Primary Contact Matt Davidson Single point of contact. Owns schedule, scope, approvals and delivery. Creative Director Sunshine Stevens Visual identity, collateral design direction, overseeing creative development. Content and Messaging Lead Stephanie Bragdon Messaging framework and website content curation. Digital Media Lead Will Badenhausen Advertising strategy, media plan, execution, measurement and reporting. Project Manager Keisha Phillips Timeline, production, ongoing communication and reporting. 1.2 Proposed Team This is a quick moving engagement and we are staffing it accordingly. The five people below are senior practitioners who do the work themselves, and the same people Bozeman will have on calls. Three of them worked on the WARD initiative education campaign for this city and already know the review path, the tone the city holds to on housing subjects and the staff who approve material. The individuals below will not be substituted without advance notice to the city of Bozeman and a qualified replacement. Our current workload accommodates this engagement in full across the proposed schedule. 1. FIRM AND INDIVIDUAL PROFILE 568 Campaigns When It Reaches People How We Deliver It Early and preventive At lease signing, move-in and renewal, concentrated in the August and September turnover peak Collateral placed where leases are signed and where new tenants go. Partner distribution. Paid social and place-based media timed to turnover. Point of need When something has gone wrong and the person begins looking for help Search advertising against high- intent queries. Findable web content. Referral pathways through partners already in contact with people in difficulty. Sustained and ongoing Throughout while building recognition so the program is recalled later Consistent visual identity, local print and radio, community channels, staff and partner toolkit. 2.1 Understanding and Central Challenge Ordinance 2025-11 and Resolution 2025-77 established the Tenant's Right to Civil Counsel and Landlord/Tenant Mediation Program on three pillars consisting of mediation, right to counsel and education. Firms are in place for the first two. This engagement is the third. More than half of Bozeman residents are tenants, and tenants are far less likely than landlords to have representation in housing proceedings. The education effort must build awareness that the program exists, provide practical guidance on being a good landlord and a good renter, and help residents recognize problems before they need the program at all. Programs like this are rarely underutilized because people object to them. They are underutilized because people do not know they exist at the moment they would matter. It is common that by the time someone starts looking for help, the situation has escalated past the point where the easiest solutions remain available. A campaign built only on general awareness reaches people when the information is abstract. A campaign built only on point-of-need discovery reaches people when it is too late to prevent the problem. We treat these as two separate media campaigns. 2. SCOPE OF PROJECT 669 2.2 Audiences Four audiences to be confirmed in discovery. Tenants generally, more than half the community, addressed in plain language with no assumed knowledge of housing law. Higher-risk tenant segments with the least margin for a housing disruption, including lower-income households, seasonal and service workers, families with children, older adults on fixed incomes and residents with limited English proficiency. Student renters who are a large share of Bozeman's rental market, turn over annually, are often first-time renters, and are reachable efficiently. Landlords and property managers, including the many small-scale and first- time owners who benefit from the same education and whose participation is required for mediation. 2.3 Messaging Approach The framework will be developed with city of Bozeman staff. Our starting point is an internal organizing idea rather than a tagline. Most rental problems are fixable before they become a crisis. It is true, it is non-adversarial, it gives both tenants and landlords a reason to pay attention, and it makes prevention the point rather than conflict. It keeps the city of Bozeman in the role it actually occupies, a neutral provider of resources rather than a party to a dispute. Guardrails Material should read as equally useful to a tenant and to a landlord because the program serves both. Positioning one against the other would undermine the mediation goal. No fear-based framing. Treating eviction sensationally deters the people least able to absorb the stress of engaging. Address the retaliation concern directly rather than dance around it. Many tenants hesitate because they worry about consequences from a landlord, and silence on that point reads as evasion. Language can be developed with staff and the program partners to address this. 2.4 Deliverable: Website Content Complete plain-language content written to work within Bozemanʼs existing site structure and delivered for direct implementation by the city's web team. Covers the program overview and what it provides, how the three pillars work in sequence, who qualifies, how to request help, tenant resources, parallel landlord resources, an FAQ built from questions staff and partners receive, a plain-language glossary, and a short prominent entry page designed for someone arriving in urgency from a search result. All content written to WCAG 2.1 AA, while using proper heading structure, descriptive link text and unambiguous language. 2. SCOPE OF PROJECT 770 Asset Purpose Visual identity system Consistent look for the program sitting comfortably alongside the Bozeman brand. Color, type, layout templates, usage guidance. Tenant one-sheet Primary handout. What the program is, what to do first, how to get help. English and Spanish. Landlord one-sheet Parallel piece for owners and managers which will include what mediation involves. Pocket or rack card Small format for partner counters, the library, campus offices and service organizations. Low cost, high distribution. Poster Community boards, laundromats, partner lobbies, campus housing. Partner and staff toolkit Ready-to-use social posts, copy blocks, printable files, FAQ and talking points so partners carry the message without building their own materials. Digital and social asset suite Sized assets for Bozeman city channels and paid placement that will be reusable after the campaign. Presentation deck Staff use at community meetings, campus events and partner briefings. 2.5 Deliverable: Marketing Collateral Designed for durability, so these assets remain usable by Bozeman staff and partners after the engagement concludes. Print files delivered production-ready. All native and final files belong to the city. We are extremely experienced in producing collateral for public agencies. For the WARD initiative we delivered a visual identity, fact sheets, mythbusting materials, a printed brochure, direct mail, event banners, yard signs and a staff presentation deck inside a single campaign cycle and inside the city's review process. For Seattle Public Utilities we produce resident facing education material on service changes that people have to act on correctly. For school districts across the West we produce enrollment and bond material that has to work equally well on a rack card in a front office and on a phone screen. The piece that matters here is that the material has to be usable by people other than us, because partner counters and staff offices do the distribution. 2. SCOPE OF PROJECT 871 Channel Role and Rationale Paid search Point of need, and the highest-value channel available. Someone searching about a notice, a repair or a deposit has already declared intent, and low local competition on these searches makes the cost per click extremely efficient. Paid social that is geo-targeted Early and preventive. Efficient local reach against renter and student segments while carrying the tenant and landlord messages separately. Local news and community channels Credibility and landlord reach. Local print and digital news confer legitimacy of the program. Neighborhood platforms reach small landlords that renter-targeted media may miss. Place-based distribution Laundromats, grocery boards, campus housing, transit points, partner counters and service organization lobbies. Very low cost and reaches people paid media misses. 2.6 Deliverable: Advertising Strategy We will deliver an advertising strategy and execute on it within the allocated budget. Media mix recommendations can be found below and will be finalized after our initial discovery concludes. The campaign is built and managed by our in house media group, which places roughly five million dollars in annual media for public sector clients and runs campaigns across Google, Meta, LinkedIn, programmatic display, streaming audio and video, neighborhood platforms and local news. Our account lead worked on search at Microsoft following the launch of Bing and wrote a bestselling book on search engine marketing. 2. SCOPE OF PROJECT 9 Partner distribution will drive an outsized impact at this budget. Subject to confirmation with staff, likely partners include Montana State University off-campus and student services, the Human Resources Development Council, Bozeman Public Library, Gallatin County justice and legal aid contacts, community health and food security organizations, faith communities, property management companies, and local realtor and building industry associations. 72 2.7 Measurement and Accessibility At this budget, measurement should be simple and tied to qualified contact rather than impressions. We will track traffic to the program pages by source and entry point, completion of the request path meaning how many visitors reach the point of asking for mediation or counsel, referral and intake volume as reported by the program partners, search impression share, cost per click on high-intent searches, and collateral distribution by partner and location. A written midpoint report and a final report will each carry recommendations, with the final report written to be useful to whoever runs this program next year. All digital deliverables produced under this engagement will meet WCAG 2.1 AA including contrast, heading structure, alternative text and screen reader compatibility. Print materials will use accessible type sizes and contrast with large-print available on request, core tenant-facing materials will be produced in English and Spanish with additional languages if staff identify a need, and any video or audio will include captions and transcripts. A fully tagged and remediated version of this proposal is available on request. These are sample pages from a recent public agency final report, included to show our reporting format: 2. SCOPE OF PROJECT 1073 3.1 City of Bozeman, WARD Initiative Education Campaign Bozeman engaged us through a competitive open RFP process to provide strategic communications support on the Water Adequacy for Residential Development ballot initiative. The measure was presented to voters by various groups as pro-housing and pro-conservation, while its mechanics would have required a thirty-three percent affordability threshold in developments of three or more units to access city water credits. This would have pushed developers who could not meet it into a multi-year process to secure water rights. The constraint defined the work. As a government education campaign we could inform voters about the initiative's impacts but could not advocate to vote a certain way. We delivered fact based one-sheets, educational web language, print materials for community distribution and a targeted digital campaign built around a consistent campaign theme. Voters rejected the initiative by more than seventy percent. Relevance. Same discipline this engagement requires. Accurate information delivered plainly on a housing subject people hold strong feelings about, with the city as an information provider rather than advocate. It also means we already know how the cityʼs review and approval process works and how to navigate it. 3.2 It's Your Move, Montana This statewide campaign targeted Montanans who had not decided about vaccination and who had already been saturated by state and national messaging. Research showed their hesitancy was rooted in fear and uncertainty, and that anonymity mattered enormously because they did not want neighbors knowing their status. We presented an offer rather than a directive, avoided fear-based appeals, and deliberately distanced the campaign from the public health department because the messenger was part of the barrier. Earned efforts included a text-a-local option letting people ask questions anonymously of someone they trusted. Relevance. The tenant audience has a structurally similar barrier. A renter worried about their housing may hesitate to raise a hand and may worry what happens if a landlord learns they sought help. A campaign that ignores that hesitation underperforms regardless of how much reach the campaign generates. 3.3 Montana Department of Transportation and Seattle Public Utilities For MDT, Strategies 360 supports a communications program built to improve public engagement on infrastructure work while assessing needs project by project and building tailored campaigns that can include polling research, digital advertising, stakeholder engagement, public relations, collateral design, production, and public meeting facilitation. It demonstrates sustained Montana public sector experience and effective work inside agency review processes. For Seattle Public Utilities, we support public education campaigns including e-cycling participation following a disposal ban, special item pickup awareness and citywide inclement weather communication. The e-cycling work had two sequential objectives while making residents aware of a change and its rationale, then converting that awareness into correct use of a free service. Municipal program awareness and municipal program utilization are different problems, and this engagement addressed both. That is the same structure here, where knowing that the program exists is not what will determine success. Program adoption is. 3. RELEVANT EXPERIENCE 1174 Weeks Phase Activity Deliverables 1 to 2 Discover Kickoff. Review of Ordinance 2025-11, Resolution 2025-77 and program materials. Coordination with mediation and counsel partners. Audience and channel review. Partner and distribution mapping. Working session and findings summary 3 to 4 Define Messaging framework and guardrails. Web content outline. Creative brief. Advertising strategy and media plan. Messaging framework, creative brief, written advertising strategy and media plan 5 to 7 Develop Visual identity. Website content drafting and Bozeman city review. Collateral concepts to final design. Spanish adaptation. Partner toolkit build. Visual identity, final website content, approved collateral, partner toolkit 8 to 9 Launch Print production and partner distribution. Campaign build and trafficking. Web content handoff and implementation support. Collateral distributed, campaign live, digital asset suite 9 to 13 In market Campaign management and optimization. Partner support. Ongoing coordination with staff. Midpoint written report with recommendations 14 Close Final reporting, file handoff, recommendations for continuation. Final report, native and production files, recommendations memo Assumes selection August 21st and a start the week of August 24th, running fourteen weeks to early December. Dates confirmed at kickoff. The timing is favorable, placing collateral and early campaign weight in front of tenants and landlords when leases are being signed and tenancies beginning. 4. PROPOSED SCHEDULE 12 We can accelerate the front end if Bozeman would prefer collateral in partner hands sooner, compressing discovery to one week and running web content development in parallel with design. We can be flexible and agile as needed to ensure we maximize this timeline. 75 WARD Initiative Education Campaign in 2025. Selected through a competitive open RFP process to provide strategic communications support on the Water Adequacy for Residential Development ballot initiative. As the effort progressed and the scope of the education need became clearer, the city of Bozeman expanded the project budget accordingly. Deliverables included the messaging and education strategy, visual identity, fact sheets and mythbusting materials, website content and banner assets for the cityʼs engagement platform, a printed brochure, direct mail, newspaper advertising, radio and streaming audio, digital display, paid social, event banners, yard signs and a staff presentation deck. The initiative was rejected by more than seventy percent, and the city subsequently expressed interest in partnering with us on future communications and public affairs work. City contact: Takami Clark Communications & Engagement Manager City of Bozeman Email: tclark@bozeman.net Phone: 406-582-2322 The reality for this engagement is that there will be a short ramp-up. We already understand the cityʼs review and approval process including how legal and program accuracy review is handled, we have an existing relationship with the city of Bozeman, and we spent a full campaign inside Bozeman's housing landscape and the sensitivities around it. For a fourteen-week campaign with a limited budget, that is a material efficiency that will benefit this campaign. 5. WORK WITH THE CITY OF BOZEMAN 1376 Component Includes Amount Discovery, strategy and messaging Kickoff, program and partner review, audience and channel landscape, messaging framework and guardrails, creative brief $2,500 Website content Full plain-language content set per Section 2.4, Spanish adaptation of core pages, accessibility review, implementation support $2,500 Marketing collateral Visual identity, tenant and landlord one-sheets, pocket card, poster, partner and staff toolkit, digital and social asset suite, presentation deck, English and Spanish, production-ready files $7,500 Advertising strategy and campaign management Written strategy, media plan, campaign build and trafficking, ongoing management and optimization $2,500 Paid media placement Working media budget across paid search, paid social, local news, community channels and place-based placement per the approved plan $12,500 Print production Initial print run for partner distribution, quantities confirmed with staff $1,500 Project management and reporting Schedule and production management, city and partner coordination, midpoint and final reports, file handoff $1,000 Total $30,000 Strategies 360 proposes to deliver the full scope described in Section 2 for a fixed fee of $30,000. 6. PRICE PROPOSAL 14 Our recommended budget allocation weights paid search most heavily because someone searching about a notice, a repair or a deposit has already declared intent and local competition on those queries is low enough to make the cost per click unusually efficient. Paid social follows, timed to the August and September turnover peak and running the tenant and landlord messages separately. Local news and community channels carry credibility and reach small landlords that renter targeted media miss. Place based distribution costs almost nothing beyond print and reaches people paid media does not. This budget allocation is designed to maximize reach and impact while ensuring our budget is invested in the most cost effective channels available. 77 Client Engagement Contact City of Bozeman WARD Initiative Education Campaign Takami Clark | 406-582-2322 tclark@bozeman.net Montana Department of Transportation Ongoing public engagement and communications program Kris Christensen | 406-444-6125 krchistensen@mt.gov Seattle Public Utilities E-cycling, special item pickup and inclement weather communications Rebekah Anderson | 206-798-5354 Rebekah.Anderson2@seattle.gov 7. REFERENCES 15 The three references below were selected because each one covers a different requirement in this scope rather than repeating the same endorsement three times. City of Bozeman - Same city and similar review and approval process. A housing question people hold strong feelings about, communicated under a strict prohibition on advocacy. Takami Clark can speak to how we work inside the city's process and how we handle accuracy review. Montana Department of Transportation - Sustained Montana public sector delivery across years rather than a single campaign. Kris Christensen can speak to consistency, to working inside agency review, and to whether the same people stay on the account. Seattle Public Utilities - Municipal program awareness converted into correct program use, which is structurally the assignment here. Rebekah Anderson can speak to whether awareness work actually moved participation. 8. AFFIRMATION OF NONDISCRIMINATION AND EQUAL PAY The Nondiscrimination and Equal Pay Affirmation required under Appendix A is completed, signed and included with this submission. Strategies 360 affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability, and acknowledges that the eventual contract will contain a provision prohibiting such discrimination, applying to the hiring and treatment of our employees and to all subcontracts. Strategies 360, Inc. further affirms it will abide by the Equal Pay Act of 1963 and Section 39- 3-104, MCA, the Montana Equal Pay Act. 78 Strategies 360 Strategies 360 Matt Davidson, Partner 16 APPENDIX A 79 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, RISE WEST PARTNERS, LLC dba Strategies 360, 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 _____ day of ______________, 20__, 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 80 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 2 of 14 become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 81 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 3 of 14 Contractor must furnish City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. 82 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 4 of 14 Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 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: 83 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 5 of 14 Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per claim; $2,000,000 per occurrence; Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 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. 84 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 6 of 14 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. 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 for services Contractor actually rendered on or before receipt of the Notice of Termination for City’s Convenience, plus reasonable, documented, non-cancelable commitments and approved expenses incurred before receipt of the notice. 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 85 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 7 of 14 Product. “Work Product” includes all materials, tangible or not, created specifically for City pursuant to this Agreement, including 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 multimedia or images. Work Product does not include Contractor’s pre-existing materials, tools, templates, methods, know-how, or other intellectual property developed independently of this Agreement (“Background Materials”). Contractor retains ownership of Background Materials and grants City a perpetual, nonexclusive, royalty-free license to use any Background Materials incorporated into Work Product solely as part of the Work Product. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. e. Destruction of Data. If requested by City, Contractor agrees to destroy all City data in its possession in accordance with National Institute of Standards and Technology (NIST) SP 800- 88 “Media Sanitation Guidelines.” Notwithstanding the foregoing, City data contained in routine backup or archival systems need not be separately deleted if it is not readily accessible in the ordinary course of business, remains protected under this Agreement, and is deleted in accordance with Contractor’s standard retention cycle. 86 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 8 of 14 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, 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 Takami Clark, Communications & Engagement Manager or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be _____________________ 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 87 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 9 of 14 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 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. 88 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 10 of 14 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, 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 89 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 11 of 14 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 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. 90 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 12 of 14 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 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 91 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 13 of 14 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 **** 92 Professional Services Agreement for Tenants Right to Counsel Communications Services Page 14 of 14 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 RISE WEST PARTNERS, LLC dba Strategies 360 By________________________________ By__________________________________ Chuck Winn, City Manager John Oceguera, CEO APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 93 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Design 5 Landscape Architecture for Design Services for the Willson School Accessible Playground Project MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign a Professional Services Agreement with Design 5 Landscape Architecture for Design Services for the Willson School Accessible Playground Project. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: The Downtown Bozeman Urban Renewal District (URD), in partnership with the Downtown Bozeman Partnership and Bozeman School District #7, is advancing the development of an accessible playground at the Willson School. The project will create an accessible and partially shaded play space designed to serve a range of ages and mobility needs. The proposed professional services agreement with Design 5 Landscape Architecture includes schematic design, construction documents, bidding assistance, and construction observation. Design 5 will also coordinate with project partners throughout the design and permitting process. The work will move the project toward construction, which is anticipated for spring/summer 2027. UNRESOLVED ISSUES:None. 94 ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs for this project are not to exceed $32,800 and will be paid for out of the approved Downtown Urban Renewal District FY2027 budget and work plan. Attachments: 2026 PSA-D5_Willson Park 2026_final.pdf Report compiled on: September 1, 2026 95 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th day of September, 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, Design 5 Landscape Architecture, 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 31st Day of December, 2027, 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 for time and materials and not to exceed $32,800 as outlined in Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written 96 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 2 of 14 request by City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 97 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 3 of 14 Contractor must furnish City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 7. 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. 8. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. Contractor must indemnify, defend, and hold the City harmless from any and 98 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 4 of 14 all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, at Contractor’s expense, secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered 99 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 5 of 14 by City without limit and without regard to the cause. Contractor must furnish to City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor must notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 11. Termination for Contractor’s Fault: 100 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 6 of 14 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third Party. b. In the event of a termination pursuant to this Section 9, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 11 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 12, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor 101 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 7 of 14 for its performance of this Agreement. Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s 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, 102 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 8 of 14 or retained by Contractor upon expiration or termination of this Agreement. f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” g. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages must be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor must provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Ellie Staley of the Downtown Bozeman Partnership 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 103 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 9 of 14 Agreement must be _____________________ or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilized Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as 104 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 10 of 14 a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 19. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. 105 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 11 of 14 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. 21. 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. 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 cannot issue any statements, releases or information for public dissemination without prior approval of 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 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. 25. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 106 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 12 of 14 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 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. 27. Survival: Contractor’s indemnification must 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 to 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, all other provisions of this Agreement must remain in effect. 30. Applicable Law: The Parties agree that this Agreement is governed 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. 107 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 13 of 14 33. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 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 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. 35. 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. 36. 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 **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ 108 Version 12.30.25 Professional Services Agreement for Willson School Accessible Playground Project Landscape Architectural Designs Page 14 of 14 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 109 July 13, 2026 Ellie Staley, Executive Director Downtown Bozeman Partnership RE: Willson School - Accessible Playground Landscape Architecture Dear Ellie, At Design 5 Landscape Architecture, we create custom outdoor spaces that reflect the people who use them. We take pride in offering unique and innovative solutions tailored to each client’s lifestyle, interests, and personality. Because every client and site is unique, we strive to incorporate something new into every project we work on -- a special feature that doesn’t exist anywhere else. Our approach is inventive, playful, and comprehensive. We will create detailed and clear plans and drawings with the goal of facilitating installation and maintaining the construction schedule. The relationships we establish with our clients are important to us, which is why we are often hired by the same clients again and again. Please let us know if you have any questions. Thank you for the opportunity to collaborate on your project! Best regards, Troy Scherer, PLA, ASLA Owner / Principal cc: Michael Waterman, Bozeman School District 7 Matthew Stark, Bozeman School District 7 Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 EXHIBIT A: 110 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 1 / INITIALS________ JULY 13, 2026 PROJECT PROPOSAL WILLSON SCHOOL: ACCESSIBLE PLAYGROUND TYPE / SCHOOL PLAYGROUND CLIENT / DOWNTOWN BOZEMAN PARTNERSHIP OWNER/ BOZEMAN SCHOOL DISTRICT #7 LOCATION / BOZEMAN, MONTANA SCOPE / SCHEMATIC DESIGN, CONSTRUCTION DOCUMENTS, BIDDING, AND CONSTRUCTION OBSERVATION This proposal is to confirm our sincere interest in this project and to establish an agreement between Design 5, LLC and the Downtown Bozeman Partnership. If the scope and fee shown below are acceptable, please initial each page, sign on page 5, and return (1) copy of this proposal by emailing it to troy@design5la.com. The signed proposal will serve as our notice to proceed. We appreciate your returning this signed agreement within (30) days of the date shown on this page, otherwise the fees and schedule are subject to change. Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 111 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 2 / INITIALS________ PROJECT OUTLINE The appx. 6,000sf accessible playground project site is located on the west side paved courtyard of Bozeman School District #7’s Willson School building with an address of 404 West Main Street in Bozeman, Montana. Design 5 will be involved in all aspects of the Landscape Architecture and planning for the following scope: –Project goals include: accessible and partially shaded children’s playground consisting of appx. (4-5) sensory pieces to accommodate a range of ages, behavioral characteristics, and mobility needs; safety surfacing using synthetic playground turf or latex surfacing; controlled access fencing with gates and accessible latch hardware; basic amenities such as bike racks, trash receptacles, and picnic tables. The design and color palette of the playground should be inspired by and respond to the Art Deco architectural elements of the Willson School. –Design 5 will produce (1) construction document set consisting of: –Appx. (4-5) piece sensory playground with code-compliant fall zones, hardscape, fencing and gates, safety surfacing, and amenities. –Plan will show the future accessible ramp (by others) at south end near gym and day school, to be constructed (by others) prior to or concurrently with playground construction. –Design 5 will coordinate with a contractor and playground consultant PlaySpace Designs to produce an estimate of probable cost and anticipated installation timeline –Design 5 will collaborate with Client, Owner, PlaySpace Designs, Eagle Mount, and Ability Montana regarding needs and designs –Design 5 will prepare and make application to the City of Bozeman Building Department for a building permit for the playground –Coordination with site utilities –Snow storage planning –Design 5 will assist the Client and Owner in their anticipated application to the City of Bozeman for additional funding support –Design 5 will provide the Client and Owner with a narrative and graphic materials for review and approval by their respective boards for preliminary and final permitting and funding approval •Design 5 works on an hourly, time + expense basis, with the Total Compensation Estimate and Reimbursable Expenses shown on p. 4 SCOPE OF SERVICES SCHEMATIC DESIGN •Obtain digital architecture and site files in AutoCAD, if available. Accurate site data is critical to good planning. Minimum one (1) foot contour site plan of existing conditions and utilities is necessary for design work to begin. Files should include: all floor plans, elevations, sections, roof plan, gutter plans, existing/proposed topography (topo must be of current conditions), current site survey with all existing utilities including depth to mapped utilities. •Client and Owner to establish a target overall budget that Design 5 will aim to meet for design, permitting, and installation •Design 5 will engage a surveyor to survey existing conditions and map utilities to create an accurate base map upon which the site plan and grading will be based. Client will be invoiced for this scope. See p. 4 for appx. cost. •Meet with Client on site to review goals, examine existing site conditions, and identify any issues for the design to address or solve (complete) •Collaborate with Client, Owner, PlaySpace Designs, Eagle Mount, and Ability Montana to request feedback on project needs and design approach •Produce a conceptual site layout showing the playground, fencing, hardscape, grading and drainage plan, and amenities. Plan showing existing and proposed features, planting beds, trees, shrubs, and hardscape areas. Hardscape and plant material (if any) call-outs. Playground design will be in collaboration with PlaySpace Designs. •Illustrations –Create Photoshop illustrations (plan view) –Create 3D model renderings (by PlaySpace Designs, in coordination with Design 5) •Present Schematic Design to Client and Owner •Revise based on feedback from Client and Owner Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 112 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 3 / INITIALS________ •Anticipate up to (2) rounds of Schematic Design and review with Client and Owner •Design 5 will collaborate with Client, Owner, sub-consultants, and Design Professionals as necessary (PlaySpace Designs and surveyor) •Develop plans in AutoCAD to the level necessary for approvals from Client and Owner, and their respective boards •Attend team meetings as needed •Design 5 will provide the Client and Owner with a narrative and graphic materials for review and approval by their respective boards for preliminary permitting and funding approval •Develop ROM cost estimate and timeline for installation of playground and amenities CONSTRUCTION DOCUMENTS •Develop (1) final site / landscape construction document plan showing the playground, surfacing, fencing and latch, and amenities •Hardscape, grading, and drainage plan details •Snow storage locations noted on plans •Fencing and latch design and details •List material specifications and standard details in sheet set •Submit to Client and Owner for review and approval •Confirm with contractors and suppliers that overall project costs are within available funding •Attend team meetings, as necessary •Develop plans in AutoCAD to the level necessary for submittal to, and approval from, the City of Bozeman Building Department for the playground elements BIDDING (AS REQUESTED) •Meet with Landscape Contractors for pre-bid review of project construction documents •Answer questions during bidding process •Review substitution requests •Review bids for accuracy with plan drawings CONSTRUCTION OBSERVATION (AS REQUESTED) •Respond to Landscape Contractor questions and RFI’s, substitution requests, review submittals and product data (coordinated through Landscape Contractor) •Review shop drawings and submittals (coordinated through Landscape Contractor) •Visit site to review installation progress. We can respond quickly to any requested site meetings or requests. We would assume (5) site visits with Landscape Contractor •Assume (2) hours per week of Landscape Contractor questions and responses during the installation. •Coordinate with Landscape Contractor to provide as-built documentation of the project and playground after installation is complete. As-built documentation will primarily be playground cut sheets and parts list. ASSUMPTIONS •At or near the beginning of the Schematic Design phase, Owner will provide Design 5 with any pertinent information on utilities, or unique building or site characteristics, constraints, or needs that would influence the site or playground design. AutoCAD base files to begin design work. •Design 5 will engage a surveyor to survey existing utilities and site conditions. Client will be invoiced for this scope at cost. See Reimbursable Expenses on p. 4 for appx. cost. •Design 5 assumes that engineering will not be required for any designed elements, however, if any elements require engineering, those elements will be reviewed by a an engineer. Design 5 will engage and coordinate with the engineer for review for landscape elements as required. A proposal for engineering services will be sent to the Client for review and approval prior to Design 5 engaging the engineer. Engineering expenses will be invoiced to Client at cost. •Design 5 assumes no planting plan or irrigation scope •Design 5 assumes that the project will require project and funding approval from the boards of the Client and Owner Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 113 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 4 / INITIALS________ •Design 5 will make application to the City of Bozeman for a building permit for the playground (see Reimbursable Expenses on p. 4 for appx. building permit fee costs) •Design 5 assumes that the following scope will be by others (Owner): any site lighting; and accessible ramp design, details, and permitting •Any elements or design tasks not specifically called-out in this proposal will be considered Add Scope EXCLUSIONS •Site lighting plan •Planting plan •Irrigation plan •Structural Engineering •Civil Engineering •Accessible ramp design, details, and permitting •Environmental permitting TIMELINE + COST TIMELINES Schematic Design: Begin Appx. September, 2026 Construction Documents: Appx. November, 2026 Building Permit Submittal: Appx. January, 2027 Bidding (as requested): Appx. Winter 2026/2027 Construction Observation (as requested): Appx. Spring/Summer, 2027 _______________________________________________________________________________ FEE SCHEDULE (FEES REPRESENT AN APPX. 15% DISCOUNT) Principal Design / Oversight $160 $190/hr Lead Designer / Project Manager $140 $165/hr Drafting and Production $105 $125/hr Construction Observation $160 $190/hr _______________________________________________________________________________ COMPENSATION ESTIMATE Schematic Design $4,000* Construction Documents $18,000* Bidding (as requested) $2,000* Construction Observation (as requested) $4,000* Subtotal $28,000 Reimbursable Expenses Printing + Supplies Allowance $500* City of Bozeman Building Permit Application Fee (Playground) $2,500* Utility Locate and Survey of Existing Conditions $1,800* _______________________________________________________________________________ TOTAL COMPENSATION ESTIMATE* $32,800* _______________________________________________________________________________*Billed Hourly, Time + Expenses Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 114 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 5 / INITIALS________ PAYMENT SCHEDULE This fully executed agreement will serve as Design 5, LLC’s notice to proceed, as of the date on the last signature below. No initial payment is required prior to starting design work. The project will be billed monthly. Payments are due and payable (30) days from the date of Design 5, LLC’s invoice. Amounts unpaid (30) days after the invoice date shall bear interest at the rate of 1.5% per month. Thank you for this opportunity to provide landscape architecture design services. If you have any questions, please feel free to contact me at 406-600-0342 or email me at troy@design5la.com. Accepted On Date:_____________________ Accepted On Date:____________________ By: __________________________________ By: ________________________________ Troy Scherer, PLA, ASLA Ellie Staley, Executive Director Managing Member – Design 5, LLC Downtown Bozeman Partnership cc:File- Willson School Accessible Playground Land Arch Proposal 26_0713 Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 8/31/20269/1/2026 115 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 6 / INITIALS________ THE FINE PRINT DESIGN 5, LLC’S SERVICES Duty of Care. The standard of care for all professional landscape architectural and related services performed or furnished by DESIGN 5, LLC will be the care and skill ordinarily used by professional Landscape Architects practicing under similar conditions at the same time and in the same locality and appropriate for a project of the nature and scope of this Project. Timeliness of Performance. The Client and DESIGN 5, LLC are aware that many factors outside DESIGN 5, LLC’s control may affect DESIGN 5, LLC’s ability to complete the services to be provided under this Agreement. DESIGN 5, LLC will perform these services with reasonable diligence and expediency consistent with sound professional practices. Construction Observation. If listed in the scope of services above, DESIGN 5, LLC shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and DESIGN 5, LLC, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of the Contractor’s work but rather are to allow DESIGN 5, LLC to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. DESIGN 5, LLC shall not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. DESIGN 5, LLC shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. DESIGN 5, LLC does not guarantee the performance of the Contractor and shall not be responsible for the Contractor’s failure to perform its Work in accordance with the documents provided by DESIGN 5, LLC or any applicable laws, codes, rules or regulations. Jobsite safety. Neither the professional activities of DESIGN 5, LLC nor the presence of DESIGN 5, LLC at a construction/project site shall relieve the general contractor of its obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending, and coordinating the work in accordance with the documents provided by DESIGN 5, LLC and any health or safety precautions required by any regulatory agencies. DESIGN 5, LLC and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Opinions of probable construction cost. In providing opinions of probable construction cost, the Client understands that DESIGN 5, LLC has no control over the cost or availability of labor, equipment, or materials, or over market conditions or the Contractor’s method of pricing, and that DESIGN 5, LLC’s opinions of probable construction costs are made on the basis of DESIGN 5, LLC’s professional judgment and experience. DESIGN 5, LLC makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from DESIGN 5, LLC’s opinion of probable construction costs. CLIENT’S OBLIGATIONS Authorization to Proceed. Client’s signature on the Agreement is authorization for DESIGN 5, LLC to proceed. Client of Instruments of Service. All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by DESIGN 5, LLC as instruments of service shall remain the property of DESIGN 5, LLC. Client, by paying DESIGN 5, LLC’s invoices, receives a license to use the instruments of service on the subject project only. DESIGN 5, LLC shall retain all common law, statutory and other reserved rights, including the copyright thereto. Notice of Additional Uses. Client must give DESIGN 5, LLC twenty-one (21) days written notice if it intends to reuse the instruments of service on another project(s) so that (1) compensation to DESIGN 5, LLC for such use of its intellectual property may be negotiated (unless already established in the Letter Agreement), and (2) compensation to DESIGN 5, LLC for the risk of liability posed by each additional use can be negotiated – or – DESIGN 5, LLC and Client can agree that no such compensation will be paid in exchange for Client indemnifying DESIGN 5, LLC from any liability whatsoever, including arising from DESIGN 5, LLC’s own negligence, arising from such additional use. Report Defects in Service. The Client shall promptly report to DESIGN 5, LLC any defects or suspected defects in DESIGN 5, LLC’s services of which the Client becomes aware, so that DESIGN 5, LLC may take measures to minimize the consequences of such a defect. The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor contract and shall require all subcontractors at any level to contain a like requirement. Failure by the Client and/or the Client’s contractors or subcontractors to notify DESIGN 5, LLC shall relieve DESIGN 5, LLC of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. Permits, Bids, and Professional Advice. Client shall be responsible for the following and shall pay all costs incident thereto: (1) Providing any legal, accounting, or other services as may be required for the project. (2) Furnishing approvals and permits from all governmental authorities having jurisdiction over the project. (3) Paying all costs incident to obtaining bids or proposals from contractors. (4) Paying all permit, review, and filing fees required by government agencies. Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 116 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 7 / INITIALS________ ASSUMPTION OF RISK Causes Beyond DESIGN 5, LLC’s Control. The Client agrees that DESIGN 5, LLC is not responsible for damages arising directly or indirectly from causes beyond DESIGN 5, LLC’s control. Such causes include, but are not limited to, discovery of any hazardous substances or differing site conditions; failure of performance or delay by the Client or the Client’s contractors or consultants; failure of any government agency to act in a timely manner; severe weather disruptions, other natural disasters, or acts of God; strikes or other labor disputes; or fires, riots, war or other emergencies. In addition, if any such causes increase the cost or time required by DESIGN 5, LLC to perform its services in an orderly and efficient manner, DESIGN 5, LLC shall be entitled to an equitable adjustment in schedule and/or compensation. Information Provided by Others. Client shall furnish, at Client’s expense, all information, requirements, reports, data, surveys, and instructions required by this Agreement. DESIGN 5, LLC may use such information, requirements, reports, data, surveys, and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Unauthorized Changes. In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other documents prepared by DESIGN 5, LLC without obtaining DESIGN 5, LLC’s prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against DESIGN 5, LLC and to release DESIGN 5, LLC from any liability arising directly or indirectly from such changes. Betterment. For any change in the Project caused by the Landscape Architect, the Landscape Architect shall not be responsible for costs associated with the change to the extent the costs would have otherwise been incurred by the Owner had the act or omission by the Landscape Architect, resulting in the change, not occurred. Hazardous Materials – Suspension of Services. Both parties acknowledge that DESIGN 5, LLC’s scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event DESIGN 5, LLC or any other party encounters any hazardous or toxic materials, or should it become known to DESIGN 5, LLC that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of DESIGN 5, LLC’s services, DESIGN 5, LLC may, at its option and without liability, suspend performance of its services under this Agreement until the Client retains appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials and warrant that the jobsite is in full compliance with all applicable laws and regulations. Hazardous Materials Indemnity. The Client agrees to indemnify, defend, and hold harmless DESIGN 5, LLC from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the detection, presence, handing, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products, or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of DESIGN 5, LLC. Definition of “Hazardous Materials”. As used in this Agreement, the term hazardous materials shall mean any substance, including but not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Indemnification. Client and Landscape Architect each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives, from and against liability for losses, damages, and expenses, including reasonable attorneys fees as are awarded according to applicable law, to the extent such losses, damages, or expenses are caused by the indemnifying party’s negligent acts, errors, or omissions. In the event losses, damages, or expenses are caused by the joint or concurrent negligence of Client and Landscape Architect, they shall be borne by each party in proportion to its negligence. The Client, to the fullest extent permitted by law, shall indemnify and hold harmless the Landscape Architect for costs, including legal fees and defense costs, liability or loss, which result from the Client’s unauthorized modification of the Design Materials, if any, or the Client’s use of the Design Materials for any purpose other than the Project. In the event this Agreement is terminated prior to the completion of the Project, the Landscape Architect shall have no liability to the Client or to anyone claiming through the Client for any claims, liabilities, or damages resulting from the Client’s use, misuse, or modification of the Design Materials. Since it would be unfair for the Landscape Architect to be exposed to liability for its failure to perform a service that the Client has either refused to authorize or has instructed the Landscape Architect not to perform, the Client hereby waives all claims against the Landscape Architect and agrees to defend, indemnify and hold the Landscape Architect harmless from claims or liability for injury or loss allegedly arising from the Landscape Architect’s failure to perform a service that the Client has either refused to authorize or has instructed the Landscape Architect not to perform. Limitation of Liability. Except for acts amounting to willful or intentional wrongs, neither the Landscape Architect, Landscape Architect’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount in excess of the proceeds of the professional liability insurance coverage required under this Agreement. Contractor Insurance and Indemnity Requirements. The Client agrees, in any construction contracts in connection with this Project, to require all contractors of any tier to carry statutory Workers Compensation, Employers Liability Insurance and appropriate limits of Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 117 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 8 / INITIALS________ Commercial General Liability Insurance (CGL). The Client further agrees to provide Contractual Liability coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors. Consequential Damages. The Owner agrees to limit consequential damages, for any claims, disputes or other matters in question arising out of or relating to this Agreement, to the proceeds of the available professional liability insurance coverage required under this Agreement. PAYMENT FOR DESIGN 5, LLC’S SERVICES Disputed invoices. If the Client objects to any portion of an invoice, the Client shall so notify DESIGN 5, LLC in writing within ten (10) calendar days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount that is disputed and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Client’s payment of any part of an invoice without so notifying DESIGN 5, LLC of an objection constitutes acceptance and approval of that aspect of DESIGN 5, LLC’s work. Collection Costs. If the Client fails to make payments when due and DESIGN 5, LLC incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to DESIGN 5, LLC. Collection costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds, and reasonable DESIGN 5, LLC staff costs at standard billing rates for DESIGN 5, LLC’s time spent in efforts to collect. SUSPENSION AND TERMINATION OF SERVICES Suspension of Services. The Client has the right to suspend the Project or DESIGN 5, LLC’s services by giving written notice to DESIGN 5, LLC. If the Project or DESIGN 5, LLC’s services are suspended by the Client for more than three (3) calendar weeks, consecutive or in the aggregate, over the term of this Agreement, DESIGN 5, LLC shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate DESIGN 5, LLC for expenses incurred as a result of the suspension and resumption of its services, and DESIGN 5, LLC’s schedule and fees for the remainder of the Project shall be equitably adjusted. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, DESIGN 5, LLC may suspend performance of services upon seven (7) calendar days’ notice to the Client. DESIGN 5, LLC shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused DESIGN 5, LLC to suspend services, DESIGN 5, LLC shall have the option to resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. Termination. Either the Client or DESIGN 5, LLC may terminate this Agreement for convenience and without cause upon giving the other not less than seven (7) calendar days’ written notice. In the event of termination of this Agreement by either party, the Client shall within fifteen (15) calendar days of termination pay DESIGN 5, LLC for all services rendered and all reimbursable costs incurred by DESIGN 5, LLC up to the date of termination, in accordance with the payment provisions of this Agreement. DISPUTE RESOLUTION Mediation. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and DESIGN 5, LLC agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to non-binding mediation, with the parties to split the costs of this process equally, unless the parties mutually agree otherwise. Attorneys’ Fees and Collection Costs. In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert-witness fees, and all other related expenses in such litigation. GENERAL PROVISIONS Collective Reference. The protections of the Letter Agreement and these General Provisions of Standard Agreement (collectively “Agreement”) encompass DESIGN 5, LLC as well as its officers, directors, employees, and subconsultants, who are collectively referred to as “DESIGN 5, LLC” in both documents. Attorney’s Fees. Attorney’s fees and defense costs shall include such fees and costs incurred in proving DESIGN 5, LLC’s right to indemnity. Assignment. Neither party to this Agreement shall transfer, sublet, or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by DESIGN 5, LLC shall not be considered an assignment for purposes of this Agreement. Entire Agreement. This Agreement, comprising the Letter Agreement signed by DESIGN 5, LLC and the Client and these General Provisions of Standard Agreement, is the entire Agreement between the Client and DESIGN 5, LLC. It supersedes all prior communications, understandings, and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and DESIGN 5, LLC. Governing Law and Jurisdiction. The Client and DESIGN 5, LLC agree that this Agreement and any legal actions concerning its validity, interpretation, and performance shall be governed by the laws of the state the project is located. It is further agreed that any Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 118 WILLSON ACCESSIBLE PLAYGROUND / LANDSCAPE ARCHITECTURE PROJECT PROPOSAL PAGE 9 / INITIALS________ legal action between the Client and DESIGN 5, LLC arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the state the project is located. Notices. Any notice required under this Agreement shall be in writing, addressed as specified in this Agreement, and sent by electronic mail; facsimile; registered, certified, express or regular U.S. mail; or U.P.S. or Federal Express. All notices shall be deemed delivered when transmitted by any of the methods specified above to the recipient listed in this Agreement. Either party may change its contact information by giving the other party written notice of the change in any manner permitted by this Agreement. Severability and Survival. Any term or provision of this Agreement found to be invalid under any applicable statue or rule of law shall be deemed modified so as to be valid, if possible, and if not possible then omitted, and the remainder of this Agreement shall remain in full force and effect. Notwithstanding completion or termination of this Agreement for any reason, all rights, duties, and obligations of the parties shall survive and remain in full force and effect until fulfilled. Docusign Envelope ID: 498034BC-486F-86C5-83CD-5FD973621173 119 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for Website Hosting and Support Services for the Bozeman Drought Monitoring Tool MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for Website Hosting and Support Services for the Bozeman Drought Monitoring Tool. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:In 2015, the City entered into a Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) for the development of a Drought Management Plan and Drought Monitoring Tool. The Drought Monitoring Tool evaluates water supply data to support data- informed drought management decisions. Data include Hyalite reservoir volume, area streamflow, area snowpack and five regional drought indices. A drought score for each index is developed, weighted, and collectively used to generate an overall drought score, which corresponds to drought stages outlined in the 2022 Drought Management Plan. The 'OPTX' website hosts real-time and historical data for local and regional indices, allowing for streamlined integration into the Drought Monitoring Tool. Support services require an annual subscription, as outlined in the attached Professional Services Agreement. Support services include performing and storing backups of the website and databases, performance monitoring, service improvement, and routine maintenance. Website hosting and support services will continue to provide staff with the needed resources to efficiently and consistently run the Drought Monitoring Tool throughout the year. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs are not to exceed $2,000.00 per year and will be paid for from 120 the Water Conservation Division approved budget. Attachments: PSA_OPTX_2026.pdf Exhibit A_Scope of Services_OPTX_2026.pdf Report compiled on: August 24, 2026 121 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15 day of September, 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, and Advanced Engineering and Environmental Services, LLC (AE2S), 1288 N. 14th Ave. Unit 103, Bozeman, Montana 59715, 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 June 30, 2030 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. 122 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 2 of 15 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 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. 123 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 3 of 15 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 124 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 4 of 15 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; • 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. 125 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 5 of 15 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. 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. 126 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 6 of 15 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. Termination for Contractor’s Convenience: a. Contractor may at any time, upon sixty (60) days’ prior written notice to the City, terminate this Agreement. Upon such termination, the City shall pay to Contractor all amounts owing to Contractor under this Agreement, for all services performed up to the effective date of termination. 15. 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 127 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 7 of 15 and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. Reuse of any such Work Product by City beyond the scope of this Agreement or use of Work Product revised without Contractor approval shall be at City’s sole risk. 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. The foregoing sentence notwithstanding, Contractor shall not be required to return any data contained in archival backups maintained in accordance with a Contractor’s records retention policies and/or law or regulation. 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.” The foregoing sentence notwithstanding, Contractor shall not be required to destroy any data contained in archival backups maintained in accordance with a Contractor’s records retention policies and/or law or regulation, with the exception of water production data, should the City request that data be destroyed. f. Certification. In all cases, Contractor will certify that all of City’s information 128 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 8 of 15 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, except as described herein. g. Notwithstanding anything to the contrary in this Agreement, OTPX, and any customizations thereto, is and shall remain the exclusive property of Contractor, and the processes and techniques used in OPTX constitute Contractor’s proprietary trade secret information. Contractor alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to OPTX. This Agreement is not a sale and does not convey to City any rights of ownership in or related to OPTX or the intellectual property rights owned by Contractor. 16. Limitation on Contractor’s Damages: 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 from the time Contractor knew or should have known 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. 17. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this 129 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 9 of 15 Agreement must be David Tuan, Operations Manager, 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. 18. 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. 19. 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. 20. Generative Artificial Intelligence (AI): Contractor will disclose the use of Generative AI to fulfill the deliverables or services detailed in the Scope of Services. 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 that does not prevent disclosure of such information to third parties. 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 130 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 10 of 15 and federal anti-discrimination laws, regulations, and contracts. Contractor cannot refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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 131 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 11 of 15 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 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 132 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 12 of 15 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 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. 133 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 13 of 15 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 **** 134 Professional Services Agreement for OPTX Website Hosting and Support Services for Bozeman Drought Monitoring Tool Page 14 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 Advanced Engineering and Environmental Services, LLC (AE2S) By________________________________ By__________________________________ Chuck Winn, City Manager David Tuan, Operations Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 135 Exhibit A – Scope of Services TO AGREEMENT BETWEEN CITY OF BOZEMAN AND ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC OPTX Website Hosting and Support Services for the Bozeman Drought Monitoring Tool The objective of this project is to ensure the OPTX dashboard, which is used by City staff to track publicly available drought indicator data, is maintained and that reporting information is consistent with each data source. An annual fee of $2,000.00 will be billed to the City, which includes: • Website hosting; and • Routine maintenance consists of general Application Programming Interface (API) coding updates. Routine maintenance is defined as any update that requires no greater than 10 hours of time from AE2S personnel. Programming updates or requested changes to the OPTX Dashboard requiring more than 10 hours may require an additional fee and will be negotiated with the City at their request. 136 Memorandum REPORT TO:City Commission FROM:Katie Canter, Contracts and Sports Parks Coordinator Mitch Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Hale Creative Consulting LLC for Staff Training Services for the Parks and Recreation Department MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Hale Creative Consulting LLC for Staff Training Services for the Parks and Recreation Department. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The Parks and Recreation Department holds all staff meetings three times per year. To keep these trainings fresh, our next meeting will utalize a professional training consultant. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Funding is allocated for these services within the FY27 budget in-state training budget. Attachments: PSA - Hale Creative Consulting.pdf Exhibit A - Scope of Services - Hale Consulting.pdf Report compiled on: September 1, 2026 137 Professional Services Agreement for Hale Consulting Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th day of September, 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, Hale Creative Consulting LLC, 522 N 22nd Ave 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 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 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, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in Exhibit A. 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. 138 Professional Services Agreement for Hale Consulting Page 2 of 13 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 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. 139 Professional Services Agreement for Hale Consulting Page 3 of 13 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. 140 Professional Services Agreement for Hale Consulting Page 4 of 13 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; • 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 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 141 Professional Services Agreement for Hale Consulting Page 5 of 13 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. 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 142 Professional Services Agreement for Hale Consulting Page 6 of 13 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 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 143 Professional Services Agreement for Hale Consulting Page 7 of 13 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, 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 Katie Canter, Contracts and Sports Parks Coordinator 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; 144 Professional Services Agreement for Hale Consulting Page 8 of 13 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 Dylan Hale Thornton 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 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. 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 145 Professional Services Agreement for Hale Consulting Page 9 of 13 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, 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. 146 Professional Services Agreement for Hale Consulting Page 10 of 13 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 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, 147 Professional Services Agreement for Hale Consulting Page 11 of 13 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 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 148 Professional Services Agreement for Hale Consulting Page 12 of 13 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 **** 149 Professional Services Agreement for Hale Consulting Page 13 of 13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 150 Proposal Bozeman Parks & Recreation: Culture in Action Workshop Prepared by: Dylan Hale Thornton | Hale Consulting Updated to include $50 toward the $85 cost of additional insurance coverage required specifically for this engagement. Workshop Date: September 14, 2026 (1:00–3:00pm) Cost: $800 Purpose Strong organizational culture isn't built through mission statements or posters on the wall. It's built through the everyday interactions employees have with one another, the community they serve, and the places they care for. This workshop is designed to help Bozeman Parks & Recreation staff connect the department's values to their day-to-day work by creating a shared understanding of what culture looks like in practice. Rather than focusing primarily on theory, the session emphasizes practical application, highlighting what's already working well while identifying simple ways to strengthen culture moving forward. Scope of Work 1. Discovery & Alignment Prior to the workshop, Hale Consulting will spend time understanding the department's current culture and priorities to ensure the session is relevant and meaningful. This includes: ● Review of employee survey results, department plans, and other relevant materials ● Conversation with key staff to understand strengths, opportunities, and current priorities ● Identification of themes and examples that can be incorporated into the workshop 2. Culture in Action Workshop This interactive workshop combines a short presentation with facilitated discussion and staff participation. The focus is less on defining culture and more on exploring how culture is created through everyday actions. Topics include: What Culture Really Means 151 ● Why culture is shaped by everyday interactions rather than statements and goals ● How culture influences coworkers, community members, and stewardship of public spaces Living the Department Values ● Exploring what each department value looks like in practice ● Building a shared understanding of how values guide everyday decisions and interactions Turning Values into Action ● Interactive discussion where staff share real examples of the department's values in action ● Practical strategies for reinforcing positive culture through small, consistent behaviors Wrap-Up ● Reflection on key themes that emerged throughout the session ● Practical ideas for continuing to strengthen culture together Key Takeaways ● Culture is created through everyday interactions. ● Values help guide decisions and behaviors. ● Small actions consistently have the greatest impact on workplace culture. 3. Deliverable Following the workshop, Hale Consulting will provide a short Culture in Action Guide summarizing the session, including: ● Key themes and insights shared during the workshop ● Ten practical best practices for living the department's values ● Real examples discussed during the session that demonstrate those practices in action Investment Culture in Action Workshop (including preparation, facilitation, and post-workshop guide): $800 Thank you for the opportunity to support Bozeman Parks & Recreation. I look forward to creating a practical, engaging experience that celebrates the department's strengths while helping staff build an even stronger culture together. Reach out anytime. Dylan Hale Thornton | Hale Consulting dylanhalethornton@gmail.com 152 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Emiliano Esparza, City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Sanbell for Preliminary Design of the North Frontage Road Wastewater and Shared-Use Pathway Improvements MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Sanbell for Preliminary Design of the North Frontage Road Wastewater and Shared-Use Pathway Improvements. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The North Frontage Road Shared-Use Pathway and Wastewater Improvements Project has been approved as project WWIF20 and A&C024 in the FY27-31 Capital Improvement Plan and consists of both trail and sewer improvements. The Project’s trail component (A&C024) aims to develop a multipurpose pathway along the north side of Frontage Road between Valley Center Spur and the Cherry River Fishing Access Site. The proposed share- use pathway will add a key link to the existing network of trails in and around Bozeman and the Gallatin Valley. The second component of this project will be the Frontage Road Sewer Interceptor Improvements (WWIF20), which include replacing portions of the existing parallel trunk sewer, including upsizing 4,725 ft of existing pipe to 36-inch diameter pipe and installation of new parallel trunk sewer in areas with single trunk sewer main, including 6,200 ft of 27-inch to 36-inch diameter pipe. The scope of the professional services agreement is for consulting services for the planning and pre-design of the shared use pathway while considering City planned sewer pipeline improvements along North Frontage Road. In addition to the pre-design for the share-use path, this project also includes providing pre-design services to determine the scope of work and timing of sewer pipeline improvements along North Frontage Road. To coordinate and leverage the synergy between the two planned capital improvements, it’s important to complete a comprehensive pre-design that accounts for share- use pathway and sewer pipeline improvements; and the collective needs of right of way acquisition and public outreach to effectively implement capital 153 improvements. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The cost of preliminary engineering is $208,463.47. City staff have reviewed the scope and fee proposal and found it to be commensurate with the work involved. Funding for this project has been appropriated in the FY27 budget as projects WWIF20 and A&C024 for a total amount of $804,000 and paid for from the Wastewater Fund, and Arterial and Collector District Fund. Attachments: Professional Services Agreement - N Frontage Road Wastewater and Shared Use Pathway_FINAL.pdf Report compiled on: August 25, 2026 154 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 1 of 17 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th Day of September, 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, Sanbell, 106 E Babcock St Suite L1, Bozeman, MT, 59715, 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 1st day of July, 2029, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services attached hereto as Exhibit A. 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. 155 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 2 of 17 Cost shall be calculated and defined as follows: a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER establishes a maximum cost ceiling on a cost-plus-fixed-fee contract. Federal regulations (23 CFR 172) require a contract maximum cost ceiling in cost plus fixed fee contracts. b. Fixed Fee. Fixed Fee is the negotiated fee and a set dollar amount in the agreement that includes a maximum profit of 12-percent of total labor costs for 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. 156 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 3 of 17 ii. An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited indirect cost rate is acceptable. iii. An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000) per individual task order; 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. 1. The IDC rate expires one (1) yar after the end of the Accounting Period. 2. Before the end of the Grace Period, defined as six (6) months following the expiration of the IDC rate, the Consultant shall submit a new IDC rate. 3. An IDC rate submitted within the Grace Period is effective as the first day of the month following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period. 4. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 5. In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is not bona fide the rate will be effective on the date accepted and will not be retroactive. 6. Failure by the Consultant to provide an IDC rate, as required herein, may result in a One Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the Grace Period. vii. The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: 157 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 4 of 17 1. Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of any extension of the term of this Agreement, then the Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. 2. Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. viii. The Consultant may request exceptions to the requirements of this section on a case- by-case basis, and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. 158 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 5 of 17 Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 7. Prevailing Wage Requirements a. Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18-2- 401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors, subcontractors, and employers must pay during the public works contract. Wage rate adjustments for multiyear public works contracts are the sole responsibility of the Contractor and must be done in accordance with 18-2-417, MCA. 159 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 6 of 17 c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's, or employer's completion of work on the public works contract. 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. 160 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 7 of 17 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). 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 161 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 8 of 17 accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 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 162 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 9 of 17 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. 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 163 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 10 of 17 pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. 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 164 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 11 of 17 damages must be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor must provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Kellen Gamradt, Project 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 Danielle Scharf, 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. 165 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 12 of 17 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 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 166 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 13 of 17 must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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 167 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 14 of 17 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 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 168 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 15 of 17 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 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 annually for a 169 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 16 of 17 period of two (2) additional years for a total of five (5) years by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 170 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 17 of 17 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 SANBELL CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Danielle Scharf, PE, PTOE Print Title: Managing Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 171 City of Bozeman North Frontage Road Wastewater and Shared-Use Pathway Improvements Scope of Work 8/21/2026 Sanbell is pleased to provide this scope of work for pre-design services for a wastewater interceptor and shared-use pathway along North Frontage Road from Moss Bridge Road to the Cherry River Fishing Access site in partnership with our subconsultants, HDR, Clear Route Real Estate and SK Geotechnical. Several alignment alternatives for the pathway will be evaluated as part of these pre-design services. This project will also evaluate a planned sewer pipeline along North Frontage Road in accordance with the City’s 2024 Wastewater Master Plan. Analysis and evaluation of alternatives will be considered for both projects, along with timing for construction. Scope of work elements include survey, right-of-way research, sewer flow modeling, sewer hydraulic analysis, engineering design reports, 30% design plans for the path, 10% concept-level design plans for the sewer, cost estimates, and public outreach. The project phases and tasks are described in more detail below. Scope of Work: Phase 1 - Project Management & Coordination This phase of the project includes general project management, project set up, coordination with the Client and subconsultants, weekly progress reports, biweekly progress meetings and monthly billing/invoicing. Phase 2 - Summary of Existing Information This phase of the project will include a thorough review and summary of previous planning efforts for both the wastewater interceptor and shared-use path, including but not limited to the following documents: • FY27-31 Capital Improvement Plan • 2024 Wastewater Facility Plan • 2007 Parks, Recreation, Open Space and Trails (PROST) Plan • 2017 Transportation Master Plan • 2023 Comprehensive Parks, Recreation, and Active Transportation (PRAT) Plan • 2025 Bicycle and Pedestrian Gap Analysis Study • Other upcoming City or MPO planning projects currently underway 172 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 2 • Adjacent site development projects for the Waste Transfer Facility and MDT that will construct segments of the shared-use path Phase 3 - Topographic Survey The topographic survey for this project will be conducted in two stages. First, a limited topographic survey will be provided as needed for the evaluation of alternatives for the shared-use path. Sanbell’s prior survey completed for the 2022 Frontage Road Pathway Feasibility Analysis will be utilized as the basis for the evaluation of alternatives with some survey pick-ups as needed. Necessary pick-ups are anticipated to consist of property corner searches to verify right-of-way and other major features that could affect the alignment of path alternatives. The second survey stage will include a more detailed topographic survey for the preferred pathway alignment. Tasks for this phase of the project include: • Set/reset survey control. • Perform survey measure downs for existing sanitary sewer and water main • Field topographic survey including ground shots to establish contours, utilities, culverts, and stream crossings • Boundary survey of the project area including additional property corners along the preferred alignment • Draft base map • Additional survey pick-ups as needed during design Phase 4 - Environmental Review HDR will provide the wetland delineation for this project as outlined in their attached scope of work. Sanbell will provide coordination as needed with HDR and the City throughout this phase of the project. Phase 5 – Shared-Use Pathway Pre-Design Sanbell will provide preliminary design services for the shared-use path along Frontage Road from Moss Bridge Road to the Cherry River Fishing Access. This phase of the project will include the following tasks: • Trail Alignment Alternatives: Update concepts from the 2022 Frontage Road Pathway Feasibility Analysis based on feedback from City of Bozeman. Prepare decision matrix with input from City of Bozeman on evaluation criteria. • Engineering Report: Prepare summary report documenting design alternatives, traffic control upgrades, utility conflicts, wetland delineation, geotechnical 173 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 3 considerations, coordination with planned sewer improvements, decision matrix, right-of-way needs, and other design considerations. • Community Engagement: Assist City of Bozeman with project updates, property owner meetings (up to 5 meetings anticipated) and key stakeholder meetings (up to 2 meetings each with MDT and BNSF). • Shared-Use Path Design: Prepare 30% design plans for preferred path alignment. Plans will consist of plan/profile sheets, typical sections, and cross-sections. This level of design will be completed for the one preferred path alignment only. It is anticipated that one round of City review comments will be addressed before the 30% plans are finalized. Detailed grading, signing and striping plans, and detail sheets will not be included at the 30% design level. • Construction Cost Estimate: Prepare engineer’s opinion of probable construction cost based on the 30% design of the preferred alternative. The anticipated cost of right-of-way acquisition will be included with input from Clear Route Real Estate. Phase 6 – Wastewater Interceptor Pre-Design HDR will provide the sewer modeling and analysis services as outlined in their attached scope of work. HDR’s deliverable will consist of the Engineering Report for the wastewater interceptor. Sanbell will provide coordination as needed with HDR and the City throughout this phase of the project. Sanbell will provide the concept-level sanitary sewer interceptor design to include the following tasks: • Wastewater Interceptor Design: Prepare concept-level design plans (approximately 10% level design) in coordination with the shared-use path design. Plans will consist of plan view sheets only (no profile) for the sewer and will show water and other utilities. It is anticipated that one round of City review comments will be addressed along with the review of the shared-use path plans. HDR will be consulted throughout the design process. • Coordination with Shared-Use Path Design: The wastewater interceptor concept design will be provided in the same design deliverable as the shared- use path design. • Construction Cost Estimate: HDR will prepare the engineer’s opinion of probable construction cost for the wastewater interceptor. Sanbell will review and provide coordination and quantities for the concept design. The 174 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 4 anticipated cost of right-of-way acquisition will be included with input from Clear Route Real Estate and in coordination with right-of-way needs for the shared-use path. Phase 7 - Right-of-Way Investigation This phase of the project will primarily be conducted by Clear Route Real Estate with general coordination and property owner meeting attendance by Sanbell. See attached scope of work provided by Clear Route. Phase 8 - Geotechnical Investigation Geotechnical services will be provided by SK Geotechnical as outlined in their attached scope of work. Sanbell will provide coordination as needed with SK Geotechnical and the City throughout this phase of the project. Scope of Work Exclusions: The following items are not expected to be needed for this phase of the project and are therefore specifically excluded from this scope of work: • Design beyond the 30% level as noted above for the path and 10% level for the sewer • Landscape design and irrigation plans • Construction administration and inspection • Material testing • Street lighting • Traffic signal/intersection design • Stormwater calculations and report • Stormwater Pollution Prevention Plan (SWPPP) permit • Right-of-way acquisition • Wetland permitting and mitigation • Erosion control plans Fees and Billing Arrangements: Sanbell will bill for its services on a cost-plus fixed fee basis with a not to exceed amount of $208,463.47 as specified in the fee table below and attached detailed hourly breakdown. Sanbell shall submit invoices to the Client for work accomplished 175 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 5 during each calendar month. The amount of each monthly invoice shall be determined on a “time-and-material basis” according to the attached current standard rate sheets for Sanbell-Rocky Mountain. Monthly invoices shall include, separately listed, any charges for service for which time charges and/or unit costs shall apply. Fee Phase 1 – Project Management & Coordination $20,539.82 Phase 2 – Topographic Survey $23,626.72 Phase 3 – Summary of Existing Information $3,368.13 Phase 4 – Environmental Review $12,824.68 Phase 5 – Shared-Use Pathway Pre-Design $51,074.51 Phase 6 – Wastewater Interceptor Pre-Design $76,199.07 Phase 7 – Right-of-Way Investigation $14,128.01 Phase 8 – Geotechnical Investigation $6,702.54 Total Fee $208,463.47 Project Schedule: Sanbell and the City will work cooperatively to develop a proposed schedule for initiation and delivery of the project scope of work. This schedule shall include reasonable allowances for performance of services by Sanbell and subconsultants, review and approval times as required by the City, and review and approval times required by all public authorities having jurisdiction over the project (BNSF and MDT). This schedule shall be adjusted as the project progresses, allowing for any changes in scope requested by the City, or for delays or other causes beyond Sanbell’s reasonable control. 176 N Frontage Rd Wastewater and Pathway Improvements7/28/2026Labor Category Total Hours Direct Labor Rate Overhead (1.7876) Profit (12%) Billling Rate Total Plan Bill AmountPhase 001: Project Management and Coordination Project Engineer I20.00 45.19 80.8 15.12 $141.09$2,821.76Principal26.00 88.94 159.0 29.75 $277.68$7,219.70Senior Engineer I4.00 64.90 116.0 21.71 $202.63$810.50Professional Land Surveyor4.00 46.63 83.4 15.60 $145.58$582.34Senior Project Administrator8.00 39.90 71.3 13.35 $124.57$996.58Expense: HDR$8,108.9462.00 Phase 001 Subtotal$20,539.82Phase 002: Survey Project Engineer I4.00 45.19 80.8 15.12 $141.09$564.35Professional Land Surveyor120.00 46.63 83.4 15.60 $145.58$17,470.09Principal4.00 88.94 159.0 29.75 $277.68$1,110.72Senior Designer16.00 52.88 94.5 17.69 $165.10$2,641.56Expense: Survey Equipment$1,840.00144.00 Phase 002 Subtotal$23,626.72Phase 003: Review Existing Information Project Engineer I16.00 45.19 80.8 15.12 $141.09$2,257.41Principal4.00 88.94 159.0 29.75 $277.68$1,110.7220.00 Phase 003 Subtotal$3,368.13Phase 004: Environmental Review Project Engineer I2.00 45.19 80.8 15.12 $141.09$282.18Principal2.00 88.94 159.0 29.75 $277.68$555.36Expense: HDR$11,987.144.00 Phase 004 Subtotal$12,824.68Phase 005: Shared-Use Pathway Pre-Design Project Engineer I120.00 45.19 80.8 15.12 $141.09$16,930.59Principal60.00 88.94 159.0 29.75 $277.68$16,660.84Senior Designer88.00 52.88 94.5 17.69 $165.10$14,528.56Const Eng Tech II24.00 39.43 70.5 13.19 $123.10$2,954.52292.00 Phase 005 Subtotal$51,074.51Phase 006: Wastewater Interceptor Pre-Design Project Engineer I4.00 45.19 80.8 15.12 $141.09$564.35Principal8.00 88.94 159.0 29.75 $277.68$2,221.45Senior Engineer I40.00 64.90 116.0 21.71 $202.63$8,105.00Senior Designer24.00 52.88 94.5 17.69 $165.10$3,962.33Expense: HDR$61,345.9376.00 Phase 006 Subtotal$76,199.07Phase 007: R/W Phase Project Engineer I18.00 45.19 80.8 15.12 $141.09$2,539.59Principal14.00 88.94 159.0 29.75 $277.68$3,887.53Expense: Clear Route$7,700.8932.00 Phase 007 Subtotal$14,128.01Phase 008: Geotechnical Investigation Project Engineer I2.00 45.19 80.8 15.12 $141.09$282.18Principal2.00 88.94 159.0 29.75 $277.68$555.36Expense: SK Geotechnical$5,865.004.00 Phase 008 Subtotal$6,702.54Total for N Frontage Rd Wastewater and Pathway Impro vements634.00 $208,463.47177 SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CITY OF BOZEMAN COST RATES ROCKY MOUNTAIN EFFECTIVE SEPTEMBER 13, 2025 Staff Engineer I $35.67/hour Staff Engineer II $38.73/hourStaff Engineer III $42.31/hourLandscape Designer I $33.17/hourLandscape Architect I $41.35/hourLandscape Architect II $44.23/hourSenior Landscape Architect I $55.29/hourPlanner II $45.19/hour Senior Planner II $64.90/hourProject Engineer I $45.19/hour Project Engineer II $49.95/hour Senior Engineer I $64.90/hourSenior Engineer II $86.54/hourSenior Engineer Manager $65.38/hourSenior Project Manager $72.12/hourSenior Eng Manager/Principal $88.94/hour Engineer Intern $24.00/hour Field Survey Technician II $30.00/hour Staff Surveyor II $41.35/hourProfessional Land Surveyor II $46.63/hourSenior Professional Land Surveyor II $56.73/hourConstruction Engineering Tech. $39.43/hourDesigner II $36.06/hourSenior Designer Manager $52.88/hourProject Administrator $31.25/hourSenior Project Administrator $39.90/hourAccounting Specialist $30.77/hourOffice Coordinator I $25.48/hourOffice Coordinator II $27.88/hourHR Generalist/Specialist $34.00/hourHuman Resources Assistant $35.00/hourIT Systems Admin II $38.46/hourWeb/Graphic Designer $38.46/hourMarketing Coordinator $39.90/hourSenior Marketing Coordinator $44.23/hourMarketing Director $64.90/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 FAR OH Rate: 1.7876 (Provisional Rate approved by MDT for 7/1/26) 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 178 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 1 SANBELL CITY OF BOZEMAN N. FRONTAGE ROAD WASTEWATER IMROVEMENTS SCOPE OF SERVICES Purpose and Need for Project: The City of Bozeman (City) is advancing preliminary design of a multi-use pathway (pathway) along the northern side of Frontage Road between Valley Center Spur and the Cherry River Fishing Access Site. Portions of the proposed pathway alignment overlap or are adjacent to the alignment of the North Frontage Road (NFR) Interceptor. HDR (Consultant) will contract with Sanbell to provide the following services: • Environmental review and wetland delineation • Wastewater collection system hydraulic modeling, • Preliminary design of NFR interceptor improvements The wastewater collection system hydraulic modeling criteria and approach will be generally based on the 2024 Wastewater Facility Plan Update. The services provided in this scope of work are organized into the following major task groups: Task 100 Project Management and Administration (Sanbell Phase 1) Task 200 Environmental Review (Sanbell Phase 3) Task 300 Preliminary Design (Sanbell Phase 6) A detailed description of each task, and the associated subtasks proposed in this scope of services, follows: Task 100 – Project Management and Administration 101 Project Startup and Contracts 102 Kickoff and Coordination Meetings/Workshops Objective: Project management for the professional services Contract. This includes meetings and coordination, project management, and administrative activities. Subtasks 101 Project Startup, Coordination and Contracts: Includes project startup and preparing contract agreements with Sanbell. Also includes preparing monthly invoices and progress reports. Progress reports will summarize the work progress to date, the budget expenditures to date, and identify information requirements or decisions that need to be made by the City. 179 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 2 102 Kickoff and Coordination Meetings/Workshops: Conduct a project kickoff meeting with key Sanbell and City staff to establish project goals and objectives, tour of the project alignment, establish the project schedule, and establish points of contact and project communication. Conduct monthly meetings with Sanbell, as required, to review project progress, schedule, and budget. Identify information needs and make decisions regarding changes in the scope of the project. Attend up to 5, one (1) hour meetings with up to two consultant staff with Sanbell and/or the City. Deliverables 1. Project progress reports, budget report, and invoices. 2. Meeting notes, as required. City Involvement 1. Participate in telephone calls and meetings. 2. Review project status reports and invoices. 3. Review modifications to approach, schedule, and deliverables as appropriate Assumptions 1. 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. 2. Quality control reviews of work activities and project deliverables are included in each task. 3. Invoice format will follow standard format by the Consultant. 4. Direct expenses for travel, printing, and photocopying will be billed to Sanbell. Deliverables 1. Monthly invoices. Task 200 – Environmental Review 201 Wetland Delineation and Reporting Objective and Approach Perform aquatic resource delineation and reporting for a proposed trail extension project located along Frontage Road, Campbell Road, and Moss Bridge Road. The delineation will also include the proposed inceptor pipeline alignment, which is in the same general study area as the trail extension but extends further south of the Cherry River Fishing Access Site along the Frontage Road, BNSF railroad, Manley Road, and across Industrial Drive and ends at a proposed connection point at North Rouse Avenue. The trail/pipeline alignment is approximately 2.5 miles in length and requires delineation of several alternative alignments in the vicinity of Campbell Road. The additional pipeline alignment is approximately 1.5 miles in length. The aquatic resource delineation study area will include an approximate width of 25-feet along the proposed alignment(s). 180 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 3 Subtasks 201 Wetland Delineation and Report: Consultant will provide wetland delineation services under this subtask, including: 1. Perform field review to identify wetlands within the specified study area. 2. Perform field review to identify jurisdictional limits (ordinary high water mark (OHWM)) of waterways to the extent the waterway is within the study area. 3. Perform wetland delineations/verifications in accordance with the 1987 USACE Wetland Delineation Manual, along with the USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) and revised USACE Wetland Determination Data Forms. Complete necessary forms. 4. Delineate and map wetland boundaries using GPS with sub-meter accuracy electronically transferable as .shp and/or .dgn files. Files will be provided to Sanbell. 5. Identify the wetland type/classification following HGM and Cowardin classification systems. Describe the delineated wetlands including but not limited to: general location description, dominant vegetation, soil description, associated hydrologic features, and hydrologic indicators. Describe the source hydrology, destination hydrology, and/or adjacency of wetlands and waterways for use in making a USACE jurisdictional determination by others. 6. Develop a memorandum describing the results from the wetland and stream delineation suitable for submittal to the USACE. 7. The memorandum will include additional descriptions of protected resources, as applicable, that are identified during the field investigation. Deliverables: 1. Draft and Final Wetland Delineation Memo. (PDF) 2. Digital files of wetland and stream boundaries (.shp/.dwg/.dgn) Assumptions: 1. Wetland delineation will be performed within the study area boundary. 2. Environmental permitting will be performed by others or can be added to future services performed by HDR through a contract amendment. 3. Wetland functional assessment is not included in the scope of services. 4. Right-of-entry agreement for accessing the property will be obtained and provided to HDR by Sanbell. 5. This delineation will be completed by 2 staff and is estimated to take a maximum of two days of field work. This task includes expenses associated with the field investigation. Task 300 – Preliminary Design 301 Wastewater Flow Forecasting 302 Evaluation of North Frontage Road Interceptor – Phase 1 181 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 4 303 NFR Interceptor Predesign 304 Preliminary Design Cost Estimate 305 Predesign Report Objective and Approach HDR will perform a calibration update of the North Frontage Road (NFR) Interceptor basin in the City’s sanitary sewer collection system hydraulic model. Calibration will utilize flow monitoring data collected at the downstream end of the North Frontage Road Interceptor since 2024. The recalibrated model will be used to evaluate existing hydraulic performance of the NFR Interceptor and future hydraulic performance at 5-year benchmarks (assumed up to 20-year planning horizon). Deficiencies identified at existing and future benchmark conditions will be used to constrain the timing of needed capital improvements in the NFR Interceptor. Results from the modeling effort will be used to develop sewer improvement strategies and coordination requirements with the proposed shared use path. Subtasks 301 Wastewater Flow Forecasting: Consultant will provide the following services under this subtask. 1. Prepare 5-year, 10-year, 15-year, and 20-year wastewater flow forecasts for the NFR Interceptor Basin from City growth data documented in the 2024 Wastewater Facility Plan Update to include wastewater flow duty factors, development densities, population growth rate, and infiltration (I&I) factors for new construction. 2. Load wastewater flow forecasts into the recalibrated City sanitary sewer model to create evaluation scenarios at each benchmark planning horizon. 302 Evaluation of North Frontage Road Interceptor: Consultant will provide the following services under this subtask. 1. Evaluate the NFR Interceptor within the Shared-Use Pathway project limits using provided flow monitoring data. 2. Review flow monitoring data collected at Manhole I5012. To verify collected data, a mass balance calculation will be performed for all flows entering the City’s Water Reclamation Facility (WRF). This step is intended to address any influence from backwater conditions from intermittent headworks screen blockages potentially reflected in the flow data. If it is found the backwater conditions from the plant are not impacting the flow meter in Manhole I5012 and subsequently the NFR Interceptor, 302.2 budget will not be used. 3. Historical precipitation and WRF influent data will be reviewed to validate the recurrence interval of the design storm event used for capital improvement planning. Precipitation events will be classified from historical rainfall data collected at the nearest Montana Mesonet weather monitoring station. This step is intended to select a conservative but reasonable design storm for capital improvement sizing and timing to reflect the current local climate. 182 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 5 4. Calibrate average dry-weather flows, diurnals, and RTK parameters for the North Frontage Road Interceptor basin (includes Gallatin, Bridger Creek, Bozeman Creek, and Upper Rouse basins). Up to two (2) significant rainfall events from the historical data collection period will be used for wet-weather flow (WWF) calibration. 5. Evaluate current and future benchmark WWF conditions in the NFR Interceptor against the selected design storm. NFR Interceptor performance against established gravity main criteria will be documented in the final report to identify sections within the Shared- Use Pathway project limits that will require capital improvements (i.e. replacement or parallel) at each benchmark future condition. 303 NFR Interceptor Predesign: Consultant will provide the following services under this subtask. 1. Review of available easement information and corridor constraints provided by the City. 2. Evaluate potential interceptor alignment alternatives and coordination requirements with the proposed Shared-Use Pathway using updated model results. 3. Develop a replacement phasing plan based on model results. 4. Review existing and available asset condition information including available CCTV and maintenance request to identify potential needs for future non-destructive testing investigations. The results of the modeling will be used to inform future CCTV and/or condition assessment needs. 5. Assess constructability, and maintenance of service (bypassing) during future replacement, rehabilitation, or parallel interceptor construction. 6. Develop preliminary design criteria for NFR Interceptor improvements including pipe sizing, alignment and system redundancy criteria. 7. Provide input to the project decision alternative’s matrix. 304 Preliminary Design Cost Estimate: The consultant will develop a Class 4 Engineer’s Opinion of Probable Construction Cost with - 20% to +30% accuracy and a 15% to 20% contingency included in accordance with AACE International (AACE) guidelines. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 305 Predesign Report: Consultant will provide the following services under this subtask. Develop a predesign report (PDR) documenting the following: 1. Hydraulic modeling results and methodology. 183 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 6 2. Sewer improvement extents and timing 3. Alignment evaluation and selection. 4. Design parameters for existing a project future sewer demands. 5. An evaluation of future condition assessment needs. 6. Class 4 Engineer’s Opinion of Probable Construction Cost Task 300 – Deliverables: 1. Updated sanitary sewer collection system hydraulic model 2. Class 4 Engineer’s Opinion of Probable Construction Cost (OPCC) 3. Draft and Final Predesign Report Task 300 – Assumptions: 1. City will provide: a. Planning GIS data (i.e. zoning, future land use, infill, etc. Layers) b. Historical flow monitoring data at Manholes I5012 and I5010 c. Population projections d. Current wastewater collection system hydraulic model files e. Historical WRF influent data (full record, if possible) and lift station operation data (run times, flows, etc.) at the Davis Lift Station and Riverside Lift Station. 2. Flow meter procurement, installation, monitoring and data acquisition will be performed by the City. 3. Flow modeling will be used to evaluate system capacity for existing and forecasted benchmark scenarios (up to a 20-year planning horizon to identify capacity deficiencies). 4. Condition assessment or rehabilitation alternatives will be evaluated pending flow modeling results. It is assumed that condition assessment and / or rehabilitation services or design will be provided under a separate authorization, if such services are necessary. Proposed Fee HDR has developed a detailed scope of services and associated fee proposal for the tasks and activities discussed above. A summary of the proposed fee is provided as Exhibit A. Proposed Schedule Kickoff Meeting ............................................................................................................ August 15, 2026 Task 200 Environmental Review ................................................................................ By End of October 2026 Task 300 Preliminary Design ...................................................................................... By End of January 2027 Items Not Included in the Preliminary Design: The following items are not included in this phase and will be included in subsequent phases of the project as the project is defined. 1. Final Design and Bid Phase Services 2. Construction Administration 184 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 7 Assumptions 1. Model updates will be limited to calibration of RTK parameters upstream of flow monitors deployed for this study, dry-weather flows at the identified planning horizon, and system improvements proposed by this study. It is assumed that the provided model is current and does not require updates to reflect recent system improvements or bring modeled facilities to current conditions. 2. Geotechnical investigations and topographical survey will be performed by others. 3. City will lead communications with the public as necessary. 4. 30% drawings will be developed by Sanbell. 185 Activity Tasks Total Hours Project Manager Sr. Engineer Design Engineer Environmental GIS Specialist Sanitary Engineer 100 Project Management and Administration 101 Project Startup, Coordination and Contracts 22 22 102 Kickoff and Coordination Meetings/Workshops 24 11 4 4 5 100 0 100 0 100 SUBTOTAL (HOURS)46 33 4 0 4 0 5 200 Environmental Review 201 Wetland Delineation - Filed Work 38 38 Wetland Delineation - Report 30 2 2 4 14 8 102 0 102 SUBTOTAL (HOURS)68 2 2 4 52 8 0 300 Preliminary Design 301 Wastewater Flow Forecasting 26 4 2 20 302 Evaluation of North Frontage Road Interceptor 66 4 2 60 WRF Flow Mass Balance 24 24 304 NFR Interceptor Predesign 122 30 12 80 305 Preliminary Design Cost Estimate 26 14 2 10 306 Predesign Report 84 14 6 40 12 12 103 SUBTOTAL (HOURS)348 66 24 130 0 12 116 Total Project HoursTotal Project Hours 462 101 30 134 56 20 121 PROJECT: N. Frontage Waste Water Interceptor Predesign Estimate Prepared By: HDR DATE: 08/19/2026 PHASE ACTIVITIES Page 1 of 1 Exhibit A 186 Hours % of total Rate Extension 101 22%79.33 8,012.33 30 6%83.50 2,505.00 121 26%47.04 5,691.84 134 29%36.56 4,899.04 Environmental 56 12%53.60 3,001.60 GIS Specialist 20 4%55.13 1,102.60 462 LABOR SUBTOTAL $25,212.41 1.85 OVERHEAD SUBTOTAL $46,642.96 TOTAL LABOR/OVERHEAD $71,855.37 Hours 462 Per Hour Title commitments Parcels Per Parcel $300 Vehicle Rental Days Per Day $50 Miles 300 Per Mile $0.880 Current IRS Rate 264.00 Airline Trips Trips Per Trip Days 1 Per Day $300 Current IRS Rate 300.00 Days 4 Per Day $75 Current IRS Rate 300.00 Parking/Gas 2 50 100.00 TOTAL DIRECT NONLABOR $964.00 R/W Appraisals, Negotiation & Acquisition Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report Noise Study Traffic Study/Report Biological Resources Studies/Report Surveys Subsurface Utility Engineering (Phase lI) Hazardous Materials (Initial Site Assessment) Landscaping Plans Electrical/Lighting Signalization etc. Aerial Photography/Mapping Other Drilling Contractor TOTAL OUTSIDE SERVICES AND SUBCONTRACTS Total Labor/ Overhead 71,855.37 Total Direct NonLabor 964.00 Total Outside Services & Subcontracts 12%Profit (12% of Total Labor Costs)8,622.64 TOTAL ESTIMATED COST $81,442.01 PROJECT: N. Frontage Waste Water Interceptor Predesign Estimate Prepared By: HDR DATE: 08/19/2026 Mileage Lodging Meals Other TOTAL HOURS GENERAL OVERHEAD @ DIRECT NONLABOR Design Engineer COST SUMMARY OUTSIDE SERVICES AND SUBCONTRACTS RECAPITULATION Miscellaneous (Blueline prints, Computer Project Manager Sr. Engineer Sanitary Engineer Page 1 of 1 Exhibit A 187 July 23, 2026 Sanbell - Rocky Mountain c/o Danielle Scharf, P.E. 106 East Babcock Street, Suite L1 Bozeman, MT 59715 Subject: North Frontage Road Wastewater and Shared Use Pathway Improvements Right-of-Way Acquisition Services Proposal Dear Danielle, The following is a proposal for Clear Route Real Estate, LLC to provide services for the Sanbell - Rocky Mountain project referenced above and as described in the Project Intent section to follow. This proposal establishes the scope of services and budget between Clear Route Real Estate, LLC (hereinafter “Clear Route”) and Sanbell - Rocky Mountain to be provided to the project client, The City of Bozeman, attached as Exhibit A. Project Intent We understand the City of Bozeman is planning to construct pedestrian pathway and sewer main improvements along the Frontage Road near Springhill Road in the near future. As part of the design process, Clear Route will provide right-of-way (R/W) acquisition services to be completed in two phases. The first phase will be to coordinate with up to five parcels with property impacts, additionally coordinating with MDT and BNSF. The second phase will be to conduct acquisition services to acquire real property interests to allow the City to construct the pathway and sewer improvements. The second phase to be completed under a contract amendment once preliminary designs are completed. Thank you for including our team to assist with this project. Feel free to call me at 406-208-7919 if you have any questions regarding this proposal. If it meets your approval, please mail or email this signed and dated agreement to our office at P.O. Box 6162, Bozeman, MT 59771 or tgaddo@clearroute-re.com. Thank you. Sincerely, Clear Route Real Estate Tony Gaddo, P.E., REALTOR® Senior R/W Consultant, Broker/Owner Enclosures 188 Frontage Road Wastewater and Path Improvements Page | 1 7/23/2026 EXHIBIT A Scope of Services The scope of services is detailed below. 1. Project Research a. Obtain and review available preliminary design plans and project documentation b. Coordination meeting with the project team members c. Obtain current deeds and ownership information for up to five parcels d. Research and document existing road R/W along the Frontage Road, Moss Bridge Road, Springhill Road, Cambell Road and Reeves Road. 2. Initial Property Owner Contact a. Compile contact information for up to five parcels b. Prepare project information for meetings with private property owners, the Montana Department of Transportation (MDT), and BNSF Railway (BNSF). c. Initiate contact with owners of up to five parcels of land, MDT, and BNSF to begin pre-acquisition discussions to determine which parcel(s) to acquire R/W from and determine the needs of MDT and BNSF. d. Conduct meetings with affected property owners. It is assumed each of the five private property owners, MDT, and BNSF will require one meeting. e. Team coordination 3. R/W Cost Estimate a. Provide a preliminary R/W cost estimate to document the anticipated costs for land acquisition based on the preliminary preferred pathway alignment and impacts to adjacent property as determined by the Client. One preliminary estimate and one final estimate will be prepared. b. The cost estimate will include a review of the real estate market to estimate land values for impacted parcels. c. R/W design services are not included in this contract. d. Team coordination Schedule Clear Route and Sanbell will work together to create a schedule outlining key milestones for starting and completing the project. This schedule will reflect realistic timeframes for services provided by Clear Route and Sanbell’s other consultants and will incorporate anticipated review and approval periods by Sanbell and the City of Bozeman. The schedule will remain flexible and may be revised throughout the project to accommodate changes in scope or design, or to address delays or other factors outside Clear Route’s control. Budget and Invoicing Clear Route will bill for its services with a total maximum cost of $7,700.89, as detailed on the attached fee summary. 189 Frontage Road Wastewater and Path Improvements Page | 2 7/23/2026 Clear Route Real Estate will submit monthly invoices to the Client for services performed during the prior billing period, typically aligning with the calendar month and spanning approximately 30 days. Each invoice will itemize, as applicable, charges based on time, as well as any costs for subcontracted consultants, reimbursable expenses, and profit. Invoices will be issued promptly following the end of each billing period and will be due upon receipt by the Client. 190 PROJECT: Activity Tasks Total Hours R/W Agent/Manager PRELIMINARY RIGHT OF WAY 110 Project Research 15 15 110 Initial Property Onwer Contact 25 25 110 R/W Cost Estimate 8 8 110 110 110 110 SUBTOTAL (HOURS)48 48 0 0 0 0 0 0 R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0 Total Project HoursTotal Project Hours 48 48 0 0 0 0 0 0 PREPARED BY: DATE: Clear Route 7/23/2026 Frontage Path/Sewer Improvements Proposal Revised 7/23/26 Page 1 of 2 191 PROJECT: Hours % of total Rate Extension 48 100% 65.00 3,120.00 48 $3,120.00 1.171 $3,653.52 $6,773.52 0.00 Hours Per Hour $10 0.00 Title commitments Parcels Per Parcel $650 0.00 Vehicle Rental Days Per Month $271 GSA 0.00 Miles 158 Per Mile $0.725 GSA 114.55 Airline Trips Trips Per Trip $800 0.00 Days Per Day $118.80 GSA 0.00 Days Per Day $68.00 GSA 0.00 Days Per Day $51.00 0.00 $114.55 $0.00 6,773.52 114.55 0.00 812.82 $7,700.89 Meals (1st and last day) Meals (full day) DIRECT NONLABOR Miscellaneous (Blueline prints, mylars, multilith paper, telephone, TOTAL LABOR/OVERHEAD LABOR SUBTOTAL COST SUMMARY PREPARED BY: DATE: Frontage Path/Sewer Improvements Proposal Clear Route 7/23/2026 OUTSIDE SERVICES AND SUBCONTRACTS TOTAL DIRECT NON-LABOR TOTAL HOURS R/W Agent/Manager OVERHEAD SUBTOTAL Other GENERAL OVERHEAD @ Computer Mileage Lodging Biological Resources Studies/Report Surveys Subsurface Utility Engineering (Phase lI) Hazardous Materials (Initial Site Assessment) R/W Appraisals, Negotiation & Acquisition Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report Noise Study Traffic Study/Report TOTAL OUTSIDE SERVICES AND SUBCONTRACTS TOTAL ESTIMATED COST Profit (12% of Total Labor Costs) Total Labor/Overhead Total Direct Non-Labor Total Outside Services & Subcontracts RECAPITULATION Landscaping Plans Electrical/Lighting Signalization etc Aerial Photography/Mapping Other Drilling Contractor Revised 7/23/26 Page 2 of 2 192 August 19, 2026 Proposal P-26130-R2 Ms. Danielle Scharf, PE Sanbell Via Email: dscharf@sanbell.com Dear Danielle: Re: Revised Proposal for a Preliminary Geotechnical Evaluation, Proposed North Frontage Road Wastewater Shared Use Pathway, Bozeman, Montana As you requested on July 21, 2026, we are pleased to furnish this proposal for a preliminary geotechnical evaluation for the above-referenced site. This proposal has been revised to remove the soils borings and laboratory testing from our scope. We will furnish the services described for a lump sum of $5,865 in accordance with our attached scope of services. If additional services are needed, we will contact you for additional authorization. If this proposal is acceptable, we have assumed you will prepare an agreement for our review and signature. Current scheduling would permit us to begin the fieldwork within about 2 to 3 weeks after authorization to proceed, weather permitting. We anticipate the fieldwork will take one day for the engineering reconnaissance. Approximately three to four weeks will then be required for preparation of the preliminary engineering report, unless there are delays due to circumstances beyond our control. We appreciate the opportunity to present this proposal. If you have any questions, please contact us at your convenience. Sincerely, Cory G. Rice, PE Senior Engineer Dustin P. Hutzenbiler, PE Reviewing Engineer Attachments: Proposed Scope of Services 2511 Holman Avenue P. O. Box 80190 Billings, Montana 59108-0190 p: 406.652.3930; f: 406.652.3944 www.skgeotechnical.com 193 Sanbell August 19, 2026 Proposal P-26130 – R2 Page 2 Proposed Scope of Services Description of Project The purpose of the preliminary geotechnical evaluation will be to develop concept level alternatives for the trail passing through the 19th Avenue Overpass area, develop preliminary trail section thicknesses and preliminarily delineat areas of soft, unstable soils. This work is to be developed through visual observations only and subsurface soil borings or laboratory testing will be completed at a later date. The proposed project will consist of constructing a multi-use pathway near the existing wastewater treatment plant and North Frontage Road in Bozeman, Montana. The pathway will extend from about Prince Lane and travel parallel to the existing Frontage Road to the intersection with Moss Road and then travel along Moss Road to Springhill Road. Three different options are then being considered to extend the pathway along Campbell Road or through a mostly open area until it reconnects with the existing Frontage Road. The pathway will then generally run parallel to the existing Frontage Road to the end of the project near the Cherry River fishing access. We assume the pathway will have a width of about 10 feet and will primarily be used for support of foot and bicycle traffic. Some intermittent truck traffic will be required to allow the City to access sewer manholes along the trail alignment. No structures are indicated at this time, but special consideration will be needed if the trail is to extend through the existing 19th Avenue overpass opening such as retaining walls or a tunnel. We have also assumed the new pathway will be paved with hot mix asphalt. We will use the preliminary plans provided for our geotechnical reconnaissance. We have assumed the ground surface will be free of snow during our reconnaissance. We have also assumed our current insurance amounts are acceptable, and we can provide you with a certificate of insurance. Scope of Services Geotechnical Reconnaissance. We propose to have a senior geotechnical engineer travel to the site to review the proposed pathway alignment(s), paying particular attention to the proposed crossing through the 19th Avenue Overpass. At this time, we will also observe and delineate areas where soft or wet ground conditions are anticipated that may require special subgrade preparation considerations such as subexcavation, geosynthetics and/or increased gravel thicknesses Preliminary Geotechnical Report. For the 19th Avenue overpass crossing, we will review the as-built documents for the overpass structure and assist in developing concept level alternatives for extending the pathway through the overpass opening. Potential alternatives could consist of retaining wall(s) or a tunnel through the approach embankments. We anticipate a virtual meeting with you, the City and MDT personnel may be required to discuss potential alternatives. A preliminary geotechnical engineering report will then be prepared. The report will provide preliminary recommended trail typical sections. We propose to provide a typical section for a stable subgrade and one alternatives for unstable subgrades. 194 Sanbell August 19, 2026 Proposal P-26130 – R2 Page 3 Final sections will need to be determined after site-specific soil borings are completed. We will also summarize the areas where we anticipate additional subgrade treatment may be required based on our visual observations. It should be noted that additional specific borings, dynamic cone penetrometers and/or hand auger borings will be required to better evaluate suspected soft areas, and we assume this will be completed in a supplemental phase prior to final design. The preliminary geotechnical report containing details of our observations and preliminary recommendations will be prepared on 8 1/2- by 11-inch letter format. One digitally signed electronic copy will be emailed to you followed upon completion. Hard copies will not be provided, unless requested. 195 27North Frontage Road Wastewater and Shared Use Pathway Improvements Appendix A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ______________________________________ 196 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Cola Rowley, Assistant City Manager SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with OnSite Energy for the Bozeman Public Library Solar Photovoltaic (PV) Expansion Project MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with OnSite Energy for the Bozeman Public Library Solar Photovoltaic (PV) Expansion Project. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:On December 9, 2025, the Bozeman City Commission approved the Professional Services Agreement (PSA) with OnSite Energy for the Bozeman Public Library Solar PV Expansion Project, adding a 36.96 kW (DC) rooftop solar array and retaining the original 16.72 kW (DC) array. Amendment 1 to the PSA expands the scope of work to include a solar performance monitoring eGauge data logger that is capable of capturing solar production from both the legacy and new solar arrays. After additional investigation, the solar inverter provider notified OnSite Energy that the legacy solar inverter could not be monitored using their standard monitoring package. OnSite Energy identified an alternative eGauge monitoring package for an additional negotiated fee. The system will provide long-term remote monitoring for performance and system maintenance. Amendment 1 to the PSA includes an expanded scope of services that incorporates rooftop fall-restraint anchors for safe installation and long-term maintenance of the solar array. The City's contracted structural engineer, TD&H Engineering, reviewed several alternative anchor solutions. The travel- restraint anchors were selected based on structural suitability, safety, and cost. UNRESOLVED ISSUES:None. 197 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated fee for Amendment 1 is not to exceed $9,150, increasing the PSA total to $125,214. The Department of Energy's Energy Efficiency Conservation Block Grant allocation of $116,320 will fund the majority of the total project cost. Amendment 1 is funded by project 'GF362 - Solar Panel Arrays' in the Sustainability Division Capital Improvement Plan, where sufficient funding is available. Attachments: Amendment_1_PSA_OnSite_Energy_Bozeman_Library_PV_Expansion_Project.pdf Report compiled on: September 3, 2026 198 First Amendment to Professional Services Agreement for the Bozeman Public Library Solar PV Expansion Project FY 2026 – FY 2027 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE BOZEMAN PUBLIC LIBRARY SOLAR PV EXPANSION PROJECT dated December 9, 2025 (the “Agreement”) is made and entered into this 15th day of September, 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 OnSite Energy, Inc, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Addition to Scope of Services. Contractor will provide additional services set forth in Exhibit A, which is hereby incorporated in and made part of this Amendment. 2.Agreement Amount. The Agreement amount is increased by $9,150 as specified in Exhibit A. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 199 First Amendment to Professional Services Agreement for the Bozeman Public Library Solar PV Expansion Project FY 2026 – FY 2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ONSITE ENERGY, INC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Orion Thornton Title: Partner/CTO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 200 Page 1 of 1 Onsite Energy, Inc. 1515 N. Rouse Ave. Bozeman, MT 59715 (406) 551-6135 accounting@onsiteenergyinc.com Exhibit A ADDRESS Bozeman Public Library 626 E Main St Bozeman, MT 59715 ESTIMATE 3319 DATE 08/06/2026 ACTIVITY AMOUNT Solar Electric System eGauge Energy Monitoring System Provide and install one (1) eGauge energy monitoring system, including: --(1) eGauge EG4215-64E WiFi Core Energy Meter --(6) 50A Current Transformers (CTs) --(1) 277V Power Whip --(1) NEMA 4X Enclosure --Installation, programming, commissioning, and integration with the PV system 3,650.00 Solar Electric System Permanent Roof Fall Protection System Includes: --(5) Miller Fusion™ Roof Anchor Posts --Roof flashing and weatherproofing --Installation labor --Associated roofing work required for installation. 5,500.00 TOTAL $9,150.00 Accepted By Accepted Date 201 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Second Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Second Amendment with High Country Paving, Inc. for City Hall Parking Lot Replacement Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:This project is to tear out and replace the parking lots, including preparing the surface for paving by grading and compacting the parking lot base before repaving with 3” hot mix asphalt and restriping the parking lots. A small portion of the parking lot is currently bare road mix, to be replaced with asphalt paving. Several sections of sidewalk, curbs and concrete approaches will be remediated as well. This second amendment addressed the rehabilitation of unsuitable soils beneath a concrete apron which was a previously unknown condition. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by City Commission. FISCAL EFFECTS:This amendment will add $1,645.00 to an existing $89,279.40 contract to be paid from the GF396 - City Hall Parking Lot Replacement capital project budget. Attachments: 2026 Construction Agreement Second Amendment (High Country Paving - City Hall Parking Lot).pdf Report compiled on: August 27, 2026 202 002 Amendment to Construction Agreement for City Hall Parking Lot Repaving FY 2027 – FY 2028 Page 1 of 2 SECOND AMENDMENT TO CONSTRUCTION AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR _High Country Paving, Inc._ dated _August, 18th, 2026_ (the “Agreement”) is made and entered into this _15th_ day of _September_, 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 _High Country Paving, Inc._, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Payment Section 4 of the Agreement is altered to include an additional charge in the amount of $1,645.00 for modifications. Please see Exhibit A. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 203 002 Amendment to Construction Agreement for City Hall Parking Lot Repaving FY 2027 – FY 2028 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA HIGH COUNTRY PAVING, INC. By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Chance Ellis Title: Estimator APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 204 This work is covered by a 2 year warranty. Warranty does not cover failure of asphalt or concrete due to base work not installed by High Country Paving, Inc. Application of all warranty provisions is conditional upon full payment of the contract. Page 1 of 1 Estimate: ADDRESS City of Bozeman. City of Bozeman City of Bozeman PO Box 1230 20 East Olive Bozeman, MT 59771-1230 ESTIMATE:3098-CE DATE 08/27/2026 LOCATION City Hall Parking Lot MEMO Subbase Repair ITEM DESCRIPTION QTY UNITS RATE AMOUNT Excavation Excavate 12" of existing soils. - Clay removal and disposal 100 SF 5.25 525.00 Road Fabric Furnish and install Woven Geotextile separation fabric (Mirafi 180N) 100 SF 3.25 325.00 Grading (SF)Furnish and install recycled asphalt 12" in depth - Grade and compact millings for sub base 100 SF 7.95 795.00 Notes: 1) Does not include traffic control. 2) Does not include engineering, surveying, or testing. 3) Does not include permits. 4) Does not include site preparation. (Unless specified above.) TOTAL $1,645.00 Accepted By Accepted Date 205 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III SUBJECT:Authorize the City Manager to Sign Amendment 4 to Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering Providing for Construction Phase Services for the Water Reclamation Facility Solar Project MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 4 to Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering Providing for Construction Phase Services for the WRF Solar Project STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The City Commission authorized a construction contract award to OnSite Energy for the Water Reclamation Facility (WRF) Solar Project on August 18, 2026. Construction phase services are needed to administer the construction contract to ensure the work is completed in conformance with the project plans and specifications. HDR Engineering prepared the project plans and specifications for the project under Task Order 3 of the professional services master task order agreement. Amendments 1 thru 3 of Task Order 3 respectively provided for two rounds of bidding phase services and direct contract negotiations support. The attached Amendment 4 adds construction phase services to Task Order 3. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated cost for Amendment 4 is not to exceed $106,15.67. The total cost for Task Order 3 as amended amounts to $257,302.67. Amendment 4 is funded by project ‘WW155 – WRF Solar Arrays’ in the wastewater fund capital improvements plan. Sufficient funding is available. Attachments: Amendment 4 TO 3 BZN Solar.pdf 206 Report compiled on: September 2, 2026 207 AMENDMENT NO. 4 TO AGREEMENT WRF ON CALL TASK ORDER NO. 3 FOR ENGINEERING SERVICES WHEREAS: The CITY OF BOZEMAN (“City”) and HDR ENGINEERING, INC. (“HDR”) entered into an agreement on July 22, 2025, said agreement being Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, to perform engineering services for the final design of the WRF Non-Export Solar Power Installation Project (“WRF Solar Project”); The City desires to amend this Task Order No. 3 Agreement (the “Agreement”) in order for HDR to perform services beyond those previously contemplated; and HDR is willing to amend the Agreement and perform the additional engineering services as set forth in this Amendment No. 4 to Task Order No. 3. NOW, THEREFORE, HDR and the City do hereby agree: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below: Attachment A – Task Order No. 3 Scope of Work is hereby amended to add the Scope of Services attached hereto as Attachment A. The attached Scope of Services outlines HDR’s responsibilities during the construction phase of the WRF Solar Project and is incorporated into the Agreement by this reference. Exhibits A and B, attached hereto, are hereby incorporated into the Agreement by this reference and shall govern the Engineer’s construction-phase services and resident project representative services under this Amendment. Compensation Section shall be amended as follows: The tasks will be requested and directed by the City and HDR will work to complete the requests on a time and materials basis, as directed up to the funds available. Total not-to-exceed time & materials fee increase of this Amendment No. 4 to be $106,815.67, providing for an amended Agreement total of $257,302.67. 208 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below: HDR ENGINEERING, INC. ("HDR") ______________________ ("________") By:____________________________ By:_______________________________ Title:___________________________ Title:______________________________ Date:_________________________ Date:_____________________________ 209 1 ATTACHMENT A – CITY OF BOZEMAN, MONTANA WRF SOLAR GENERATION PROJECT CONSTRUCTION PHASE SCOPE OF SERVICES The scope of services identified herein are organized into the following major tasks and associated with the construction phase of the solar generation project at the water reclamation facility (WRF). Task 100 Project Management Task 200 Contract Administration Task 300 Construction Observation Task 400 Integration Services A detailed description of each task, and the associated subtasks proposed in this scope of services, follows: Task 100. Project Management Objective Manage the professional services Contract to provide completion of the WRF Solar Generation Project. This will be an increase to the current task to include project management tasks during construction. Subtasks 101 Project Management. Includes project startup, preparing monthly invoices, and progress reports. Progress reports will summarize the work progress to date, the budget expenditures to date, and identify information requirements or decisions that need to be made by the City of Bozeman (City). Task 100 Deliverables • Project progress reports, budget report, and invoices. City Involvement • Review project status reports and approve invoices. • Review and approve modifications to approach, schedule, and deliverables as appropriate. 210 2 Task 200. Contract Administration Objective Provide Contract Administration services throughout the construction period, provide technical consultation, and assist the City with project closeout. Subtasks 201 Construction Administration. Specific services to be performed by HDR under this task include the following: • Review of Schedule of Values and Progress Schedule submitted by the Contractor, and review of the Submittal Schedule, which shall identify shop drawings, samples and submittals required by the contract for construction, along with the anticipated dates for submission. • Conduct general correspondence with the Contractor as required to facilitate the project, for the contract duration listed in the bid documents. 202 Pay Request Review. Specific services to be performed by HDR under this task include the following: • Review monthly progress payment requests and submit payment recommendations. 203 Change Order Review. Specific services to be performed by HDR under this task include the following: • Prepare Work Change Directives (WCD) and Change Orders. Evaluate Contractor’s proposals with independent estimates of cost and time impacts. • Respond to Requests for Information (RFIs), inquiries, and suggestions submitted by Contractor. Coordinate and maintain log of Contractor submittals and RFIs. Five (5) RFIs are assumed for this effort. 204 Shop Drawing Review. Specific services to be performed by HDR under this task include the following: • Review shop drawings, material data, material samples, test results, operations and maintenance manuals, and other documents submitted by the Contractor for compliance with the construction plans and specifications. All testing to be provided by others. 205 Status Meetings. Specific services to be performed by HDR under this task include the following: • Conduct one (1) in-person pre-construction conference and distribute the agenda and meeting minutes to attendees. One (1) HDR staff member will attend the pre- construction meeting. • Conduct bi-weekly virtual (via Teams) progress meetings with the Contractor, Subcontractors, and City staff to review project progress, schedule, budget, information 211 3 needs, community coordination, and miscellaneous project-related items. Progress meetings are anticipated to last for a 20-week period in total. Meetings are anticipated to last one (1) hour and will be attended by up to two (2) HDR staff. A total of 10 meetings are planned, and meetings will need to be limited during quiet times in the project to preserve this effort. 206 Closeout. Specific services to be performed by HDR under this task include the following: • Conduct substantial completion inspection, prepare punch lists, and establish the contractual warranty period for construction work, and in accordance with the project specifications. • Conduct final inspection using substantial completion punch lists. The final inspection shall take place after infrastructure has been completely installed in accordance with approved plans and specifications. Task 200 Deliverables • Pre-construction Conference Agenda and Meeting Minutes. • Copies of Reviewed Shop Drawings. • Progress Payment Recommendations. • Copies of RFIS, WCDS, Change Proposals, etc. • Weekly Construction Meeting Agenda and Meeting Minutes. Task 300. Construction Observation Objective Provide limited on-site observation during active construction, monitor the performance of the Contractor, and assist in responding to events that occur during construction or during critical construction activities. Subtasks 301 Construction Observation. Provide general on-site observation and monitoring of construction, and Contractor’s operation. The budgeted level of effort will be based on providing observation for 50 (fifty) hours including travel time by local staff from the Bozeman HDR office and two (2), six (6) hour workdays plus travel time by the electrical engineer from the Kalispell HDR office. The intent of this schedule is to be on site during key construction activities including foundation pull testing, vacuum excavation, notable electrical equipment installation, and utility interconnection tie-in. HDR's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. HDR shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. HDR shall not be responsible for the acts or omissions of the contractor or other parties on the project. HDR shall be entitled to 212 4 review all construction contract documents and to require that no provisions extend the duties or liabilities of HDR beyond those set forth in this Agreement. The City of Bozeman agrees to include HDR as an indemnified party in the City of Bozeman’s construction contracts for the work, which shall protect HDR to the same degree as the City of Bozeman. Further, the City of Bozeman agrees that HDR shall be listed as an additional insured under the construction contractor’s liability insurance policies. Task 300 Deliverables • Field Reports and Photos. Task 400. Integration Services Objective Assist City staff with the integration of the solar generation system into the City’s existing telemetry system and SCADA software. Subtasks 401 Integration Services. During the construction and implementation phase of the project, HDR integrators will perform PLC programming and software development to integrate the telemetry system only when requested by City staff. It is assumed that this will utilize the City’s current Ignition software platform, and that the City is completing the bulk of integration. Services by HDR will be performed by request of the City as needed during the integration process up to a total of 30 hours. Requested services may include: • SCADA screen development. • Configure and install Human Machine Interface (HMI) software including alarming software. • Program controllers, local operator interface terminals (OIT), and radios. • Perform loop checks and verifications in conjunction with the electrical contractor and Town personnel. • Perform system startup and commissioning. Task 400 Deliverables • As Requested. City Involvement • Lead the system integration efforts. • Provide clear scope for each requested service. 213 Fee Estimate as of 08/24/2026 Client: City of Bozeman Project: Amendment - Construction phase tasks. Principal 4.00 QA/QC 8.00 Electrical Engineer 158.00 Project Manager 160.00 EIT/Designer 122.00 Project Admin 8.00 Accountant 12.00 Controls/Integration 30.00 Total Hours 472.00 Total HDR Labor $103,949.83 Total ODC $2,865.84 Total Subcontractors $0.00 Total Fee $106,815.67 214 BILLING CLASSIFICATION Principal/ Sr. Technical Advisor 250.00$ -400.00$ Sr. Engineer/ Sr. Project Manager 250.00$ -400.00$ Project Manager 180.00$ -350.00$ Project Engineer 150.00$ -250.00$ Design Engineer/EIT 100.00$ -200.00$ CADD/GIS/Technician 100.00$ -200.00$ Controls/Integration 100.00$ -300.00$ Project Admin and Support 85.00$ -200.00$ Environmental Specialist 100.00$ -250.00$ Strategic Comm/Graphics 100.00$ -250.00$ Construction Management/Inspection 100.00$ -300.00$ Economics/Project Controls 100.00$ -300.00$ Right-of-Way Specialist 100.00$ -250.00$ SUBSISTENCE (PER DIEM) TRAVEL Vehicles $0.88 /mile Rental Vehicles & Aircraft $Actual Cost /mile MONTANA AREA Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. 2026 CHARGEABLE EXPENSE SCHEDULE Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. 2026 HOURLY RATE SCHEDULE RATE RANGES Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific 215 TELEPHONE/FAX/POSTAGE SPECIAL EQUIPMENT CHARGES GPS - Handheld $20 /hr. Survey Equipment $50 /hr. UTV $350 /day Other equipment to be determined as necessary SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.)$50 /mile SUBCONSULTANTS OVERHEAD Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included in the hourly billing rates. Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at 2026 CHARGEABLE EXPENSE SCHEDULE (continued) Subconsultants and expenses may be subject to markup 216 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and HDR Engineering, Inc. (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as 217 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 218 3 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 219 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and HDR Engineering, Inc. (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 220 2 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific 221 3 observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 222 4 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 223 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Coordinator David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order 1 with Cascadia Partners for Economic Development and Community Housing Services MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order 1 with Cascadia Partners for economic development and community housing services. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Cascadia Partners was selected alongside Economic and Planning Systems for a five year term contract following a competitive request for proposals (RFP) process. Cascadia will provide highly technical professional services to support the City's economic development and community housing programs. The Task Order 001 will allow Staff to utilize Cascadia's expertise on an as- needed, time and materials basis as relevant opportunities arise. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Task Order 1 for economic development and community housing services is a time and materials task order not to exceed $20,000. The money is available in the professional services budget line item for the Economic Development Department, the North Park Urban Renewal District, the Northeast Urban Renewal District, the Midtown Urban Renewal District, and the South Bozeman Technology District. Attachments: Cascadia Task Order 1.pdf Report compiled on: August 31, 2026 224 City of Bozeman Term Contract with Cascadia Partners Task Order Number 1: Cascadia Partners PROJECT: Economic Development and Community Housing Services Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Cascadia Partners to support Economic Development and Community Housing programs. This Task Order is dated September 15, 2026 between the City of Bozeman Economic Development Department and Cascadia Partners (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Economic Development Program Manager Contractor: Alex Joyce, Partner SCOPE OF WORK: Housing and Economic Development real estate advisory services on a time and materials basis. COMPENSATION: EPS will bill for its services on a time and materials basis with a project total not-to-exceed $20,000. The provisions of the Professional Services Agreement Term Contract shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Cascadia Partners Chuck Winn Alex Joyce City Manager Partner 225 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:A Resolution Adopting Corrected Resolution Numbers to Correct an Administrative Error MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt A Resolution Adopting Corrected Resolution Numbers to Correct an Administrative Error 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:On August 25 the City Clerks' Office identified a numbering error due to typographical error on the spreadsheet assigning numbers resulting in the duplication of Resolutions 2026-28 through 2026-45. The attached resolution assigns new numbering in alignment with what their correct numbers should have been but for the typographical error. This Resolution will be numbered at the end of the corrected sequence to continue the numbering going forward. The City Clerks' Office will link this resolution with all corrected resolutions and indicate on the affected resolutions the corrected number to display in the Laserfiche repository. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the City Commission FISCAL EFFECTS:None Attachments: Resolution Numbering Correction.docx Report compiled on: September 1, 2026 226 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO CORRECT RESOLUTION NUMBERING DUE TO ADMINISTRATIVE ERROR. WHEREAS, 7-5-4201(2), MCA states that “All ordinances, bylaws, and resolutions must be passed by the council and approved by the mayor or the person acting in the mayor's stead and must be recorded in a book kept by the clerk, called "The Ordinance Book", and numbered by numerical decimal system in the order in which they are passed or codified.”; and WHEREAS, Resolution 5669, adopted December 17, 2024 prescribed the form and number of City Commission Resolutions to be numbered in the order in which they are finally adopted by the City Commission with the four-digit year of adoption following by a sequential number; example: YYYY-##; and WHEREAS, the City Clerk is the employee designated to keep the register of ordinances; and WHEREAS, the City Clerk identified that due to a typographical error in the numbering sequence of Resolutions adopted between June 21, 2026 and August 18, 2026, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 227 SECTION 1 The numbering of adopted resolutions shall be amended as follows: Error Correct Date Adopted Title 2026-45 2026-75 8/18/2026 Resolution Adding Transportation Safety to the City of Bozeman Strategic Plan 2026-44 2026-74 8/18/2026 Resolution Establishing a 23% increase to Parks and Trails Special District Assessments for Fiscal Year 2027 (FY27) 2026-43 2026-73 8/18/2026 Resolution Establishing a 15% increase to Street Maintenance District Assessments for Fiscal Year 2027 (FY27) 2026-42 2026-72 8/18/2026 Resolution Establishing a 20% Increase to Tree Maintenance District Assessments for Fiscal Year 2027 (FY27) 2026-41 2026-71 8/18/2026 Resolution Establishing a 3% increase to Arterial and Collector Street Special District Assessments for Fiscal Year 2027 (FY27) 2026-40 2026-70 8/18/2026 Adopting Rates and Fees for Water, Wastewater, Stormwater, and Solid Waste Services for FY27 & FY28 2026-39 2026-69 8/18/2026 Adopting Transportation and Engineering Fee Schedule 2026-38 2026-68 8/18/2026 Adopting Planning Fee Schedule for FY27 2026-37 2026-67 8/18/2026 Establishing and Affixing Property Tax Mill Levies for Fiscal Year 2027 2026-36 2026-66 8/18/2026 Establishing Compliance with REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE for WRF & Shops 2026-35 2026-65 8/18/2026 Confirmation of Police Officers 2026-34 2026-64 8/18/2026 Creation of Special Improvement Lighting District 799 ANNIE SUB PH II LOT 5C-1 AND OS A-1 2026-33 2026-63 8/4/2026 Adoption of the 5211 Baxter Lane Annexation, Annexing 163.9 acres, Application 24570 2026-32 2026-62 8/4/2026 Adoption of the 1071 Story Mill Road Annexation, Annexing 1.173 acres, Application 25525 2026-31 2026-61 8/4/2026 Adoption of the 133 Maus Lane Annexation, Annexing 5.13 acres Including Adjacent Right-of- Way, Application 25213 2026-30 2026-60 8/4/2026 Authorizing Change Order No. 5 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project 2026-29 2026-59 7/21/2026 Intent to Create SILD 799 228 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of September, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 229 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Nicholas Ross, P.E., Director of Transportation and Engineering Erin George, Director of Community Development SUBJECT:Ordinance, Final Adoption of a Text Amendment modifying Sections 38.610.030 and 040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120 (Submittal Materials for Review) within Chapter 38 of the Bozeman Municipal Code, Application 26217 MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Adopt Ordinance STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman approved substantial revisions to its Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 [External Link] and since integrated into the overall Unified Development Code. Upon adoption and implementation of the revised standards and processes, staff were made aware of two submittal requirement issues associated with outside agencies. The City relies on the authority of the United States Army Corps of Engineers and Gallatin Conservation District to determine certain natural resource information to enable review of proposed land development that affects watercourse and wetlands. Both agencies have approached City staff following adoption and initial implementation of our code update to note recent changes in policy and practice that leave them unable to provide certain information at the initial submittal phase of a development project or would induce significant delay in review. This change needs to be reflected in the municipal code submittal requirements for land development applications. All City initiated text amendments must be initiated by action of the commission. On May 12, 2026, the Bozeman City Commission acted to start numerous text amendments including authorized staff to consider amending the code to remove these conflicts in the Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026, 230 City Commission agenda [External Link]. As part of the engagement plan for this effort, staff will present the revision to the Sustainability Board for review and comment. Feedback from the Board will be provided to the Community Development Board and City Commission for consideration. Section 38.710.120.A.2, BMC defines nine elements that must be included in a Wetlands and Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination provided by the USACE and (8) A determination of status issued by the Gallatin Conservation District (GCD). Representatives from USACE and GCD have expressed to the city that the demands of these requirements now fall outside of their capacity or internal policy. This conflict requires amendment of city code to allow for a viable path to approval. In addition to adjusting the timing submitting a final determination, if applicable, the text amendment explicitly grants authority to preliminary approve a plan prior to the final determination being issued. All standards and requirements to ensure compliance with adopted codes are required with a development proposal with or without final watercourse determination and permitting by the outside agency. All documentation must be provided before construction begins. The ordinance includes updates and modifications to Sections 38.610.030 (Application of wetland regulations), 38.610.040 (Wetlands Boundary and Jurisdictional Determinations), 38.620 (Watercourse setbacks), and 38.710.120 (Submittal materials for review of activities in or adjacent to wetlands and watercourses). 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. Applicant may be required to modify a preliminarily approved application based on final USACE and Conservation District determination and permitting, if applicable. The Commission provisionally adopted the Ordinance on September 1, 2026 voting 5:0 to adopt. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Text Amendment. Attachments: 26217 Ordinance Wetlands Submittal Provisional Adoption.docx 231 Report compiled on: September 2, 2026 232 ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTIONS 38.610.030 (APPLICATION OF WETLAND REGULATIONS), 38.610.040 (WETLANDS BOUNDARY AND JURISDICTIONAL DETERMINATIONS), 38.620 (WATERCOURSE SETBACKS), AND 38.710.120 (SUBMITTAL MATERIALS FOR REVIEW OF ACTIVITIES IN OR ADJACENT TO WETLANDS AND WATERCOURSES) OF THE BOZEMAN MUNICIPAL CODE WILL BE AMENDED, APPLICATION 26217. WHEREAS, the City of Bozeman has adopted a land use plan, zoning regulations, and a zoning map pursuant to Sections 76-25et.seq., M.C.A.; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; and WHEREAS, after proper notice, the City Commission held a public meeting on May 12, 2026, to receive information on wetlands and watercourse submittal requirements and changing federal regulations and to give direction on preparation of proposed amendments to the City’s wetland submittal requirements; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Planning Commission held a public hearing on August 17, 2026, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board in their capacity as Bozeman Planning Commission recommended to the Bozeman City Commission an Ordinance, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on September 1, 2026, to receive and review all written and oral testimony on proposed Ordinance; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-25-304, and found that the proposed amendments comply with the criteria; and 233 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 has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-25. 2. The City adopted updated regulations and standards to protect and mitigate impacts to wetlands and watercourses in 2025, by Ordinance 2026-04. The City’s regulations have concurrent jurisdiction with other regulatory agencies. 3. The City adopted a land use plan, the Bozeman Community Plan 2025 (BCP 2025), by Resolution 2025-71 to establish policies for development of the community. 4. The BCP 2025, Theme 4 and Theme 7 encourage protection of the natural environment. 5. The US Supreme Court issued a decision in Sackett v. Environmental Protection Agency, 142 S. Ct. 1322 (2023), which significantly altered the scope of authority of the United States Army Corps of Engineers (and the United States Environmental Protection Agency) in regulating wetlands. 6. The reduction in scope of authority of the United States Army Corps of Engineers places the City’s regulations as the primary regulatory protection for many wetlands in Bozeman’s regulatory jurisdiction. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2025, and has found that the required criteria of Montana Code Annotated § 76-25-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The Community Development Board acting in its capacity as the municipal Planning Commission considered the application materials, staff analysis and report, all submitted public comment, and all other relevant information and recommended approval. 10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Planning Commission, all submitted public comment, and all other relevant information. 234 11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this Ordinance are satisfied. 12. The City Commission determines that this Ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by this Ordinance and is necessary to protect public health, safety, and the general welfare. 13. The language included with this ordinance will be the basis for public review of development applications. Section 2 That Section 38.610.030 (Application of wetland regulations), Bozeman Municipal Code shall be amended as follows: A. These regulations apply to any regulated activity as described in which may impact wetlands and which impacts are known prior to, or discovered through the development review process, and which are verified through a site-specific wetland boundary delineation. When any regulated activity is proposed, a wetlands boundary delineation must be conducted. If the wetlands delineation indicates wetlands are not present on or adjacent to the property, the review authority may determine these regulations do not apply. If wetlands exist on the property, the proposed development is subject to these wetland regulations and the provisions of this will be applied in addition to any other applicable regulations of this code. If site conditions exist that indicate wetlands could potentially be present on the property, the review authority may require the following be provided with the submittal of an application for development: 1. A wetlands boundary delineation pursuant to 38.220.130 and 38.610.040 must be prepared by a qualified wetland professional in accordance with the most current version of the USACE Wetland Delineation Manual of the U.S. applicable to the USACE Omaha District and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains. 1. A wetlands boundary delineation pursuant to 38.220.130 710.120 and 38.610.040 must be prepared by a qualified wetland professional in accordance with the most current version of the USACE Wetland Delineation Manual of the U.S. applicable to the USACE Omaha District and Reg … 235 E. The review authority may grant preliminary approval of a development application in conformance with all applicable standards and regulations prior to final Jurisdictional Determination being issued by the USACE and determination of status issued by the Gallatin Conservation District (GCD) as may be applicable to an individual development. Based on the final decision of the USACE or GCD modifications to an approved plan may be required pursuant to section 38.740.120; material modifications to a plat are subject to 38.100.070 and 38.750.090. Section 3 That Section 38.610.040 (Wetlands boundary and jurisdictional determinations) shall be amended as follows: Sec. 38.610.040. - Wetlands boundary and jurisdictional determinations. A. The USACE is the only entity that may issue an Approved Jurisdictional Determination. B. The review authority may rely on the wetland delineation and the Approved Jurisdictional Determination submitted with the application. 1. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands exists or if the applicant chooses to assume federal jurisdiction by entering the Clean Water Act Section 404 permitting process and impacts to the wetlands are proposed, the applicant must submit a copy of the applicant’s Clean Water Act Section 404 permit application to the city concurrent with the application, or prior to final plan approval, for development under this chapter. 2. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands does not exist, and impacts to the wetlands are proposed, the applicant must comply with the regulations of this chapter and obtain approval from the review authority for any impacts and the required mitigation. The city will determine the extent of and means of mitigation subject to. 3. Regardless of jurisdictional status, the city will review the submitted material under local jurisdiction for any regulated activities in a wetland. All development is subject to the review process of 38.230. 4. If federal jurisdiction is later determined to exist, the applicant must comply with any requirements of USACE. 236 5. Approval by the city to impact wetlands in no way implies a determination by the city of USACE jurisdiction or federal regulations. 6. A wetland delineation and boundary determination are valid for the period established by the USACE five years from the original report date. Section 4 That Division 38.620 (Watercourse setbacks), Bozeman Municipal Code shall be amended as follows: … F. The review authority may grant preliminary approval of a development application in conformance with all applicable standards and regulations prior to final Jurisdictional Determination being issued by the USACE and determination of status issued by the Gallatin Conservation District (GCD) as may be applicable to an individual development. Based on the final decision of the USACE or GCD modifications to an approved plan may be required pursuant to section 38.740.120; material modifications to a plat are subject to 38.100.070 and 38.750.090. Section 5 That Section 38.710.120 (Submittal materials for regulated activities in wetlands), Bozeman Municipal Code shall be amended as follows: Sec. 38.710.120. Submittal materials for review of activities in or adjacent to wetlands and watercourses. A. An applicant for a permit under this chapter on a site where wetlands and/or watercourses may be present or adjacent to the subject property must submit a wetlands and watercourses delineation report including the following information: 1. If wetlands or watercourses are not present on or adjacent to the subject property, a letter signed by a qualified wetlands professional must be submitted to the city certifying there are no wetlands or watercourses within the subject property or adjacent to the property and describing the methods used to determine that wetlands or watercourses do not exist on or adjacent to the property. 2. If a wetland or watercourse is present or adjacent to the property, a wetland and watercourse delineation report must be submitted to the city. When required to determine the wetland or watercourse location and function, the delineation report must consider land outside the boundary of the property proposed for development. 237 a. The wetland and watercourse delineation report must include the following which must have been developed within five (5) years of the date of the submission of the report: (1) Wetland and watercourse descriptions; (2) An Approved Jurisdictional Determination provided by the USACE; (3) A functional assessment of the wetland, made in compliance with an assessment tool currently accepted by USACE and/or the State of Montana.; (4) All data collected must support accurate confirmation of the three positive wetland indicators as included in the definition of wetland at 38.700.210; (5) Wetland and watercourse acreages as determined by a licensed surveyor (the review authority may approve the use of other survey grade GPS methods); (6) Maps that depict property boundaries, watercourse centerlines, ordinary high- water marks delineated in accordance with the procedures specified in the current version of the Ordinary High Water Mark Field Delineation Manual for Rivers and Streams sanctioned by the USACE Omaha District, watercourse setbacks, delineated wetland boundaries and buffers, and wetland acreages; (7) Wetland data on forms established by the USACE; (8) A determination of watercourse status issued by the Gallatin County Conservation District; and (9) A narrative description of how the applicant will first avoid and if avoidance is not possible, minimize and mitigate impacts to wetlands and watercourses. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 238 Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. Sections 2-5 of this Ordinance shall be codified as instructed in the individual sections. Section 10 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 239 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 1st day of September 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 240 Memorandum REPORT TO:City Commission FROM:Joey Morrison, Mayor SUBJECT:Bozeman Housing Affordability Civic Dialogue Final Results and Proposed Workplan MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Listen to presentation 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's Strategic Plan (Goal 4.5, Housing and Transportation Choices) calls for a wide variety of actions to expand sustainable, lasting, and attainable housing options for residents and the local workforce. Civic Dialogues — an independent, nonpartisan civic-engagement platform powered by Change.org — partnered with the Mayor's office to ask residents what would improve Bozeman. In an open online input phase, residents submitted and voted on ideas: 28,990 votes on 193 ideas. Using statistical analysis, we identified the most broadly supported “bridging” ideas — those that unite residents across political and demographic lines rather than divide them. The most broadly supported topic was housing affordability. A representative panel of Bozeman residents then took part in a facilitated civic dialogue, working through housing policy options with briefing materials highlighting the pros and cons of each option to identify common- ground policies the City could pursue. The most broadly supported results were compiled into policy recommendations and a proposed workplan. Full results and the final report are online: browse all the ideas at https://civic.changedialogues.org/bozeman/ideas/, or read the final report here https://www.civicdialogues.org/bozeman. A representative of Change.org will present the final results and the proposed workplan of prioritized policies (see attached presentation and report). Where residents' recommendations align with City and Commission priorities, Change.org can support the City at no cost, with researching, drafting policy, and building prototypes staff can react to. 241 UNRESOLVED ISSUES:None. ALTERNATIVES:None FISCAL EFFECTS:None. There is no direct cost to the City to participate. Any items requiring funding would return to the Commission for consideration. Attachments: Bozeman Commission Presentation Sep 15.pdf Report compiled on: September 10, 2026 242 BOZEMAN Civic Dialogue Results and Proposed Workplan Bozeman City Commission · September 15, 2026 Change.org 243 Our Civic Dialogues platform identifies what a cross section of residents agree on across political differences We invite all residents to submit and vote on ideas for their community to identify shared goals that bridge political differences Deliberate & Vote We recruit a representative panel of residents to a live dialogue to identify effective common-ground policies to achieve shared goals Step 2: Civic DialogueStep 1: Civic Input Representative Panel 244 193 IDEAS from over 500 residents. Create a community fund to buy surrounding ranch land when owners sell, to keep the valley from being developed lot by lot. Quit giving concessions to developers. They will build here anyway. A pre-approved housing plans catalogue to speed up well-designed homes by locals, not national developers. Incentivize off-peak road work to limit traffic delays and improve worker safety. Get the highway traffic — trucks — off Main Street. Allow more small-scale commercial (coffee shops, bakeries) in residential areas for walkable neighborhoods. Introduce zoning so new construction is cohesively designed (think Big Sky or Jackson, WY). Create a 100-year water study and plan so we know Bozeman’s maximum sustainable population. In Phase 1, we received 28,990 votes on 245 PHASE 1 Why housing affordability Housing & Development: Manage growth, hold developers accountable, and protect the valley's character while keeping housing accessible. Transportation & Traffic: Get trucks off Main Street, City parking fund for garages, improve road safety, and invest in practical transit solutions. Environment & Resources: Protect trails, conserve ranch land and wildlife habitat, community gardens network 45 IDEAS 6K VOTES 34 IDEAS 4K VOTES 64 IDEAS 11K VOTES Top themes 246 PHASE 2 A mini-public Over 100 residents, reflecting the city, working through housing policy options Bozeman could adopt. REPRESENTATIVE Selected by lottery; representative by age, sex, race and political leaning INFORMED Briefing material arguing both sides of every option DELIBERATIVE Facilitated small-group discussion of every option COMPENSATED Paid stipend to make participation feasible for different schedules and circumstances 247 We found the share of Democrats, Republicans, Independents, renters, and homeowners who supported each statement, then used the lowest of those as the “bridging score.” This way, we identify policies that all groups significantly support. After the Dialogue, we polled all participants on specific policy positions related to housing affordability, derived from community input and expert conversations. Some change in density is acceptable if it helps local workers live in Bozeman UNDERSTANDING THE Bridging Score X ✓✓ X ✓✓ X ✓✓ ✓ X X ✓ X ✓ 90% MIN. SUPPORT ACROSS GROUPS Democrat 94% Republican 92% Homeowner 90%Independent Renter 93% 90% 248 Democrat Republican Independent Renter Homeowner Bridging score A successful Bozeman is one where people who work here — such as teachers, nurses, and service workers — can afford to live within the city limits. 94%100%95%96%93%93% As Bozeman grows, the city should ensure infrastructure — roads, parking, water, sewer, and public services — keeps pace with actual residential density. Neighborhoods experiencing overcrowding effects should be prioritized for capital improvements. 94%100%93%94%92%92% Some change in housing types or density is acceptable if it helps local workers live in Bozeman. 94%92%90%93%90%90% When these goals conflict, keeping housing affordable for local workers should be a higher priority than preserving the city exactly as it is today. 91%67%76%80%84%67% Bridging score = the lowest support among the five groups (shaded). Post-dialogue survey of a representative panel of Bozeman residents. Principles Tested in the Dialogue 249 Policy Actions for the City HOA ADU Amendments. Help Homeowners Associations (HOAs) amend private covenants that prohibit ADUs, and ensure that future HOAs do not prohibit them.88% Pre-Approved Pattern Book Plans. Adopt Pre-Approved “Pattern Book” Plans. Pre-approved architectural plans for ADUs, duplexes, and fourplexes that bypass complex design reviews and receive automatic zoning approval if used on eligible lots.79% Fast-Track Permitting Program. Develop a “Green Tape” program that guarantees expedited review times (e.g., <30 days) for projects meeting affordability thresholds to reduce holding costs for developers.72% Tourist/Resort Tax. Lobby the state of Montana for a tourist/Resort Tax: a tax levied on tourists and resorts, such as lodging, recreational services, and luxury items.71% Bridging score 250 Community Housing Fund Investments MSU Student Housing Partnership. Work together with MSU to build dedicated student housing near campus.92% Homeownership Loans. Fund a low-interest homeownership loan program for income-qualified local residents that conveys full ownership of home and land, with the public subsidy repaid at resale.82% ADU Incentive Program. Develop an ADU incentive program that would provide grants or low-interest loans (e.g., $10,000 - $25,000) to homeowners to build units, provided they are deed-restricted for local workforce occupancy.72% Down Payment Assistance. Expand down payment assistance for first-time homebuyers who live and work full-time in the community, structured as deferred-payment loans that are repaid when the home is resold.71% Bridging score 251 PROPOSED WORKPLAN Priorities 1, 2 and 3 PRIORITY 1 · BEGIN NOW Pre-approved pattern book plans Fast-track permitting program HOA covenant reform for ADUs PRIORITY 2 · REVISIT IN THREE MONTHS MSU student housing partnership Low-interest homeownership loan program ADU incentive program PRIORITY 3 · REASSESS IN SIX MONTHS Tourist / resort tax (state enabling legislation) Down payment assistance TYPES OF SUPPORT Research Peer cities and precedents Policy writing Model resolutions and staff reports Prototypes Working formats staff can react to 252 Thank you 253 Reference materials 254 REFERENCE Options that did not reach consensus These housing ideas were tested in the dialogue but fell below the consensus threshold, so none is part of the proposed workplan. Property tax breaks for affordable units 43% Height bonuses for affordable housing 37% Designated growth corridors (6 stories by right)37% Cash-in-lieu payments into housing fund 23% Tax increment financing (TIF)22% Reduced parking minimums 19% Buy ranch land for affordable housing 16% Sales tax (requires state law change)13% Property tax mill levy for housing fund 9% Note Bridge scores show the minimum support across Democrats, Republicans, independents, renters and homeowners. 255 REFERENCE Method, sample and confidence Recruitment Paid outreach and community invitations against Census-based quotas for age, sex, race and political leaning. Participation Over 100 Bozeman residents, selected by lottery to reflect the city, took part in the housing dialogue. Compensation Participants were compensated, funded by Change.org, so attendance was not self-selecting. Briefing Balanced background material presenting the case for and against each option, shared with city staff for factual review. Confidence A deliberative panel, not an opinion poll. Results describe where a representative cross-section of residents found common ground. Significance testing The bridge measure is descriptive: the minimum support across Democrats, Republicans, independents, renters and homeowners. Participant response Participants reported finding more agreement than they expected with people they assumed they would disagree with. 256 REFERENCE Phase 1: three opinion groups of the most active participants Pragmatic Stewards The largest group (200 residents, ~50 votes each). Practical quality-of-life improvements — transit, neighborhood amenities and resource conservation — while resisting surveillance-style enforcement and big, flashy or ideological initiatives. PRIORITIES Transit and everyday neighborhood amenities Resource and water conservation Practical fixes over ideological initiatives Livable Greens 97 residents, ~98 votes each. A greener, safer, people-first Bozeman with strong regional transit, protected biking and walking, and public investment that builds community while managing growth and second-home impacts. PRIORITIES Regional transit and protected biking and walking Public investment that builds community Manage growth and second-home impacts No Frills Traditionalists 76 residents, ~84 votes each. Basic rules and fully funded core city services, while resisting growth, cultural signaling, and new taxes or city-led social, housing and placemaking initiatives. PRIORITIES Fully funded core city services Basic rules and clear enforcement Restraint on new taxes and city-led initiatives 257 REFERENCE Staff report summary Recommended commission action 1 Receive a report on the results of the Bozeman housing civic dialogue. 2 Provide initial input on the proposed workplan. Financial impact No direct cost to the City to participate. Items requiring funding would return to the Commission for consideration. Background 2025–2026 The City partnered with Change.org on an independent community engagement process. Scope Topic: housing affordability. An online input phase followed by a facilitated dialogue. Results Results are published openly at civicdialogues.org/bozeman and were shared with Mayor Morrison and city staff. Staff position The results are offered as a community-backed input, additive to the city’s existing housing plans. 258 REFERENCE How the workplan was prioritized Policies with resident consensus were stack-ranked against three criteria. Authority and pace lead the ranking; materiality breaks ties. Authority Does the city have the authority to act on its own? Policies within the city’s sole authority, with a clear vehicle, rank higher than those requiring an outside partner, the legislature, or a ballot. Pace How quickly can it be implemented?Measures already in motion, or needing only near-term research, rank higher than those needing a ballot, a fee study, or a multi-year build. Materiality How much impact would it have?How much the policy would move Bozeman’s housing supply and affordability. Targeted, lower-cost fixes still rank when they are fast and clean. Priority tiers. Priority 1 — begin now (4 policies). Priority 2 — revisit in three months (3). Priority 3 — reassess in six months (2). 259 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director Brian Heaston, Engineer III Greg Sullivan, City Attorney Kelley Rischke, Assistant City Attorney SUBJECT:Ordinance 2026-## Provisional Adoption Creating a New Division of Chapter 40 of the Bozeman Municipal Code Related to Water Adequacy MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to Provisionally Adopt the Ordinance creating a new division of chapter 40 of the Bozeman Municipal Code related to water adequacy. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In evaluating the best place in code to address the provision of water services to residents and the City's statutory authority to operate utilities, staff has determined regulatory provisions related to water adequacy are best located with other elements of the municipal code governing the City's water system. Water adequacy regulations are currently located in Chapter 38 of the Bozeman Municipal Code. Relocating the water adequacy provisions will improve operational efficiency and provide an easier user experience for those searching for regulations related to the provision of water services. Therefore, this Ordinance relocates the section of code related to water adequacy for development to Chapter 40 Utilities, creating a new Division 5 Water Adequacy. No substantive changes to the code are proposed with this Ordinance. Code requirements related to water adequacy are unchanged, with only administrative edits made to clarify references to other sections of code and references to the Director of Utilities instead of the "review authority." These water adequacy provisions will either be removed from Chapter 38 of the Bozeman Municipal Code or, where applicable, references regarding water adequacy will be made to Chapter 40 as part of the next Ordinance to generally clean up the Unified Development Code. A majority vote of the governing body would be required to make this kind of amendment to 260 adopted zoning regulations, pursuant to Montana Code Annotated section 76-25-304(1)(b). Because the City Commission has not yet authorized the deletion of these provisions from Chapter 38 by a majority vote, this Ordinance only proposes to relocate the water adequacy provisions of Code to Chapter 40 and does not amend zoning regulations by deleting these provisions from Chapter 38. UNRESOLVED ISSUES:Staff will recommend removing the current water adequacy regulations from Chapter 38 and making reference to the regulations in Chapter 40 as necessary as part of the next Ordinance that addresses general clean up of the Unified Development Code. Upon a majority vote of the City Commission authorizing such amendments, staff will prepare an Ordinance that deletes the water adequacy provisions found in Bozeman Municipal Code section 38.410.110 from Chapter 38. ALTERNATIVES:Do not provisionally adopt the Ordinance and allow water adequacy provisions of code to remain in Chapter 38. FISCAL EFFECTS:None. Attachments: An Ordinance Provisional Adopt Creating a New Division to BMC Ch 40 Re Water Adequacy.docx Report compiled on: September 3, 2026 261 ORDINANCE 2026-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO CREATE A NEW DIVISION OF CHAPTER 40 – UTILITIES OF THE BOZEMAN MUNICIPAL CODE TO RELATED TO WATER ADEQUACY WHEREAS, pursuant to Mont. Code Ann. § 7-13-4301 (2025), any city may “establish, build, construct, reconstruct, or extend: … a water supply or distribution system … and operate and maintain the facilities for public use.”; and WHEREAS, the governing body of a municipality operating a municipal water system “shall fix and establish, by ordinance or resolution, and collect rates, rentals, and charges for the services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received,” and “the water and sewer rates, charges, and rentals shall be as nearly as possible equitable in proportion to the services and benefits rendered” pursuant to Mont. Code Ann. § 7-13-4304 (2025); and WHEREAS, pursuant to Mont. Code Ann. § 7-13-4402 (2025), the City of Bozeman “has power to adopt, enter into, and carry out means for securing a supply of water for the use” of the city or its citizens; and WHEREAS, a city may acquire private water supply systems or valuable water rights to supply the city with water, pursuant to Mont. Code Ann. § 7-13-4403 (2025); and WHEREAS, for the purposes of providing the City of Bozeman with an adequate water supply for municipal and domestic purposes, the City “shall procure appropriate water rights and the necessary real and personal property to make an adequate water supply available. The water rights and property may be acquired by purchase, appropriation, location, condemnation pursuant to Title 70, chapter 30, or in any other legal manner,” pursuant to Mont. Code Ann. § 7-13-4405 (2025); and 262 WHEREAS, these standards are currently codified in Chapter 38 of the Bozeman Municipal Code. However, the City has determined that operational efficiency and user experience will be benefited by relocating these existing standards to Chapter 40 of the Bozeman Municipal Code to locate them with other elements of the municipal code governing the City’s water system; and WHEREAS, the City Commission at its public hearing on _____________, 2026, considered all relevant materials submitted by the staff and the public, along with the proposed draft text of this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That a new Article 2. Division 5. – Water Adequacy shall be added to Chapter 40 of the Bozeman Municipal Code as follows: Sec. 40.02.1500 A. Subject to subsection B and subsection C, prior to final approval by the review authority of development occurring under chapter 38 or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. B. Compliance with this section is triggered if the estimated increase in annual municipal water demand attributable to the development exceeds 0.25 acre-feet after accounting for the following items as they relate to the development: 1. Current average annual municipal metered water demand; 2. Water demand offsets from a prior payment of cash-in-lieu of water rights; 3. Water demand offsets from a prior transfer of water rights into city ownership, and; 4. Water demand offsets from an existing water adequacy agreement or similarly purposed document. C. Compliance with this section is deferred for any of the following developments until the occurrence of future development if the applicant records a notice of restriction on future 263 development in a form acceptable to the review authority with the Gallatin County Clerk and Recorder: 1. An annexation that expressly defers this section under an annexation agreement; 2. Individual lots of a subdivision final plat planned for future multiple-household development; 3. Individual lots of a subdivision final plat planned for future commercial, industrial, or institutional development, or; 4. Future phases of a phased site development. D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 1. Transfer of water rights into city ownership that are appurtenant to or associated with the land being developed, or other water rights available from a water bank or similar organization that may be available for transfer, that the city determines are adequate to offset all or a portion of the municipal water demands attributable to the development. 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce or offset the estimated annual municipal water demand attributable to the development by one or more of the following methods: a. Installation of high-efficiency indoor water using fixtures, appliances, and products that are more water efficient than city-adopted plumbing codes or state or federal minimum standards. b. Installation of unirrigated, or minimally irrigated, drought resistant or drought-tolerant landscaping that is more water conserving than the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and this chapter. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and this chapter. d. Installation of non-potable water supply systems for landscaping irrigation purposes. e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. 264 3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under 1. or 2. above. E. The unit cost for payment of cash-in-lieu of water rights will be established by city commission resolution. The cash-in-lieu of water rights payment amount provided by the applicant under subsection D.3 must be calculated using the unit cost effective on the date the payment is made to the city. The director of utilities must deposit all payments received under this section, upon receipt, in the cash-in-lieu of water rights fund. F. The disposition or transfer of any existing water rights appurtenant to or associated with the lands upon which development is proposed that are determined by the city to be adequate to offset all or a portion of the estimated municipal water demands attributable to the development must be consistent with an annexation agreement, condition of approval, or water adequacy agreement, as applicable. 1. Any other water rights associated with the land that are not transferred to the City, or are not intended to be put to beneficial use within the development, must either be severed from the land or terminated by the water rights owner. 2. A subdivider or other developer must: a. Reserve all or a portion of the appropriation water rights owned by the owner of the subject property, transfer the water rights to a single entity for use by landowners within the subdivision or other development who have a legal right to the water, and reserve and sever any remaining surface water rights from the land; b. If the land to be subdivided or otherwise developed is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is administered through a single entity and that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or c. Reserve and sever all surface water rights from the land; d. Prior to severing water rights from the land the subdivider or other developer must consult with the city on whether the water rights are suitable to meet the requirements of this section. The city may require transfer of water rights to mitigate impact of development. 265 G. The city manager must adopt, and may from time to time amend, administrative procedures to implement this section. The administrative procedures may include, but are not limited to, the following items: 1. Standards established by the director of utilities to determine the estimated increase in annual municipal water demand attributable to development. 2. Standards established by the director of utilities to determine water demand offset amounts for implementation of water efficiency and conservation measures. 3. Standards established by the director of utilities governing the determination of adequacy of water rights transferred into city ownership and the amount of water demand offsets for an adequate water rights transfer. 4. Standards established by the director of utilities that establish and govern the use of water adequacy credits for that portion of demand offsets provided by an applicant that are in excess of the estimated increase in annual municipal water demand attributable to the development. 5. A process that provides for administrative appeals of determinations made by the director of utilities under this section. 6. Standards governing acceptance of water right transfers into city ownership. The standards may require a water adequacy agreement to be entered into between the city and development applicant that at a minimum provides for performance guarantees, security against defaults, the establishment and use of water demand offsets or water adequacy credits, and recordation with the Gallatin County Clerk and Recorder. 7. Standards that incentivize the transfer of water rights to the city which have the greatest utility to the city and future development. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. 266 This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. The provisions of Section 1 of this Ordinance shall be codified in Chapter 40, Article 2 of the Bozeman Municipal Code. Section 6 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: 267 ____________________________________ 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 268 Memorandum REPORT TO:City Commission FROM:Ross Knapper, Park Planner Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:A Resolution Adopting the Cattail Creek Corridor and Anchor Route Park Master Plan MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Consider the motion: I move to approve a Resolution Adopting the Cattail Creek Corridor and Anchor Route Park Master Plan. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The primary purpose of the Cattail Corridor and Anchor Route Park Master Plan (“Park Master Plan” or “Plan”) is implementation of new guidance for parks and trails as outlined in the 2023 Comprehensive Parks, Recreation and Active Transportation Plan (PRAT Plan). Designed across a parkland corridor in 10 existing subdivisions and an undeveloped half-mile gap, the Park Master Plan is a conceptual design with an emphasis on connecting a 3.25-mile shared use path called an Anchor Route, improving ecological function within the corridor, and adding more active and passive recreation options. The plan is being created in conjunction with ongoing partnership projects including the east-west Raptor Route and Wayfinding Project that the City is working with the Gallatin Valley Land Trust (GVLT) to complete and Branch Out Bozeman’s (BOB) riparian planting projects led by Gallatin Watershed Council (GWC). Investments in this corridor will be amplified by these community partners, collaboration with the City’s Transportation Division, grants, and new developments. The Cattail Corridor and Anchor Route Park Master Plan’s narrative and drawings are intended to supersede prior subdivision by subdivision master plans created at the time of development and the document will guide improvements within the corridor expected to be achievable within approximately 10-15 years. At the Site Plan/construction drawing stage of the project implementation, further refinement will be based on more detailed analysis of existing conditions and additional public input. 269 Public Engagement: The Cattail Corridor and Anchor Route Park Master Plan has been in progress for roughly two years and has been discussed at meetings of the Urban Parks and Forestry Board and City Commission during that time. The kickoff was a presentation to City Commission on December 3, 2024. Information was provided on the City's Engage website throughout the process and news posts went out to page subscribers via email. Parks and Recreation held its annual Bike Your Park Day in 2 parks along the corridor in 2024 and 2025 to draw attention to the project and gain input, with art banners created by Mountain Time Arts installed along the pathway to heighten awareness. Parks and Recreation staff presented virtually to the Cattail Creek, West Winds and Harvest Creek Subdivision Home Owners Associations including question and answer sessions in 2026. The outcome of public engagement has resulted in some changes to the initial proposal. At West Winds, direct access to the larger park of Hunters Way at Flurry Lane was added and emphasis was placed on the retention of multi-purpose fields. Further neighborhood discussions will result in additional refinement during Site Plan / construction drawing creation. Lastly, as stated in the plan introduction, the Park Master Plan’s vision was a direct result of city-wide engagement during the creation of the 2023 Comprehensive Parks, Recreation and Active Transportation (PRAT) Plan. This project is the City’s first major step toward implementation of the PRAT Plan. On August 27, 2026 the Urban Parks and Forestry Board unanimously adopted a Resolution Recommending Adoption of the Cattail Creek Corridor and Anchor Route Park Master Plan emphasizing the importance of additional and alternative public engagement during future project stages. Parks and Recreation staff intend to do park design workshops, neighborhood surveys, continued outreach with partner organizations, and will use the Parks and Recreation Department website to share information. More history and information is available on the project webpage (engage.bozeman.net/parkmasterplan). UNRESOLVED ISSUES:NA. ALTERNATIVES:NA FISCAL EFFECTS:NA Attachments: CC-Resolution_Cattail-Corridor-Park-Master-Plan.docx Exhibit-A-UPFB_Cattail_Corridor_Resolution - final.docx 2026 Cattail Corridor and Anchor Route Park Master Plan.pdf 270 Report compiled on: August 21, 2026 271 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE CATTAIL CREEK CORRIDOR AND ANCHOR ROUTE PARK MASTER PLAN WHEREAS, the City of Bozeman has granted the Urban Parks and Forestry Board authority to recommend adoption of park master plans through enabling Resolution 5328; and, WHEREAS, the 2023 Comprehensive Parks, Recreation and Active Transportation Plan (PRAT Plan) emphasizes the importance of welcoming, equitable access to parks; programs, places and partnerships; pedestrian and bicycle facilities; and natural resources within parks; and, WHEREAS, the Cattail Creek Corridor and Anchor Route Park Master Plan (Park Master Plan) includes enhancements to active transportation infrastructure, increases equity through inclusive engagement and new recreation types, embraces water conservation practices and natural resource enhancement, and, WHEREAS, the Cattail Creek Anchor Route is one of the Anchor Routes described and conceptually depicted in the PRAT Plan, and, WHEREAS, the Park Master Plan was created after several years of public engagement and is designed in conjunction with, and to facilitate further, ongoing projects with community partners and developers in the vicinity, and, WHEREAS, individual parks along the corridor were developed individually through the subdivision process with individual park master plans and the PRAT Plan calls for increased balance and connectivity throughout the parks system, and WHEREAS, on August 27, 2026 the Urban Parks and Forestry Board unanimously adopted a Resolution Recommending Adoption of the Cattail Creek Corridor and Anchor Route Park Master Plan (Exhibit A), NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: The Cattail Creek Corridor and Anchor Route Park Master Plan is adopted and shall 272 supersede prior subdivision park master plans in the project area including Cattail Lake, Cattail Creek, Baxter Square, West Winds, Harvest Creek, Greenway, Glenwood Meadows, Westgate, Fowler and Babcock Meadows. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of September, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 273 Resolution 2026-___ RECOMMENDING ADOPTION OF THE CATTAIL CREEK CORRIDOR AND ANCHOR ROUTE PARK MASTER PLAN Page 1 of 2 URBAN PARKS AND FORESTRY BOARD RESOLUTION 2026-__ A RESOLUTION OF THE URBAN PARKS AND FORESTRY BOARD OF THE CITY OF BOZEMAN, MONTANA, RECOMMENDING ADOPTION OF THE CATTAIL CREEK CORRIDOR AND ANCHOR ROUTE PARK MASTER PLAN WHEREAS, the City of Bozeman has granted the Urban Parks and Forestry Board authority to recommend adoption of park master plans through enabling Resolution 5328; and, WHEREAS, the 2023 Comprehensive Parks, Recreation and Active Transportation Plan (PRAT Plan) emphasizes the importance of welcoming, equitable access to parks; programs, places and partnerships; pedestrian and bicycle facilities; and natural resources within parks; and, WHEREAS, the Cattail Creek Corridor and Anchor Route Park Master Plan (Park Master Plan) includes enhancements to active transportation infrastructure, increases equity through inclusive engagement and new recreation types, embraces water conservation practices and natural resource enhancement, and, WHEREAS, the Cattail Creek Anchor Route is one of the Anchor Routes described and conceptually depicted in the PRAT Plan, and, WHEREAS, the Park Master Plan was created after several years of public engagement and is designed in conjunction with, and to facilitate further, ongoing projects with community partners and developers in the vicinity and future design refinement will include additional and alternative engagement, and, WHEREAS, individual parks along the corridor were developed individually through the subdivision process with individual park master plans and the PRAT Plan calls for increased balance and connectivity throughout the parks system, NOW THEREFORE, BE IT RESOLVED that the Urban Parks and Forestry Board recommends Adoption of the Cattail Creek Corridor and Anchor Route Park Master Plan, and that the Park Master Plan shall supersede prior subdivision park master plans in the project area. Passed and adopted by the Urban Parks and Foresty Board of the City of Bozeman, Montana, at a session held on the 27th day of August, 2026. ______________________________________ Teri Lumsden, Chair 274 Resolution 2026-___ RECOMMENDING ADOPTION OF THE CATTAIL CREEK CORRIDOR AND ANCHOR ROUTE PARK MASTER PLAN Page 2 of 2 Urban Parks and Forestry Board ATTEST: ___________________________ Mitch Overton, Director of Parks and Recreation City of Bozeman 275 CATTAIL CREEK CORRIDOR 06/14/2024 | PRECEDENT IMAGES PROJECT OPPORTUNITY UNIFY AS A SINGLE PARK CATTAIL CREEK CORRIDOR ANDANCHOR ROUTE Report Prepared by: 2026 PARK MASTER PLAN 1 276 Cattail Creek Corridor and Anchor Route Park Master Plan 2 TABLE OF CONTENTS EXECUTIVE SUMMARY 3 CONTENTS INTRODUCTION 4 SITE ANALYSIS 6 a.Overview b. Circulation c.Park Types d.Existing Program e. Land Cover f.Habitat Resources DESIGN 10 a.Guiding Principles b. Program Elements c.Master Plan - Overview d.Master Plan - Section 1 e. Master Plan - Section 2 f.Master Plan - Section 3 g.Master Plan - Section 4 PUBLIC ENGAGEMENT 29 APPENDIX 30 277 Cattail Creek Corridor and Anchor Route Park Master Plan 3 EXECUTIVE SUMMARY Te primary purpose of the Catail Corridor and Anchor Route Park Master Plan (“Park Master Plan” or “Plan”) is implementation of new guidance for parks and trails as outlined in the 2023 Comprehensive Parks, Recreation and Active Transportation Plan (PRAT Plan). Designed across a parkland corridor in 10 existing subdivisions and an undeveloped half-mile gap, the Park Master Plan is a conceptual design with an emphasis on connecting a 3.25-mile shared use path called an Anchor Route, improving ecological function within the corridor and adding more active and passive recreation options. Te plan is being creating in conjunction with ongoing partnership projects including the east-west Raptor Route Wayfnding Project that the City is working with GVLT to complete and Branch Out Bozeman’s riparian planting projects led by Gallatin Watershed Council. Investments in this corridor will be amplifed by these community partners, collaboration with the City’s Transportation Division, grants and new developments and will be the guide for improvements within the corridor expected to be achievable within approximately 10-15 years. Te Catail Corridor and Anchor Route Park Master Plan’s narrative and drawings are intended to supersede prior subdivision by subdivision master plans created at the time of development and will be adopted by Resolution of the City Commission. Te Plan is a conceptual guide to be used as designs are developed, with additional public input, for the proposed improvements. At the Site Plan/construction drawing stage of the project implementation, further refnement will be based on more detailed analysis of existing fdsa Pictures of Existing Route Pictures of Existing Route City Map with Anchor Route Highlighted 278 CATTAIL CREEK CORRIDOR 06/24/2024 | PROGRAMMING These pathways connect larger community nodes. They are heavily used with full access and are typically constructed along major transportation corridors but can also be located outside of rights-of-way. These routes are designed to permit two-way traffc using an impervious surface material such as asphalt or concrete. Certain settings may not be conducive to impervioussurfaces. Width and Clearance The preferred tread minimum width is 12 feet wide but can be decreased to 10 feet in interior subdivision settings. All paths should have a 1-foot gravel shoulder and 2-foot minimum total shoulder graded away from tread at a 2% maximum slope. A minimum vertical clearance of 10 feet should be provided. Branches that could reduce clearance when weighted with snow or rain should also be removed. Grade The maximum tread cross slope shall be 2%, sloping one direction, not crowned. The cross slopes on corners and curves shall be towards the inside where drainage permits. The maximum tread cross slope should be 5%, the cross slopes on corners and curves shall be towards the inside where drainage permits. If there is a segment that has a cross slope of more than 5%, the segment should be as short as possible. Maximum grade segments: • 8.3% for a maximum of 15.24m (50ft) • 10% for a maximum of 9.14m (30ft) • 12.5% for a maximum of 3.05m (10ft) Near the top and bottom of the maximum grade segments, the grade should transition to less than 5%. Rest intervals should be provided within 7.6m (25ft) of the max grade segment. There can be no abrupt change in surface level greater than ½ inch. Anchor Routes & Shared Use Paths Typical Assets and Design Considerations Cross Section Concrete - The tread base shall consist of a minimum of 3 inches of crushed gravel compacted to 95 percent of maximum density as determined by AASHTO T99. Concrete shall be a minimum of 6 inches of M4000. Asphalt -Excavate 11.5 inches of material. Install a minimum of 9 inches of crushed gravel compacted to 95 percent of maximum density as determined by AASHTO T99, unless otherwise dictated by sub-soil type materials being compacted to road standard. The overlay shall consist of 2.5 inches of asphalt compacted to 93 percent of maximum density, as determined by ASTMD 2041. Construction seal shall be applied at 0.08 gallon/square yard after installation. Material To decrease long term maintenance, tread surface must predominately be impervious material such as asphalt, concrete, pavers set on concrete, or wood decking. Porous surfaces (permeable pavers, porous asphalt, porous rubber) should be a priority in sensitive areas. The tread material including any base course will have a total minimum thickness of 6 inches. Wood deck planks must be run perpendicular to the direction of travel and joints must not exceed 36 inches. Planks must be securely fastened so they do not warp. VARIESSHARED ROAD VARIESSHARED ROAD5’LANDSCAPE AREA 5’LANDSCAPE AREA 5’SIDEWALK 5’SIDEWALK2’2’ CURB &GUTTER CURB &GUTTER 12’PATHWAY Anchor Route VARIESLANDSCAPE AREA VARIESLANDSCAPE AREAVARIESWATER Neighborhood Trail 6’-8’TRAIL Connector Path 10’CLEAR BUFFER 2’VARIESLANDSCAPE AREA VARIES LANDSCAPE AREA BUFFER 2’ Shared Use Pathway 10’PAVED TRAILVARIESTRAIL BUFFER 2’2’10’DRIVE LANE 12’CLEAR BUFFERBUFFERCURB &GUTTER VARIES SHARED ROAD VARIES SHARED ROAD 5’ LANDSCAPEAREA 5’ LANDSCAPEAREA 5’ SIDEWALK 5’ SIDEWALK 2’2’ CURB &GUTTER CURB &GUTTER BIKE BOULEVARD 12’PATHWAY Anchor Route VARIESLANDSCAPE AREA VARIESLANDSCAPE AREAVARIESWATER 4’-6’ TRAIL Neighborhood Trail VARIESLANDSCAPE AREA VARIES LANDSCAPE AREA Shared Use Pathway 10’ PAVED TRAIL VARIES TRAIL BUFFER 2’2’10’DRIVE LANE 12’ CLEAR BUFFERBUFFER CURB &GUTTER PROJECT PROGRAMMING VARIESSHARED ROAD VARIESSHARED ROAD5’LANDSCAPEAREA 5’LANDSCAPEAREA 5’SIDEWALK 5’SIDEWALK2’2’ CURB &GUTTER CURB &GUTTER BIKE BOULEVARD Anchor Route 4’-6’TRAIL Neighborhood Trail VARIESLANDSCAPE AREA VARIESLANDSCAPE AREA 6’-8’TRAIL Connector Path 10’CLEAR BUFFER 2’VARIESLANDSCAPEAREA VARIESLANDSCAPEAREA BUFFER 2’ Shared Use Pathway 10’PAVED TRAIL VARIESTRAIL BUFFER 2’2’10’DRIVE LANE 12’CLEAR BUFFERBUFFER CURB &GUTTER VARIESSHARED ROAD VARIESSHARED ROAD5’LANDSCAPEAREA 5’LANDSCAPEAREA 5’SIDEWALK 5’SIDEWALK2’2’ CURB &GUTTER CURB &GUTTER BIKE BOULEVARD 12’PATHWAY Anchor Route VARIESLANDSCAPE AREA VARIESLANDSCAPE AREAVARIESWATER 4’-6’TRAIL Neighborhood Trail VARIESLANDSCAPE AREA VARIESLANDSCAPE AREA 6’-8’TRAIL Connector Path 10’CLEAR BUFFER 2’VARIESLANDSCAPEAREA VARIESLANDSCAPEAREA BUFFER 2’ Shared Use Pathway 36 37 Program Enrollment Total enrollment into the Department’s programs was 3,414 in 2019. Aquatics had the highest enrollment with 1,092 participants, followed by preschool at 783, and camps at 661. Figure 5 shows all the programs and the percentage of each of the whole. There are some programs that are offered by other organizations who take their own registration (Skyhawks) and this data is not included in any of these analyses. Aquatics accounted for a third (32%) of the 2018-2019 enrollments, and preschool and camps accounted for approximately one-ffth of the programming each, 21% and 19% respectively. Aquatics accounted for nearly half (48.8%) of the program menu and 32% of all enrollments, which is typical due to the smaller class size and the advertisement of several course sections that can be combined, if needed. For camps and preschool, the percentage of participants is greater than the percentage of courses offered. Similar Providers Bozeman residents enjoy a wide variety of recreation programs offered by a host of different organizations – some of these are nonproft groups and others are private businesses. Many of these are provided space for their activities by the Department. The Department permits space to several affliate groups that provide recreation programs to the community. When discussing the permitting process with staff regarding the local sports programs, understanding of requirements were inconsistent. Future policies should be clarifed for consistent communications between the Department and affliate groups and should consider requiring all affliate groups to: ◊ require all coaches to submit to a criminal background check, top 10 prioritiesfor investment top 10 prioritiesfor investment Natural surface trails On-road bike lanes orfacilities Pools, indoor Pools, outdoor Trails, paved Nature centers Community gardens Water access forrecreation Spraygrounds/splashpad Pavilions and picnicareas Aquatics or Swimming Arts and Culture Winter Recreation Fitness Etiquette programsfor parks and trailusers Outdoor adventure History Outdoor education Seniors/Active Aging Special Events ◊ compare the list of coaches to the state and federal sex offender databases, ◊ charge a special feld use fee for nonresident participants ◊ track demographics and city-county resident status, scholarships given out and DEI training Fitness programs are often a desire for young adults in communities across the country. Due to the low percentage of programs offered by the Department for adults, ftness opportunities within the community were reviewed. There are several private facilities spread out in the community offering ftness opportunities for Bozeman residents. In addition to the camps offered by the Department, there are dozens and dozens of summer camps available for Bozeman Youth. There are opportunities for children of all interests including art, dance (ballet, hip hop, aerial hammock, and choreography), hiking, camping, rock climbing, STEAM (outdoor science and coding), sports, yoga, drumming, karate, performing arts, horseback riding, farm camp, and more. Community Survey During the winter of 2021, the City released a community survey and received 300 responses. This survey, which is statistically valid and has a confdence level of 95%, highlighted community-wide desires for programs, parks, and park improvements. The survey, which was administered by mail, contained a cover letter, survey document, and instructions for the survey to be taken online. The cover letter included instructions for taking the survey over phone for any residents that preferred to speak a different language in their response.recreation facilitiesprogramsCattail Creek Corridor and Anchor Route Park Master Plan Con These pathways connect larger community nodes. They are heavily used with full access and are typically constructed along major transportation corridors but can also be located outside of rights-of-way. These routes are designed to permit two-way traffc using an impervious surface material such as asphalt or concrete. Certain settings may not be conducive to impervioussurfaces. Width and Clearance The preferred tread minimum width is 12 feet wide but can be decreased to 10 feet in interior subdivision settings. All paths should have a 1-foot gravel shoulder and 2-foot minimum total shoulder graded away from tread at a 2% maximum slope. A minimum vertical clearance of 10 feet should be provided. Branches that could reduce clearance when weighted with snow or rain should also be removed. Grade The maximum tread cross slope shall be 2%, sloping one direction, not crowned. The cross slopes on corners and curves shall be towards the inside where drainage permits. The maximum tread cross slope should be 5%, the cross slopes on corners and curves shall be towards the inside where drainage permits. If there i s a segment that has a cross slope of more than 5%, the segment should be as short as possible. Maximum grade segments: • 8.3% for a maximum of 15.24m (50ft) • 10% for a maximum of 9.14m (30ft) • 12.5% for a maximum of 3.05m (10ft) Near the top and bottom of the maximum grade segments, the grade should transition to less than 5%. Rest intervals should be provided within 7.6m (25ft) of the max grade segment. There can be no abrupt change in surface level greater than ½ inch. Anchor Routes &Typical Assets and Design Considerations Shared Use Paths Cross Section Material Concrete - The tread base shall consist of a minimum To decrease long term maintenance, tread surface of 3 inches of crushed gravel compacted to 95 percent must predominately be impervious material such of maximum density as determined by AASHTO T99. as asphalt, concrete, pavers set on concrete, or wood Concrete shall be a minimum of 6 inches of M4000. decking. Asphalt -Excavate 11.5 inches of material. Install a Porous surfaces (permeable pavers, porous asphalt, minimum of 9 inches of crushed gravel compacted porous rubber) should be a priority in sensitive areas. to 95 percent of maximum density as determined by AASHTO T99, unless otherwise dictated by sub-soil The tread material including any base course will type materials being compacted to road standard. have a total minimum thickness of 6 inches. The overlay shall consist of 2.5 inches of asphalt compacted to 93 percent of maximum density, as Wood deck planks must be run perpendicular to determined by ASTMD 2041. Construction seal the direction of travel and joints must not exceed 36 shall be applied at 0.08 gallon/square yard after inches. Planks must be securely fastened so they do installation. not warp. VARIES 12’ VARIES LANDSCAPE PATHWAY LANDSCAPE AREA AREA VARIES WATER 12’ CLEAR 2’ 10’ 2’ VARIES 10’ PAVED TRAIL TRAIL BUFFER DRIVE LANE BUFFER BUFFER CURB &GUTTER INTRODUCTION GUIDING DOCUMENTS & VISION Te guiding document for the development and future implementation of the Catail Corridor Anchor Route and Park Master Plan is the City of Bozeman 2023 Comprehensive Parks, Recreation, and Active Transportation Plan (or PRAT Plan). Te PRAT Plan outlines a wide number of recommendations for recreation and active transportation based on extensive community outreach. Included within the PRAT PLAN are key values for public parks including equitable access, community partnerships, natural resource stewardship, and pedestrian and bicycle facilities. Priority recreation facilities and programs are also highlighted. Te PRAT Plan also introduces the concept of an Anchor Route, a new pathway typology that will be the backbone of the new active transportation network and will “serve as longer-distance, lower-stress, and comfortable” pathways similar to the Gallagator Trail. Multiple Anchor Routes are identifed in the document including the Catail Corridor Anchor Route, which proposes to link the 1-90 frontage road and Valley Center Lane at the north to the Gallatin Valley Mall and Bozeman Pond Park at the south. In the new Active Transportation Network, Anchor Routes primarily fall along creek corridors that are currently, or are likely to become, parkland—as such, Anchor Routes provide neighborhood connections to key destinations with a consideration for natural resource stewardship. Within the Catail Corridor Park Master Plan area, there is ample room and existing natural resource vitality to create a signifcant scenic pathway, expand native and drought-tolerant vegetation and tree canopy, and improve the recreational aspects of the park system while maintaining the open views and several multi- purpose lawn areas that make up the park system today. Te proposed improvements in the Park Master Plan are designed to create inviting and inclusive parks, designed appropriately for their neighborhood context, with enhanced pathway connectivity for year- round use by all. Anchor Route Defnition from City of Bozeman PRAT Plan 4 279 CATTAIL CREEK CORRIDOR 06/14/2024 | PRECEDENT IMAGES PROJECT OPPOR UNIFY AS A SINGLE PARK CATTAIL CREEK CORRIDOR 06/14/2024 | PRECEDENT IMAGES PROJECT OPPORTUNITY UNIFY AS A SINGLE PARK CATTAIL CREEK CORRIDOR 05/21/2024 | MASTERPLAN EXAMPLES PROJECT GOALS 1. Design routing for Anchor Route Shared Use Pathway 1. Enhance riparian habitat along corridor 2. Reduce water use in corridor in line City goals 1. Identify and Locate opportunities for increased recreation in the park system consistent with PRAT Cattail Creek Corridor and Anchor Route Park Master Plan INTRODUCTION PROJECT APPROACH Te consulting design team was ofcially onboarded in May of 2024 with base documents from the City including the PRAT Plan, GIS data, and original recorded plats and drawings for a number of the parks within the corridor. Te design team developed the master plan through three phases. Phase 1 included planning scale site analysis and feldwork, including walking and photo documenting the existing conditions along the entire corridor. Phase 2 included recording of the fndings from Phase 1, initial design iteration, and engagement with a variety of local stakeholders including City departments and local non- profts for feedback. Phase 3 was design refnement and visualization. Afer conclusion of Phase 3, additional community outreach was conducted through a series of meetings with neighborhood associations and through two diferent Bike Your Park Day activation events along the corridor. MOBILITY ECOLOGY RECREATION TUNITY PROJECT TIMELINE •May 2024 - Project Kick Of •May - June 2024 - Initial Analysis and Fieldwork •June - September - Design Development •Sept 2024 - Initial Master Plan Design Complete •Sept 28th, 2024 - Bike Your Park Day (Area 1 of the Project) •Sept 27th 2025 - Bike Your Park Day (Area 3 of the Project) •Jan - May 2026 - Master Plan Documentation •May - Fall 2026 - DRAFT Master Plan Review and Final Adoption by Urban Parks and Forestry Board and City Commission •Fall 2026 - 2029 - Plan Implementation . . . TO A UNIFIED CORRIDOR Opportunity to reconceptualize the corridor as a more cohesive place in the City Intersecting Values and Criteria for the Anchor Route 5 FROM MANY PARKS . . . . 280 CATTAIL CREEK CORRIDOR 06/24/2024 | PROGRAM CORRIDOR SIZE TOTAL LENGTH WIDEST SEGMENT NARROWEST SEGMENT POP. WITHIN 1/4 MILE ** ** APPROXIMATE BASED ON CENSUS DATA 3.29 700 ft 11,93720 ft CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF EXISTING PATHS Baxter LnBaxter Ln Valley Center LnValley Center Ln I-9 0 I-9 0 Oak StOak St Proposed AT Network I-90I-907th Ave7th Ave19th Ave19th AveFowler AveFowler Ave3rd Ave3rd AveDurstonDurston Huffine LnHuffine Ln Kagy BlvdKagy Blvd Fowler LnFowler LnCottonwood RdCottonwood RdKagy BlvdKagy Blvd I-90I-90Rouse AveRouse Ave3rd Ave3rd AveSourdough RdSourdough RdMain StMain St 7th Ave7th Ave19th Ave19th AveMain StMain St N1 mile00.5 Durston RdDurston Rd W Tamarack StW Tamarack St 3rd Ave3rd AveGriffin DrGriffin Dr 7th Ave7th AveRouse AveRouse AveOak StOak St I-90I-90 84 85 Proposed Anchor Routes Proposed Shared Use Paths Proposed Connector Paths Proposed Neighborhood Trails Proposed Bike Boulevards Existing Trails Existing Shared Use Paths City Boundary Growth Boundary Roads Railroad Streams Lakes & Reservoirs Future Parks Parks 7th-Front Street Connector PathwayFacilities Figure 4.6 Proposed Active Transportation network with zoom in of 7th-Front St Connector, highlighted in orange. 88 89 Baxter LnBaxter Ln Oak StOak St DurstonDurston Huffine LnHuffine Ln Valley Center LnValley Center Ln I-9 0 I-9 0 19th Ave19th AveFowler AveFowler AveProposed Regional Loop Trail Kagy BlvdKagy Blvd Main StMain St 0 0.25 0.5 DowntownBozeman ◊ Prioritize funding to build, connect, and maintain Anchor Routes. The City should add prioritized shared use path and connector path projects to the Capital Improvements Plan (CIP). Likewise, an annual portion of the City’s street construction budget should be allocated to build shared use paths and critical connector paths. In areas of key park connectivity beneft and where severe barriers exist, cash-in-lieu of parkland money can be used to close gaps. Routes not likely to be completed with adjacent development should be prioritized. ◊ Plan for robust maintenance of Anchor Routes to ensure year- round use and a high level of accessibility. A complete set of maintenance recommendations are provided in the Design Manual. ◊ Design traffc calming measures into the routes, particularly at key destinations to reduce potential conficts. As the network grows and connectivity improves, developing design standards to minimize conficts at key destinations will build a safer network. These include bollards, striping, signage, and designating space for different mode types. 1 mile N This is a trackable metric This is a trackable metric Proposed 1-5 year loop Proposed 1-5 year loop Proposed 5-10 year regional loop Proposed loop expansions Parks Open Space City Boundary Future expansion of the loop system will occur as new communities and partners are engaged EXPANDABLE (6’-8’ EXISTING PATH THAT CAN BE WIDENED) CONSTRAINED (2’-4’ PATH THAT CANNOT BE WINDENED) KEY INTERSECTING PATH MISSING (NO EXISTING PATH) COMPLIANT (10’-12’ EXISTING PATH) CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF EXISTING PATHS Baxter LnBaxter Ln Valley Center LnValley Center Ln I-90I-90 Oak StOak St Proposed AT Network I-90I-907th Ave7th Ave19th Ave19th AveFowler AveFowler Ave3rd Ave3rd AveDurstonDurston Huffine LnHuffine Ln Kagy BlvdKagy Blvd Fowler LnFowler LnCottonwood RdCottonwood RdKagy BlvdKagy Blvd I-90I-90Rouse AveRouse Ave3rd Ave3rd AveSourdough RdSourdough RdMain StMain St 7th Ave7th Ave19th Ave19th AveMain StMain St N1 mile00.5 Durston RdDurston Rd W Tamarack StW Tamarack St 3rd Ave3rd AveGriffin DrGriffin Dr 7th Ave7th AveRouse AveRouse AveOak StOak St I-90I-90 84 85 Proposed Anchor Routes Proposed Shared Use Paths Proposed Connector Paths Proposed Neighborhood Trails Proposed Bike Boulevards Existing Trails Existing Shared Use PathsCity Boundary Growth Boundary Roads RailroadStreams Lakes & Reservoirs Future Parks Parks 7th-Front Street Connector PathwayFacilities Figure 4.6 Proposed Active Transportation network with zoom in of 7th-Front St Connector, highlighted in orange. 89 Baxter LnBaxter Ln Oak StOak St DurstonDurston Huffine LnHuffine Ln Valley Center LnValley Center Ln I-90I-90 19th Ave19th AveFowler AveFowler AveProposed Regional Loop Trail Kagy BlvdKagy Blvd Main StMain St 0 0.25 0.5 Downtown Bozeman ◊ Prioritize funding to build,connect, and maintain Anchor Routes. The City should add prioritized shared use path and connector path projects to the Capital Improvements Plan (CIP). Likewise, an annual portion of the City’s street construction budget should be allocated to build shared use paths and critical connector paths. In areas of key park connectivity beneft and where severe barriers exist, cash-in-lieu of parkland money can be used to close gaps. Routes not likely to be completed with adjacent development should be prioritized. ◊ Plan for robust maintenance of Anchor Routes to ensure year- round use and a high level of accessibility. A complete set of maintenance recommendations are provided in the Design Manual. ◊ Design traffc calming measures into the routes, particularly at key destinations to reduce potential conficts. As the network grows and connectivity improves, developing design standards to minimize conficts at key destinations will build a safer network. These include bollards, striping, signage, and designating space for different mode types. 1 mile N This is a trackable metric This is a trackable metric Proposed 1-5 year loop Proposed 1-5 year loop Proposed 5-10 year regional loop Proposed loop expansions Parks Open Space City Boundary Future expansion of the loop system will occur as new communities and partners are engaged Cattail Creek Corridor and Anchor Route Park Master Plan SITE ANALYSIS OVERVIEW Te Catail Creek Corridor Park Master Plan area is a 3.29 mile north- south corridor connecting a number of central and northwestern neighborhoods in the City of Bozeman. Te corridor links Catail Lake park to the Gallatin Valley Mall and Bozeman Pond Park. Te corridor varies in width dramatically along its length, from as wide as 700’ to as narrow as 20’. An estimated 20 percent of City’s population lives within a half mile of the corridor (12,000 people). To assist in documenting the corridor, the project outlined 4 key areas. Te areas were grouped according to similar environmental and development characteristics, signifed by their adjoining frontages. Each area is bounded by recognizable streets for ease of orientation. Area 1 runs from Catail Lake in the north to Catail Street and incorporates the largest widths in the corridor within a generally low-density development patern. Area 2 incorporates the largely undeveloped area from Catail Street to Baxter Avenue with a notable presence of remnant wetland in the area. Area 3 runs from Baxter Avenue to Durston Avenue. While not as wide as Area 1, this area is similar to Area 1 in its density and generous green space within the corridor; however within a few blocks larger multi-family developments are emerging that will contribute via cash-in-lieu of parkland within the master plan area. Area 4 runs from Durston Street to the north side of the Gallatin Valley Mall and is the most constrained segment of the corridor with a more dense surrounding neighborhood fabric that terminates at the back door of a highly commercial area along East Main Street/Hufne. KEY STATS 3.29 mile long corridor 700 20 12,000 maximum width minimum width approximate number of residents within 1/4 mile of corridor CIRCULATION A key goal for Anchor Routes in the PRAT PLAN is to develop a path suitable for alternate mobility opportunities along key corridors. Within interior subdivision setings like the Catail Corridor, 10-foot- wide pathways are acceptable and will be the goal for the trail portion of this project. Surface materials are likely to include asphalt, concrete, and wood decking at watercourse crossings. Te Catail Creek Corridor study evaluated the existing conditions along the corridor, including existing path widths and routing to determine its compliance with the stated goals for an anchor route. Te analysis identifed that only one section of the existing route had compliant paths (min. 10’ sidewalks along Catail Lake). A number of existing paths were undersized but could be expanded successfully and a few areas had no existing paths or did not provide enough space within the creek corridor to successfully provide the desired Anchor Route width. Given this constraint, alternate on-street routes, or Bike Boulevards, are suggested for potential mobility. Te analysis also noted the intersection with the proposed Raptor Route which will provide a continuous alternative mobility route from the westside of Bozeman to Downtown and beyond to the M Trail. How these two urban corridors intersect is a key consideration in the project and the development of the Catail Anchor Route. LEGEND COMPLIANT (10’-12’ EXISTING PATH) EXPANDABLE (6’-8’ EXISTING PATH THAT CAN BE WIDENED) CONSTRAINED (2’-4’ PATH THAT CANNOT BE WINDENED) KEY INTERSECTING PATH MISSING (NO EXISTING PATH) 6 281 CATTAIL CREEK CORRIDOR 06/24/2024 | PROGRAM EXISTING PARKS / PARK TYPES Neighborhood parks are the basic unit of the park system, and serve as the recreational and social focus of the neighborhood. Focus is on informal recreation for all age groups and geared towards those living within the service area. Neighborhood parks should be centrally located within their service area, with access uninterrupted by non-residential roads and other physical barriers. The service area of a neighborhood park has a ¼- to ½-mile radius. Neighborhood Parks 223 Acres | 34 Parks Alder Creek Centennial Park Cooper Park Creekwood Subdivision Park Diamond Park Enterprise Park Flanders Creek Subdivision Park Four Points Minor Subd. Park Gran Cielo Headlands Park HRDC (West Babcock Park) Icon Park Jarrett Park Legends At Bridger Creek Park M Anderson Park Matthew Matsen Park Meadow Creek Park NE Corner & N Laurel Pkwy New Hyalite View Park Sandan Park South University Distict Southside Park The Lakes At Valley West Park Traditions Subdivision Park Valley Unit Park Valley West Park Walton Homestead Park West Winds Park Westbrook Westfeld Park Relevant Parks Typical Assets and Design Considerations Program & Use Facilities include playgrounds (including adult and senior playground equipment); informal playfelds or natural areas; basketball, tennis and volleyball courts; ice skating; trails; and picnic and sitting areas. Accommodations for off-leash recreation should be provided where feasible. Environmental Benefts Similar to the pocket parks and plazas typology, it is imperative to design grading to direct stormwater into planted areas and mitigate the need for regular irrigation. In these active, neighborhood serving parks, investments in low maintenance plantings and shade trees will support community use on hot days and reduce urban heat island effect from surrounding areas. Siting/Access The site should be accessible from throughout its service area by way of interconnecting trails, sidewalks, or low-volume residential streets. Ease of access and walking distance are critical factors in locating a neighborhood park. A neighborhood park should have a minimum of 50 percent frontage on a public or approved private street. Neighborhood parks are generally 3 to 10 acres in size. Leftover parcels of land that are undesirable for development are also generally undesirable for neighborhood parks and should be avoided. It is more cost-effective to select a site with inherent aesthetic qualities, rather than trying to recreate them through extensive development. Connections and relationships within the neighborhood will help to provide accessible and visually cohesive relationships to surrounding community destinations. Connections within and to the park from nearby bike lanes and greenways should be prioritized, especially those that connect into city anchor routes. Curb cuts at street crossings and wayfnding to direct visitors to surrounding amenities, especially downtown, will help orient visitors to various destinations. Centennial Park Valley West Park City Goal of 100% Frontage on Public Roads Central location in residential neighborhoods Flexible multi-use natural areasConnection to sidewalks, community trails and greenways PlaceholderCommunity parks are larger in size and serve a broader purpose than neighborhood parks. Their focus is on meeting the recreational needs of the entire community. They allow for group activities and offer other recreational opportunities not feasible – nor perhaps desirable – in a neighborhood park. Community Parks Story MillCommunity Park BozemanPond Glen LakeRotary Park Kirk Park 199 Acres | 8 Parks Beall Park Bogert Park Bozeman Pond Glen Lake Rotary Park Kirk Park Lindley Park Story Mansion Park Story Mill Community Park Relevant Parks Program & Use Potential recreation facilities include playgrounds (including adult and senior playground equipment); basketball, tennis and volleyball courts; informal ballfelds for youth play; ice skating rinks (temporary); swimming pools or swimming beaches; trails, including cross-country ski trails; individual and group picnic/sitting areas; general open area; unique landscapes and features; nature study areas; and ornamental or native plant gardens. Accommodations for off-leash recreation should be provided where feasible. Environmental Benefts Similar to the pocket parks and plazas typology, it is imperative to design grading to direct stormwater into planted areas and mitigate the need for regular irrigation. These larger parks can also direct runoff towards designed bioretention systems (e.g., swales and rain gardens). Wherever possible, these parks should increase planting areas that can capture stormwater and support water conservation measures citywide, through low irrigation, native plantings. Siting/Access Optimally, the site should be between 20 and 50 acres in size; however the actual size should be based on the land area needed to accommodate desired uses. The site should be serviced by arterial and collector streets, as well as the community trail system. Parking lots should be provided as necessary to accommodate user access. The site’s natural character should play a very signifcant role in site selection, with emphasis on sites that preserve unique landscapes within the community and/or provide recreational opportunities not otherwise available. Typical Assets and Design Considerations Recreational FacilitiesConnection to community trail system Native Planting Areas Arterial / Connector Streets + Parking Access PlaceholderLinear parks contain pathways that serve a number of important functions: • They tie park components together to form a cohesive park, recreation, and active transportation system; • They allow for uninterrupted and safe pedestrian and bicycle movement between parks and throughout the community • They contain clear signage that visually connects park components and trails to better wayfnding • They provide an opportunity for resource-based outdoor recreation. Linear Parks Gallagator Linear Park Harvest Creek Park 62 Acres | 24 Parks Babcock Meadows Brookside Park Diamond Estates Public Park Gallagator Linear Park Greenway/Westgate Harvest Creek Langohr Gardens Park North 9th Northern Pacifc Addition To Bozeman Oak Meadows Subdivision Park Sourdough Trail Park Spring Meadows Park Sundance Springs Park The Knolls At Hillcrest Park The Knolls At Hillcrest Park Valley Creek Park Village Downtown Park West Meadows Park Westridge East Park Westridge North Park Westridge South Park Relevant Parks Typical Assets and Design Considerations Program & Use Linear parks can be developed for a variety of different recreational activities. Most notable are hiking, walking, jogging, bicycling and cross-country skiing. Environmental Benefts The environmental benefts of linear parks include reduced emissions from vehicular transportation and an opportunity to create longer stretches of contiguous native vegetation, habitat and wildlife corridors. Special care should be taken to avoid the spread of weeds within linear parks. Since these habitat corridors will also naturally support non- native species expansion, it is important to create barriers for the spread of those species. Many linear parks exist along water courses, which presents an opportunity to improve riparian edges. Plantings and naturalized landscapes along the water’s edge could support increased fsh and other amphibious species habitat. Education signage regarding “rewilding” of these riparian edges should also be considered to raise awareness of these investments. Siting/Access Land availability and opportunity are the primary factors determining location. Many linear parks will follow natural features such as watercourses, while others will follow man-made features such as abandoned railways. Linear parks should be at least 25 feet wide for general trail use, with additional width required for parks used for cross-country skiing. In addition to this minimum width, which linear parks can extend beyond, linear parks should also have requirements to provide specifc amenities. Linear parks should be designed to increase connectivity for wildlife and eliminate barriers to their movement. Parcels with steep slopes and natural vegetationProtection of natural wetland and ponds Connection to further trail systems PlaceholderNatural resource areas are lands set aside for the preservation of natural resources, remnant landscapes, and visual aesthetics or buffering. Oftentimes, these areas are contained within existing parks, and require a different management approach from more isolated natural areas. For example, Mcleod Park is a neighborhood park with natural areas that have to be well designed and integrated into the park to work alongside existing recreational uses. There are similar examples in West Winds Park and Bronken Park. These lands typically consist of: • Individual sites exhibiting natural resources; • Lands that are unsuitable for development but offer natural resource potential. Examples include parcels with steep slopes and natural vegetation, drainage ways and ravines; and • Protected lands, such as wetlands, riparian areas and ponds. Natural Area Parks and Natural Areas within Parks 184 Acres | 27 Parks/Areas Alder Creek Natural Space Allison Park Bridger Creek Park Bronken Park - Natural Space Burke Park Cattail Lake Subdivision Public Park Flanders Creek Subdivision Park Natural Space Grafs East Park Hauser Park Ice House Park Josephine Park Laurel Glen Park Loyal Gardens Subdivision Park Mcleod Park Meadow Creek Subd Public Park Norton East Ranch Sub Park Natural Space Oak Springs Park Access Corridor Peets Hill Shady Lane Public Park Traditions Subdivision Park Natural Space Tuckerman Park Valley West Park Natural Space West Winds Park Natural Space Willow Park Natural Areas within Parks Typical Assets and Design Considerations Program & Use Although natural areas are resource rather than user based, they can provide some recreation opportunities such as trails, and nature viewing and study. They can also function as greenways. Development should be kept to a level that preserves the integrity of the resource. Environmental Benefts Natural Area Parks should be protected, restored, maintained, and considered for expansion. To do this, clear communication and barriers to prevent dumping, walking, or vehicle access to the site should be incorporated into the design of these spaces. Minimize development of hard surfaces, including bike trails and boardwalks, and strategically place them to avoid dissecting, diminishing, or disturbing natural areas within parks. Use the existing types of vegetation community present in natural areas, whether forest, shrubland, meadow, stream, or wetland to guide the restoration design for adjacent sites and for site expansion within existing parks. These places should include educational information (e.g. signage) that will help visitors understand natural system functions and increase aware of ecosystem benefts. Bozeman’s Community Plan 2020 names birds as compatible with development and encourages habitat protection Siting/Access Resource availability and opportunity are the primary factors determining location and size. Typically, when siting a natural area, underutilized areas of parks and areas with vegetation or animal species of concern are ideal places for natural area investment. Access points should be limited and well-signed, and should connect into existing trail networks. Access to greenways, trails and nature viewing opportunities Protection of natural resource areas Baxter Meadows Natural Space Baxter Square Natural Space Cattail Creek Natural Space Ferguson Meadows Natural Space Natural Area Parks Playgrounds Informal Playfields Natural Areas Basketball Tennis Courts Volleyball Courts Playgrounds Informal Playfields Natural Areas Swimming Pools / Areas Basketball Tennis Courts Volleyball Courts Trails Walking Jogging Bicycling Cross-Country Skiing ** Consider Rewilding of Creeks Trails Nature Viewing / Study Greenways ** Prioritize integrity of the resource Picnic Sitting Areas Off-leash dog areas (where feasible) Group Picnic Group Sitting Areas Unique Landscapes / Features Off-leash dog areas (where feasible) CATTAIL CREEK CORRIDOR 06/24/2024 | PROGRAM EXISTING PARKS / PARK TYPES Neighborhood parks are the basic unit of the park system, and serve as the recreational and social focus of the neighborhood. Focus is on informal recreation for all age groups and geared towards those living within the service area. Neighborhood parks should be centrally located within their service area, with access uninterrupted by non-residential roads and other physical barriers. The service area of a neighborhood park has a ¼- to ½-mile radius. Neighborhood Typical Assets and Design Considerations Parks 223 Acres | 34 Parks Relevant Parks Alder Creek Centennial Park Cooper Park Creekwood Su bdivision Park Diamond Park Enterprise Park Flanders Creek Subdivision Park Four Points Minor Subd. Park Gran Cielo Headlands Park HRDC (West Babcock Park) Icon Park Program & Use sidewalks, or low-volume residential streets. Ease of Jarrett Park access and walking distance are critical factors in Facilities include playgrounds (including adult and Legends At Bridger Creek Park locating a neighborhood park. A neighborhood park senior playground equipment); informal playfelds should have a m inimum of 50 percent frontage on a M Anderson Park or natural areas; basketball, tennis and volleyball public or approved private street. Neighborhood parks Matthew Matsen Park courts; ice skating; trails; and picnic and sitting areas. are generally 3 to 10 acres in size. Leftover parcels of Meadow Creek Park Accommodations for off-leash recreation should be land that are undesirable for development are also NE Corner & N Laurel Pkwy provided where feasible. generally undesirable for neighborhood parks and New Hyalite View Park Environmental Benefts should be avoided. It is more cost-effective to select a site with inherent aesthetic qualities, rather than Sandan Park Similar to the pocket parks and plazas typology, it is trying to recreate them through extensive development. South University Distict imperative to design grading to direct stormwater Connections and relationships within the Southside Park into planted areas and mitigate the need for regular neighborhood will help to provide accessible and The Lakes At Valley West Park irrigation. In these active, neighborhood serving visually cohesive relationships to surrounding Traditions Su bdivision Park parks, investments in low maintenance plantings and community destinations. Connections within and to Valley Unit Park shade trees will support community use on hot days the park from nearby bike lanes and greenways should and reduce urban heat island effect from surrounding Valley West Park be prioritized, especially those that connect into areas. city anchor routes. Curb cuts at street crossings and Walton Homestead Park wayfnding to direct visitors to surrounding amenities, West Winds Park Siting/Access especially downtown, will help orient visitors to Westbrook The site should be accessible from throughout various destinations. Westfeld Park its service area by way of interconnecting trails, Centennial Park Valley West Park City Goal of 100% Frontage on Public Roads Central location in residential neighborhoods Flexible multi-use natural areas Connection to sidewalks, community trails and greenways Playgrounds Picnic Informal Playfields Sitting Areas Natural Areas Off-leash dog areas (where feasible) Basketball Tennis Courts Volleyball Courts PlaceholderPlaceholderPlaceholderCATTAIL LAKE SUBDIVISION PUBLIC PARK CATTAIL CREEK NATURAL AREA BAXTER SQUARE NATURAL AREA BAXTER SQUARE PARK CATTAIL CREEK PARK BOZEMAN POND WEST WINDS PARK HARVEST CREEK BABCOCK MEADOWS GREENWAY FUTURE DEVELOPMENT Cattail Creek Corridor and Anchor Route Park Master Plan Community parks are larger in size and serve a broader purpose than neighborhood parks. Their focus is on meeting the recreational needs of the entire community. They allow for group activities and offer other recreational opportunities not feasible – nor perhaps desirable – in a neighborhood park. AY Community Parks Story Mill Community Park Bozeman Pond Glen Lake Rotary Park Typical Assets and Design Considerations 199 Acres | 8 Parks Relevant Parks Beall Park Bogert Park Bozeman Pond Glen Lake Rotary Park Kirk Park Lindley Park Story Mansion Park Story Mill Community Park Program & Use towards designed bioretention systems (e.g., swales and rain gardens). Wherever possible, these parks Potential recreation facilities include playgrounds should increase planting areas that can capture Kirk (including adult and senior playground equipment); stormwater and support water conservation Park basketball, tennis and volleyball courts; informal measures citywide, through low irrigation, native ballfelds for youth play; ice skating rinks (temporary); plantings. swimming pools or swimming beaches; trails, including cross-country ski trails; individual and Siting/Access group picnic/sitting areas; general open area; unique Optimally, the site should be between 20 and 50 acres landscapes and features; nature study areas; and in size; however the actual size should be based ornamental or native plant gardens. Accommodations on the land area needed to accommodate desired for off-leash recreation should be provided where uses. The site should be serviced by arterial and feasible. collector streets, as well as the community trail Environmental Benefts system. Parking lots should be provided as necessary to accommodate user access. The site’s natural Similar to the pocket parks and plazas typology, it is character should play a very signifcant role in site imperative to design grading to direct stormwater selection, with emphasis on sites that preserve unique into planted areas and mitigate the need for regular landscapes within the community and/or provide irrigation. These larger parks can also direct runoff recreational opportunities not otherwise available. Recreational Facilities Connection to community trail system Native Planting Areas Arterial / Connector Streets + Parking Access Playgrounds Group Picnic Informal Playfields Group Sitting Areas Natural Areas Unique Landscapes / Features Swimming Pools / Areas Off-leash dog areas (where feasible) Basketball Tennis Courts Volleyball Courts Trails Linear Parks Typical Assets and Design Considerations 62 Acres | 24 Parks Relevant Parks Linear parks contain pathways that serve a number of important functions: Babcock Meadows • They tie park components together to form a cohesive park, recreation, Brookside Park and active transportation system; Diamond Estates Public Park • They allow for uninterrupted and safe pedestrian and bicycle movement Gallagator Linear Park between parks and throughout the community Greenway/Westgate • They contain clear signage that visually connects park components and Harvest Creek trails to better wayfnding Langohr Gardens Park • They provide an opportunity for resource-based outdoor recreation. North 9th Northern Pacifc Addition To Bozeman Oak Meadows Subdivision Park Sourdough Trail Park Spring Meadows Park Sundance Springs Park Parcels with steep slopes and natural vegetation Protection of natural wetland and ponds Connection to further trail systems The Knolls At Hillcrest Park The Knolls At Hillcrest Park Gallagator Linear Park Harvest Program & Use amphibious species habitat. Education signage Creek Park Valley Creek Park regarding “rewilding” of these riparian edges should Linear parks can be developed for a variety of different also be considered to raise awareness of these Village Downtown Park recreational activities. Most notable are hiking, investments. West Meadows Park walking, jogging, bicycling and cross-country skiing. Westridge East Park Siting/Access Westridge North Park Environmental Benefts Land availability and opportunity are the primary The environmental benefts of linear parks include Westridge South Park factors determining location. Many linear parks reduced emissions from vehicular transportation will follow natural features such as watercourses, and an opportunity to create longer stretches of while others will follow man-made features such as contiguous native vegetation, habitat and wildlife abandoned railways. Linear parks should be at least corridors. Special care should be taken to avoid the 25 feet wide for general trail use, with additional spread of weeds within linear parks. width required for parks used for cross-country Since these habitat corridors will also naturally skiing. In addition to this minimum width, which support non- native species expansion, it is important linear parks can extend beyond, linear parks should to create barriers for the spread of those species. also have requirements to provide specifc amenities. Linear parks should be designed to increase Many linear parks exist along water courses, which connectivity for wildlife and eliminate barriers to presents an opportunity to improve riparian edges. their movement. Plantings and naturalized landscapes along the water’s edge could support increased fsh and other Walking Jogging Bicycling Cross-Country Skiing ** Consider Rewilding of Creeks Natural Area Parks Typical Assets and Design Considerations and Natural Areas within Parks 184 Acres | 27 Parks/Areas Natural Areas Natural resource areas are lands set aside for the preservation of natural within Parks resources, remnant landscapes, and visual aesthetics or buffering. Oftentimes, these areas are contained within existing parks, and require a Alder Creek Natural Space different management approach from more isolated natural areas. Allison Park For example, Mcleod Park is a neighborhood park with natural areas that Bridger Creek Park have to be well designed and integrated into the park to work alongside Bronken Park - Natural Space existing recreational uses. There are similar examples in West Winds Park Burke Park and Bronken Park. These lands typically consist of: Cattail Lake Subdivision Public Park • Individual sites exhibiting natural resources; Flanders Creek Subdivision Park • Lands that are unsuitable for development but offer natural resource Natural Space Access to greenways, trails and nature viewing opportunities Protection of natural resource areas potential. Examples include parcels with steep slopes and natural Grafs East Park vegetation, drainage ways and ravines; and Hauser Park • Protected lands, such as wetlands, riparian areas and ponds. Program & Use Use the existing types of vegetation community Ice House Park present in natural areas, whether forest, shrubland, Although natural areas are resource rather than user meadow, stream, or wetland to guide the restoration Josephine Park Natural Area based, they can provide some recreation opportunities design for adjacent sites and for site expansion within Laurel Glen Park such as trails, and nature viewing and study. They Parks existing parks. Loyal Gardens Subdivision Park can also function as greenways. Development should These places should include educational information Baxter Meadows Natural Space be kept to a level that preserves the integrity of the Mcleod Park (e.g. signage) that will help visitors understand resource. Baxter Square Natural Space Meadow Creek Subd Public Park natural system functions and increase aware of Cattail Creek Natural Space Environmental Benefts ecosystem benefts. Bozeman’s Community Plan 2020 Norton East Ranch Sub Park names birds as compatible with development and Natural Space Ferguson Meadows Natural Natural Area Parks should be protected, restored, Space encourages habitat protection Oak Springs Park Access maintained, and considered for expansion. To do Corridor this, clear communication and barriers to prevent Siting/Access Peets Hill dumping, walking, or vehicle access to the site should Resource availability and opportunity are the be incorporated into the design of these spaces. Shady Lane Public Park primary factors determining location and size. Traditions Subdivision Park Minimize development of hard surfaces, including Typically, when siting a natural area, underutilized Natural Space bike trails and boardwalks, and strategically place areas of parks and areas with vegetation or animal them to avoid dissecting, diminishing, or disturbing Tuckerman Park species of concern are ideal places for natural area natural areas within parks. investment. Valley West Park Natural Space Access points should be limited and well-signed, and West Winds Park Natural Space should connect into existing trail networks. Willow Park Trails Nature Viewing / Study Greenways ** Prioritize integrity of the resource SITE ANALYSIS PARK TYPOLOGIES Since the proposed anchor route runs through a series of existing park systems in the City of Bozeman, the design team also reviewed the classifcations for the existing parks. Per the adopted PRAT PLAN, the corridor is bookended by a Natural Area Park at the North (Catail Lake) and a Community Park (Bozeman Pond) to the south. In between, the corridor is running within Neighborhood Parks and Linear Parks. Given the wetland characteristics of Area 2, it is anticipated that it may be more of a Natural Area Park when the corridor is fully developed. Additionally, the corridor is adjacent and/or connects to multiple existing neighborhood parks including Sandan Park, Baxter Creek Park, and Harvest Creek Park. Rose Park and Gallatin County Regional Park are also connected via the proposed Raptor Trail. Within the PRAT PLAN, key program types are outlined for each park classifcation, ranging from more active to more passive and mobility- oriented uses. Tese designations suggest opportunities for an infll program and park improvements to complement the corridor and create additional destinations and recreational opportunities within the master plan area. CATTAIL LAKE SUBDIVISION PUBLIC PARK CATTAIL CREEK NATURAL AREA BAXTER SQUARE NATURAL AREA BAXTER SQUARE PARK CATTAIL CREEK PARK BOZEMAN POND WEST WINDS PARK HARVEST CREEK BABCOCK MEADOWS GREENW FUTURE DEVELOPMENT 7 282 06/24/2024 | OBSERVATIONS FLEXIBLE LAWN BRIDGES COURTS BENCHES ORIENTATION NATURAL AREASSUMMARY OF EXIS CATTAIL CREEK CORRIDOR TING PROGRAM 11 BRIDGES 2 BASKETBALL COURTS 13 BENCHES CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF EXISTING PROGRAM 11 BRIDGES 2 BASKETBALL COURTS 13 BENCHES Cattail Creek Corridor and Anchor Route Park Master Plan SITE ANALYSIS EXISTING PARK PROGRAMS Te design team also prepared a survey of existing recreational facilities and programs along the corridor. In general, the parks were relatively under-programmed and feature mostly fexible lawn areas and paths for walking and biking. Periodically benches are provided for siting or taking in views of the creek or ponds. A few active programs such as basketball courts and a playground occur primarily in Areas 1 and Area 3. Promotion of a cohesive and unique identity or sense of place within the corridor is relatively understated. Tere are some existing wayfnding signs and multiple bridges along the corridor. However, the wayfnding and branding of the corridor is inconsistent and understated. By promoting a more prevalent and high-profle wayfnding system and enhancing key site features, greater interest and unique identity within the corridor would improve. KEY STATS bridges 11 basketball courts 2 13 benches playground 1 FLEXIBLE LAWN ORIENTATION NATURAL AREAS BRIDGES COURTS BENCHES 8 283 CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF EXISTING LAND COVER WATER TURF RIPARIAN SHRUBS 20 acres 39 acres 72 acres 19 acres GRASS LAND CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF HABITAT RESOURCES MEDIUMLOW HIGH WETWETWETDRY1 4 5 63 2 8 7 9 CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SUMMARY OF HABITAT RESOURCES MEDIUMLOW HIGH WETWETWETDRY1 2 3 4 5 6 7 8 9 Cattail Creek Corridor and Anchor Route Park Master Plan SITE ANALYSIS EXISTING LAND COVER To beter understand the environmental character of the corridor, the team mapped the existing land cover. 4 key categories were used to defne landcover: Surface Water, Turf, Native Grass Mix, and Riparian. Surface Water includes perennial wet portions of the creek and existing ponds. Turf is defned as a traditionally maintained grass area, requiring recurring water and mowing practices. Native Grass mix was generally naturalized areas without supplemental water and requiring minimal maintenance. Riparian areas are the more ecologically diverse and habitat rich zones that incorporate a mix of trees, shrubs and riparian oriented sub-shrub and grass species. Te survey was conducted in a coarse manner via aerial photography and visual ground surveys to understand the larger land types. Te team’s fndings suggested that transitioning some of the turf within the corridor to either native grasses or riparian landscapes could substantially improve the quality of the corridor’s ecology. Doing so would also support multiple City goals for recreation opportunities and sustainability defned with the PRAT Plan and other planning documents. Benefts would include reducing water and maintenance inputs within the corridor, create more opportunities for “natural” recreation within the City, and reducing urban heat island efect with additional tree canopy. KEY STATS 20 acres water 39 acres turf 72 acres native grass mix 19 acres riparian landscape EXISTING HABITAT RESOURCES As part of the land cover survey and visual analysis of the existing corridor, the design team noted a variety of habitat quality and types being ofered within the corridor. In general, remnant riparian and wetland habitat in Area 2 and part of Area 1 were the highest quality. More habitat potential existed with Area 1 and 3 given the amount of space available to bufer the creek; however, maintenance practices limit the existing quality. Area 4 was the most constrained and challenged given narrowness of the parkland yet some stretches feature notable tree and shrub coverage and shading along the creek with the potential to help keep water temperature cool. 1 4 5 6 3 2 8 7 9 1 2 3 4 5 6 7 8 9 9 284 CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETS REDUCE LAWN CONNECT & BUFFER HABITAT NODAL VS. DISTRIBUTED LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETSFLOW REDUCE LAWN CONNECT & BUFFER HABITAT NODAL VS. DISTRIBUTED LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETSFLOW CONNECT & BUFFER HABITAT NODAL VS. DISTRIBUTED LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETSFLOW REDUCE LAWN NODAL VS. DISTRIBUTED LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETS FLOW REDUCE LAWN CONNECT & BUFFER HABITAT NODAL VS. DISTRIBUTED LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETS FLOW REDUCE LAWN CONNECT & BUFFER HABITAT LOGICAL CROSSINGS CATTAIL CREEK CORRIDOR 06/24/2024 | DESIGN TENETS DESIGN TENETS FLOW REDUCE LAWN CONNECT & BUFFER HABITAT NODAL VS. DISTRIBUTED Cattail Creek Corridor and Anchor Route Park Master Plan DESIGN KEY PRINCIPLES Following site analysis, the design team developed initial design scenarios for the project. 5 key principles were developed to guide the routing of the anchor route and recommendations for environmental and park enhancements along the route. Principal 1 - Flow Since the primary goal for an Anchor Route is improving alternative mobility options and connections within the City, the design of the route will prioritize fow and directness within the corridor over meandering layouts. By doing so, connections will be more direct between destinations along the corridor and mobility times will be reduced to make biking, walking and running more efcient and potentially more atractive than vehicular travel. In some areas, meandering gravel fnes trails will remain in place as an alternate or complimentary option to the primary Anchor Route. Principal 2 - Nodal vs. Distributed When considering where to propose program additions or enhancements, the design will prioritize aggregating programs into more substantial nodes. By doing so, it will create signifcant active areas to promote use, feelings of safety, and variety of experiences within more visible park areas along the corridor. It should also provide more efcient maintenance and capital improvements strategies. Principal 3 - Logical Crossings Given that the corridor and anchor route crosses over numerous City Streets, including major east-west thoroughfares, the proposed plan utilizes existing street crossing or logical midblock locations that can be implemented with improved safety for cars, bikers and pedestrians. Parks and Recreation staf will work with the Transportation Department to coordinate improvements at street crossings and where the Anchor Route will be on-street. FLOW NODAL VS. DISTRIBUTED LOGICAL CROSSINGS Principal 4 - Reduce Lawn Given the sustainability concerns related to lawn, the design will look to reduce lawn to where it is more valuable within the corridor such as larger, multi-purpose felds with good street frontage. Where considered less valuable and useful, the design will reduce irrigated lawn through conversion into other park programs or through renaturalizing and replanting recommendations. Principal 5 - Connect & Bufer Habitat Consistent with ecological best practices, the project will look to connect isolated patches of high quality habitat and bufer the creek edge to support movement of wildlife along the creek and through the City. REDUCE LAWN CONNECT & BUFFER HABITAT 10 285 Cattail Creek Corridor and Anchor Route Park Master Plan 11 DESIGN PROGRAM ELEMENTS To help develop the potential for the corridor, the design team identifed program types that could be implemented to support the goals for the project. Tese initial ideas include recreational, ecological and mobility oriented programs based on the stated goals for the Anchor Route and Park typologies within the PRAT Plan. Te programs are not exclusive for future implementation but intended to be illustrative of the potential for the corridor to beneft many goals within the City. 286 Cattail Creek Corridor and Anchor Route Park Master Plan MASTER PLAN OVERVIEW Te master plan outlines the preferred Anchor Route and parkland alignment and a series of suggested improvements to the parks and landscape along the parkland corridor. Tese improvements are illustrated through a series of renderings, blow-up concept plans, and section drawings. Given the length of the corridor, the plan is broken into four areas for more detailed information and review. Section 1 runs from Catail Lake to the south end of the Catail Subdivision. Section 2 runs from the Catail Subdivision to Baxter Lane and is the area of the plan that has not developed. Parkland dedication and/or trail easements are needed to complete this segment. Section 3 includes West Winds and Harvest Creek subdivision parks between Baxter Lane and Durston. Section 4 is that narrowest parkland that connects to Gallatin Valley Mall and Bozeman Pond Park. Te area north of Section 1 is outside of the plan study area but has properties in the development review process that will help make the fnal connection to Valley Center’s shared use pathway. SECTION 1 SECTION 2 SECTION 3 SECTION 4 12 287 Cattail Creek Corridor and Anchor Route Park Master Plan 13 CATTAIL LAKE SANDAN PARK A D E F F F MATCHLINE - REFER TO SECTION 2 A B C D E F KEY ANCHOR ROUTE BIKE BOULEVARD PEDESTRIAN SIDEWALK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS SECTION 1 CATTAIL LAKE TO CATTAIL STREET Section 1 of the proposed masterplan runs from Catail Lake to Catail Street. It starts at the Catail Lake Subdivision and runs through the Catail Creek Subdivision Park system and features ample space to incorporate the Anchor Route and improvements. Te proposed plan recommends reusing the existing 10’ sidewalk at Catail Lake and routing a new crossing of the creek to align with Warbler Way as part of future infll developments. Within Catail Creek Parks, the route will utilize the existing eastside path as a primary alignment. Te path would be widened to the proposed anchor standard and take advantage of existing crossings. Additional programming, as illustrated in the following enlarged concept plans, is also recommended for the park. An improved 50’ landscape bufer at the creek edge is also proposed. More signifcant recreational enhancements are proposed at three nodes within the park. 288 Cattail Creek Corridor and Anchor Route Park Master Plan 14 1 09/28/2024 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANCATTAIL CREEK PARK PLAN 1 09/28/2024 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANCATTAIL CREEK PARK PLAN 1 09/28/2024 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANCATTAIL CREEK PARK PLAN A B C D E F G H KEY ANCHOR ROUTE SECONDARY PATHWAYS EXISTING POND EX. STORMWATER WETLAND OVERLOOK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS SECTION 1 CATAMOUNT TO CATRON STREET ENLARGED PLAN Two new recreational areas are proposed in this section of the Master Plan area. Te frst is a proposed picnic and pavilion area at the corner of Warbler Way and Catamount Street where existing turf area can be replaced to take advantage of the views to the Bridger Mountains and provide another destination node at the northern end of the corridor. Te second area repurposes an existing turf zone to further develop a sports and activity node near Sundew Lane. Te node would feature outdoor exercise equipment, multipurpose sports courts, and berms to help enclose the space and provide passive viewing opportunities to the mountains beyond. A B B C F E G G H D D Concept Plan for Picnic Node Concept Plan for Sports and Athletic Node 289 Cattail Creek Corridor and Anchor Route Park Master Plan BEFORE PROPOSED Visualization of the improved Anchor Route in this section, including improved planting, wayfnding and identity elements 15 290 1 02/21/2025 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMAN Cattail Creek Corridor and Anchor Route Park Master Plan OPEN TURF REPROGRAMMED TURF EXISTING SECTION PROPOSED SECTION OPEN TURF VARIES VARIES VARIES CREEK CREEK BUFFER AUGMENTED RIPARIAN BUFFER PATH ASPEN & COTTONWOOD VIEWING BERM 6’-0” 12’-0” BUFFER AUGMENTED RIPARIAN BUFFER VARIES 5’-0” to 10’-0” VARIES 25’-0” to 50’-0” VARIES 5’-0” to 10’-0” VARIES 45-0” to 100’-0” SIDE WALK SIDE WALK 6’-0” 6’-0” MULTIPURPOSE COURT MULTIMODAL ANCHOR ROUTE PUBLIC ART PAVILLION MINIMUM 50’ DESIRED WATER COURSE SET BACK MINIMUM 50’ DESIRED WATER COURSE SET BACK WILLOWS & DOGWOOD ASPHALT OR CONCRETE PATHWAY SECTION NOTE: NO NON-VEGETATED IMPROVEMENTS WITHIN 30’-0” OF WATERCOURSE UNLESS NOTED MINIMUM OF 50’-0” WATERCOURSE SETBACK DESIRED IN ALL LOCATIONS Existing cross section of the corridor and proposed improved cross section, including widened Anchor Route, additional programming and bufered riparian corridor. 16 291 Cattail Creek Corridor and Anchor Route Park Master Plan 17 1 09/28/2024 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANCATTAIL CREEK PARK PLAN 1 09/28/2024 BYLA L A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANCATTAIL CREEK PARK PLAN A B C D E F G H KEY ANCHOR ROUTE SECONDARY PATHWAYS EXISTING POND EX. STORMWATER WETLAND OVERLOOK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS SECTION 1 CATTAIL STREET ENLARGED PLAN Tis area of the park system would not see signifcant programmatic changes. Tere is ample room for widening the primary pathway and upgrading its surface material. Auxiliary meandering gravel paths would stay intact on the west side of the creek. Expansion of the sports court area along Catail is proposed warranting support infrastructure such as shade structures, restroom facilities and drinking fountains. Section 1 presents an opportunity for conversion from mown turf lawn to diverse riparian vegetation. With the help of the Gallatin Watershed Council, the Forestry Division and changes to the Parks Division’s maintenance practices, natural processes can be encouraged to take over closer to the water to improve water quality and animal habitat. Overlook areas and bridge crossings will provide enjoyment of the watercourse which is noted in the PRAT Plan amongst the top 10 most desired park features. A A B B C F F F H G G E Concept Plan for Sports and Athletic Node featuring a walking loop, outdoor exercise equipment, pavilions and expanded multi-purpose courts 292 2 02/21/2025 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMAN Cattail Creek Corridor and Anchor Route Park Master Plan ASPEN & COTTONWOOD MULTIMODAL ANCHOR ROUTE MINIMUM 50’ DESIRED WATER COURSE SET BACK MINIMUM 50’ DESIRED WATER COURSE SET BACK WILLOWS & DOGWOOD TURF ZONE TURF ZONE VARIES VARIES CREEK BUFFER PATH 5’-0” BUFFER VARIES 5’-0” to 10’-0” VARIES 5’-0” to 10’-0” SIDE WALK PATH 6’-0” 6’-0” OPEN TURF VARIES EXISTING SECTION PROPOSED SECTION CREEK AUGMENTED RIPARIAN BUFFER OVERLOOK 12’-0” AUGMENTED RIPARIAN BUFFER VARIES 25’-0” to 50’-0” VARIES 25’-0” to 70’-0” SIDE WALK GRAVEL FINES 6’-0” 6’-0” OPEN TURF VARIES PLAYGROUND BENCH ASPHALT OR CONCRETE PATHWAY SECTION NOTE: NO NON-VEGETATED IMPROVEMENTS WITHIN 30’-0” OF WATERCOURSE UNLESS NOTED MINIMUM OF 50’-0” WATERCOURSE SETBACK DESIRED IN ALL LOCATIONS Existing cross section of the corridor and proposed improved cross section, including widened Anchor Route, additional programming and bufered riparian corridor. 18 293 Cattail Creek Corridor and Anchor Route Park Master Plan A B C D E F KEY ANCHOR ROUTE BIKE BOULEVARD PEDESTRIAN SIDEWALK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS SECTION 2 (GapArea) CATTAIL STREET TO BAXTER LANE Section 2 of the proposed masterplan coves an area that is not yet parkland but is the most likely area for park dedication when developed. Tis area includes wetlands, an historic railroad berm, and some mature vegetation including large trees that should be protected. Te Anchor Route routing in this section is proposed to run south from Catail Street and look to cross the creek in an opportunistic location near the existing intersection of Georgia Maria and Hoover Way. Tis westward shif is proposed to align the path toward existing Bozeman Public School District property and toward a crossing at Baxter Lane at Hunters Way . Sensitivity in the development of the route will be needed given the environmental assets within this area, and to negotiate implementation successfully with future developments BOZEMAN SCHOOLS PARCEL A C C F MATCHLINE - REFER TO SECTION 1 MATCHLINE - REFER TO SECTION 3 PROPOSED KIMBERWICKE STREET CATTAIL STREET PROPOSED RAWHIDE RIDGE PROPOSEDHUNTERS WAY 19 294 Cattail Creek Corridor and Anchor Route Park Master Plan A B C D E F KEY ANCHOR ROUTE BIKE BOULEVARD PEDESTRIAN SIDEWALK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS SECTION 3 WEST WINDS AND HARVEST PARKWAY Within West Winds park, the proposed plan recommends a path alignment that mixes new paths and expansion of existing paths. A new midblock crossing with trafc calming is suggested on Tradewind Lane, and existing crossings at Tschache Lane and Breeze Lane are redesigned for pedestrian safety. Alternate connections to Oak Street were studied with the fnal recommendation to connect the path to the existing crossing at Oak Street and Hunters Way due to proximity to the Harvest Creek trailhead and opportunity for on-street connection to Monkey Park. At Harvest Creek’s linear parks, a gravel fnes trail and bridge crossings are already intact in a serene seting with mature trees and well- manicured and irrigated lawn. Care will need to be given to balance privacy concerns with safety as new vegetation is considered and the trail is widened. Tis area is not likely to see the frst round of improvements as the focus will be connecting missing links in years 1 and 2, but new maintenance practices could be employed to reduce the area of irrigated lawn in select locations. MATCHLINE - REFER TO SECTION 2 MONKEY PARK ROSE PARK RAPTOR ROUTE A D E F F F MATCHLINE - REFER TO SECTION 4 20 295 Cattail Creek Corridor and Anchor Route Park Master Plan 21 2 09/28/2024 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMANWEST WIND PARK PLAN SECTION 3 WEST WINDS ENLARGED PLAN Given the importance of the intersection of the Raptor Route with the Catail Creek Anchor Route and the availability of cash-in-lieu of parkland funding in this area, a more detailed concept plan was developed within West Winds in anticipation of Site Plan/construction drawing production with additional neighborhood input in 2026- 2027. Te plan proposes an enhanced bike roundabout crossing for the intersection to help guide trafc going in each direction. Sidewalk widening to the east is already underway in partnership with the Transportation Division and a new bridge has been installed to the west in partnership with the Gallatin Valley Land Trust. Tis important hub presents an opportunity to redesign the playground and add programming to create a more robust neighborhood park. Picnic groves, creative seating and gardens are proposed in this plan, to be guided by the aesthetic package that was the result of a Girls Park workshop, along with areas reserved for fexible turf and multipurpose courts. Additional programs will KEY A B C D E F G H I J ANCHOR ROUTE RAPTOR ROUTE NEIGHBORHOOD DOG PARK EX. STORMWATER WETLAND OVERLOOK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS OUTDOOR EXERCISE STATION MIDBLOCK CROSSING A A A B B C D F F F G G I I J H H 296 Cattail Creek Corridor and Anchor Route Park Master Plan 22 SECTION 3 WEST WINDS PARK ENLARGED PLAN be considered through a more focused design and neighborhood engagement process and ongoing coordination with the City’s Transportation Division will contribute to the enhanced safety of street crossings. Te plan should balance safety and privacy concerns along with natural resource impacts while increasing public access, vegetation and the diversity of oferings at the park. A B C D E F G H I J KEY ANCHOR ROUTE BIKE ROUNDABOUT PLAYGROUND PICNIC GROVE COMMUNITY GARDEN RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS MULTIPURPOSE COURT RAPTOR ROUTE A A B C D E F F G G G H H J J I 297 3 02/21/2025 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMAN Cattail Creek Corridor and Anchor Route Park Master Plan MULTIMODAL ANCHOR ROUTE ASPEN & COTTONWOOD COMMUNITY GARDEN MINIMUM 50’ DESIRED WATER COURSE SET BACK MINIMUM 50’ DESIRED WATER COURSE SET BACK WILLOWS & DOGWOOD GRASSLAND DROUGHT-TOLERANT MEADOW EXISTING SECTION PROPOSED SECTION TURF ZONE VARIES VARIES VARIES CREEK CREEK BUFFER BUFFER PATH GRAVEL FINES 6’-0” 12’-0” 6’-0” BUFFER BUFFER VARIES 5’-0” to 10’-0” VARIES 25’-0” to 50’-0” VARIES 5’-0” to 10’-0” VARIES 45’-0” to 75’-0” SIDE WALK SIDE WALK ADJACENT PRIVATE LOT ADJACENT PRIVATE LOT 5’-0” 5’-0” VARIES VARIES NEW WALKING PATH ASPHALT OR CONCRETE PATHWAY SECTION NOTE: NO NON-VEGETATED IMPROVEMENTS WITHIN 30’-0” OF WATERCOURSE UNLESS NOTED MINIMUM OF 50’-0” WATERCOURSE SETBACK DESIRED IN ALL LOCATIONS Existing cross section of the corridor and proposed improved cross section, including widened anchor route and bufered riparian corridor. 23 298 Cattail Creek Corridor and Anchor Route Park Master Plan A B C D E F KEY ANCHOR ROUTE BIKE BOULEVARD PEDESTRIAN SIDEWALK RENATURALIZED AREA TURF AREA ENHANCED CROSSINGS A A C D F F F B B BOZEMAN POND PARK GALLATIN VALLEY MALL MATCHLINE - REFER TO SECTION 3 F SECTION 4 DURSTON STREET TO GALLATIN VALLEY MALL Tis section of the Anchor Route is the most constrained location, moving through more developed and dense neighborhoods. As a result, implementing an Anchor Route at its preferred width and setback from the creek is not feasible in many locations. To resolve these conficts, the design team recommended additional bike boulevards and shared path strategies to provide a mix of bike and pedestrian pathways. Recreational improvements for these areas is limited so the emphasis is on safer and more atractive connections to larger park areas. 24 299 CAPTION Cattail Creek Corridor and Anchor Route Park Master Plan PROPOSED BEFORE 25 300 4 02/21/2025 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMAN Cattail Creek Corridor and Anchor Route Park Master Plan MULTIMODAL ANCHOR ROUTE MINIMUM 50’ DESIRED WATER COURSE SET BACK MINIMUM 50’ DESIRED WATER COURSE SET BACK ASPEN & COTTONWOOD WILLOWS & DOGWOOD TURF W/ MATURE TREES TURF W/ MATURE TREES AUGMENTED AND NATURALIZED LANDSCAPE EXISTING SECTION PROPOSED SECTION TURF W/ MATURE TREES AUGMENTED AND NATURALIZED LANDSCAPE VARIES VARIES 30’-0” to 50’-0” VARIES VARIES VARIES 25’-0” to 40’-0” CREEK CREEK PATH GRAVEL PATHWAY 6’-0” 12’-0” PUBLIC ART SECTION NOTE: NO NON-VEGETATED IMPROVEMENTS WITHIN 30’-0” OF WATERCOURSE UNLESS NOTED MINIMUM OF 50’-0” WATERCOURSE SETBACK DESIRED IN ALL LOCATIONS Existing cross section of the corridor and proposed improved cross section, including widened anchor route and bufered riparian corridor. 26 301 CAPTION Cattail Creek Corridor and Anchor Route Park Master Plan PROPOSED BEFORE 27 302 5 02/21/2025 BYLAL A N D S C A P E A R C H I T E C T S 323 Lewis . | Ketchum, ID(208) 726 5907 • (208) 720 0215www.byla.us CATTAIL CREEK CORRIDOR BOZEMAN Cattail Creek Corridor and Anchor Route Park Master Plan SECTION MULTIMODAL ANCHOR ROUTE ASPEN & COTTONWOOD WILLOWS & DOGWOOD TURF ZONE PLANTED BUFFER PLANTED BUFFER EXISTING SECTION PROPOSED SECTION VARIES VARIES 5’-0” to 35’-0” VARIES 5’-0” to 35’-0” CREEK CREEK PATH GRAVEL PATHWAY 5’-0” 5’-0” SIDEWALK SIDEWALK BIKE BOULEVARD ADJACENT PRIVATE LOT ADJACENT PRIVATE LOT 5’-0” 10’-0” VARIES VARIES PAVMENT - GREEN BIKE BOULEVARD SIGN NOTE: NO NON-VEGETATED IMPROVEMENTS WITHIN 30’-0” OF WATERCOURSE UNLESS NOTED MINIMUM OF 50’-0” WATERCOURSE SETBACK DESIRED IN ALL LOCATIONS Existing cross section of the corridor and proposed improved cross section, including widened anchor route and bike boulevard 28 303 Cattail Creek Corridor and Anchor Route Park Master Plan 29 PUBLIC ENGAGEMENT Te Catail Corridor and Anchor Route Park Master Plan has been in progress for roughly two years and has been discussed at several meetings of the Urban Parks and Forestry Board and City Commission during that time. Information was provided on the City’s “Engage” website throughout the process and news posts went out to page subscribers via email. Parks and Recreation held its annual Bike Your Park Day in 2 parks along the corridor in 2024 and 2025 to draw atention to the project and gain input, with art banners created by Mountain Time Arts installed along the pathway to heighten awareness. Parks and Recreation staf presented virtually to the Catail Creek, West Winds and Harvest Creek Subdivision Home Owners Associations including question and answer sessions. Te outcome of public engagement has resulted in some changes to the initial proposal. At West Winds, direct access to the larger park of Hunters Way at Flurry Lane was added and emphasis was placed on the retention of multi-purpose felds. Further neighborhood discussions will result in additional refnement during Site Plan/ construction drawing creation. Lastly, as stated in the introduction, the Park Master Plan’s vision was a direct result of city-wide engagement during the creation of the 2023 Comprehensive Parks, Recreation and Active Transportation Plan. Tis project is the City’s frst major step toward implementation of the PRAT Plan. Images from Girls Park Workshop Images from Bike Your Park Days along the Corridor 304 30 APPENDIX 305 Cattail Creek Corridor and Anchor Route Park Master Plan CATTAIL CREEK CORRIDOR BENCH WATER ACCESS SPORTS COURT DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) HABITAT FEATURE RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK 06/24/2024 | OBSERVATIONS WARBLER WAY DAVIS LANE SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 1A CATTAIL POND CATAMOUNT STREET MIDBLOCK CROSSING? MAINTENANCE PRACTICES MAINTENANCE PRACTICES DIVERSIFY MATRIX FOR HABITAT SUNDEW LANE BRIDGE IDENTITY BLACKBIRD STREET FEN WAYNEED FOR NEW PATH 31 306 Cattail Creek Corridor and Anchor Route Park Master Plan BENCH WATER ACCESS DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) RIPARIAN HABITAT RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS CATTAIL S T R E E T DAVIS LANE WARBLER WAY SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 1B SANDAN PARK OVERLOOK OPPORTUNITY AMPLIFY WAYFINDING BLACKBIRD STREET CONNECTIVITY TO ADJACENT PARKS FEN WAYMAINTENANCE PRACTICES CATRON STREET MATURE REMANENT 32 307 Cattail Creek Corridor and Anchor Route Park Master Plan CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 2 PROPOSED KIMBERWICKE STREET REMANENT HABITAT PROPOSED RAWHIDE RIDGE SCHOOL DISTRICT PARCELS PATH ROUTING NEED PREFERRED CONNECTION POINT PROPOSED HUNTERS WAYBLACKBIRD STREETNATURAL EXPERIENCE POTENTIAL HOOVER WAYTHOMAS DRIVE GEORGIA MARIE LANE RENEE WAY BAXTER SQUARE EQUESTRIAN LANE CONSTRAINED PATH LOCATION PROGRAMMABLE PARK BAXTER LANE 33 308 Cattail Creek Corridor and Anchor Route Park Master Plan BENCH WATER ACCESS DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) RIPARIAN HABITAT RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 3A PROGRAM OPPORTUNITY PATH ROUTING NEED TSCHACHE LANE PROPOSED RAPTOR TRAIL CONSTRAINED PATH EXISTING CROSSING HUNTERS WAYBUCKRAKE AVE OPPORTUNITY TO REVEG OFFSET CONNECTION TO OAK STREET TRAILS BAXTER LANE TRADE WIND LANE TURBULENCE LANE OPPORTUNITY TO DENSIFY PROGRAM PROPOSED RAPTORTRAIL BREEZE LANE 34 309 Cattail Creek Corridor and Anchor Route Park Master Plan BENCH WATER ACCESS DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) RIPARIAN HABITAT RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK 06/24/2024 | OBSERVATIONS HUNTERS WAY 25TH AVE SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 3B OAK STREET CONSTRAINED PATH PED PATH TO LOCAL SCHOOL ANNIE STREET OFFSET CROSSING CONNECT TO OPEN SPACE ROSE STREET BUCKRAKE AVE POTENTIAL BIKE BOULEVARD? DRY CREEK BED - NO HABITAT STRUCTURE MONKEY EMILY DICKINSON SCHOOL PARK DURSTON ROAD CATTAIL CREEK CORRIDOR 35 310 Cattail Creek Corridor and Anchor Route Park Master Plan BENCH WATER ACCESS DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) RIPARIAN HABITAT RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 4A DURSTON RD NODE / PLACEMAKING OPPORTUNITY MEADOW QUALITY NORTH MEADOWS PARK VILLARD STREET OPPORTUNITY TO VEGETATE TO MITIGATE PUBLIC / PRIVATE INTERFACE NODE / PLACEMAKING OPPORTUNITY WILLOW PARK NO PATH FEASIBLE MENDENHALL STREET NO PATH FEASIBLE HUNTERS WAY POTENTIAL BIKE BOULEVARD? HUNTERS WAY MICHAEL GROVE AVEBABCOCK STREET 36 311 Cattail Creek Corridor and Anchor Route Park Master Plan BENCH WATER ACCESS DOG STATION PLAYGROUND PROGRAM OPPORTUNITY (E) WAYFINDING VIEW WAYFINDING OPPORTUNITY BRIDGE (E) CROSSWALK (E) PATHWAY XXXXX CROSSWALK OPPORTUNITY (E) RIPARIAN HABITAT RESTORATION OPPORTUNITY PROPERTY LINE AREA EXTENT PATH DESIRE SIDEWALK CATTAIL CREEK CORRIDOR 06/24/2024 | OBSERVATIONS MAIN ST R E E T SITE ANALYSIS - CORRIDOR OBSERVATIONS OBSERVATIONS - SECTION 4B BABCOCK STREET MATURE RIPARIAN SPECIES POTENTIAL BIKE BOULEVARD? BOZEMAN POND PARK DONNA AVE GALLATIN VALLEY MALL CONSTRAINED PATH CONSTRAINED PATH PLACEMAKING OPPORTUNITY / CONNECTION TO THE MALL VIRGINIA WAY 37 312 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Cola Rowley, Assistant City Manager SUBJECT:Appointment to the Library Board of Trustees MEETING DATE:September 15, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member [INSERT NAME] to the Library Board of Trustees to fulfill a term ending June 30, 2027, and I move to appoint one member [INSERT NAME] to the Library Board of Trustees for a term ending June 30, 2031. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Library Board of Trustees currently has two vacancies due to a resignation and a term expiring on June 30, 2026. Three applications have been received. The Library Board of Trustees is created under Section 22-1-308 of the Montana Code Annotated and Section 2.05.350 of the Bozeman Municipal Code. Under Section 2.05.350 of the B.M.C., the Board of Trustees of the Public Library shall be composed of five persons and shall be appointed by the Mayor, with the advice and consent of the Commission, and shall serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year (July 1) for the term of five years, and until his/her successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. They shall have power to select librarians and other employees as they may determine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefore with any money available for that purpose and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions and shall make a report to the City Commission at the close of each calendar year, covering 313 the business transacted by it during the year (Ordinance No. 1163, 1984; Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency requirements are contained in either the M.C.A. or the B.M.C. Under state statutes, this Board is administrative. This board currently has two vacancies. The City Clerk’s Office has received three applications with their relevant qualifications below. 1. One position with a term expiring June 30, 2031. 2. One position with a term expiring June 30, 2027. Applicants: Kathy Smith Emmy Chuck Amara Reese-Hansell UNRESOLVED ISSUES:Commissioner Jennifer Madgic is the City Commission liaison for this board. Library Board of Trustees appointments are Mayoral appointments with the advice and consent of the Commission. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Library Board Applications for Agenda Sept2026.pdf Report compiled on: September 2, 2026 314 Submit Date: Aug 08, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Library Board of Trustees: Submitted How did you hear about this Board/Commission or vacancy? Stew Mohr Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 6-10 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? NA Kathy M Smith Bozeman MT 59718 Retired Health & Wellness Coach Health Coach Kathy M Smith Page 1 of 3315 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. My career path includes being a middle school science teacher, running my own natural body care company, working at the Norris Cotton Cancer Center at Dartmouth College, and leading people to better health through ARAY Wellness Coaching. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. I find it encouraging that Bozeman has passed Resolution 5556. I have served on the Health & Well-Being/Age Friendly Bozeman committee with Cheryl Bartholomew to help find solutions for citizens regarding their Health & Well Being. I was trained and served on the Haven's Supportline for a year. This was an eye-opening experience in our affluent community. Expanding ways to give back, I have joined the Sunrise Rotary and look forward to putting service above self here in the community and beyond. You may see me at the Art Walks or at the holiday group sing at the Mall since I joined the Bridger Mountain Harmony Chorus (and their board) this year. I volunteer at Fork & Spoon when my schedule allows. I led two Meetups for six years here in town. We met once a month to walk Peet's Hill, and I led an ongoing Wellness series at the Bozeman Public Library where we met to discuss relevant health issues and deepen our mindfulness skills. Finally, I volunteered at the Gallatin County Detention Center where I taught yoga to a portion of the incarcerated women for two years. There are many ways to give back and each effort counts. Together, we can make Bozeman a community for all. References Reference #1 Full Name Stew Mohr Relationship to Reference Friend Phone Number Email Confirm Email Kathy M Smith Page 2 of 3316 Reference #2 Full Name Terry Quatraro Relationship to Reference friend Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Kathy M Smith Page 3 of 3317 Submit Date: Jun 17, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Library Board of Trustees: Submitted How did you hear about this Board/Commission or vacancy? Janay Johnson Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 11 or more Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? n/a Amara T Reese-hansell Bozeman MT 59718 Funders for LGBTQ Issues Director of External Affairs Director of External Affairs Amara T Reese-hansell Page 1 of 4318 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. Hello! My name is Amara Reese-Hansell and I'm thrilled to be submitting my application to the Library Board of Trustees. I have been living in the Bozeman community for over 12 years and am an active patron of the library, a life-long reader, and hold a deep belief that libraries are a cornerstone of access and engagement in our community for folks of all backgrounds and ages. In my professional life, I am nonprofit leader with over a decade of experience in building relationships, facilitating community engagement efforts, and supporting organizational governance. I currently serve as the Director of External Affairs for a national philanthropic institution where I have the opportunity to work closely with foundations, grantmakers, and different stakeholders to advance philanthropic funding for LGBTQ+ communities. Throughout this work, I manage complex projects and am responsible for fostering meaningful participation across a breadth of institutions and organizations. My work requires strong communication, collaboration, responsible budget stewardship, and the ability to balance day-to-day work and operations, alongside a bigger, strategic vision. In addition to my professional experience, I serve as Treasurer of the Montana Abortion Access Program, where I support financial oversight and organizational sustainability of Montana's only abortion fund. I'd be excited to bring my skills across non-profit governance, leadership, and board experience and expertise to the Library Board of Trustees. The library has always been an important place for me. Whether it was reading for hours in my hometown library in the Midwest after school, studying long nights at the MSU library on campus, taking the kiddos I used to nanny to Books and Babies during my early days in Bozeman, or flying through e-books through Libby – I have had a holistic view of the services a library can offer to the community and believe deeply that the library is a place for connection, learning, and opportunity for young people, elders, children, parents, and students. I would be absolutely honored to dedicate my skillsets and expertise to supporting Bozeman Public Library to continue to be the supportive and effective resource that it is so to so many! On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. The Belonging in Bozeman Plan provides a framework to ensure that all residents of our community – regardless of age, race, or sexual orientation – are not just able to survive in our community, but thrive. I am deeply appreciative of our communities willingness to address and name the structural inequities facing our community members and was proud to see in this ordinance pass in 2023. In my work with the Library Board of Trustees, I would be proud to steward the Belonging in Bozeman Plan in our work to maintain the library as an equitable and accessible resource and gathering place for all members of our community. There is no more welcoming an institution than Bozeman Public Library. For me, the library has sparked a lifelong commitment to learning, civic engagement, and reading to grow my understanding – and I know the library does this for so many others. As a Library Board of Trustee's member, I'd be committed to supporting efforts to ensure library services, programming, and outreach continues to reflect the needs of our growing, diverse community – while remaining accessible and welcoming to all residents. Additionally, I think the Belonging in Bozeman Plan provides a supportive framework for implementation efforts. I believe we can use the Belonging in Bozeman Plan to continuously chart our impact and keep track of our goals. Fairness and inclusion efforts are not goals that we arrive at, but are ongoing efforts that take consistent care and evaluation. References Reference #1 Full Name Hannah Altman, COO of HRDC Amara T Reese-hansell Page 2 of 4319 Relationship to Reference Colleague Phone Number Email Confirm Email Reference #2 Full Name Kiersten Iwai, Former Executive Director of Forward Montana Relationship to Reference Former Supervisor Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No Amara T Reese-hansell Page 3 of 4320 If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Amara T Reese-hansell Page 4 of 4321 Submit Date: Jun 13, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Library Board of Trustees: Submitted How did you hear about this Board/Commission or vacancy? Janay Johnson Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 11 or more Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? N/A Emmy Chuck Bozeman MT 59715 Quinn Capital LLC Managing Partner Investment Management Emmy Chuck Page 1 of 3322 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. I am honored to apply for the Board of Trustees of the Bozeman Public Library. My involvement with the library, along with my professional background in business, marketing, and finance, positions me well to contribute to the Board. I have been a long-term patron, volunteer, and donor to the Bozeman Public Library. I am familiar with many staff members and appreciate their dedication. I would love to work on their behalf. My family visits the library almost weekly. My 7-year-old son has grown up coming to the library. He started with story time as a baby, and now we participate in almost everything the library offers. The library feeds his, my husband's, and my curiosity and insatiable thirst for learning. We always have at least 20 books checked out. We are regulars at Emily Otis' Saturday children's cooking classes, especially when the recipes are desserts. This past year, the library gave my son the opportunity to present on Chinese New Year and teach dumpling- making. We will always treasure this memory. I have enjoyed volunteering with my dog, Kiya, for the children's Read to a Dog (R.E.A.D) program for about seven years. It has been a joy to see children read to my curly companion. I also donate to the library because I believe in its value to the community. Additionally, I carry on the legacy of my in-laws, Jane and Bill Quinn, who were long-time donors to the library. Jane, in particular, loved the children's programs. I would like to honor her past contributions by making my own. Professionally, I am a seasoned business leader. Together with my husband, I have been running Quinn Capital, an investment management firm, for almost 20 years. We are a boutique firm serving approximately 80 high-net-worth clients, most of whom are first- or second- generation Americans. Many have humble beginnings. My strength lies in understanding clients' concerns and goals through thoughtful questioning. Previously, I worked as a strategy consultant and sales professional for technology firms. I hold a B.A. in Government from Georgetown University and an MBA in Entrepreneurship and Marketing from UCLA. I am the incoming Vice President of the Board of Directors of the Friends of Yellowstone Public Radio. I also frequently volunteer at Morning Star Elementary. Finally, I believe the Bozeman Public Library is the heart of our community. It welcomes everyone, regardless of socioeconomic background, race, gender, or political beliefs. The library recognizes that we are all equal and that we all need meaningful connections. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. The Belonging in Bozeman Plan is a strategic plan to to ensure all residents, visitors, and employees thrive, regardless of identity or background. I am not familiar with the details of the plan's implementation. However, I appreciate the initiative and will support the library's efforts to abide by the implementation. References Reference #1 Full Name Ken Siebert Relationship to Reference Yellowstone Public Radio General Manager. I work with Ken as a board member of the Friends of Yellowstone Public Radio Emmy Chuck Page 2 of 3323 Phone Number Email Confirm Email Reference #2 Full Name Paul Quinn Relationship to Reference Business partner and husband Phone Email Confirm Email The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator at 406.582.2439. Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Emmy Chuck Page 3 of 3324