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HomeMy WebLinkAbout03-23-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Video Conference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Approval of Minutes F.1 Approve the Regular Meeting Minutes from: March 9, 2021 March 2, 2021 February 23, 2021 February 9, 2021 February 2, 2021 December 8, 2020 December 1, 2020 November 24, 2020 November 17, 2020 November 10, 2020 October 27, 2020 October 20, 2020 THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 23, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e2cca3381e23b1cb73cd6501abdec7c82 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 or channel 190 United States Toll +1-650-479-3208 Access code: 182 045 5064 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 October 13, 2020 October 6, 2020 September 22, 2020 February 3, 2020 January 13, 2020 January 6, 2020  Approve the Special Meeting Minutes from: November 9, 2020 November 7, 2020 October 7, 2020 August 11, 2020  Approve the Emergency Meeting Minutes from: April 3, 2020* Executive Session minutes to be distributed separately March 23, 2020  Approve the Executive Session Minutes from: April 3, 2020(Maas) G.Consent G.1 Accept Resignation of City Commissioner Michael Wallner (Sullivan) G.2 Accounts Payable Claims Review and Approval (Yeykal) G.3 Authorize the Mayor to Sign the Certified Local Government Grant Contract for 2021-2022 with the Montana State Historic Preservation Office(Gonzalez) G.4 Authorize the City Manager to a Sign Midtown Tax Increment Finance Assistance Program Grant Agreement with PDI Investments, LLC for Redevelopment at 431 North 7th Avenue(Fine) G.5 Authorize the Mayor to Sign the Norton Ranch Phase 5 Major Subdivision Findings of Fact and Order, Application 21024(Rosenberg) G.6 Authorize the City Manager to Sign a Notice of Award to Dick Anderson Construction, Inc. for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project, and Final Contract Documents Once Received(Heaston) G.7 Authorize the City Manager to Sign a Public Utility Easement, an Emergency Services Access Easement, and a Public Pedestrian Access Easement with Bangtail Partners, LLC for the Cottonwood and Ida PUD Project (20221)(Nielsen) G.8 Authorize City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Human Resource Development Counsel, District IX (HRDC) for Infrastructure Improvements for the Housing First Village Site Plan Project (20348)(Tolhurst) G.9 Authorize the City Manager to Sign a Utility Easement with the Human Resource Development Counsel for Infrastructure Improvements to the Housing First Village(Tolhurst) G.10 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with the Human Resource Development Counsel (HRDC) for Infrastructure Improvements to the Housing First Village(Tolhurst) G.11 Authorize the City Manager to Sign a Professional Services Agreement with the National League of Cities Race, Equity, and Leadership (REAL) for Training Services(Rosenberry) G.12 Authorize the City Manager to Sign a Professional Services Agreement with Aero-Graphics for the 2021 Greater Bozeman Area Digital Orthoimagery Project(Dougher) G.13 Authorize the City Manager to Sign a Professional Services Agreement with Hydro Logistics Irrigation, LLC for Irrigation System Maintenance Services in the Parks and Trails District(Kline ) 2 G.14 Authorize the City Manager to Sign a Professional Services Agreement with Stay Green Sprinklers, Inc. for Irrigation System Maintenance Services in the Parks and Trails District(Kline ) G.15 Authorize the City Manager to Sign a Professional Services Agreement with Groundprint, LLC for Consultant Services for Community Development Projects(Matsen) G.16 Authorize the City Manager to Sign an Equipment Procurement Contract with Huber Technology, Inc. to Purchase the New Screw Press and New Headworks Screen Needed for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project(Heaston) G.17 Authorize the City Manager to Sign an Amendment 1 to a Professional Services Agreement with Sanderson Stewart to Provide Final Design and Construction Engineering Services for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project(Lonsdale) G.18 Authorize the City Manager to Sign an Updated Task Order 14 with Sanderson Stewart for Right-of-Way Acquisition for the Shared Use Path Along North 19th Avenue(Lonsdale) G.19 Authorize the City Manager to Sign a Task Order Number 17 for the Right-of-Way Acquisition Project for West Babcock Street from 11th Avenue to 19th Avenue(Murray) G.20 Provisional Adoption of Ordinance 2068, to Amend 19 Acres from B-2 Community Business District to B-2M Community Business District - Mixed, Located Approximately 650 feet West of the Intersection of Huffine Lane and Cottonwood Road, Baxter Creek 2021 Zone Map Amendment, Application 20387(Saunders) H.Public Comment 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. 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 address in an audible tone of voice for the record and limit your comments to three minutes. I.Work Session I.1 November Election Work Session(Mihelich/Donald) J.Appointments J.1 Appointments to the Midtown Urban Renewal Board (MURB)(Maas) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). 3 Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes from: March 9, 2021 March 2, 2021 February 23, 2021 February 9, 2021 February 2, 2021 December 8, 2020 December 1, 2020 November 24, 2020 November 17, 2020 November 10, 2020 October 27, 2020 October 20, 2020 October 13, 2020 October 6, 2020 September 22, 2020 February 3, 2020 January 13, 2020 January 6, 2020 Approve the Special Meeting Minutes from: November 9, 2020 November 7, 2020 October 7, 2020 August 11, 2020 Approve the Emergency Meeting Minutes from: April 3, 2020* Executive Session minutes to be distributed separately March 23, 2020 Approve the Executive Session Minutes from: April 3, 2020 MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. 5 STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- video Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. To view the video and the minutes of the March 9, 2021 that are linked to the video please click here To view the video and the minutes of the March 2, 2021 that are linked to the video please click here To view the video and the minutes of the February 23, 2021 that are linked to the video please click here To view the video and the minutes of February 9, 2021 that are linked to the video please click here To view the video and the minutes of February 2, 2021 that are linked to the video please click here To view the video and the minutes of December 8, 2020 that are linked to the video please click here To view the video and the minutes of December 1, 2020 that are linked to the video please click here To view the video and the minutes of November 24, 2020 that are linked to the video please click here To view the video and the minutes of November 17, 2020 that are linked to the video please click here To view the video and the minutes of November 10, 2020 that are 6 linked to the video please click here To view the video and the minutes of November 9, 2020 that are linked to the video please click here There is no video of the Special meeting on November 7, 2020 To view the video and the minutes of October 27, 2020 that are linked to the video please click here To view the video and the minutes of October 20, 2020 that are linked to the video please click here To view the video and the minutes of October 13, 2020 that are linked to the video please click here To view the video and the minutes of October 7, 2020 that are linked to the video please click here To view the video and the minutes of October 6, 2020 that are linked to the video please click here To view the video and the minutes of September 22, 2020 that are linked to the video please click here To view the video and the minutes of August 11, 2020 that are linked to the video please click here To view the video and the minutes of April 3, 2020 that are linked to the video please click here To view the video and the minutes of March 23, 2020 that are linked to the video please click here To view the video and the minutes of February 3, 2020 that are linked to the video please click here To view the video and the minutes of January 13, 2020 (part 2) that are linked to the video please click here To view the video and the minutes of January 13, 2020 (part 1) that are linked to the video please click here To view the video and the minutes of January 6, 2020 that are linked to the video please click here UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 03-09-21 FINAL MINUTES City Commission Meeting.docx 03-02-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-23-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-09-21 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 02-02-21 FINAL MINUTES City Commission Meeting of 7 Bozeman, Montana.docx 12-08-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 12-01-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-24-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-17-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 11-09-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 11-07-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 10-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-20-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 10-07-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 10-06-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 09-22-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 08-11-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 04-03-20 FINAL MINUTES City Commission Special Meeting of Bozeman, Montana.docx 03-23-20 FINAL MINUTES City Commission Emergency Meeting of Bozeman, Montana.docx 02-03-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx 01-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana part 2.docx 01-13-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana part 1.docx 01-06-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.docx Report compiled on: March 8, 2021 8 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, March 9, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC), & Deputy City Clerk (DCC) Jesse DiTommaso A)00:20:41 Call to Order -6:00 PM -WebEx Video Conference B)00:24:12 Pledge of Allegiance and a Moment of Silence C)00:24:45 Changes to the Agenda CM Mihelich noted that I.1 Resolution 5261 has been removed from the agenda. E)00:25:10 FYI Mayor Andrus noted the efforts taken to support the City Commission over the last year in response to the Covid-19 pandemic. She offered thanks to all those that had to make decisions that many never expected. She noted that there is nothing that cannot be accomplished when the community works together. She noted the Parking Commission meeting will be at 7:30 am on Thursday, March 11 and the Parks and Recreation Board will meet at 6:30 pm on Thursday, March 11, as well. DM Cunningham noted that CAHAB will meet Wednesday, March 10 at 8 am. He also noted the MSU Friday Forum at noon on Friday, March 12. Cr. Pomeroy noted that Friday, March 12 at 1 pm, the Gallatin City-County Board of Health will meet to discuss extension and amendment to the local health declaration of emergency. CM Mihelich noted the Community Engagement Survey is available on the City's website at www.bozeman.net/engage to assist in a broad look in how residents would like to participate in City government. F)00:32:29 Commission Disclosures There were no disclosures. 9 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 2 of 8 G)00:32:39 Consent G.1 Accounts Payable Claims Review and Approval Cover Page G.2 Formal Cancellation of the March 16, 2021 Regular City Commission Meeting Cover Page G.3 Approve a Final Plat for the Cottonwood Major Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20186 Cover Page 20186 Cottonwood Subdivision Final Plat Staff Transmittal.docx 20186 Cottonwood Subdivision Final Plat Sheet 1 of 3.pdf 20186 Cottonwood Subdivision Final Plat Sheet 2 of 3.pdf 20186 Cottonwood Subdivision Final Plat Sheet 3 of 3.pdf G.4 Authorize Judge Seel to Sign a Judicial Services Agreement Between Bozeman Municipal Court and Kathleen Brandis Cover Page KAB contract Final 3 1 21.docx G.5 Authorize the City Manager to Sign a 2020-2022 Professional Services Agreement with HDR, Inc. for Wetland Consulting Services Cover Page Professional Services Agreement with HDR Engineering for Wetland Consulting.pdf City of Bozeman Wetland Review 2020 Exhibit A FINAL.pdf HDR_City of Bozeman_Technical Review Services_5-7-2020 Exhibit B.pdf G.6 Ordinance 2057, Final Adoption of Floodplain Regulations Text Amendment, to Update the City of Bozeman Floodplain Regulations for Consistency with State and Federal Minimum Requirements and Implement the New Federal Emergency Management Agency Flood Insurance Study for Bozeman Creek and Tributaries, Application 20136 Cover Page FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-24-2021.docx 00:32:40 CM Introdution CM Mihelich provided the highlights of the Consent agenda. 00:33:32 Public Comment Mayor Andrus opened the Consent Agenda for public comment. 00:35:18 Sherry Staub, Public Comment Sherry Staub commented on item G5 and how serious and intentional the Commission will be about protecting wetlands. 00:37:12 Motion to approve Consent Items 1 - 6 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:37:25 Vote on the Motion to approve ConsentItems 1 - 6 as submitted.The Motion carried 5 – 0. 10 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 3 of 8 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None H)00:37:43 Public Comment Mayor Andrus opened general public comment. 00:40:08 Natasha Gesker, Public Comment Natasha Gesker commented with excitement on the Community Engagement Survey. I)00:42:02 Action Items I.1 Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and Transitional Housing Projects Cover Page Resolution 5261 Budget Amendment Community Housing Fund.docx HFV impact fee reimbursement request.pdf Haven Impact Fees.pdf I.2 00:42:04 Norton Ranch Phase 5 Major Subdivision, Application 21024 (Quasi- judicial) Cover Page NortonRanchPhase5PreliminaryPlat_012021.pdf PhasingExhibit_012021.pdf A1Form_012121.pdf 21024_CC_Staff_Report.pdf 00:42:20 Staff Presentation Planner Sarah Rosenberg presented the application, entered the staff report into the record, noted the modification in response to conditions of approval and code provisions from an application approved by the City Commission on December 15, 2020, the surrounding area, the proposed Phase 5 development, parkland in the project, a summary of public comment, Planning Board and Staff recommendations. 00:46:28 Questions of Staff 00:51:51 Applicant Presentation Greg Stratton of Killday and Stratton presented the changes in this modification. 00:53:38 Questions of Applicant 00:55:32 Public Comment There were no public comments. 11 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 4 of 8 00:59:04 Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Terry Cunningham: Motion Michael Wallner: 2nd 00:59:28 Discussion DM Cunningham provided findings in agreement with the staff's report. 01:05:34 Vote on the Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None I.3 01:05:55 PDI Investments, LLC Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of B-2 for a Property Addressed at 2777 North 7th Avenue, Application 20346 Cover Page 20346 PDI Annex-ZMA CC SR.docx A1 - Signed - Development Review Application.pdf Annexation & ZMA Cover Letter 10-07-20.pdf N1 - Noticing Materials Posting.pdf ZMA Criteria Narrative 09-28-20.pdf Exhibit B - PDI Initial ZMA Exhibit 12-04-20.pdf Exhibit A - PDI Annexation Exhibit 12-04-20.pdf 01:06:18 Staff Presentation Planner Tom Rogers presented the application, the subject property and general vicinity, Future Land Use Map designation and related implementing zoning districts, the Goals and Policy analysis from Resolution 5076, Zoning Criteria of Evaluation, Zoning Commission and Staff Recommendations. Engineer Lance Lehigh presented the infrastructure requirements related to the application. 01:19:11 Questions of Staff 01:29:30 Applicant Presentation 12 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 5 of 8 Chris Budeski with Madison Engineering presented on behalf of the applicant. He spoke on the water and sewer main extensions and the timing provisions in the annexation agreement. He stated agreement with the conditions and contingencies. Jerry Pape presented the intent of the application. He stated the owner's desire to expand to the west, which is occupied by the drain field and will need to attach to City sewer. 01:35:08 Questions of Applicant 01:37:42 Public Comment There were no public comments. 01:42:35 Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20346 and move to approve the PDI Investments annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties. Michael Wallner: Motion Jennifer Madgic: 2nd 01:42:57 Discussion Cr. Wallner concurred with staff's findings on policies and goals of annexation, and that the application is in alignment with current growth policies and recommendations. He stated his general disagreement with annexation, voluntary or not, and the annexation criteria and policy. He stated he will not support the motion. Cr. Madgic stated support for this annexation and annexation generally. She noted the issues related to inholding islands as problematic for the City. She highlighted specific goals from the 2020 Growth Policy. Cr. Pomeroy stated her support for the motion. DM Cunningham noted the situation if a failed septic system occurs they would be required to connect to City service. He will support the motion. Mayor Andrus stated she will support the motion. She noted the compromise made related to the timing of improvements. 01:49:38 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20346 and move to approve the PDI Investments annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties.The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Michael Wallner 13 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 6 of 8 01:50:01 Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing. Michael Wallner: Motion Jennifer Madgic: 2nd 01:50:26 Discussion Cr. Wallner made findings in agreement with staff's findings on Zoning Criteria and staff's findings that this is not spot zoning. He stated he will support the amendment. Cr. Madgic stated her support for the motion. Cr. Pomeroy stated her support for the motion. DM Cunningham stated his appreciation for compromise and collaboration between applicant and staff. Mayor Andrus will support the motion and associated herself with the findings. 01:54:37 Vote on the Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None J)Appointments J.1 01:54:59 Appointments to the Planning Board Cover Page 02-05-21 CAB Application - G. Thompson, reapplicant.pdf 06-25-20 CAB Application - C. Quisenberry, new applicant.pdf 10-29-20 CAB Application - J. Hansen, new applicant.pdf 11-02-20 CAB Application - M. Hausauer, new applicant.pdf 01-21-20 CAB Application - A. Stix, new applicant.pdf 01-30-21 CAB Application - M. Egge, reapplicant.pdf 01-31-21 CAB Application - C. Costakis, reapplicant.pdf 01:55:04 Public Comment Mayor Andrus opened this item for public comment. 01:56:33 Jerry Pape, Public Comment 14 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 7 of 8 Jerry Pape commented on his service as the Gallatin County representative to the Planning Board and a phone conversation with Mayor Andrus. 01:58:49 Christopher Coburn, Public Comment Christopher Coburn commented on his own behalf. He expressed his support for Mark Egge and Cathy Costakis. 02:02:12 Motion I move to appoint three Commission appointees, Mark Egge, George Thompson, and Mathew Hausauer, with terms ending January 31, 2023. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:05:05 Vote on the Motion I move to appoint three Commission appointees, Mark Egge, George Thompson, and Mathew Hausauer, with terms ending January 31, 2023.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 02:05:29 Motion I move to appoint a Mayoral appointee, Cathy Costakis, with a term ending January 31, 2023, and confirm the Gallatin County Commission Appointee, Jerry Pape, to a term ending January 31, 2023. Cyndy Andrus: Motion Michael Wallner: 2nd 02:07:54 Vote on the Motion to approve I move to appoint a Mayoral appointee, Cathy Costakis, with a term ending January 31, 2023, and confirm the Gallatin County Commission Appointee, Jerry Pape, to a term ending January 31, 2023.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K)02:08:14 FYI / Discussion 15 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 8 of 8 Mayor Andrus noted the next meeting is March 23, 2021. L)02:08:58 Adjournment 16 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, March 2, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, & Deputy City Clerk (DCC) Jesse DiTommaso A)00:03:14 Call to Order -6:00 PM -WebEx Video Conference B)00:06:48 Pledge of Allegiance and a Moment of Silence C)00:07:26 Changes to the Agenda CM Mihelich noted the removal of Consent Agenda Item 9. D)00:08:18 FYI DM Cunningham highlighted the March 3, 2021 Bozeman Area Bicycle Advisory Board meeting. He also noted the continuation of parking engagement. CM announced there is new winter operations dashboard on the City website. He highlighted the new Southwest Airlines routes into and out of Bozeman. E)00:11:20 Commission Disclosures F)00:11:26 Consent F.1 Accounts Payable Claims Review and Approval Cover Page F.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Northwest Crossing Phase 1 Major Subdivision, Application 20113 Cover Page 20113 Findings of Fact 2-18-21.pdf Preliminary Plat Page 1 Preliminary Plat Page 2 Preliminary Plat Page 3 Preliminary Plat Page 4 Preliminary Plat Page 5 F.3 Authorize the City Manager to Sign a Professional Services Agreement with Dowl for the Design of Changes to the Bike Lanes on Peach Street at Rouse Avenue Cover Page 17 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 2 of 7 20210302_DOWL_PSA_original.docx DOWL Scope and Fee_Peach Street Bicycle Lanes.docx F.4 Authorize the City Manager to Sign a Professional Services Agreement for Review and Amendments to the Unified Development Code to Support Affordable Housing Development and Preservation Cover Page Clarion Associates Contract with Scope and Proposal.pdf F.5 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with HDR Engineering, Inc. for Final Design, Equipment Procurement, Bidding, and Construction Administration Services for the Bozeman Water Reclamation Facility Solids Handling Building Project Cover Page WRF Solids Handling Amendment 1 to PSA with HDR.pdf F.6 Resolution 5258, Requesting Distribution of Bridge and Road Safety and Accountability Program Fees Cover Page Resolution 5258 Distribution Gas Tax.docx 01-08-21 MDT ltr to CC re fuel tax allocation.pdf F.7 Resolution 5264, Authorizing Prime Change Order #8 with Langlas and Association for Construction of the Bozeman Public Safety Center Cover Page Resolution 5264.docx BPSC Job No. 19426 Prime CO #8_signed STL.pdf 19426 Change Estimate Log 11.30.20.pdf F.8 Resolution 5265, Authorizing Prime Change Order #9 with Langlas and Associates for Construction of the Bozeman Public Safety Center Cover Page Resolution 5265.docx BPSC Job No. 19426 Prime CO #9_CLB signed.pdf 19426 Change Estimate Log 01.14.21.pdf F.9 Ordinance 2062, Final Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non- Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No changes to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions Cover Page 20147_Building_Height_amendments_Ordinance_2062 (1).docx 00:11:33 City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 00:13:09 Public Comment There were no public comments on the consent agenda. 18 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 3 of 7 00:16:17 Motion Consent Items 1-8 as submitted. Terry Cunningham: Motion Michael Wallner: 2nd 00:16:25 Vote on the Motion to approve Consent Items 1-8.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None G)00:17:53 Public Comment Mayor Andrus opened the meeting for general public comment. 00:18:56 Rebecca Gleason, Public Comment Rebecca Gleason commented the redesign and widening of roads encourages driving rather than alternate modes of transportation. H)00:23:38 Action Items H.1 00:23:45 Public Hearing on Protests for Special Improvement District (SID) No. 762 and Adoption of Resolution 5250, Creating SID No. 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue Between Babcock Street and Cleveland Street and Financing the Costs Thereof Cover Page RES 5250.docx 00:24:15 Staff Presentation Engineer Kellen Gamradt presented the plan for SID 762, public involvement, traffic calming, the Cleveland Barricade, project overview, why now, when construction will happen, how much it will cost, how it will be paid for, what is a special improvement district, the required elements of an SID, SID timeline, assessments, protest provision, and the recommended motion. 00:37:17 Questions of Staff 00:55:45 Public Comment 00:57:54 Mark Egge, Public Comment Mark Egge commented on the use of traffic barriers. 01:01:54 Martin Johnson, Public Comment Martin Johnson commented in support of the project and highlighted the different street designations in the area. 01:06:37 Mayor Andrus called a 5 minutes recess. 01:16:19 The meeting was called back to order. 19 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 4 of 7 01:17:17 Motion After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5250, creating Special Improvement District No. 762 for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street. Michael Wallner: Motion Jennifer Madgic: 2nd 01:22:53 Vote on the Motion to free form After incorporating the information and findings in the staff memorandum, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment and hearing all protests and finding them to be insufficient under law to bar further proceedings, I hereby move to adopt Resolution 5250, creating Special Improvement District No. 762 for the purpose of financing local improvements to South 6th Avenue between Babcock Street and Cleveland Street.. The Motion carried 4 – 1. Approve: Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: Cyndy Andrus 01:17:28 Discussion H.2 01:22:58 Resolution 5259, Confirming the Issuance of Warrants in Connection with Special Improvement District No. 762 for Local Improvements to S. 6th Cover Page Resolution 5259 SID 762 warrant.docx 01:23:16 Staff Presentation Finance Director Kirstin Donald presented on Resolution 5259 and the funding of the SID. 01:25:06 Questions of Staff 01:29:45 Public Comment There were no public comments on this item. 01:33:07 Motion to approve Resolution 5259, confirming the issuance of warrants in connection with Special Improvement District No. 762 for local improvements to S. 6th. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:33:29 Discussion 01:35:30 Vote on the Motion to approve Resolution 5259, confirming the issuance of warrants in connection with Special Improvement District No. 762 for local improvements to S. 6th. The Motion carried 5 – 0. 20 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 5 of 7 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None I)01:35:54 Work Session Cover Page 01:37:35 Staff presentation Public Works Director Mitch Reister, City Engineer Shawn Kohtz, Kirk Spaulding, Associate Principal of Sanderson Stewart, and Katie Potts, Statewide and Urban Planning Section Supervisor for the Montana Department of Transportation Presented on the purpose and need of the expansion, the project limits, the stakeholder group both past and present, urban routes and funding eligibility, the original scope of the project, the development process to date, public engagement, traffic projection, intersection and corridor operations, active/upcoming developments in the area, recommended section types for the 19th & 11th intersection, recommended intersection types for the 11th & Wilson intersection traffic conditions, interim improvements, 3-lane versus 4 lane, induced demand, pedestrian and bicycle accommodations, sustainability, funding, and the timeline. 02:23:33 Director Reister summarized the presentation. 02:27:59 Questions of Staff and Presenters 03:17:04 Public Comment Mayor Andrus opened this item to public comment. 03:19:18 Douglas Fischer, Public Comment Douglas Fischer commented on his opposition to conventional approaches to traffic mitigation and design. 03:21:19 Marilee Brown, Public Comment Marilee Brown commented on the difference between a HAWK signal and a rapid flashing beacon crossing. She commented on the difficulty using a double lane roundabout like the one on Oak St. & Davis Lane. She also commented on her disappointment in the closure of Grant Street. 03:24:12 Constance Dratz, Public Comment Constance Dratz stated her opposition to three large roundabouts. Dratz inquired about traffic counters near the museum, she noted snow storage, and cost for homeowners. 03:29:21 Lucy Hochschartner, Public Comment Lucy Hochschartner, speaking on behalf of Gallatin Valley Sunrise, voiced concern of carbon emissions. 03:32:27 Randy Carpenter, Public Comment Randy Carpenter voiced concern on the traffic studies used. 21 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 6 of 7 03:34:33 David Kack, Public Comment David Kack commented there has not been a final decision on Grant Street. Kack commented on the use of a tunnel, the flow of traffic, and pedestrians. 03:37:22 Mark Egge Mark Egge commented on MDT traffic counts and traffic predictions. 03:41:28 Cathy Costakis, Public Comment Cathy Costakis commented in opposition to the road widening and tunnels. 03:44:27 Allen May, Public Comment Allen May commented he would like to see a traffic plan that includes all of Bozeman. 03:49:12 Staff response to public comment CM Mihelich responded to public comment. J)03:53:26 Appointments J.1 Appointments to the Bozeman Tree Advisory Board (BTAB) Cover Page 01-19-21 CAB Application - W. Hoch, Reapplicant.pdf 06-16-20 CAB Application - S. Makoutz, reapplication.pdf J.2 Appointments to the Bozeman Area Bicycle Advisory Board (BABAB) Cover Page 01-08-2021 CAB Application - K. Davis, reapplicant.pdf 02-03-2021 CAB Application - B. Bjornson, new applicant.pdf 02-10-21 CAB Application - M. Opel, new applicant.pdf 03:53:41 Public Comment There were no public comments on board appointments. 03:57:26 Motion move to appoint Scott Makoutz and William Hoch to the Bozeman Tree Advisory Board with terms expiring June 30, 2022. Michael Wallner: Motion I-Ho Pomeroy: 2nd 03:57:10 Vote on the Motion move to appoint Scott Makoutz and William Hoch to the Bozeman Tree Advisory Board with terms expiring June 30, 2022.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 03:57:34 Motion move to appoint Blake Bjornson, Marshall Opel, and Kristin Davis to the Bozeman Area Bicycle Board with terms expiring December 31, 2022. 22 Bozeman City Commission Meeting Minutes, March 2, 2021 Page 7 of 7 Terry Cunningham: Motion Michael Wallner: 2nd 03:58:01 Vote on the Motion move to appoint Blake Bjornson, Marshall Opel, and Kristin Davis to the Bozeman Area Bicycle Board with terms expiring December 31, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K)03:58:21 FYI / Discussion 03:58:41 Further discussion regarding Kagy Blvd work session. 04:00:05 Mayor Andrus extended the meeting until 10:10pm. Direction to CM Mihelich to do additional engagement with an emphasis on why the project was designed the way it is was given. L)04:11:24 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: March 23, 2021 23 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, February 23, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC), & Deputy City Clerk (DCC) Jesse DiTommaso A)00:05:50 Call to Order -6:00 PM -WebEx Video Conference B)00:09:51 Pledge of Allegiance and a Moment of Silence C)00:10:29 Changes to the Agenda CM Mihelich noted the removal of items I8 and I10 from the consent agenda. F)00:10:53 FYI DM Cunningham noted Thursday, February 25, 2021, there will be Climate Partners Working Group. The City of Bozeman is approaching one year anniversary of State of Emergency. Commissioner Pomeroy noted Thursday, February 25, 2021, there will be a Gallatin City-County Board of Health meeting. CM Mihelich announced February 23, 2021, the Fire Department celebrated its 137th birthday. G)00:14:08 Commission Disclosures H)00:14:13 Approval of Minutes H.1 00:14:13 Approve the Regular Meeting Minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, January 26, 2021, and User Access to Linked Minutes Cover Page 12-15-20 City Commission Meeting Minutes 12-22-20 City Commission Meeting Minutes 01-05-21 City Commission Meeting Minutes 01-12-21 City Commission Meeting Minutes 24 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 2 of 9 01-26-21 City Commission Meeting Minutes 00:14:33 Motion I move to approve the combined City Commission minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, and January 26, 2021 and user access. Michael Wallner: Motion Jennifer Madgic: 2nd 00:14:55 Vote on the Motion I move to approve the combined City Commission minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, and January 26, 2021 and user access. The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None I)00:15:19 Consent I.1 Accounts Payable Claims Review and Approval Cover Page I.2 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Amendment for Gibson Brands, Inc. (Contract # MT-BSTF-1-20-25A) Cover Page Exhibit 1 cc memo 2-05-21 BSTF Award Gibson FINAL 02-09-21.doc Exhibit 2 11-18-19_cc_packet_material_BSTF_application_Gibson_10-30-19.pdf Exhibit 3 Resolution 5115 Signed 18 nov 2019 and signed sig cert form.pdf Exhibit 4 cc packet material 4-20-20 BSTF Award Gibson FINAL 4-10-20.doc.pdf Exhibit 5 Gibson to City - extension request - signed.pdf Exhibit 6 GIbson-City to State extension request.pdf Exhibit 7 Bozeman-Gibson Brands - Contract Extension Approval Letter.pdf Exhibit 8 Montana_Amended_Department_of_Commerce_Contract_MT-B (2).pdf Exhibit 9 Gibson Amended Business Assistance Agreement and Management Plan.pdf Exhibit 10 Administrative Budget Amendment BSTF PaymAlexa Freeburg.pdf I.3 Authorize the City Manager to Sign a Grant Agreement with Stonefly Capital, LLC for Completion of the ELM Event Center Cover Page Midtown TIF assistance grant agreement-The Elm-01-14-21 FINAL.docx The Elm Staff Report.pdf I.4 Authorize the City Manager to Sign a Purchase Agreement with Modern Machinery for (1) One Truck Mounted Asphalt Distributor Cover Page Bid Tab 25 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 3 of 9 Purchase Agreement Exhibit A - Bid Specifications Exhibit B - Warranty I.5 Authorize the City Manager to Sign a Professional Services Agreement with Rosie Barndt, CPA for Payroll Related Consulting Services Cover Page PSA - Barndt.docx Scope of Services for City of Bozeman (002).pdf I.6 Authorize the City Manager to Sign a Contract Agreement with Xylem Dewatering Solutions, Inc. for Annual Preventative Maintenance on Flygt Pumps Located at Each of the City’s Seven (7) Lift Stations Cover Page Contract Agreement Lift Station Pump Service Quote I.7 Authorize the City Manager to Sign a Professional Services Agreement with Geographic Technologies Group (GTG) to Conduct a GIS Data and Database Architecture and Data Maintenance Health Check Cover Page Professional Services Agreement - GIS Data Health Check.docx GTG Proposal for GIS Data and Database Architecture and Data Maintenance Health Check.pdf I.8 Authorize the City Manager to Sign a Professional Services Agreement with Respec Company, LLC for Municipal Test Well Design, Aquifer Testing, and Preparation of Groundwater Application for Beneficial Water Use Permit Cover Page PSA w RESPEC for Phase 4 Groundwater Project.pdf I.9 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Summit Utility Services for Locating Services Cover Page First Amendment to the Professional Services Agreement I.10 Resolution 5262, Authorizing the Exploration, Development, and Build-Out of a Municipal Groundwater Facility on City Property Located at the Bozeman Sports Park Cover Page Resolution 5262_Sports Park Municipal Groundwater Facility.docx Resolution 5262_Exhibit A.pdf I.11 Resolution 5263, Supporting an Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of the Profitable Ideas Exchange (“PIE”) Cover Page Exhibit 1 CC Memo BSTF App 2 PIE FINAL 2.08.21.doc Exhibit 2 CC Resolution 5263 PIE BSTF application 2 05-21 FINAL.docx Exhibit 3 PIE #2 Signature Certification Form-partially executed.pdf I.12 Ordinance 2067, Final Adoption Amending the Zoning Map to Establish 10.6154 Acres as REMU, Residential Emphasis Mixed-Use, 8.18998 Acres as R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288 Cover Page Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx 26 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 4 of 9 14300 X-ZMA (2021.01.14).pdf 00:15:23 City Manager Introduction CM Mihelich provided highlights of the consent agenda. 00:16:25 Public Comment There were no public comments on the consent agenda. 00:19:07 Motion to approve Consent Items 1-7, 9, 11 and 12 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:20:05 Vote on the Motion to approve Consent Items 1-7, 9, 11 and 12 as submitted.The Motion passed 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None J)00:20:30 Public Comment There were no general public comments. K)00:23:52 Action Items K.1 00:23:55 Resolution 5255, Creating a Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D. Cover Page Resolution 5255-Creation of SILD 763-Bridger View Redevelopment.docx 00:24:10 Staff Presentation Finance Director Donald presented on SILD 763. 00:25:06 Questions of Staff 00:26:01 Public Comment There was no public comment on this item. 00:28:54 Motion to approve Resolution 5255, creating a Special Improvement Lighting District 763, Bridger View Redevelopment P.U.D. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 27 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 5 of 9 00:29:13 Discussion 00:30:07 Vote on the Motion to approve Resolution 5255, creating a Special Improvement Lighting District 763, Bridger View Redevelopment P.U.D.The Motion passed 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K.2 00:30:32 The Nexus Point 2021 Zone Map Amendment Application to Change Approximately 6.99 Acres from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density), Application 20-389 Cover Page 20389 Staff report CC - Nexus Point 2 ZMA.docx Form A1 - Development Review Application - Signed 11-08-20.pdf ZMA - Map Requirement Checklist Narrative 11-09-20.pdf ZMA Application Cover Letter 11-09-20.pdf ZMA Exhibit - R5 Exhibit-R5 ZMA 11-09-20.pdf Nexus Point ZMA graphic.pdf 00:30:44 Staff Presentation Planner Tom Rogers presented the Nexus Point Zone Map Amendment, application 20389 from R-O to R-5. He presented the area map, the current zoning, the correlation table, the recent development of the area, the proposed zoning, the zoning criteria, public comment, and recommendation. 00:39:19 Questions of Staff 00:41:24 Applicant Presentation Steve Moore, property developer, discussed development plans. Chris Budeski of Madison Engineering presented the rest of the application. 01:07:59 Questions of Applicant 01:15:22 Clarification of Staff Planner Rogers responded to questions. 01:17:30 Public Comment There was no public comment on this item. 01:21:13 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for 28 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 6 of 9 application 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Michael Wallner: 2nd 00:29:13 Discussion DM Cunningham agreed with staffs' findings. Cr. Wallner noted an infrastructure concern related to traffic flow. Cr. Madgic highlighted this zoning as a good fit for the area. Cr. Pomeroy noted the walkability. Mayor Andrus echoed the comments regarding neighborhood design. 01:33:40 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing.The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 01:34:01 Recess Mayor Andrus called the meeting to recess until 7:35pm. 01:34:08 Meeting Reconvened Mayor Andrus called the meeting back to order. K.3 01:37:15 Ordinance 2057, Provisional Adoption of Floodplain Regulations Text Amendment, to Update the City of Bozeman Floodplain Regulations for Consistency with State and Federal Minimum Requirements and Implement the New Federal Emergency Management Agency Flood Insurance Study for Bozeman Creek and Tributaries, Application 20136 Cover Page 20136 Staff Report for the Floodplain Regulations Text Amendment 2-10-2021.docx FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-10-2021.docx 01:37:29 Staff Presentation. Chris Saunders presented Ordinance 2057. Mr. Saunders entered the staff report, application materials, advisory board recommendations and draft text of the ordinance into the record. He presented on the history of floodplain maps in Bozeman, the draft text of the introduced ordinance, the state criteria for zoning, subdivision criteria, public comment, and recommendation. 29 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 7 of 9 01:43:57 Applicant Presentation Brian Heaston presented in the role of applicant. He presented the purpose of floodplain regulations, intact floodplain benefits, regulated flood hazard areas, FEMA special flood hazard areas, the timeframe for Ordinance 2057, and floodplain regulation details, 02:04:01 Questions of Staff and Applicant 02:45:02 Public Comment There were no public comments on this item. 02:48:37 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20136, and move to provisionally adopt Ordinance 2057. Michael Wallner: Motion Jennifer Madgic: 2nd 02:48:58 Discussion Commissioner Wallner agreed with staff findings. 02:57:28 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20136, and move to provisionally adopt Ordinance 2057.The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None L)02:57:50 Work Session L.1 02:57:52 Board Consolidation Cover Page 02:57:55 Staff Presentation CM Mihelich presented why the City should consolidate boards, high performing boards, the seven pillars of city work, how the City could operationalize this process, an example, boards that will remain stand alone, statutory boards, and next steps. 03:12:39 Questions of Staff Cr Pomeroy asked if CM Mihelich has done this in other cities. She asked how citizen engagement will be impacted with fewer boards. 30 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 8 of 9 DM Cunningham asked how the boards can more accurately represent Bozeman's community. He asked how becoming an entitlement community would affect boards. Cr Wallner asked CM Mihelich to reiterate how fewer boards will enhance community engagement. Mayor Andrus asked how boards with specific qualifications for members will be transformed into super boards. 03:31:06 Public Comment Mayor Andrus opened this item for public comments. 03:38:23 Emma Bode, Public Comment Emma Bode asked if all current board members will sit on the super boards and what opportunity will there be to bring new people onto boards. 03:39:45 Linda Semones, Public Comment Linda Semones asked for clarification on how large a super board would be and how they could affect the length of meetings. 03:42:04 Jason Delmue, Public Comment Jason Delmue commented on the efficiencies of board consolidation. 03:45:04 Kevin Thane, Public Comment Kevin Thane commented on communication structure between boards, staff, and the Commission. 03:49:58 Ralph Zimmer, Public Comment Ralph Zimmer commented on the time boards have to speak at Commission Meetings. 03:53:18 Christopher Coburn, Public Comment Christopher Coburn commented in support of consolidation, mandating inclusion, and the structural barriers of engagement. 03:56:48 Mayor Andrus extended the meeting to 10:15. 03:56:56 Staff Response to Public Comments 04:00:57 Discussion Cr. Madgic supports moving forward with board consolidation. Cr. Pomeroy supports moving forward with board consolidation. Cr. Cunningham supports moving forward with board consolidation. Cr. Wallner supports moving forward with board consolidation. Mayor Andrus supports moving forward with board consolidation. M)04:09:23 Other Agency Hearing M.1 04:09:26 Public Hearing of Four (4) Community Housing Projects that are Applying for Real Property Tax Exemption from Montana Board of Housing Cover Page Bridger Peaks packet materials.pdf Darlinton Boulevards packet materials.pdf Arrowleaf Perennial packet materials.pdf 31 Bozeman City Commission Meeting Minutes, February 23, 2021 Page 9 of 9 Castlebar packet materials.pdf 04:10:14 Mayor Andrus opened the public hearing. 04:10:24 Staff Presentation Tanya Andreasen presented on the requirements that mandate the public hearing and the background of the projects that are applying for the Real Property Tax Exemption. 04:12:38 Public Comment Mayor Andrus opened this item for public comment. 04:13:44 Mayor Andrus extended the meeting until 10:20. 04:15:46 Linda Semones, Public Comment Linda Semones congratulated Staff and Commission on the hard work they have done for affordable housing. N)04:16:53 FYI / Discussion O)04:16:59 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: March 23, 2021 32 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, February 9, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None Staff Present in the WebEx:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Deputy City Clerk (DCC) Jesse DiTommaso A)00:18:47 Call to Order -6:00 PM -WebEx Video Conference B)00:22:43 Pledge of Allegiance and a Moment of Silence C)00:23:20 Changes to the Agenda CM Mihelich noted the removal of action item J2, the Buffalo Run Annexation and Zoning. The applicant has withdrawn their application. D)00:24:17 Public Services Announcements D.1 City of Bozeman Offices will be closed on February 15 in observance of Washington's Birthday. This is not a garbage holiday and pickup will be on the regularly scheduled day. There will be no City Commission meeting on February 16. Cover Page E)00:24:43 FYI Commissioner Madgic noted the draft Gallatin County Growth Policy will be available shortly on the Gallatin County Website for public review. DM Cunningham highlighted the Community Affordable Housing Advisory Board (CAHAB) and the Bozeman Area Bicycle Area Board (BABAB) will both hold meetings Wednesday, February 10. 33 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 2 of 8 Mayor Andrus highlighted the Parks and Rec Board meeting will be on Thursday, February 11. Mayor Andrus asked the Commission to inform CM Mihelich of any days they plan to be absent in the next six months. Commissioner Wallner noted the Pedestrian and Traffic Safety meeting will be Wednesday, February 10. CM Mihelich announced the continuation of the affordable housing work session on February 12. He gave an update on the library expansion project. He updated the Commission on ongoing community engagement projects. F)00:30:10 Commission Disclosures G)00:30:38 Consent G.1 Accounts Payable Claims Review and Approval Cover Page G.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Annex of Bozeman, LLC for Infrastructure Improvements for the Annex of Bozeman Site Plan Project (19320) Cover Page Conditional Irrevocable Offer of Dedication G.3 Authorize the City Manager to Sign a Drainage Easement with Black Dirt, LLC for the Walton Homestead Medical Clinic Site Plan (20299) Cover Page Drainage Easement G.4 Authorize the City Manager and Interim Chief of Police to Sign a Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2022-2023 Cover Page Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2022-2023.pdf G.5 Authorize the City Manager to Sign a Professional Services Agreement with Insight Marketing Design for Communications Support to the Community Housing Program Cover Page Insight PSA with Scope.pdf Insight Insurance Certificate.tif G.6 Authorize the City Manager to Sign an Amendment One with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane Project Cover Page Cottonwood Road Amendment 1.pdf G.7 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Stahly Engineering & Associates for the Front Street Interceptor Sanitary Sewer Main Replacement Project Cover Page 34 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 3 of 8 Front Street Sewer First Amendment.pdf G.8 Authorize the City Manager to Sign a Task Order 13 with Sanderson Stewart for Right-of- way Acquisition Services for the Fowler Connection (Huffine to Oak) Project Cover Page Task Order 13 with Sanderson Stewart for Right of Way Acquisition Services for Fowler Ave Connection.pdf G.9 Authorize the City Manager to Sign a Task Order 14 with Sanderson Stewart for Right-of- way Acquisition for the Shared Use Path Along North 19th Avenue Cover Page Task Order 14 with Sanderson Stewart for Right of Way services for N 19th Ave pathway infill.pdf G.10 Resolution 5260, Authorizing a Change Order Number Two with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project Cover Page Resolution 5260.doc Norton-Davis Change Order No. 2.pdf 00:30:47 City Manager Introduction CM Mihelich introduced the consent agenda and noted the many infrastructure items. 00:31:19 Public Comment There were no public comments on the consent agenda. 00:33:56 Motion I move to approve Consent Items 1-10 as submitted. Terry Cunningham: Motion Michael Wallner: 2nd 00:34:03 Vote on the Motion I move to approve Consent Items 1-10 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None H)00:34:25 Public Comment 35 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 4 of 8 Mayor Andrus opened general public comment. 00:36:42 Sherry Staub, Public Comment Sherry Staub commented she would like to see an acknowledgement made to the wildlife whose habitats are altered as Bozeman grows. I)00:39:06 Special Presentation I.1 00:39:24 Second Quarter Financial Report Cover Page FY21 QTR 2 Report.pdf Finance Director Kristin Donald presented the Second Quarter Financial Report. Director Donald presented on all funds expenditures, all funds revenues, general fund expenditures, general fund revenue, special revenue funds from building inspection, special revenues funds from community development, impact fees, enterprise funds expenditures, enterprise funds revenue, and the impacts of COVID on the budget. I.2 00:49:23 Second Quarterly Report for Inclusive City Cover Page Inclusive City Report February 2021.docx Appendix A Bias Free Policing Police Department.pdf Appendix B Use of Force Police Department.pdf Appendix C Thrive Index 2020 City of Bozeman.pdf Appendix D Municipal Equality Index 2020 City of Bozeman.pdf CM Mihelich presented on the purpose of the inclusive city initiative, the background, the progress, completed actions, city-wide training programs, police department training, citizen complaint and appeal process, acceleration of body worn camera implementation, a review of the THRIVE index and municipal equity index, equity indicators and Gaps analysis, and what's next in regards to the inclusive city initiative. J)01:00:37 Action Items J.1 01:00:44 Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 20-387 Cover Page CC Staff report - Baxter Creek ZMA App. No. 20387, 2-02-2021.docx Consolidated Application Packet.pdf 01:00:55 Staff Presentation Community Development Manager Chris Saunders entered the application materials, the staff report and the review and recommendation from the Zoning Commission into the record. Saunders presented the Baxter Creek Map current zoning and requested change, future land use plan, zoning correlation 36 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 5 of 8 with land use, what zone map amendments do, criteria evaluated, received public comment, staff recommendation, and the recommended motion. 01:06:19 Questions of Staff 01:10:17 Applicant Presentation Jimmy Talarico with Cushing Terrell presented the application. He presented the location of the site, existing zoning, future land use map, implementing zoning district, why the applicant applied for B2M zoning, MCA section compliance, and why it makes sense for Bozeman. 01:16:29 Questions of Applicant 01:19:28 Public Comment There were no public comments on this item. 01:22:52 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing. Michael Wallner: Motion Jennifer Madgic: 2nd 01:23:27 Discussion 01:36:13 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 37 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 6 of 8 J.2 Buffalo Run Annexation and Zone Map Amendment to Annex 20.79 Acres and Establish an Initial Zoning of R-5, Residential Mixed-Use High Density District at 5400 Fowler Lane, Application 20112 Cover Page 20112 Buffalo Run Annx-ZMA CC Staff Report 1-29-2021.pdf CC Packet Application Materials Combined.pdf Buffalo Run - RC Memo (20-112) 01_25_2021.pdf Buffalo Run - Exhibit A 01_25_2021.pdf Application #20112 Buffalo Run ANNX Engineering -Buffalo Run Streets Impacts.doc Application #20112 Buffalo Run ANNX Engineering Comments - 09182020 FINAL.pdf K)01:36:37 Appointments 01:36:42 Public Comment There were no public comments on these appointments. K.1 01:39:21 Appointments to the Building Board of Appeals Cover Page 07-09-20 CAB Application - C. Tate, reapplication.pdf 10-04-20 CAB Application - R. Bakker.pdf 06-17-20 CAB Application - R. Lashaway, reapplication.pdf 01:39:27 Motion I move to appoint Robert Lashaway and Cristie Tate to the Building Board of Appeals with terms expiring December 31, 2022. Michael Wallner: Motion I-Ho Pomeroy: 2nd 01:39:43 Vote on the Motion I move to appoint Robert Lashaway and Cristie Tate to the Building Board of Appeals with terms expiring December 31, 2022.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K.2 01:40:02 Appointment to Transportation Coordinating Committee (TCC) 38 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 7 of 8 Cover Page 06-16-20 CAB Application - D. Martin, reapplication.pdf 01:40:41 Motion I move to appoint Dan Martin to the Transportation Coordinating Committee, City Resident position, with a term expiration of December 31, 2021. Michael Wallner: Motion I-Ho Pomeroy: 2nd 01:41:15 Vote on the Motion I move to appoint Dan Martin to the Transportation Coordinating Committee, City Resident position, with a term expiration of December 31, 2021. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None L)01:41:40 FYI / Discussion Commissioner Pomeroy noted the Inter-neighborhood of Bozeman Council Meeting on Thursday, February 11 and the Downtown Business Improvement District Meeting on Wednesday, February 17. Commissioner Wallner asked CM Mihelich where to find past City Commission videos. M)01:44:09 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 39 Bozeman City Commission Meeting Minutes, February 9, 2021 Page 8 of 8 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: March 23, 2021 40 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 1 of 14 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 2, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None Staff Present in the WebEx:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Deputy City Clerk (DCC) Jesse DiTommaso A)00:11:26 Call to Order -6:00 PM -WebEx Video Conference B)00:15:49 Pledge of Allegiance and a Moment of Silence C)00:16:27 Changes to the Agenda There were no changes to the agenda. D)00:16:37 FYI CM Mihelich noted that the City of Bozeman received the number one ranking for economy by Policom for the fourth year in a row. E)00:17:45 Commission Disclosures DM Cunningham disclosed related to F4 that his company had a connection to a recipient of the Covid grant programs. F)00:19:44 Consent F.1 Accounts Payable Claims Review and Approval Cover Page F.2 Approve the Depository Bonds and Pledged Securities as of December 31, 2020 Cover Page Commission Memo -Pledged Securities -Approval 1220.doc Depository Bonds & Securities 1220.doc F.3 Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify the City Manager and Mayor's Signatures Cover Page 41 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 2 of 14 LGE-Certification-Form-for-COVID-19-Reimbursement-March-1---October-31.pdf LGE-COVID-19-Reimbursement-Form_March-1-Oct-31.xlsx F.4 Recommend Non-Profit Entities and Amounts to be Awarded for City Non-Profit COVID Relief Grants and Authorize City Manager to Sign a Professional Service Agreements for These Grants Cover Page Table 1 - Memo Packet.pdf Chart 1 - Memo Packet.pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Water and Environmental Technologies, Inc. (WET), to Provide Environmental Consulting Services Pertinent to the East Gallatin Landfill Cover Page Professional Services Agreement Exhibit A: Scope of Services F.6 Authorize the City Manager to Sign an Amendment Two to the Professional Services Agreement with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger to Griffin and Bridger/Story Mill Intersection Improvements Project Cover Page Bridger-Story Amendment No. 2.pdf F.7 Resolution 5249, Intent to Create Special Improvement District (SID) Number 762 for the Purpose of Undertaking Certain Local Improvements to South 6th Avenue from Babcock Street to Cleveland Street and Financing the Costs Thereof Cover Page RES 5249.docx Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Letter to Property Owners - Exbhibit D.doc NOTICE OF PASSAGE OF RESOLUTION OF INTENT - Exhibit E.doc PROTEST FORM Special Improvement District Creation.docx F.8 Resolution 5254, Intent to Create a Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D. Cover Page Resolution 5254-Intent to Create SILD 763-Bridger View Redevelopment.docx Exhibit A-Bridger View Redevelopment SILD 763.pdf Exhibit B-Bridger View Redevelopment SILD 763.pdf F.9 Resolution 5257, Adopting the Bozeman City Commission Priorities for 2021 Cover Page Resolution 5257 Commission Priorities for 2021.docx F.10 Ordinance 2067, Provisional Adoption Amending the Zoning Map to Establish 10.6154 Acres as REMU, Residential Emphasis Mixed-use, 8.18998 Acres as R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288 Cover Page Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx 14300 X-ZMA (2021.01.14).pdf 00:19:48 City Manager Introduction 42 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 3 of 14 CM Mihelich provided the highlights of the consent agenda. 00:20:42 Public Comment Mayor Andrus opened the Consent Items for public comments. 00:22:23 Emily Talago, Public Comment Emily Talago commented on the City's Covid-19 grant awards and provided the opinion that it may be more effective to award fewer applicants with large capacities to maximize community impact. 00:24:48 Motion to approve Consent Items 1 - 10 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:25:14 Vote on the Motion to approve Consent Items 1 - 10 as submitted.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None G)00:25:40 Public Comment Mayor Andrus opened general public comment. 00:28:03 Christopher Nixon, Public Comment Christopher Nixon, President of Sacagawea Audubon Society, commented on World Wetlands Day and efforts to preserve wetlands in Bozeman. 00:31:14 Emily Talago, Public Comment Emily Talago commented on the Commission Priorities and the number of Plans adopted by the City. H)Special Presentation H.1 00:34:30 Update on City's Local COVID 19 Programs Cover Page CM Mihelich presented the City of Bozeman's COVID Relief Programs. He presented the uses of the $4.25 Million from State Coronavirus Relief Fund for a reserve fund, COVID Non-profit Support Program, COVID Business Support Program, and City Operations. I)00:43:42 Action Items I.1 00:43:40 Authorize the City Manager to Sign an Interlocal Agreement Between City of Bozeman, City of Missoula, Missoula County, and City of Helena to Inform the Development of a Green Tariff Cover Page 43 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 4 of 14 Interlocal Agreement_20200202.pdf RFP for Green Tariff Consultant_20201117.pdf 00:43:57 Staff Presentation Sustainability Program Manager Natalie Meyer presented the Climate Plan 2020 goals, the background of a Green Tariff, the process, and the agreement. 00:49:47 Questions of Staff 01:04:10 Public Comment Mayor Andrus opened this item for public comments. 01:07:13 Christopher Nixon, Public Comment Christopher Nixon commented in favor of the Interlocal Agreement. 01:08:51 Motion to authorize the City Manager to sign an interlocal agreement between City of Bozeman, City of Missoula, Missoula County, and City of Helena to inform the development of a green tariff. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:09:15 Discussion 01:15:09 Commissioner Madgic had to exit the meeting. Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner Absent:None 01:15:22 Discussion Continued 01:16:49 Commissioner Madgic rejoined the meeting. Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent:None 01:16:50 Vote on the Motion to authorize the City Manager to sign an interlocal agreement between City of Bozeman, City of Missoula, Missoula County, and City of Helena to inform the development of a green tariff.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 44 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 5 of 14 I.2 01:17:50 Appeal IFA-2021-1 from BARTIMCO PROPERTIES/SAWMILL GULCH PROPERTIES of an Administrative Decision of the City Manager Regarding a Request for Listing of Certain Improvements on the Capital Improvements Program (CIP) in Association with Development of Nelson Meadows Subdivision and a Request for Impact Fee Credits (Quasi-Judicial) Cover Page Decision Letter from City of Bozeman CM 12-17-2020.pdf Appeal package - Received 1-05-2021.pdf Saunders Memo to City Manager for review final.pdf Single Packet of 7-16-2020 applicant materials.pdf 12.04.20 Letter to Saunders - Supplemental Application - Impact Fee Credits. v2 pdf.pdf 01:19:25 Staff Presentation Community Development Manager Chris Saunders entered all packet materials, including the appeal materials, staff recommendation, and the administrative record into the record of this meeting. He presented the background on Impact Fees. He presented the five matters under appeal of Nelson Road construction and right-of-way, Prince Lane construction and right-of-way, and the Northerly Right-of- way; he presented the five criteria for determination of Impact Fees and a summary of staff findings, the two public comments received have been provided, and staff's recommendation and the five motions provided. 01:26:33 Questions of Staff 01:52:37 Appellant Presentation Kent Merselis, Barnard Construction, and Susan Swimley, Swimley Law, presented for the appellant. Mr. Merselis stated their request is for credits they can sell to developers on the property. Their three points they presented in their appeal were: The City reclassified an easement to become a right-of-way along the northern boundary, reducing the saleable land by 1.4 acres. He noted their objection to the method of changing from the easement to the right-of-way. The City required Nelson Meadows to be increased from a local street standard to a collector street standard to accommodate future growth. He noted their objection to the change from an easement to a right-of-way, reducing saleable land and increasing construction costs. The City required the extension of Prince Lane from the intersection of Royal Wolf to the southern property lane. He noted Montana Rail Link and Montana Department of Transportation both said Prince Lane would not be connected to the intersection of Frontage Road and E Valley Center Spur. He stated the following claims for damages are legally valid. 01:56:38 Commissioner Madgic left the meeting. Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner Absent:None 02:03:16 Questions of Appellant 02:06:33 Mayor Andrus called a 5 minute recess. 02:08:58 Mayor Andrus called the meeting back to order. 45 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 6 of 14 02:08:56 Questions of the Appellant 02:14:49 Public Comment Mayor Andrus opened this item for public comments. 02:17:15 Emily Talago, Public Comment Emily Talago commented the esoteric nature of the proceeding and on the risk of litigation for the City. 02:18:46 Ralph Zimmer, Public Comment Ralph Zimmer commented on his own behalf as a retired transportation planner. He commented on the safety improvements related to Valley Spur and Frontage Road intersection where the proposed Prince Lane would connect. He commented on the considerations of bike and pedestrian connections. 02:25:45 Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with the staff’s determination and uphold the decision that dedication of a right of way, instead of an easement, on the northerly boundary of Nelson Meadows Subdivision does not qualify for inclusion in the CIP. Terry Cunningham: Motion Michael Wallner: 2nd 02:26:22 Discussion DM Cunningham stated that the appeal of the northern boundary and agreed with staff's findings that it is not a capacity expanding project. He stated this does not qualify for criteria number three and not eligible for the CIP. Cr. Wallner agreed with DM Cunningham. Cr. Pomeroy agreed it is not a CIP item and will support the motion. Mayor Andrus agreed that not all criteria have been met as the item is not on the CIP. 02:32:44 Vote on the Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with the staff’s determination and uphold the decision that dedication of a right of way, instead of an easement, on the northerly boundary of Nelson Meadows Subdivision does not qualify for inclusion in the CIP.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None 02:32:54 Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Nelson Road to a collector street standard does not qualify for inclusion in the CIP. 46 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 7 of 14 Terry Cunningham: Motion Michael Wallner: 2nd 02:33:25 Discussion DM Cunningham stated the land dedication is not capacity enhancing and is part of the project. He agreed with staff's findings. Cr. Wallner added that the land dedication is not capacity expansion and agreed with staff that the criteria have not been met. Cr. Pomeroy stated that criteria have not been met and agreed with staff's findings. Mayor Andrus agreed that all five criteria have not been met. It is not listed on the CIP and cannot be funded. 02:37:22 Vote on the Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Nelson Road to a collector street standard does not qualify for inclusion in the CIP.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None 02:37:50 Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Prince Lane to a local street standard does not qualify for inclusion in the CIP. Terry Cunningham: Motion Michael Wallner: 2nd 02:38:09 Discussion DM Cunningham stated the expansion of Prince Lane was related to the plat and because it is a local street it is not part of the transportation system. All local streets are project related and not eligible for impact fee credits. Cr. Wallner agreed with staff's findings. Cr. Pomeroy stated that criteria two has not been met and agreed with staff's findings. Mayor Andrus agreed with staff's findings that local streets are not capacity expanding and are project related improvements, nor listed on the CIP. 02:40:41 Vote on the Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that the dedication of land to construct Prince Lane to a local street standard does not qualify for inclusion in the CIP.The Motion carried 4 – 0. 47 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 8 of 14 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None 02:41:07 Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination recommending that construction costs of expanding Nelson Road to collector street standard not be prioritized for inclusion in the CIP. Terry Cunningham: Motion Michael Wallner: 2nd 02:41:31 Discussion DM Cunningham stated that some of the criteria were met; however, it was not included in the CIP after recommendation of Staff and the Impact Fee Advisory Committee were acted upon by the City Commission. He will support the motion. Cr. Wallner agreed with DM Cunningham's conclusions and will support the motion. Cr. Pomeroy stated the criteria of being included in the CIP was not met. Mayor Andrus concurred 02:44:04 Vote on the Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination recommending that construction costs of expanding Nelson Road to collector street standard not be prioritized for inclusion in the CIP.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None 02:44:28 Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that construction costs of Prince Lane do not qualify for inclusion in the CIP. Terry Cunningham: Motion Michael Wallner: 2nd 02:44:49 Discussion 48 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 9 of 14 DM Cunningham stated his appreciation for public comment. He stated the need for the Commission to learn the material related to appeals of this nature. He noted the Prince Lane is a local street it is not part of the transportation plan and not a part of the CIP; therefore, he will support the motion. Cr. Wallner agreed with DM Cunningham's conclusions. Cr. Pomeroy agreed with staff's findings that Prince Lane is not part of the transportation system and therefore not eligible for impact fee funding. Mayor Andrus agreed the request does not meet the criteria. 02:48:26 Vote on the Motion having heard and considered the administrative record, appeal materials, and presentations by staff and the appellant, I find no error with staff’s determination and uphold the decision that construction costs of Prince Lane do not qualify for inclusion in the CIP.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None I.3 02:48:48 Northwest Crossing Phase 1 Major Subdivision Preliminary Plat for the Subdivision of 146.21 Acres into Fifteen (15) Developable Lots, Fifteen (15) Restricted Development Lots, the Park Master Plan, Easements, and Right-of-Way Zoned B-2M and REMU (Quasi-judicial) Cover Page 20113 Staff Report 1-26-21.pdf 19440 & 20113 Park Master Plan CC Memo 1-26-21.pdf 19440 Staff Report Final - Signed.pdf 19440 Park Master Plan Combined.pdf 20113 Plat Page 1 20113 Plat Page 2 20113 Plat Page 3 20113 Plat Page 4 20113 Plat Page 5 02:48:55 Staff Presentation Parks Planning and Development Manager Addi Jadin and Planner Danielle Garber presented the staff report, the memo and all application materials into the public record. Manager Jadin presented the application for Park Master Plan, the project vicinity, the master plan, the vision for Homestead Park, park improvements-in-lieu provided, and the parkland in the Phase 1 Preliminary Plat. Planner Garber presented the Phase 1 Preliminary Plat, the project's zoning districts, the Future Land Use Map designations, the current status of the site, the proposed plat, and the recommendation of the Planning Board and staff. 02:58:43 Questions of Staff 49 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 10 of 14 03:10:46 Applicant Presentation Matt Ekstrom, from Morrison-Maeirle, presented for the applicant. He stated agreement with the staff report and conditions as written. He elaborated on the plans for the existing drain system and site buildup. 03:13:49 Questions of Applicant 03:14:36 Public Comment Mayor Andrus opened this item for public comment. 03:16:56 Christopher Nixon, Public Comment Christopher Nixon commented on his own behalf, that the drain tiles exist to drain what was formerly wetlands. He commented on the loss of wetlands from past activity in the valley. 03:19:33 Loreene Reid, Public Comment Loreene Reid commented on her own behalf and not any organization. She commented on developing on wetlands and riparian areas and how that aligns with the Commission priority of wetlands. 03:22:51 Sherry Staub, Public Comment Sherry Staub commented on the wetlands in the proposed development. She commented on the removal of the tile drain and te potential to increase wetlands. 03:24:20 Staff Clarification CM Mihelich responded to public comments on wetlands. 03:25:14 Additional Questions 03:27:32 Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19440 and 20113 related to the Northwest Crossing Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Michael Wallner: Motion I-Ho Pomeroy: 2nd 03:27:56 Discussion Cr. Wallner agreed with staff's findings and that the Recreation and Parks Advisory Board recommended approval. He noted the conditions have been agreed to by the applicant. He noted the 10 acre dedication of wetlands and watercourse. Cr. Pomeroy agreed with Cr. Wallner and public comments related to wetlands. 03:34:48 Vote on the Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19440 and 20113 related to the Northwest Crossing Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions.The Motion carried 4 – 0. Approve: Cyndy Andrus 50 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 11 of 14 Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None 03:35:04 Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to approve the subdivision with conditions and subject to all applicable code provisions. Michael Wallner: Motion I-Ho Pomeroy: 2nd 03:35:23 Discussion Cr. Wallner provided his findings in agreement with staff's recommendations. Cr. Pomeroy agreed with Cr. Wallner and staff's findings. She will support the motion. DM Cunningham noted the commercial node in the vicinity of Gallatin High School. He noted the need for a mix of housing types in the future development. He will support the motion. Mayor Andrus stated she will support the motion. 03:43:50 Vote on the Motion to approve Recommended Motion Preliminary Plat Application: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20113 and move to approve the subdivision with conditions and subject to all applicable code provisions.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None J)03:44:14 Appointments 03:44:18 Public Comment Mayor Andrus opened public comments on appointments. 03:44:52 Emily Talago, Public Comment Emily Talago commented her support for Chandler Dayton to the member-at-large position for the Northeast Urban Renewal Board. J.1 03:47:51 Appointments to the Bozeman Historic Preservation Advisory Board (BHPAB) Cover Page 51 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 12 of 14 07-02-20 CAB Application - S. Donnelly, Professional Designation.pdf 08-04-20 CAB Application - L. Arthun.pdf 10-23-20 CAB Application - L. Semones.pdf 06-15-20 CAB Application - C. Holling, Professional Designation, reapplication.pdf 03:48:34 Motion to appoint two members, Chelsea Holling and Savannah Donnelly, to the Bozeman Historic Preservation Advisory Board to the professional designation positions with terms expiring June 30, 2022 and two members, LaDeen Arthun and Linda Semones, to the at-large positions with terms expiring June 30, 2022. Michael Wallner: Motion I-Ho Pomeroy: 2nd 03:48:34 Vote on the Motion appoint two members, Chelsea Holling and Savannah Donnelly, to the Bozeman Historic Preservation Advisory Board to the professional designation positions with terms expiring June 30, 2022 and two members, LaDeen Arthun and Linda Semones, to the at-large positions with terms expiring June 30, 2022.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None J.2 03:48:40 Appointments to the Northeast Urban Renewal Board (NURB) Cover Page 07-02-20 CAB Application - M. E. Barlow.pdf 07-07-20 CAB Application - C. Nixon.pdf 01-11-21 CAB Application - N. Van Dusen.pdf 01-13-21 CAB Application - E. Daws.pdf 06-25-20 CAB Application - C. Dayton.pdf 03:49:48 Motion to appoint members to the Northeast Urban Renewal Board with the following positions and terms: one non-voting member, Eric Daws, with a term expiring July 31, 2022 one non-voting member, Christopher Nixon, with a term expiring July 31, 2024 one voting member at-large, Natalie Van Dusen, with a term expiring July 31, 2024 one voting resident within the district, Ethan Barlow, with a term expiring July 31, 2022 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 03:49:48 Vote on the Motion to appoint members to the Northeast Urban Renewal Board with the following positions and terms: one non-voting member, Eric Daws, with a term expiring July 31, 2022 52 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 13 of 14 one non-voting member, Christopher Nixon, with a term expiring July 31, 2024 one voting member at-large, Natalie Van Dusen, with a term expiring July 31, 2024 one voting resident within the district, Ethan Barlow, with a term expiring July 31, 2022. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None J.3 03:49:53 Appointment to the Pedestrian and Traffic Safety Committee (PTSC) Cover Page 12-22-20 CAB Application - L. A. Kudrna, new applicant.pdf 03:50:35 Motion to appoint one member, Liz Ann Kudrna, to the City Appointee (Voting) position on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2022. Michael Wallner: Motion I-Ho Pomeroy: 2nd 03:50:35 Vote on the Motion to appoint one member, Liz Ann Kudrna, to the City Appointee (Voting) position on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2022.The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Disapprove: None K)03:50:40 FYI / Discussion Cr. Wallner responded on economic impacts related to the Covid grants. He stated distributing more broadly leads to a factor ripple effect. DM Cunningham stated smaller non-profits may be more impacted than larger entities. L)03:53:53 Adjournment 53 Bozeman City Commission Meeting Minutes, February 2, 2021 Page 14 of 14 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 54 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA DRAFT MINUTES Tuesday, December 08, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:07 PM (00:51:16)Call to Order –6:00 PM - Commission Room, City Hall, 121 North Rouse B.06:04:07 PM (00:55:15)Pledge of Allegiance and a Moment of Silence C.06:04:45 PM (00:55:54)Changes to the Agenda D.06:04:51 PM (00:56:00)FYI Mayor Andrus congratulated Natalie Meyer on her Clean Energy Award from the Department of Energy. She reminded the public of the Parking Commission meeting on Thursday morning. She acknowledged businesses that are trying to keep the community safe. DM Cunningham reminded the public of the CAHAB meeting at 8 am on Wednesday. Cr. Madgic highlighted the Midtown Urban Renewal Board’s North 7th Avenue Project and the West Aspen Street festival street project. She provided an update of the Planning Board’s statutory requirements of membership. CM Mihelich responded to the Cr. Madgic’s FYI on statutory requirements of the Planning Board. He reiterated the congratulations of Natalie Meyer’s award. He noted the opening of the HRDC Warming Shelter on Wheat Drive. He stated the final draft of the Climate Plan will be available on the internet Wednesday. He announced the portal for non-profit applications for COVID-19 relief funds is fully operational. 55 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 2 of 9 E.06:15:21 PM (01:06:29)Commission Disclosures F.06:15:30 PM (01:06:39)Consent 1.Ratify the Professional Services Agreement Signed by the City Manager on November 20, 2020 with Jacobs Engineering Group, Inc. for the Pear Street Booster Station Water Main Condition Assessment Project (Reister) 2.Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool –Phase 1 Project (Heaston) 3.Authorize the City Manager to Sign a Professional Services Agreement with Economic and Planning Systems (EPS) for Urban Renewal Application Review for the 9TEN Mixed-Use Project (Fine) 4.Authorize the City Manager to Sign a Professional Services Agreement with KLJ Engineering to Complete Design of an Aspen Street Pedestrian Bridge (Veselik) 5.Authorize the City Manager to Sign a Professional Services Agreement and Task Orders 1 and 2 with Rick Williams Consulting for Parking Consulting Services Pertaining to Implementation of the Downtown Strategic Parking Management Plan (Fine) 6.Authorize the City Manager to Sign an Urban Renewal District Term Contract Task Order DTN21-002 with Sanderson-Stewart for Architectural and Engineering Services for a Structured Parking Feasibility Analysis (Naumann) 06:15:36 PM (01:06:45)City Manager Introduction CM Mihelich provide the highlights of the consent agenda. 06:17:35 PM (01:08:44)Public Comment Mayor Andrus opened public comments. 06:19:50 PM (01:10:59)David Kack, Public Comment Mr. Kack commented on the parking structure feasibility analysis and other options, such as remote parking and shuttling. He highlighted increased traffic and congestion. 06:22:16 PM (01:13:25)Emily Talago, Public Comment Ms. Talago commented on consent items 3 through 6 and her opposition to the use public funds for private developments. 06:25:09 PM (01:16:18)Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 5-0. 56 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 3 of 9 Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve G.06:25:47 PM (01:16:56)Public Comment Mayor Andrus opened public comments. 06:27:26 PM (01:18:35)Sam Haraldson, Public Comment Mr. Haraldson commented as the President of the Bozeman Bike Kitchen and former member of the Bicycle Advisory Board on the intersection of Peach Street and Rouse Avenue intersection. 06:30:09 PM (01:21:18)Chris Shaida, Public Comment Mr. Shaida commented in agreement with previous commenter. He also commented against the Kagy Boulevard widening project. 06:32:52 PM (01:24:01)Alycia Patencio, Public Comment Ms. Patencio commented on the need to protect pedestrians in relation to vehicles. 06:36:54 PM (01:28:03)Mark Egge, Public Comment Mr. Egge commented on aligning funding with goals by implementing a prioritization system for Capital Improvement Projects. He commented against the Kagy Boulevard project. 06:40:00 PM (01:31:08)Richard Rollins, Public Comment Mr. Rollins commented H.06:41:50 PM (01:32:59)Action Items 1.06:41:53 PM (01:33:02)Resolution 5237 Amending the Westlake Park Master Plan and Resolution 5238 Allocating up to $193,500 for the Gallatin Valley BMX and SouthWest Montana Mountain Bike Association Cash-in-lieu of Parkland Application for Westlake Park (Jadin) 06:42:36 PM (01:33:45)Staff Presentation Parks Planning and Development Manager Addi Jadin presented the application, the Strategic Plan objectives, the park’s location, current plan, proposed amendments, the requested funds and applicable expenditures, cues of care, how it is supported by the Parks, Recreation, Open Space and Trails Plan, the public support, and recommendations. 57 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 4 of 9 06:51:29 PM (01:42:37)Questions of Staff DM Cunningham asked about the user groups’ efforts and guidance on mountain bike construction limitations. He asked about additional trees. He asked about the City’s use of cash-in-lieu funding. Cr. Wallner asked about the stakeholder engagement process for the Westlake Master Plan. Cr. Madgic asked about outreach to neighboring residents. Cr. Pomeroy asked about the park’s openness to the public and its benefit to the whole City. She asked about potential unspent contingency funding. Mayor Andrus asked about lights and the sound system in the park and the impact on neighborhoods. 07:14:32 PM (02:05:41)Public Comment 07:16:18 PM (02:07:26)Richard Hayes, Public Comment Mr. Hayes, representative of SouthWest Montana Mountain Bike Association, commented on the park as a unique asset to the community. 07:18:20 PM (02:09:28)Adam Oliver, Public Comment Mr. Oliver, Board member of SWMMBA, commented in favor of the application. 07:19:29 PM (02:10:38)Matt Cloninger, Public Comment Mr. Cloninger from Gallatin Valley BMX commented in support of the project and their all-ages program. He commented on the economic benefits by the park’s bike features. 07:22:36 PM (02:13:45)Motion in consideration of the materials presented by staff and all public comment, I hereby move to adopt Resolution 5237 amending the Westlake Park Master Plan. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 07:23:10 PM (02:14:19)Discussion 07:27:20 PM (02:18:29)Vote on the Motion in consideration of the materials presented by staff and all public comment, I hereby move to adopt Resolution 5237 amending the Westlake Park Master Plan.The motion passed 5-0. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 58 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 5 of 9 07:27:40 PM (02:18:49)Motion in consideration of the application materials, materials presented by staff and all public comment, I hereby move to adopt Resolution 5238 allocating up to $193,500 in cash- in-lieu of parkland funds for the Gallatin Valley BMX and SouthWest Montana Mountain Bike Association Cash-in-Lieu of Parkland Application for Westlake Park Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner:2nd 07:28:11 PM (02:19:19)Discussion 07:30:20 PM (02:21:28)Vote on the Motion in consideration of the application materials, materials presented by staff and all public comment, I hereby move to adopt Resolution 5238 allocating up to $193,500 in cash-in-lieu of parkland funds for the Gallatin Valley BMX and SouthWest Montana Mountain Bike Association Cash-in-Lieu of Parkland Application for Westlake Park. The motion passed 5- 0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 2.07:30:50 PM (02:21:59)Resolution 5239 Allocating up to $28,380 for the Gallatin Watershed Council 2020 Cash-in-lieu of Parkland Application for Interpretive Signage (Jadin) 07:31:06 PM (02:22:15)Staff Presentation Manager Jadin presented the Strategic Plan objectives, project details, the background of the applicant, examples of signs, relation to the PROST plan, public support, and recommendations. 07:37:46 PM (02:28:54)Questions of Staff 07:43:39 PM (02:34:48)Public Comment There were no public comments. 07:46:26 PM (02:37:35)Motion in consideration of the application materials, materials presented by staff and all public comment, I hereby move to adopt Resolution 5239 allocating up to $28,380 in cash- in-lieu of parkland funds for interpretive signage. 59 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 6 of 9 Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic: 2nd 07:46:58 PM (02:38:07)Discussion 07:51:59 PM (02:43:08)Vote on the Motion in consideration of the application materials, materials presented by staff and all public comment, I hereby move to adopt Resolution 5239 allocating up to $28,380 in cash-in-lieu of parkland funds for interpretive signage.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 07:52:23 PM (02:43:32)Recess Mayor Andrus called the meeting into recess until 8 PM. 08:00:11 PM (02:51:20)Call to order Mayor Andrus called the meeting back to order. 3.08:00:15 PM (02:51:24)Presentation of the FY2022 –FY2026 Capital Improvement Plan (CIP) Other Funds (Donald) 08:00:39 PM (02:51:48)Staff Presentation Finance Director Kristin Donald presented the CIP adoption schedule, and the highlighted funds. She presented the Fire Capital Equipment funding, financial summary, project highlights, the Fire Impact Fee projected revenues, financial summary, and project highlights. 08:05:23 PM (02:56:31)Questions of Staff Cr. Madgic asked for proposed location of Fire Station 4. Cr. Pomeroy asked about proposed fire engines in FY2023. DM Cunningham asked about light duty vehicles uses. Cr. Wallner asked about funds associated with projects that will be removed from the CIP as they are CARES Act eligible reimbursable. Mayor Andrus asked if the City is on the same replacement schedule for cardiac monitors with the Bozeman Deaconess Hospital. She asked about the number of light vehicles in the CIP. She asked about the two replacement fire engines in FY2023. Cr. Madgic asked purchasing two trucks at the same time compared to staggering purchasing. 60 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 7 of 9 08:20:19 PM (03:11:28)Staff Presentation continued Director Donald presented the Library Depreciation Fund funding, financial summary, project highlights, and changes from previous CIPs. 08:22:19 PM (03:13:27)Questions of staff Cr. Pomeroy commented on the generous community’s donations. DM Cunningham commented on the funding of the expansion and the potential west side branch. Cr. Wallner asked for clarification on the funding for the library expansion. Mayor Andrus stated appreciation for the Library Foundation’s efforts. 08:26:23 PM (03:17:32)Staff Presentation continued Director Donald presented the Parks and Trails District funding estimates, the financial summary, project highlights, and changes from previously planned projects. 08:29:12 PM (03:20:20)Questions of staff DM Cunningham asked about the interconnected nature of a splashpad and parking projects at Story Mill Community Park. He asked about deferred maintenance projects. He commented on the need for additional parking at Story Mill Community Park and the benefit of a splashpad. He asked whether bike and pedestrian trails projects can be funded from the District. Mayor Andrus asked about playground equipment replacement and equipment for different age groups. Cr. Pomeroy asked about Forestry’s increase from previous CIPs. 08:41:28 PM (03:32:37)Public Comment Mayor Andrus opened public comments on this item. 08:43:33 PM (03:34:42)Marilee Brown, Public Comment Ms. Brown with Galla10 Alliance for Pathways commented on the benefit for bussing within the City. She commented on the included projects in the CIP and the trails projects from the PROST Plan and the Transportation Master Plan. She commented on the inclusion of TOP Bond projects with the Parks and Trails District funding. 08:45:48 PM (03:36:57)Mark Egge, Public Comment Mr. Egge commented on the fire rapid response vehicles and the effects of compact neighborhoods on large emergency response vehicles. 08:48:14 PM (03:39:23)Ralph Zimmer, Public Comment Mr. Zimmer commented on increasing funding non-motorized travel options. I.08:51:10 PM (03:42:19)Work Session 61 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 8 of 9 1.Community Engagement Initiative Draft (Mileur/Hess) 08:52:06 PM (03:43:15)Staff Presentation CM Mihelich, Communications Coordinator Melody Mileur, and Neighborhoods Coordinator Dani Hess presented the purpose of the initiative, the questions to consider, the guiding principles, the goals of the initiative, what community engagement is, and what community engagement is not. They presented the definitions of sustainable decision making, decision making, the decision making process, the public needs,and defining the level of engagement. They presented an example of the process, example tools and techniques, and an example scenario. The presented the next steps, measure of efforts, and the questions to consider. 09:15:44 PM (04:06:52)Questions of Staff Cr. Pomeroy stated the draft meets the Strategic Plan and that there is nothing missing. She asked for clarity in how the City is measuring its efforts. DM Cunningham stated it does satisfy intent of the Strategic Plan and the need to emphasize technology into the outreach efforts. He asked who decides which projects receive various engagement levels.He asked about techniques to get a true cross-section of the community. He asked how to get all stakeholders understanding the same common basis. Cr. Wallner stated it is critical to include the terms “collaborative governance” in the document title. He asked if there has been a consideration of soliciting suggestions from citizens and advisory boards. He asked how this plan engages citizens in the beginning of the process. Cr. Madgic stated her concerns are inherent in getting good engagement. Mayor Andrus asked about what projects this is going to be used on and if it will slow down the decision making process. 09:55:09 PM (04:46:18)Meeting extended Mayor Andrus extended the meeting until 10:05 PM. 09:55:17 PM (04:46:26)Staff Clarification Communication Coordinator Mileur provided the spectrum for further explanation on how to select specific level of engagement. CM Mihelich elaborated the way engagement can be utilized through different tools as they relate to the goals. 10:00:30 PM (04:51:39)Questions continued Mayor Andrus highlighted the process as opposed to focus on the outcomes. She answered yes to both questions to consider and nothing missing from the current draft at this time. 10:02:33 PM (04:53:42)Public Comment Mayor Andrus opened this item for public comments. 10:03:20 PM (04:54:29)Meeting extended 62 Bozeman City Commission Meeting DRAFT MINUTES, December 8, 2020 Page 9 of 9 Mayor Andrus extended the meeting until 10:15 PM. 10:04:15 PM (04:55:24)Kevin Thane, Public Comment Mr. Thane commented that the plan is missing community engagement. He noted that the plan does not show the City asking how people want to be engaged. J.10:10:53 PM (05:02:02)FYI/Discussion CM Mihelich responded to public comment on the Peach Street and Rouse Avenue intersection and noted a forthcoming meeting with the Montana Department of Transportation. K.10:12:20 PM (05:03:29)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 63 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, December 01, 2020 Mayor -Cynthia Andrus: Present Deputy Mayor -Terry Cunningham: Present Commissioner -I-Ho Pomeroy: Present Commissioner -Michael Wallner: Present Commissioner -Jennifer Madgic: Present Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A.06:00:40 PM (00:28:28)Call to Order –6:00 PM –Webex Video Conference B.06:05:08 PM (00:32:57)Pledge of Allegiance and a Moment of Silence C.06:05:42 PM (00:33:30)Changes to the Agenda There were no changes to the agenda. D.06:05:50 PM (00:33:38)FYI DM Cunningham relayed a recent visit to Bozeman Deaconess Hospital. He noted the Rocking R Bar’s defiance of the local restrictions. CM Mihelich announced that the Christmas spiders were put up. He announced the City’s work with Montana Department of Transportation to take over snow removal on Main Street. E.06:12:13 PM (00:40:01)Commission Disclosures There were no disclosures. F.06:12:18 PM (00:40:06)Consent 1.Accounts Payable Claims Review and Approval (Stewart) 64 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 2 of 10 2.Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify the City Manager and Mayor’s Signatures of the Local Government Entity Certification Form (Donald) 3.Authorize the City Manager to Sign a Release and Reconveyance Vacating a 25-foot Public Access Easement on Lots 1, 2 and 7 of Block 21 in Cattail Creek Subdivision Phase 3 for the Palisades Condos Site Plan Project (20117)(Nielsen) 4.Authorize the City Manager, or their Designee, to Sign a Professional Services Agreement with the Downtown Bozeman Business Improvement District for Bridger Park Garage Cleaning Services for FY 21 (Fontenot) 5.Authorize the City Manager to Sign a Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services (Reister) 6.Authorize the City Manager to Sign a Professional Services Agreement with Applied Pavement Technology for the Purpose of Completing a Citywide Pavement Condition Assessment (Gamradt) 7.Authorize the City Manager to Sign Amendment 5 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate an Upcoming Water Renovations and Shared Use Pathway Project (Gamradt) 8.Ordinance 2066, Provisional Adoption of the 1811 W. Koch Street Zone Map Amendment to Designate 0.69 acres as R-O, Residential Office, Application 20102 (Saunders) 06:12:21 PM (00:40:09)City Manager Overview CM Mihelich presented the highlights on the consent agenda. 06:13:32 PM (00:41:20)Public Comment Mayor Andrus opened public comments. 06:15:40 PM (00:43:28)Marilee Brown, Public Comment Ms. Brown commented on behalf of Pedestrian Traffic Safety Committee offering thanks for consent item 7. 06:17:34 PM (00:45:22)Motion and Vote to approve Consent Items 1-8 as submitted. The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic:2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 65 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 3 of 10 G.06:18:10 PM (00:45:59)Public Comment Mayor Andrus opened public comments. 06:19:47 PM (00:47:35)Mason Griffin, Public Comment Mr. Griffin,owner of Ultra Cycles, commented on the Peach Street and Rouse Avenue intersection and the danger to pedestrians. 06:21:45 PM (00:49:33)Emma Bode, Public Comment Ms. Bode commented her support for Courtney Smith to the Police Commission. H.06:23:50 PM (00:51:38)Action Items 1.06:23:53 PM (00:51:42)Norton Ranch Phase 5 Major Subdivision Preliminary Plat, Application for a Proposed 79.3 Acres, Zoned R-2, R-3, and R-4, to Create 148 Lots: 124 Residential Single Household, 14 Affordable Single Household Detached Lots, 5 Common Open Space Lots 5 City Park Lots, 4 Restricted Lots and Dedicated Rights-of-way (Quasi-judicial)(Rosenberg) 06:24:20 PM (00:52:08)Staff Presentation Associate Planner Sarah Rosenberg presented the Norton Ranch Phase 5 Subdivision application, the general area of the project, the current land uses in the area, the preliminary plat map and scheduled development phases, the required affordable housing lots, the parks and trails map, the unresolved issue of the completion of Laurel Parkway. City Engineer Shawn Kohtz presented the requirement of the construction of Laurel Parkway, the existing transportation network, the developer’s proposed phasing plan, the referenced Bozeman Municipal Code, Engineering staff’s code requirement number four, the connectivity via Laurel Parkway, the reasoning for staff’s requirement, and projected traffic demands. Associate Planner Rosenberg presented the recommendation of the Planning Board, the Development Review Committee, and the recommended motion. 06:46:14 PM (01:14:02)Questions of Staff Mayor Andrus asked for clarification on the matter before the Commission. Cr. Madgic asked about the closest commercial center to the proposed subdivision. She asked about potential housing densities. She commented that the Planning Board’s recommendation on Laurel Parkway was without input from the City Engineer. Cr. Pomeroy asked about the developer’s plans to build the affordable housing units first. She asked about park lots in the subdivision. She asked about the restricted lots.She asked about changing existing wetlands within the proposed subdivision. She asked clarification on whether the City will review wetland impacts after the U.S. Army Corps of Engineers’ determination on wetlands. DM Cunningham asked about the relocation of a retention pond. He asked about the park and trail in the northeast segment of the proposed development. He asked about the 14 affordable housing units and the calculation of requirements. He asked about condition of approval related to the Norton Ranch 66 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 4 of 10 lift station. He asked about the staff recommended requirement of construction of Laurel Parkway with Phase 5A. Cr. Wallner asked for additional information on the unresolved issue of continuation of streets between adjacent developed properties. He asked about the developers’ choice of detached houses. Mayor Andrus asked for clarification on phases 1-4 development and the requirement that phase 5 would trigger the need for completion of Laurel Parkway. She asked about the applicant’s plan to develop Laurel Parkway in two phases. She asked for the cost of the complete section of Laurel Parkway. She asked about options related to the costs of developing the required street. She asked about the location of affordable housing lots. She asked about options for affordable units. She asked about midblock crossings in the proposed development. She asked about the size of the parking lot adjacent to the proposed park. 07:18:22 PM (01:46:11)Clarification of Staff CM Mihelich clarified the options to aid in the completion of Laurel Parkway. 07:20:29 PM (01:48:17)Applicant Presentation Greg Stratton with Killday and Stratton presented on behalf of Norton Properties. He presented that the unresolved issue with Laurel Parkway is the only remaining issue. He responded to the argument of one ingress and egress by highlighting Fallon Street allows access as well. He presented the response to traffic projections. He responded to questions on lot size and duplexes as opposed to single family detached housing, to the question on restricted lots to the east of the proposed development, to the question related to the wetlands and U.S. Army Corps of Engineers, and to the question of the parking lot size. He presented the issue with Laurel Parkway is a matter of timing of construction only. He responded to staff’s recommendation on Laurel Parkway. He presented the position that the proposal adheres to the goals of the 2009 Growth Plan, the 2020 Growth Plan, the Transportation Plan, the Complete Streets policy, and the Strategic Plan. He presented the financial need to build Laurel Parkway in phases and that it is not imminently necessary. 07:37:54 PM (02:05:42)Questions of Applicant Cr. Madgic stated the potential for subsequent phases to not be completed and how that influences Laurel Parkway’s construction. She asked if covenants restrict duplexes or accessory dwelling units. She asked about potential density allowable with current zoning. Cr. Pomeroy asked for clarification on the proposed affordable housing units. DM Cunningham asked why the applicant did not anticipate building Laurel Parkway in a single section. He asked about efficiencies of construction at once. He asked why the Commission should not view the applicant in the totality of the Norton Ranch development. Mayor Andrus asked about applicant’s awareness of construction of Laurel Parkway through requests for funding through the Capital Improvement Plan in the past couple of years. She asked when the expected completion of the road if a phased approach is approved. She asked about building to maximum density allowed by zoning. 07:55:48 PM (02:23:36)Public Comment 67 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 5 of 10 Mayor Andrus opened public comment 07:57:43 PM (02:25:31)Marilee Brown, Public Comment Ms. Brown, Executive Director of Safer Bozeman, commented on both the difficulty of funding and the position of the City Engineer. She noted the rating of an intersection only refers to vehicle travel. She asked about pathways being created ahead of the vehicle portion of the road. 07:59:40 PM (02:27:29)Mark Egge, Public Comment Mr. Egge commented on the lot sizes and the connection of lot sizes to affordable housing and market rate housing. He commented on lot size requirements. He asked why not use the density for affordable housing throughout the City. He commented on aligning transportation funding with affordable housing and climate goals. 08:04:16 PM (02:32:05)Clarification of Staff CM Mihelich reminded the Commission on the matter before the Commission. He responded to the applicants comments related to requesting Capital Improvement funds and the applicability of those funds. He highlighted the concerns related to the unresolved issue of Laurel Parkway. 08:07:40 PM (02:35:28)Follow up questions of staff Cr. Madgic asked about the ingress and egress to the subdivision. She asked about the appropriateness of adding a condition that covenants do not restrict duplexes or accessory dwelling units. 08:10:50 PM (02:38:38)Clarification of Staff CA Sullivan highlighted the review criteria of subdivision preliminary plat and noted the findings related to the staff’s condition number four. 08:13:29 PM (02:41:17)Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18278 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd 08:13:56 PM (02:41:44)Discussion Cr. Madgic outlined the additional condition she would like to add. 08:13:54 PM (02:41:43)Amendment to the Motion to add the condition stating that property owners’ covenants cannot exclude accessory dwelling units and/or duplexes on lots in all phases and that the City must be party to the covenants. Commissioner - Jennifer Madgic: Motion 68 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 6 of 10 Commissioner - I-Ho Pomeroy: 2nd 08:15:35 PM (02:43:24)Discussion Cr. Madgic stated that it is time to accommodate infill and the best place to do that is in new development. She stated promoting density is conforming with the Growth Policy and underlying zoning. Cr. Pomeroy stated her support for the amendment as a way to promote open spaces. DM Cunningham stated his hesitancy to place the City as a party to covenants. He stated his support after hearing the applicants’ representative would not object to the limitation of restrictions. Cr. Wallner stated decisions of this nature should be left up to the neighborhood. He will not support the amendment. Mayor Andrus will support the amendment. She noted that amendment increases the options to be built in the area. 08:20:29 PM (02:48:18)Staff Clarification CA Sullivan clarified the City’s role within covenants. 08:21:36 PM (02:49:24)Vote on the amendment to the motion to add the condition stating that property owners’ covenants cannot exclude accessory dwelling units and/or duplexes on lots in all phases and that the City must be party to the covenants.The amendment to the motion passed 4-1. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Disapprove Commissioner - Jennifer Madgic: Approve 08:22:10 PM (02:49:58)Discussion continued Cr. Madgic stated she will support the application with all conditions presented by staff. She stated her disappointment the subdivision is not taking advantage of the underlying zoning and acknowledged the possible need for changes to Bozeman Municipal Code (BMC) to allow smaller lot size. She highlighted the segregation of housing types throughout developments in the City. Cr. Pomeroy agreed with Cr. Madgic. She state she was please at the proposed open space, parks and trails, and affordable housing. DM Cunningham agreed with staff findings related to the necessary review criteria. He stated his appreciation for the increase of housing stock including affordable housing units, connectivity, and the preservation of wetlands. Cr. Wallner highlighted the need for new housing units. He stated his opinion that with Bozeman’s fast growth there should be a bank willing to finance the construction of Laurel Parkway. Mayor Andrus noted the past need for the City to fill in phased projects that never completed sidewalks 69 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 7 of 10 and roads. She stated the importance of connectivity to the community. 08:36:16 PM (03:04:04)Vote on the Motion as Amended having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18278 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions.The motion passed 5-0. Commissioner -Jennifer Madgic: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 08:37:23 PM (03:05:11)Recess Mayor Andrus called the meeting into recess until 8:42 PM. 08:43:43 PM (03:11:31)Call to order Mayor Andrus called the meeting back to order. 2.08:43:47 PM (03:11:35)Presentation of the FY2022 –FY2026 Capital Improvement Plan (CIP) General Fund (Donald) 08:44:06 PM (03:11:55)Staff Presentation Finance Director Kristin Donald presented the schedule for approval of the CIP, where to find the CIP, a preview of next week’s presentation.She presented the General Fund funding, the financial summary, revenue projections, planned bond issuances, and planned projects. She presented the significant change in the General Fund. She presented highlights including Fire Station #2 relocation, Aquatics Facility and Projects, Repair and Remodel of Lindley Center, a Westside Recreation Center and Library Branch complex, and their associated ballot questions. She presented additional project highlights of fiber optic conduit and vaults, energy saving projects, electrical vehicle stations at the Bozeman Public Safety Center, replacing the Storymill Community Center gym floor, and the addition of funding body worn cameras for the Police Department. She presented the General Fund summary. 08:53:41 PM (03:21:29)Questions of Staff Cr. Pomeroy asked about the proposed Recreation Facility and Westside Library Branch complex. She asked about painting the exterior of Story Mansion and if the Friends of Story Mansion will have fundraising event. DM Cunningham asked about the funding mechanism of relocating Fire Station #2 and the location where it will move to. He asked about the funding for the current Swim Center and Renovation of Bogert 70 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 8 of 10 Park in past CIPs. He asked about the timing of relocating Fire Station #2. He stated his belief the Bozeman philanthropic community will support an aquatics center and library branch and the needs to engage that segment of the community.He asked about the potential for packaging existing facilities with a new complex for a bonding measure. He asked about vehicle replacements. He asked about advantages to citizens of body worn Police cameras. He asked about the Bozeman Creek assessment. Cr. Wallner asked about possibly increasing funding for fiber optic conduit. He asked about server replacements and server farm improvements in order to prevent intrusions or malware. He asked a series of questions related to Police body worn cameras. Cr. Madgic asked an anticipated roll out schedule of body worn cameras. She asked about changes to the CIP in response to growth. She asked about charges for services as part of revenue. Mayor Andrus asked if all vehicle replacements will consider environmental impacts. She asked whether a policy exists to place fiber optic conduit during other construction projects. She asked about the prioritization of projects related to the Story Mansion. She noted the Senior Center elevator project and to consider additional uses for the facility. She commented on the significant changes and asked about funding considerations of other jurisdictions.She asked about the proposed Westside Recreation Facility. Cr. Wallner seconded Mayor Andrus’ comments related to an indoor pool on the west side of town. Cr. Pomeroy concurred. DM Cunningham asked about the difference of saving funds for projects compared to bond issuances. 09:35:26 PM (04:03:14)Public Comment Mayor Andrus opened public comments. 09:37:46 PM (04:05:34)Ralph Zimmer, Public Comment Mr. Zimmer, Chair of the Bozeman Area Pedestrian and Traffic Safety Committee,commented related to non-motorized infrastructure funding encouraging the Commission to greatly increase funding for independent bike path projects. 09:41:30 PM (04:09:18)Judith Heilman, Public Comment Ms. Heilman, Executive Director of Montana Racial Equity Project,commented that the Racial Equity Project supports body worn cameras completely. She commented on the benefits of body worn cameras. 09:44:57 PM (04:12:45)Discussion continued DM Cunningham commented on the funding of a Westside Recreation and Library Branch complex and the need to explore funding sources through philanthropic groups. Cr. Wallner concurred with DM Cunningham. 3.09:48:57 PM (04:16:46)Appointment to the Police Commission (Maas) 09:49:04 PM (04:16:52)Public Comment Mayor Andrus opened public comments. 71 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 9 of 10 09:50:30 PM (04:18:19)Judith Heilman, Public Comment Ms. Heilman commented in support of Courtney Smith on behalf of herself, as a member of the community, and on behalf of the Montana Racial Equity Project. 09:52:11 PM (04:19:59)City Manager Overview CM Mihelich outlined the application and interview process to determine his recommendation of Courtney Smith for the Police Commission. 09:53:13 PM (04:21:01)Motion and Vote to approve the City Manager's appointment of Courtney Smith to the Police Commission to a term ending April 30, 2023.The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 4.09:53:52 PM (04:21:41)Appointments to the Zoning Commission (Maas) 09:54:02 PM (04:21:50)Public Comment There were no public comments. 09:56:21 PM (04:24:10)Motion and Vote to appoint two members, Christopher Scott and Kirsa Shelkey, to the Zoning Commission with terms ending February 28, 2022.The motion passed 5-0. Commissioner -Jennifer Madgic: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve I.09:58:02 PM (04:25:50)FYI/Discussion CM Mihelich responded to public comments related to the Peach Street and Rouse Avenue intersection. 72 Bozeman City Commission Meeting Minutes, December 1, 2020 Page 10 of 10 J.09:59:09 PM (04:26:57)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 73 Page 1 of 11 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 24, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A.06:20:54 PM (00:02:05)Call to Order –6:00 PM – Webex Videoconference B.06:24:49 PM (00:06:00)Pledge of Allegiance and a Moment of Silence C.06:25:19 PM (00:06:30)Changes to the Agenda D.06:25:24 PM (00:06:35)FYI Cr. Pomeroy thanked citizens of the City and Gallatin County for wearing their masks. DM Cunningham highlighted the brown bag lunch on Low Income Tax Credit Housing occurring on Wednesday, December 2, 2020. Connection information was available on the City’s Website Calendar. CM Mihelich shared the Community Housing dashboard. E.06:30:03 PM (00:11:14)Commission Disclosures DM Cunningham disclosed a relation to the Boulevard Apartments item but that it will not prevent him from acting on both the related consent and action item. F.06:31:09 PM (00:12:19)Consent 74 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 2 of 11 1.Accounts Payable Claims Review and Approval (Yeykal) 2.Authorize Acceptance of an Easement from Montana Department of Transportation (MDT) for E. Main Street Easement to Accommodate the Front Street Sanitary Sewer Interceptor (Kohtz) 3.Authorize the City Manager to Sign a Cityworks License and Maintenance Agreement Renewal (Henderson) 4.Authorize the City Manager to Sign a Professional Services Agreement for Cityworks Support with GIS Inc.(Henderson) 5.Authorize the City Manager to Sign a Grant Agreement with Human Resource Development Council IX (HRDC) for the Reimbursement of Construction Costs Associated with the Preservation of Darlinton Manor and Boulevards Apartments as Affordable Rental Homes (Andreasen) 6.Resolution 5225, Intent to Vacate and Abandon City Rights-of-way in Tract 1, Lots 1-3 of the Gardner-Simmental Plaza Subdivision and Direct Staff to Bring Back a Final Resolution to Discontinue the Subject Street Rights-of-way (Gamradt) 06:31:12 PM (00:12:23)City Manager Overview CM Mihelich presented the highlights on the consent agenda. 06:31:52 PM (00:13:02)Public Comment Mayor Andrus opened public comment. 06:33:58 PM (00:15:09)Linda Young, Public Comment Ms. Young commented as a Board Member for HRDC in reference to the affordable housing crisis and the preservation of limited stock through the efforts at Darlinton Manor and Boulevard Apartments. 06:36:02 PM (00:17:13)Heather Grenier, Public Comment Ms. Grenier commented representing HRDC on the critical nature of the grant agreement preserve the restricted units for elderly or individuals with disabilities. She noted the non-transferability of the subsidies. 06:39:09 PM (00:20:19)Motion and Vote:to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve 75 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 3 of 11 Commissioner -Jennifer Madgic: Approve G.06:39:49 PM (00:21:00)Public Comment Mayor Andrus opened public comments 06:42:16 PM (00:23:27)Jason Delmue, Public Comment Mr. Delmue,acting Vice Chair of the Bozeman Area Bicycle Advisory Board,commented on his own behalf. He commented on the difficulty of bicyclists to cross Rouse Avenue at Peach Street. He made three requests to address this issue. He noted the lack of a bike lane in the current three vehicle lane configuration. H.06:46:47 PM (00:27:58)Mayoral Proclamation 1.06:47:02 PM (00:28:12)Small Business Saturday (Andrus) I.06:49:27 PM (00:30:38)Action Items 1.06:49:38 PM (00:30:49)Ordinance 2055, Final Adoption Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision (Fontenot) 06:49:52 PM (00:31:03)Staff Presentation CM Mihelich presented the questions for the Commission, the original Plan goals, the additional goals, and suggested revisions to the Ordinance and the Plan. 06:55:16 PM (00:36:27)Questions of Staff Cr. Wallner asked about future traffic flow and engineering in the area and whether the City has a plan for mitigating neighborhood concerns. He asked how the URD would positively impact the area.He asked about future infrastructure and how to make sure it is adequate for emergency vehicles. Cr. Madgic asked about the special revenues related to the tax increment financing. She asked about the two neighborhood plans in the City. DM Cunningham asked about staff’s response to suggestions and concerns of non-conformance provided by public comment. He asked how the City will address the new goal of protecting community health.He asked about correspondence related to the Idaho Pole site from the Environmental Protection Agency and the Montana Department of Environmental Quality. 07:12:10 PM (00:53:20)Public Comment Mayor Andrus opened public comment. 07:14:36 PM (00:55:47)Susan Swimley, Public Comment 76 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 4 of 11 Ms. Swimley representing Kenyon Noble commented on the preference of more specificity in strategies for preservation of existing business. She asked why the desire to create the district before year end. She commented on wanting to hear from the Environmental Protection Agency and Montana Department of Environmental Quality on December 3. 07:16:00 PM (00:57:10)Amy Hoitsma, Public Comment Ms. Hoitsma asked what the Commission’s vision for the Northeast area of Bozeman. She commented on a potential developer’s vision for the area. She commented on dialing down the development promotion. 07:19:30 PM (01:00:41)Bob Horne, Public Comment Mr. Horne commented in support of creating the district to keep development near the City’s core. 07:20:39 PM (01:01:50)Chandler Dayton, Public Comment Ms. Dayton commented on the additional language recommendations. She commented on the process in developing the plan. She commented this area is not well suited for urban density development. 07:26:01 PM (01:07:12)Mayor Andrus temporarily lost connection to the meeting. 07:27:33 PM (01:08:44)Mayor Andrus rejoined the Webex videoconference. 07:26:40 PM (01:07:51)Emily Talago, Public Comment Ms. Talago asked for clarification on the creation of an urban renewal board. She commented on right to participate and right to know of the public related to the supplemental materials to the agenda. She commented on the analysis finding conformance with the 2020 Community Plan. 07:31:54 PM (01:13:05)Ashley Ogle, Public Comment Ms. Ogle commented on behalf of Kenyon Noble. She thanked Mayor Andrus for the Small Business proclamation and the residents of the Northeast Neighborhood for their efforts related to this process. She stated her desire to slow the process down until more information is available. 07:35:20 PM (01:16:30)Jay Pape, Public Comment Mr. Pape commented to slow down to understand impacts and encouraged the Commission to vote against the district. He commented on the past development of the Story Mill Landfill. 07:36:59 PM (01:18:09)Marilee Brown, Public Comment Ms. Brown commented her confusion on why the neighborhood is against a funding mechanism to clean up the pollution and solve the transportation difficulties. 07:38:51 PM (01:20:02)Kristin Griffin, Public Comment Ms. Griffin asked to have the term urban defined as it applies to urban renewal and how the area meets the definition to appropriately be considered for renewal. 77 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 5 of 11 07:40:10 PM (01:21:21)Staff clarification CM Mihelich responded to public comments. 07:44:03 PM (01:25:13)Questions of staff continued Cr. Pomeroy asked about the institutional controls in the superfund site and the possible addition of new wells after cleanup. Cr. Madgic asked about the sense of urgency driving the creation of the district. Cr. Wallner asked about public comments related to notice requirements. 07:48:06 PM (01:29:17)Staff Clarification CA Sullivan noted the supplemental materials were provided for additional transparency to a legislative act of the City Commission. 07:48:38 PM (01:29:49) Mayor Andrus asked about transparency of this action item. 07:48:57 PM (01:30:07)Motion Having considered public comment, I move to approve final adoption of Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance 2055 and the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the Commission’s adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that the creation of the District and the Revised Plan is in conformance with the newly adopted Bozeman Community Plan 2020. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd 07:49:40 PM (01:30:50)Discussion Cr. Wallner provided findings that the plan meets the necessary requirements. He stated the district will help enhance the area that needs a commercial node for development and funding infrastructure. He will support the motion. Cr. Madgic stated the potential for development is causing angst due to rapid growth and she hears that from the community. She identified the district is a tool to address needed improvements. She recommended creation of a neighborhood plan. Cr. Pomeroy agreed with Cr. Madgic and appreciated the additional goals. She will not support the motion. DM Cunningham stated his attempt to be deliberate through the process. He stated he would not support the motion without the additional goals. He stated his goal is to receive answers to questions and this tool will allow a funding mechanism to achieve that. He will support the motion. Mayor Andrus stated she will support the motion. She stated this financing tool that will help work for the entire district. She stated her support for creation of a neighborhood plan. 78 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 6 of 11 08:06:45 PM (01:47:56)Vote on the Motion Having considered public comment, I move to approve final adoption of Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance 2055 and the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the Commission’s adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that the creation of the District and the Revised Plan is in conformance with the newly adopted Bozeman Community Plan 2020.The motion passed 4-1. Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Disapprove Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 2.08:07:26 PM (01:48:37)Resolution 5220 Amending the FY21 Budget to increase the Community Housing Fund Appropriation for $500,000 for Funding an Affordable Housing Project Grant (Donald) 08:07:58 PM (01:49:08)Staff Presentation Finance Director Kristin Donald presented the background of the amendment. 08:09:16 PM (01:50:27)Questions of Staff DM Cunningham commented about a Timber Ridge project proposal request. Mayor Andrus asked clarification that this allocation is from existing funds and the fund balance remaining. 08:12:46 PM (01:53:57)Public Comment There were no public comments. 08:15:32 PM (01:56:43)Motion to approve Resolution 5220 amending the FY21 Budget to increase the Community Housing Fund appropriation for $500,000 for funding affordable housing project grant. Commissioner -Jennifer Madgic: Motion Commissioner -I-Ho Pomeroy: 2nd 08:16:09 PM (01:57:20)Discussion 08:22:03 PM (02:03:14)Vote on the Motion to approve Resolution 5220 amending the FY21 Budget to 79 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 7 of 11 increase the Community Housing Fund appropriation for $500,000 for funding affordable housing project grant.The motion passed 5-0. Commissioner -Jennifer Madgic: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 08:22:22 PM (02:03:33)Recess Mayor Andrus called the meeting into recess until 8:30 PM. 08:30:19 PM (02:11:29)Call to Order Mayor Andrus called the meeting back to order. 3.08:30:30 PM (02:11:41)Resolution 5230 Amending the FY21 General Fund Budget for the Purpose of Using CARES Act Reimbursement Funds for COVID Relief Grants (Rosenberry)  08:31:20 PM (02:12:30)Staff Presentation Assistant City Manager Anna Rosenberry presented staff’s recommendation for uses State Coronavirus Relief Funds, the four needs presented were a reserve for future COVID needs, a Non-profit Support Program, a Business Support Program, a City Operations Program, suggested program operations, and estimated program revenue projections. 08:38:35 PM (02:19:46)Questions of staff Cr. Pomeroy asked about the reserve fund uses. She asked about the need for non-profit support. She asked about the business support program. She asked about the City operations supported. DM Cunningham asked about restrictions on use of funds or expiration of such a requirement.He asked about restrictions to program recipients within the City. He asked about future Commission review on allocation of these funds. He asked about the possibility of using this funds for land acquisition for affordable housing. Cr. Madgic stated her agreement with the philosophy of this program. She asked which non-profit groups have received money in the past from the City. Mayor Andrus asked about the required timeline for allocation of funds.She asked about the approval of allocations of funds. She asked about factors for choice of applications. 09:03:28 PM (02:44:39)Public Comment There were no public comments. 80 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 8 of 11 09:07:03 PM (02:48:14)Motion to Approve Resolution 5230 Amending the FY21 General Fund Budget for the purpose of using CARES Act Reimbursement funds for COVID Relief grants. Discussion Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd 09:07:36 PM (02:48:47)Discussion 09:12:49 PM (02:53:59)Vote on the Motion to Approve Resolution 5230 Amending the FY21 General Fund Budget for the purpose of using CARES Act Reimbursement funds for COVID Relief grants.The motion passed 5-0. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 4.09:13:14 PM (02:54:24)Presentation of the FY2022 –FY2026 Capital Improvement Plan (CIP) Introduction and Public Works Funds (Donald) 09:13:48 PM (02:54:58)Staff presentation CM Mihelich, Director Donald, and Public Works Director Mitch Reister presented the timeline of the CIP, role of the Strategic Plan, funding the CIP, total scheduled projects by fund, unscheduled projects by fund, and the presentation schedule. They presented all Public Works funds and the highlighted funds. They presented the Water Fund funding, financial summary, the revenue estimate, expenditures, and project highlights. They presented the Water Impact Fee funding, borrowing for projects, the financial summary, the revenue estimate, estimates, project highlights, and the Impact Fee Advisory Committee’s recommendation as presented. 09:24:58 PM (03:06:09)Questions of staff DM Cunningham stated the specific section for the Arterial and Collector and Streets Maintenance Funds were not contained in the packet materials. He asked about highlighted projects.He asked about uses of water impact fees. Cr. Wallner asked about the lifespan of a projected vehicle replacement. Cr. Madgic asked percentage of water provided by the wellfield project. She asked about an increase in impact fees. Cr. Pomeroy asked about water impact fee revenues. 81 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 9 of 11 Mayor Andrus asked for a hard copy of the draft CIP. She asked about process for project requests appearing in the CIP. She asked about an increase in a specific project request. She asked about new project requests. 09:41:48 PM (03:22:58)Staff presentation continued Directors Donald and Reister presented the Wastewater Fund revenue, financial summary, and project highlights. They presented the Wastewater Impact Fee revenue, borrowing for projects, financial summary, project highlights, and the Impact Fee Advisory Committees recommendation as presented. 09:48:42 PM (03:29:52)Questions of staff DM Cunningham asked about inflationary cost increases and unscheduled projects. Cr. Wallner commented on the pipe replacement project. Cr. Pomeroy asked about unscheduled wastewater fund projects. 09:58:56 PM (03:40:07)Meeting Extended Mayor Andrus extended the meeting until 10:30 PM. 09:59:01 PM (03:40:12)Questions of staff continued Mayor Andrus asked about the Riverside Annexation impact project being removed from last year’s CIP. 10:01:50 PM (03:43:00)Staff presentation continued Directors Donald and Reister presented the Street Maintenance Fund revenue, financial summary, and project highlights. 10:04:52 PM (03:46:02)Questions of staff DM Cunningham asked about funding for non-motorized pathway improvements. He asked about the impact an increase in funding for such projects would have on other projects and where the funding would come from. Cr. Wallner asked for a reallocation of funding for bike and pedestrian improvements. He asked about the funding of a signal at Bozeman High School. Mayor Andrus asked about the Bridger Creek stabilization project. She asked about the snow storage drainage project. 10:14:01 PM (03:55:12)Staff presentation continued Directors Donald and Reister presented the Stormwater Fund revenues, financial summary, and project highlights. 10:18:02 PM (03:59:12)Questions of staff Cr. Madgic asked about rate increases. Cr. Pomeroy asked revenue estimates. Mayor Andrus asked a specific new project. 82 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 10 of 11 10:24:29 PM (04:05:40)Staff presentation continued Directors Donald and Reister presented the Arterial & Collector and Street Impact Fee Funds overview, revenue, financial summaries, shared funding projects, and project highlights. 10:30:54 PM (04:12:04)Meeting extended Mayor Andrus extended the meeting until 11 PM. 10:31:03 PM (04:12:13)Staff Presentation continued Director Reister presented the Impact Fee Advisory Committees recommendations on the plan and a map of planned projects. 10:35:35 PM (04:16:45)Questions of staff DM Cunningham asked potential future projects around Cottonwood Road. Mayor Andrus asked about a specific unscheduled project. 10:39:44 PM (04:20:54)Staff Presentation Director Donald highlighted the location of the full CIP on the City’s website. 10:40:23 PM (04:21:34)Public Comment Mayor Andrus opened public comments. 10:42:09 PM (04:23:19)Marilee Brown, Public Comment Ms. Brown from Safer Bozeman and Gal10 Alliance Pathways commented on a lack of stand-alone pedestrian and bike pathways.She commented on the lack of additional funding. 10:45:20 PM (04:26:30)Betty Stroock, Public Comment Ms. Strook commented on the need for additional funding for paths and bikes, and her desire to see better coordination between departments related to pathways. 10:49:41 PM (04:30:51)Response of Staff CM Mihelich responded to public comments. 5.10:51:24 PM (04:32:34)Appointments to the Design Review Board (Maas) 10:51:34 PM (04:32:45)Public Comments There were no public comments Motion and Vote to appoint one member, Erin Eisner,to the Design Review Board, non-professional position, and one member, Troy Scheerer,to the Landscape Architect or Design position, both terms expiring June 30, 2022.The motion passed 5-0. 83 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 11 of 11 Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve J.10:54:31 PM (04:35:41)FYI/Discussion CM Mihelich responded to public comments related to the Peach Street and Rouse Avenue intersection. K.10:56:37 PM (04:37:48)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 84 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 17, 2020 DUE TO TECHNICAL ISSUES AUDIO AND VIDEO RECORDING BEGIN DURING ITEM G Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A.06:00:04 PM Call to Order –6:00 PM – Webex Videoconference B.06:04:04 PM Pledge of Allegiance and a Moment of Silence C.06:04:46 PM Changes to the Agenda There were no changes. D.06:04:54 PM FYI DM Cunningham highlighted the status of the COVID-19 pandemic in the community and appealed to business leaders to adhere to the new restrictions even in the face of economic difficulties. Mayor Andrus announced the Health Officer’s request for collaboration in an effort to communicate with younger community members. She noted the new restrictions issued from the Governor. CM Mihelich highlighted the online availability of City services. He reminded businesses of the availability of masks and PPE. He announced the Police Chief Recruitment community feedback session via WebEx for November 18 at 6 PM. He announced the City’s acceptance to the Governmental Alliance for Racial Equity (GARE). 85 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 2 of 9 E.06:13:20 PM Commission Disclosures F.06:13:27 PM Consent 1.Accounts Payable Claims Review and Approval (Yeykal) 2.Approve the Final Plat of Icon at Ferguson Farm Subdivision, Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, and the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20027 (Jacob Miller) 3.Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. for Sidewalk Snow Removal (Phillips) 4.Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project (Murray) 06:13:31 PM City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 06:14:13 PM Public Comment There were no public comments. 06:16:35 PM Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve G.06:17:00 PM Public Comment Mayor Andrus opened public comment. 06:19:10 PM Recess Mayor Andrus called the meeting into recess due to technology issues. 06:26:37 PM (00:00:40)Call to order Mayor Andrus called the meeting back to order. 86 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 3 of 9 06:27:25 PM (00:01:28)Emily Talago, Public Comment Ms. Talago thanked City staff for engaging in the Equity and Inclusion Plan and to congratulate the City on acceptance to GARE. She commented on the quality of the Climate Plan. 06:29:25 PM (00:03:28)Jerry Pape, Public Comment Mr. Pape commented on the status of the pandemic and the need for masks. He advocated for an Ordinance to enforce mask wearing. He encouraged the City to follow through with Unified Development Code (UDC)changes to match the changes enacted by the Growth Policy to address housing needs in Bozeman. 06:32:29 PM (00:06:32)Ryan Krueger, Public Comment Mr. Krueger with Intrinsik Architecture commented on behalf of their client 414 Holdings regarding the written comments submitted about property at 1811 W. Koch St. 06:35:02 PM (00:09:05)Loreene Reid, Public Comment Ms. Reid commented on the City’s Equity and Inclusion Plan and her experience with residents with disabilities and developmentally disabilities. She requested additional consideration of these individuals in the plan. H.06:37:39 PM (00:11:42)Action Items 1.06:37:43 PM (00:11:46)Resolution 5133, Adopting a Growth Policy for the City of Bozeman Establishing Development Policies and a Future Land Use Map, the Growth Policy Applies to the Entire City and Looks Outwards to Include Property Within the Planning Area, Application 16521 (Saunders) 06:38:56 PM (00:12:59)Staff Presentation CM Mihelich, Community Development Manager Chris Saunders,and Planner Tom Rogers presented the questions for the Commission, a summary of the document, its role as the foundation of policy, links to other plans, the changes in this draft as a result of the October 20 meeting, a summary of public comments, the recommendation of staff, and the requests of the Commission. 06:47:24 PM (00:21:27)Questions of Staff Cr. Wallner supports staff decision on remaining issues. Cr. Madgic asked for clarification on the concept of integrated housing principle and if a definition is needed in the document.She asked for clarification on the Maker Space Mixed Use designation. Cr. Pomeroy asked for clarification on “missing middle housing.” She asked about the applicability of the growth policy in future land use decisions. DM Cunningham asked for clarification on Maker Space Mixed Use Future Land Use Map (FLUM) designation and its correlated land uses. He asked about a public comment related to the FLUM. Mayor Andrus stated her agreement with the addition of the missing middle housing graphic and the 87 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 4 of 9 proposed change for 1811 W. Koch St. as requested. Cr. Pomeroy asked how the Growth Policy can support urban agricultural land, open space, and affordable housing. DM Cunningham asked about the FLUM designations related to the proposed Pole Yard Urban Renewal District and correlated land uses that potentially conflict with institutional controls by Environmental Protection Agency and Montana Department of Environmental Quality. He asked about the strategies for managing growth contained by the growth policy. He supported the staff recommended additions. Mayor Andrus asked about the staff suggestions on where the Maker Space Mixed Use designation on the FLUM would be appropriate. Cr. Wallner asked about additions to the recommended motion. 07:15:09 PM (00:49:12)Public Comment Mayor Andrus opened public comment. 07:17:15 PM (00:51:18)Jerry Pape, Public Comment Mr. Pape commented in favor of the Maker Space Mixed Use concept. He commented on the Growth Policy’s metrics and the need for the plan to be able to modify itself. He commented on the effect of the Growth Policy on the UDC. He commented on the need for missing middle housing. 07:21:05 PM (00:55:08)Mark Egge, Public Comment Mr. Egge commented on the emphasis of mixed use development as the best aspect of the plan. He commented on the shortcoming of the plan only envisioning mixed use in a few neighborhoods. He commented on existing zoning’s exclusionary nature. He commented on the need for UDC follow-up. 07:24:34 PM (00:58:37)Loreene Reid, Public Comment Ms. Reid commented on staff’s efforts on the growth policy. She agreed with the previous public comment on issues with the UDC. 07:26:56 PM (01:00:59)Motion having reviewed and considered the Bozeman Community Plan 2020, application materials, and all the information presented, as well as including the graphic for missing middle housing, and having reviewed and evaluated all submitted public comment, I hereby move to adopt the findings presented in the staff report and to approve Resolution 5133, adopting the Bozeman Community Plan 2020, including the 1811 W. Koch St. housekeeping matter, maker space addition, and the Hap Happel language suggestion. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd 07:28:59 PM (01:03:02)Discussion Cr. Wallner stated he could not support a Growth Policy that did not address the concerns of his two different sets of constituents, the Bozeman Development Consortium and citizens concerned with preserving neighborhood character. He stated the need for an internal review of the plans and their 88 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 5 of 9 overlap in the Community Development Department. Cr. Madgic will support the motion. She recommended updates to the UDC in accordance with the Growth Policy. She noted the concerns with why Bozeman should grow and the need to increase urbanization in the cities of Montana to better preserve what makes Montana special. She commented on the benefits of a focus on mixed neighborhoods and multimodal transportation. She commented on the way to produce food within the urban landscape. She noted the effort to create diverse housing within neighborhoods. Cr. Pomeroy agreed with Cr. Madgic. She commented on public comments on related to mixed use, the need to update the UDC, zoning, infrastructure, and protection of wildlife. She commented on the need for missing middle housing, mixed use development, and the Growth Policy’s encouragement of urban agricultural land and open spaces. She stated the City cannot control its growth but that this policy helps manage it wisely. She stated she would support the motion. DM Cunningham 07:42:03 PM (01:16:06)Amendment to the Motion to adjust the FLUM for the parcel near Goldenstein and 19th from Industrial to Urban neighborhood designation. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 07:42:29 PM (01:16:32)Discussion on the Amendment DM Cunningham supported his motion by stating the area is ripe for mixed use development and would protect it from being accepted as industrial. He stated this places the onus on an applicant for a best use. Cr. Wallner asked for clarification on which parcel and whether it effects Blackwood Groves. He stated he would support the motion as consistent with development in the area. Cr. Madgic stated the Plan discourages large areas of single designation and her concerns with residential sprawl in the area. Cr. Pomeroy will not support because the City does not have many industrial lands. Mayor Andrus will support the motion as more compatible with current development as well as putting the onus on an applicant for alternate development. 07:49:29 PM (01:23:32)Staff Clarification Manager Saunders highlighted changes to the parcel in question on the FLUM as a result of the October 20 meeting. 07:51:05 PM (01:25:08)Amendment withdrawn 07:51:26 PM (01:25:29)Discussion on original motion continued DM Cunningham commented on the need to plan for future growth in the valley. He listed the goals he wanted to see achieved by a Growth Policy. He noted the section on implementation. He commented on the housing shortage in Bozeman, the need to view the City within the context of the Greater 89 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 6 of 9 Yellowstone Ecosystem, and the need for cooperative development with Gallatin County. Mayor Andrus stated her belief that this Growth Policy does provide something for everyone. She stated a brief synopsis of the diverse comments that were received on the Growth Policy. She commented on the need for the UDC updates to implement the components of this plan. 08:04:30 PM (01:38:33)Vote on the Motion having reviewed and considered the Bozeman Community Plan 2020, application materials, and all the information presented,as well as including the graphic for missing middle housing,and having reviewed and evaluated all submitted public comment, I hereby move to adopt the findings presented in the staff report and to approve Resolution 5133, adopting the Bozeman Community Plan 2020, including the 1811 W. Koch St. housekeeping matter, maker space addition, and the Hap Happel language suggestion.The motion passed 4-1. Deputy Mayor -Terry Cunningham: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Disapprove Commissioner -Jennifer Madgic: Approve 08:04:57 PM (01:39:00)Recess Mayor Andrus called the meeting into recess. 08:10:17 PM (01:44:20)Call to Order Mayor Andrus called the meeting back to order. I.08:10:23 PM (01:44:26)Work Session 1.Bozeman Climate Plan Work Session 2 (Henderson) 08:10:37 PM (01:44:40)Staff Presentation CM Mihelich, Sustainability Program Manager Natalie Meyer, and Strategic Services Director Jon Henderson presented the work completed since the previous work session. They presented the key questions for the Commission, the next steps, a review of the quantitative goals, resiliency goals, a quantitative analysis of impact mitigation solutions through the planning horizon of 2050, the cost of inaction, other cities aiming for meeting the Paris Agreement goals, a summary of the results of the community survey, an overview of the public engagement since the last presentation to the Commission, a summary of public comments, and proposed revisions. 08:35:06 PM (02:09:09)Questions of Staff Cr. Madgic asked about distribution of the community survey. 90 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 7 of 9 Cr. Pomeroy asked about difficulties with the community survey due to the pandemic. She asked about how much of the Climate Plan depends on Northwestern Energy. She asked about the importance of limiting sprawl. She asked about the role of transportation in the plan. DM Cunningham asked for clarification on the Electric Vehicle (EV) Roadmap and EV group buys. He stated his concerns with the lack of specificity of actions outlined in strategies sections. He asked for clarification on the term “community choice aggregation.” Cr. Wallner asked for staff’s recommendation on the carbon intensity metric. He asked if Northwestern Energy’s planning will prevent the City from meeting its goals. He asked about regular interval monitoring of goals. Mayor Andrus asked about incorporating this plan with the Strategic Plan and metrics for progress. She asked about format to make the plan more accessible in a non-digital format. Cr. Pomeroy asked for clarification on the importance of local food production. DM Cunningham asked about the challenges with net zero building construction. He asked about the commitments of the City as a leader in meeting the plan’s goals. He asked about a response to public comment on requiring environmental assessments and exclusive electric service supply. Cr. Wallner asked about the accuracy of the quantitative analysis. He asked about the City’s ability to be an advocate for climate action. He asked for additional information on energy storage capabilities. Mayor Andrus asked about the City’s ability to address climate impacts similarly to how it does with fiscal impacts. Cr. Pomeroy asked about the interaction of Northwestern Energy’s goals with the City’s goals. Cr. Wallner asked about the status of Northwestern Energy as a partner in the Climate Action Plan. He asked about how much to focus on local building codes to meet the City’s goals. He stated his concerns on transportation emissions and asked how to incentivize reductions. He asked for the quantified costs of the Climate Plan. 09:30:06 PM (03:04:09)Public Comment Mayor Andrus opened public comments. 09:32:04 PM (03:06:07)Marilee Brown, Public Comment Ms. Brown from Galla10 Alliance for Pathways and Safer Bozeman commented on the Climate Plan’s request to reduce parking requirements without increasing funding for multimodal transportation. 09:34:43 PM (03:08:46)Will Swearingen, Public Comment Mr. Swearingen commented on his support for staff’s recommended revisions. He commented on the lack of concrete steps, interim benchmarks and timelines to meet its goals. He commented on the need for a requirement for revision every two years not merely a recommendation. 09:37:11 PM (03:11:14)Jennifer Swearingen, Public Comment Ms. Swearingen commented on the Northwestern Energy resource plan and asked that the plan reflect that the utility’s plan will not allow the City to meet its goals. She asked that all references to carbon intensity be removed from the plan. She stated her concern with the quantitative analysis’s basis on Northwestern Energy’s carbon intensity. 91 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 8 of 9 09:40:22 PM (03:14:25)Steve Nash, Public Comment Mr. Nash commentedon the Future Land Use Map. 09:44:35 PM (03:18:37)Seth Kane, Public Comment Mr. Kane commented on the ability of the City to sequester carbon through resources it already controls. He commented on the ability to reduce emissions through generating renewable energy through these carbon sequestration efforts. 09:47:02 PM (03:21:05)Emma Bode, Public Comment Ms. Bode commented on the City’s efforts drafting the Climate Plan. She commented on the need for a timeline of actions to create measurable goals in between larger goal evaluations. 09:49:35 PM (03:23:38)Meeting Extended Mayor Andrus extended the meeting until 10:15 PM. 09:49:47 PM (03:23:50)Commission Comments and Direction to Staff Cr. Pomeroy stated she would like to see encouragement of local food and to help HRDC for transportation. She agreed with staff’s recommendations. DM Cunningham provided his proposed amendments. Cr. Wallner stated he would support DM Cunningham’s proposals. He provided his proposed amendments. Mayor Andrus provided her proposed amendments. J.10:13:21 PM (03:47:24)FYI/Discussion CM Mihelich responded to public comment on the Equity and Inclusion Report. Mayor Andrus noted the Community Forum for input on hiring the new Police Chief. K.10:15:12 PM (03:49:15)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ 92 Bozeman City Commission Meeting Minutes, November 17, 2020 Page 9 of 9 Mike Maas City Clerk Approved on: March 23, 2021 93 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 10, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:16 PM (00:50:32)Call to Order –6:00 PM – Webex Videoconference B.06:04:20 PM (00:54:36)Pledge of Allegiance and a Moment of Silence C.06:04:56 PM (00:55:12)Changes to the Agenda There were no changes to the agenda. D.06:05:12 PM (00:55:27)FYI Cr. Pomeroy provided an update from the City-County Board of Health meeting from November 6. DM Cunningham provided a statement related to theBoard of Health’s meetings and comments from the Health Officer Matt Kelley. He highlighted the Veterans Day services at Sunset Hills Cemetery on November 11, at 11 AM. Mayor Andrus stated Bozeman Health is providing free health care services on Saturday, November 14, between 9 AM and 1 PM at the Gallatin County Regional Park. She requested the City Manager to direct all Advisory Boards to only meet virtually until further notice. CM Mihelich highlighted four members from the Fire Department with their professional credentials from the Center for Public Safety Excellence, Capt. Jared Ridgeway, Training Officer Nate Bashkirew, Fire Inspector Dave Hartman, and Engineer Gary O’Brien. He announced the 94 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 2 of 14 American Waterworks Association bestowed an honor on Water and Sewer Superintendent John Alston for his service in the United States Air Force. He stated the options for City services online to avoid in-person interactions to limit exposures. He noted changes at the Bozeman Public Library starting on November 13 returning to curbside services only. E.06:14:18 PM (01:04:34)Commission Disclosures There were no disclosures. F.06:14:30 PM (01:04:46)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (Donald) 2.Approve the Depository Bonds and Pledged Securities as of September 30, 2020 (Clark) 3.Authorize the City Manager to Sign a Trail Corridor Easement, Utility Easement, Public Street and Utility Easement, and a Drainage and Detention Pond Easement with North Park Development Partners, LLC for the North Park Project (17406)(Nielsen) 4.Authorize the City Manager to Sign a Public Street and Utility Easement with Bozeman Haus LLC for the Gran Cielo project (20362)(Nielsen) 5.Authorize the City Manager to Sign a Public Street and Utility Easement with Hyalite Village Investors, LLC for the Gran Cielo Project (20362)(Nielsen) 6.Authorize the City Manager to Sign a Public Utility Easement with Dallas Financial LLC for the Westland Lofts Site Plan Project (20189)(Nielsen) 7.Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman Apartment Group Phase II for the Bozeman Icon Apartments Phase II Project (20034)(Lehigh) 8.Authorize the Honorable Karl P. Seel to Sign a Professional Service Agreement with Diana Proem CTRS, Bigger Picture RT, LLC, dba Your Adventure RX (Renee Boundy) 9.Authorize the City Manager to Sign an Agreement for Reimbursement for the Cottonwood Subdivision Water Main Extension (Lehigh) 10.Authorize the City Manager to Sign a Memorandum of Agreement with the Montana Department of Transportation for Maintenance of Urban Highway System Routes in City Limits (Kohtz) 11.Ratify the City Manager's Signature on a Master Services Agreement with MCCi, LLC for Laserfiche Avante Upgrade (Maas) 12.Authorize the City Manager to Sign an Amendment with SAFEbuilt, LLC Adding Third Party Fire Protection Plan Review Services (Waldo) 13.Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Sanderson Stewart for the Griffin Drive Reconstruction Project to Include Additional Surveying Related to a Gas Main (Lonsdale) 14.Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement for the 2018-2021 Materials Testing Contract with Morrison-Maierle, Inc. for the Purpose of 95 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 3 of 14 Obtaining Materials Testing on Various City Projects for the Remainder of the Construction Season (Gamradt) 15.Ordinance 2056, Final Adoption Establishing a Municipal Percent for Art Program (Mihelich)  06:14:34 PM (01:04:50)City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 06:15:16 PM (01:05:32)Public Comment There were no public comments. 06:19:02 PM (01:09:18)Motion and Vote to approve Consent Items 1-15 as submitted. The motion passed 5-0. Commissioner -Michael Wallner: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve G.06:19:52 PM (01:10:08)Public Comment Mayor Andrus opened public comment. 06:22:47 PM (01:13:03)Jerry Pape, Public Comment Mr. Pape commented on the City’s efforts on COVID-19 and the social contract. He commented on unintended consequences that may occur related to the Urban Renewal District, specifically the railroad spur. He commented on the possible effects on the building industry and housing. 06:26:24 PM (01:16:40)Emily Talago, Public Comment Ms. Talago commented on concerns for citizens that utilize the library for internet service. 06:28:11 PM (01:18:27)Justice Geddes, Public Comment Mr. Geddes commented on the quarterly report of the Inclusive City Report and that the progress does not go as far as hoped. He noted specifically the updates to the use of force policy. He stated his concern with the guiding documents utilized by the Police Department 06:32:27 PM (01:22:43)Sherry Staub, Public Comment Ms. Staub commented that she had missed the special meetings on Saturday and Monday. She asked what they were about. She agreed about the harshness of the public comment timer. 96 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 4 of 14 06:33:43 PM (01:23:59)Tom Simkins, Public Comment Mr. Simkins commented on the Pole Yard Urban Renewal District and the importance of the rail spur to Simkins-Hallin and Empire Building materials. He stated that they have no other place to relocate their business. He commented on the need to protect jobs and the need for a buffer to limit conflicts related to the rail spur. 06:35:30 PM (01:25:46)Emma Bode, Public Comment Ms.Bode commented on the first quarterly report on the Inclusive City Report about the need for a third party review. She commented that the progress was made behind closed doors and without external review. She commented on the role of the new Chief of Police and to seek the input of the community. She commented on the vagueness of the language within the report. H.06:39:25 PM (01:29:41)Special Presentation 1.Special Presentation for the First Quarterly Report on Progress Made on the Bozeman as an Inclusive City Report (Mihelich) CM Mihelich presented the Strategic Plan’s Vision Statement 3, the progress of the action items from the report, the application to the Government Alliance on Racial Equity (GARE), future steps for the Equity and Inclusion Plan, the Request for Proposals (RFP) for Equity Indicators and Gaps Analysis, early engagement of stakeholders, the update of policies in the Bozeman Police Department, City-wide training programs for staff and elected officials, the acceleration of body worn cameras for the Police Department, additional actions in progress, actions that are not yet started, and what’s next for the City. 06:48:32 PM (01:38:48)Questions of Staff Mayor Andrus asked about specific public comments and if there are any responses to them. DM Cunningham asked about GARE’s practical benefits.He asked about the selection of national best practices from the International Associations of Chiefs of Police (IACP). He asked about the gaps analysis and what is hoped to be achieved. He asked about additional outside funding sources for services and trainings. Cr. Wallner asked about the role of the Task Force to Advance the Status and Safety of All Woman and Girls in the City’s process. He asked about the use of force policy; specifically, he asked about the last officer involved shooting. Mayor Andrus asked about the impact of new policies and training on the Police Department. DM Cunningham commented on systemic racism in America and the requirements to address it. Cr. Madgic agreed with DM Cunningham. I.07:11:30 PM (02:01:46)Action Items 1.07:12:06 PM (02:02:22)Resolution 5217, Creation of Special Improvement Lighting District 761, Bridger Vale Subdivision (Donald) 97 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 5 of 14 07:12:15 PM (02:02:31)Staff Presentation Finance Director Kristin Donald presented the fixtures to be installed, the map of the proposed district, and the lighting assessments. 07:13:01 PM (02:03:17)Questions of Staff DM Cunningham asked about Dark Sky compliance. 07:14:23 PM (02:04:39)Public Comment Mayor Andrus opened public comment. 07:18:48 PM (02:09:04)Motion and Vote to Adopt Commission Resolution No. 5217 / Creation of Special Improvement Lighting District #761, Bridger Vale.The motion passed 5-0. Commissioner -Jennifer Madgic: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 2.07:20:38 PM (02:10:54)1811 West Koch Street Zone Map Amendment, Amendment of the City Zoning Map from R-3 to R-O on 0.69 acre, Application 20102 (Saunders) 07:21:06 PM (02:11:22)Staff Presentation Planner Tom Rogers entered the staff report and application for the record. He presented the current conditions, the existing zoning, the proposed change, correlated zoning with land use categories, the zoning criteria and evaluation, the lack of public comment, and the Zoning Commission recommended approval. 07:25:04 PM (02:15:20)Questions of the Staff Cr. Pomeroy asked about spot zoning. She asked why change the zoning without a development application. DM Cunningham asked why zoning was not previously adjusted to conform to current use. 07:29:17 PM (02:19:33)Applicant Presentation Ryan Krueger from Intrinsik Architecture on behalf of the property owner and applicant presented the current property and reasons for the zoning change. 07:37:45 PM (02:28:01)Questions of Applicant 98 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 6 of 14 Cr. Madgic asked for clarification on the applicant’s reference to the Planning Board and Zoning Commission. 07:40:17 PM (02:30:33)Public Comment There were no public comments. 07:43:40 PM (02:33:55)Motion Having reviewed and considered the staff report, application materials, public comment, Zoning Commission recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 20-102 and move to approve of the 1811 West Koch Street Zone Map Amendment, with contingencies required to complete the application processing and direct staff to bring back an implementing ordinance. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Terry Cunningham: 2nd 07:44:34 PM (02:34:50)Discussion 07:47:41 PM (02:37:57)Motion and Vote Having reviewed and considered the staff report, application materials, public comment, Zoning Commission recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 20-102 and move to approve of the 1811 West Koch Street Zone Map Amendment, with contingencies required to complete the application processing and direct staff to bring back an implementing ordinance.The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 07:48:08 PM (02:38:24)Recess Mayor Andrus called the meeting into recess until 8 PM. 08:00:34 PM (02:50:49)Call to order Mayor Andrus called the meeting back to order. 3.08:00:39 PM (02:50:55)Annexation 20184, for the Bridger Veterinary Specialty Hospital, Located at the SE Corner of the Intersection of Campbell Road and Reeves Road East, Requesting Annexation of 2.0099 Acres Along with Adjacent Rights-of-ways, and Amendment 20184 of the City Zoning Map for the Establishment of a Zoning Designation of B-2, 99 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 7 of 14 “Community Business District”(Rogers) 08:01:05 PM (02:51:21)Staff Presentation Planner Rogers entered the staff report and application into the record. He presented the subject property, the annexation history in the area, the review of annexation goals and policies, the proposed zoning, the zoning criteria of evaluation, the correlated land use, the recommendations of the Development Review Committee and Zoning Committee. 08:11:53 PM (03:02:09)Questions of Staff DM Cunningham asked about the status of a contract for services. He asked about public comment from the property owner to the north. He asked about adjacent shared-use path. Mayor Andrus asked for clarification on the contract for services. 08:25:01 PM (03:15:17)Applicant Presentation Ben Elias with Bechtle Architects was available for questions. 08:27:02 PM (03:17:18)Questions of Applicant There were no questions. 08:27:29 PM (03:17:45)Public Comment Mayor Andrus opened public comment. 08:30:08 PM (03:20:23)Marilee Brown, Public Comment Ms. Brown commented on behalf of the Pedestrian Traffic and Safety Committee commented their concerns of a different standard than the prior annexation of Nelson Meadows to the west impacting a future pathway project. 08:35:48 PM (03:26:04)Clarification of Staff Planner Rogers responded to public comment. 08:38:32 PM (03:28:48)Questions of Staff continued 08:40:45 PM (03:31:01)Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20184 and move to approve the ‘Bridger Veterinary Specialty Hospital’ Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd 100 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 8 of 14 08:41:26 PM (03:31:42)Discussion DM Cunningham summarized the city’s goals and policies for annexation and how this applies to the application. Cr. Wallner stated he does not typically support annexation, either voluntary or forced. He will not support the motion. Cr. Pomeroy will support as the application is in accordance with the growth policy land use map. Mayor Andrus will support the voluntary annexation. 08:45:22 PM (03:35:38)Motion and Vote Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20184 and move to approve the ‘Bridger Veterinary Specialty Hospital’ Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties.The motion passed 4-1. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Disapprove Commissioner - Jennifer Madgic: Approve 08:45:49 PM (03:36:05)Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20184 and move to approve the ‘Bridger Veterinary Specialty Hospital’ Zone Map Amendment, with contingencies required to complete the application processing. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 08:46:19 PM (03:36:35)Discussion 08:49:30 PM (03:39:46)Motion and Vote Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20184 and move to approve the ‘Bridger Veterinary Specialty Hospital’ Zone Map Amendment, with contingencies required to complete the application processing.The motion passed 5-0. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve 101 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 9 of 14 Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 4.08:49:51 PM (03:40:07)Ordinance 2055, Provisional Adoption to Create the Pole Yard Urban Renewal District and Adopting the Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision Pursuant to Title 7, Chapter 15, Parts 42 and 43 of the Montana Code Annotated, and Adding Section 2.05.1860, BMC, Regarding the Pole Yard Urban Renewal Board and Section 2.06.1360, BMC, Regarding the Pole Yard Urban Renewal District (Fontenot) 08:55:02 PM (03:45:18)Recess Mayor Andrus called the meeting into recess due to technical issues. 09:10:12 PM (04:00:27)Call to Order Mayor Andrus called the meeting back to order. 09:10:45 PM (04:01:01)Staff Presentation CM Mihelich and Economic Development Director Brit Fontenot presented the questions for Commission consideration, ties to the Strategic Plan, the proximity of the proposed Urban Renewal District (URD), the goals for the Pole Yard URD Plan, other URDs in the City, maps of the proposed Pole Yard URD and existing zoning, public noticing and outreach, and the City’s resource web page. 09:22:50 PM (04:13:06)Mayor Clarification Mayor Andrus clarified the scope of the matter before the Commission. 09:25:06 PM (04:15:22)Questions of Staff DM Cunningham asked why the Ordinance does not speak to the contamination and if the objectives are solely economic development. He asked at what point in the process are funding uses determined and prioritized. He asked limitations of self-governing powers and property development overview. He asked about the County Commissions letter objecting to Tax Increment Financing. Mayor Andrus asked if the City is obligated to remediation by creating the district. She asked about the URD’s contained zoning and correlation to growth policy Future Land Use designation. She asked about the process for any changes to land use.She asked about consideration of the railroad as highlighted by public comments. Cr. Wallner asked the ability to limit development related to the Idaho Pole property. DM Cunningham asked about the City-County Board of Health’s comments to slow progress until more information is known about the site. Cr. Madgic asked about requirements for development in the absence of the district. 09:53:56 PM (04:44:12)Public Comment 102 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 10 of 14 Mayor Andrus opened public comment. 09:55:20 PM (04:45:36)Meeting extended Mayor Andrus extended the meeting until 10:15 PM. 09:56:44 PM (04:47:00)Ashley Ogle, Public Comment Ms. Ogle commented on behalf of Kenyon Noble Lumber Company that this is the appropriate time to discuss not creating the URD. She commented on the focus of the Idaho Pole Yard site. She asked why there would be any potential for taxpayers of Bozeman to pay for remediation on site. She commented on other neighborhood considerations. She requested rejection of the URD. 09:59:54 PM (04:50:10)Susan Swimley, Public Comment Ms. Swimley commented on behalf of Kenyon Noble in opposition to the Ordinance. She commented on the goal to protect existing businesses and increase them in the URD plan. She commented that additional traffic will jeopardize industrial businesses. She commented on the impact on staff workloads by encouraging additional development. 10:04:01 PM (04:54:17)Christopher Nixon, Public Comment Mr. Nixon read the comments of Sacagawea Audubon Society’s written comments into the record. 10:07:46 PM (04:58:02)Chandler Dayton, Public Comment Ms. Dayton commented the need to slow down and revisit the URD Plan for consideration of the health effects highlighted by the City-County Board of Health. 10:11:17 PM (05:01:32)Forrest Rowland, Public Comment Mr. Rowland commented as a member of the Board of Directors of Sacagawea Audubon Society that the URD would be hazardous to wetlands and greenspace. 10:13:37 PM (05:03:53)Meeting Extended Mayor Andrus extended the meeting until 10:30 PM. 10:13:43 PM (05:03:58)Stephan Custer, Public Comment Mr. Custer commentedon behalf of the Sub-committee of Environmental Health of the City-County Board of Health expressing concerns of liability and the desire to have a memorandum of understanding between the City and the EPA. He stated the desire to slow down the process to implement restrictions on uses to protect health and safety. 10:15:59 PM (05:06:15)Emily Talago, Public Comment Ms. Talago commented on the dangers of URD and TIF financing. She commented on the lack of transparency by the City’s interactions with a potential developer. She opposed the Ordinance. 10:19:35 PM (05:09:51)Anthony Tangaro, Public Comment 103 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 11 of 14 Mr. Tangaro commented as the General Manager of Empire Building Materials that there is a potential developer for the area. He commented on a lack of transparency. 10:21:26 PM (05:11:42)Clarification of Staff 10:22:41 PM (05:12:57)Motion to provisionally adopt Ordinance No. 2055 making legislative findings that create the Pole Yard Urban Renewal District and adopting the Pole Yard Urban Renewal District Plan, in order to provide long term economic stability and managed growth through planning and development of public infrastructure, and that doing so is in the best interest of the City and direct staff to return with Ordinance 2055 on the Commission's consent agenda on November 24, 2020 for the second reading. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd 10:23:44 PM (05:14:00)Discussion Cr. Wallner stated the URD Plan is in conformance with the City’s plans. He agrees with staff’s findings and will support the motion. 10:28:38 PM (05:18:53)Meeting Extended Mayor Andrus extended the meeting until 10:45 PM. 10:28:45 PM (05:19:01)Discussion continued Cr. Madgic will support the motion and agreed with public comments about concerns and questions in the area. She clarified her decision is based on the matter before the Commission tonight and not development review. Cr. Pomeroy stated she would like to see more testing and will not support the motion. DM Cunningham commented that the goals are exclusively economic development goals. He stated that the goals are insufficient and incomplete and the Ordinance is inadequate as written. He stated his goal is to get answers to public health questions. Mayor Andrus stated her consideration of past practices in creating previous URDs should apply to this decision. She agreed with Cr. Madgic on the need to compartmentalize the creation of a URD separate from development considerations. She acknowledged challenges and concerns but the matter before the Commission is the creation of tools that will help this area if there is future development. She noted the opportunity to address concerns for businesses, the environment, including wetlands, and transportation. She expressed her fear that the property may remain fallow and contain environmental concerns that may never be addressed without this action. She will support the motion as meeting the criteria. 10:41:01 PM (05:31:16)Amendment to the Motion to incorporate goals related to public health and the protection of existing businesses into the Ordinance. 104 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 12 of 14 Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 10:41:20 PM (05:31:36)Discussion on the amendment 10:44:20 PM (05:34:36)Vote on the Amendment to the Motion to incorporate goals related to public health and the protection of existing businesses into the Ordinance. The amendment passed 4-1. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 10:46:25 PM (05:36:41)Meeting extended Mayor Andrus extended the meeting until 11 PM. 10:46:33 PM (05:36:49)Amendment to the Motion adding environmental protections, specifically for wetlands and riparian areas, to Ordinance 2055. 10:46:49 PM (05:37:05)Discussion 10:48:08 PM (05:38:24)Vote on the Amendment to the Motion adding environmental protections, specifically for wetlands and riparian areas, to Ordinance 2055.The amendment passed 4-1. Commissioner - Jennifer Madgic: Motion Deputy Mayor - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 10:48:41 PM (05:38:57)Vote on the Motion as Amended to provisionally adopt Ordinance No. 2055 making legislative findings that create the Pole Yard Urban Renewal District and adopting the Pole Yard Urban Renewal District Plan with the incorporated goals of protecting public health, protecting existing businesses, and environmental protections specifically for wetlands and riparian areas, in order to provide long term economic stability and managed growth through planning and development of public infrastructure, and that doing so is in the best interest of the City and direct staff to return with Ordinance 2055, as amended, on the Commission's consent agenda on November 24, 2020 for the 105 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 13 of 14 second reading.The motion passed 4-1. Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Disapprove Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 5.10:50:14 PM (05:40:30)Appointment to the Library Board of Trustees (Maas) 10:50:22 PM (05:40:38)Public Comment There were no public comments. 10:52:10 PM (05:42:26)Motion and Vote to appoint Stewart Mohr to the Library Board of Trustees with a term ending June 30, 2025.The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 6.10:53:22 PM (05:43:37)Appointment to Audit Committee (Maas) 10:53:29 PM (05:43:45)Public Comment There were no public comments. 10:55:05 PM (05:45:21)Motion and Vote to appoint Linda Gabel to the Audit Committee, Citizen position, with a term ending March 1, 2022.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 106 Bozeman City Commission Meeting Minutes, November 10, 2020 Page 14 of 14 J.10:55:41 PM (05:45:56)FYI/Discussion Mayor Andrus commented on the use of the timer for public comments. K.10:57:00 PM (05:47:16)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 107 Page 1 of 4 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Monday, November 09, 2020 Mayor -Cynthia Andrus: Present Deputy Mayor -Terry Cunningham: Present Commissioner -I-Ho Pomeroy: Present Commissioner -Michael Wallner: Present Commissioner -Jennifer Madgic: Present Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas Delegation Present in the Webex:Senator-elect Chris Pope, Senator Pat Flowers, Senator JP Pomnichowski, Representative Jim Hamilton, and Representative-elect Ed Stafman A.06:00:34 PM (00:55:13)Call to Order –6:00 PM –Webex Videoconference B.06:04:20 PM (00:58:59)Pledge of Allegiance and a Moment of Silence C.06:05:13 PM (00:59:53)Public Comment There were no public comments. D.06:09:12 PM (01:03:52)Work Session 1.Commission-Delegation Special Meeting (Veselik) 06:09:28 PM (01:04:08)Introductions The Commission, staff, delegation, and the City’s lobbyists John MacDonald and SK Rossi introduced themselves. 06:17:58 PM (01:12:37)Priorities Overview 108 Bozeman City Commission Special Meeting Minutes, November 9, 2020 Page 2 of 4 Mayor Andrus provided an overview of the process developing the City’s legislative priorities. 06:20:10 PM (01:14:50)Staff Presentation CM Mihelich presented the City’s top priorities, preferred policies, issues of interest, legislative agendas to endorse and other legislative information. 06:24:46 PM (01:19:26)Delegation Comments Mayor Andrus opened the discussion to the delegation’s interests Sen. Pomnichowski stated the potential form of the session given the COVID-19 pandemic and her opinion on the opportunities for the session. Sen. Pope stated the efforts to identify working coalitions and other communities to partner with. Rep. Hamilton stated his opinion that affordable housing is the most likely for statewide support and should be a focus of efforts. He gave an overview of past efforts and his ideas for where to begin with the priorities. Sen. Flowers stated his opinion that tax relief is a likely issue with support. Rep. Stafman stated his optimism for net metering based upon past efforts and the potential for property tax relief. Lobbyist MacDonald agreed with Sen. Pomnichowski’s view on the opportunities for the session and stated the efforts to work with the Montana League and other cities to form a coalition. Lobbyist Rossi added the more collaboration prior to the session the better. Mayor Andrus asked about other strategies and how the City can work with the delegation to advance the priorities. 06:38:22 PM (01:33:01)Discussion Rep. Hamilton stated the need for communication. Sen. Pomnichowski stated her opinion that starting efforts earlier are better. Sen. Pope stated his opinion that the session will focus on free markets, economics, and jobs. Cr. Madgic asked about the possibility to expand the definition for resort tax and any potential connections with Governor-elect Gianforte. Mayor Andrus stated the Tourism Business Improvement District (TBID) would be an avenue for revenue by redirecting funds already collected and not a new tax. Cr. Wallner stated he spoke with Governor-elect Gianforte and agreed with the Mayor’s comments related to TBID funds. He commented on past efforts for a rural revenue fund and comparative tax analysis that he authored. He highlighted the priority of expanded broadband access as a personal priority and one that has options and possibility with the Governor-elect. Cr. Pomeroy agreed with Cr. Wallner on efforts for expanded broadband. She asked about opportunities other than funding that are available for affordable housing at the state level Sen. Pope asked about the City’s plan for affordable housing to tie to requests. DM Cunningham provided an overview of the Community Housing Program. Cr. Wallner stated his support for redistribution of the TBID funds and asked about the viability of such a program. DM Cunningham commented on communication efforts between the City and the delegation. He stated 109 Bozeman City Commission Special Meeting Minutes, November 9, 2020 Page 3 of 4 his opinion that building fees for affordable housing administrative fees and septic replacement grant program are smaller asks. He noted the priorities that will be pursued by other organizations and the potential for supporting those efforts. He noted the need to defend revenue. He asked about how the City can support the delegation’s efforts and priorities. Mayor Andrus stated her interest in hearing potential legislation that will support the City’s priorities. Rep. Stafman noted efforts for clean energy, efforts for supporting hospitals, and interest in affordable housing. He stated it is too early in the process for much consideration on specific bills. Mayor Andrus clarified her interest in the local government committee and preemption of City’s efforts. Sen. Pope provided previous actions through the local government committee. Sen. Pomnichowski stated the amenability of the Solutions Caucus towards affordable housing and the possibility of self-governing powers and City control on some issues. Rep. Stafman noted the possibility of a prohibition on sanctuary cities bill again. 07:29:18 PM (02:23:58)Public Comment There were no public comments. 07:32:59 PM (02:27:39)Discussion Continued Mayor Andrus asked for more information on communication efforts between the City, their lobbyists, and delegation. CM Mihelich noted the plan for Monday morning meetings for weekly communication. Rep. Hamilton stated his desire for a member from the House and the Senate participate in regular communication. Cr. Pomeroy asked a follow-up question about climate change and stated her desire to oppose taxation on large-scale renewable energy projects and support promotion of renewable projects for businesses, non-profits, and governments. She also stated her desire to see an increase in the cap on net metering systems and aggregated metering. Sen. Pope stated the topics highlighted by Cr. Pomeroy are likely to come up and his efforts for the new energy economy. He noted the improvements in the relationship with Northwestern Energy. Lobbyist MacDonald provided his closing comments. Sen. Pomnichowski stated her desire to see the City use its connection to the Governor-elect. She stated her admiration for the City’s efforts to conduct remote meetings. She expressed thanks for the City’s efforts. Sen. Pope mentioned the need for the City to come up with local health standards. DM Cunningham agreed with Sen. Pomnichowski regarding the need for relationships. Cr. Pomeroy asked about relationships with Governor-elect Gianforte. Cr. Wallner asked how the City can help with efforts to fight the pandemic. Mayor Andrus stated she is looking forward to more efforts like this meeting. E.07:55:19 PM (02:49:58)Adjournment 110 Bozeman City Commission Special Meeting Minutes, November 9, 2020 Page 4 of 4 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 111 Page 1 of 2 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Saturday, November 07, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present: City Manager (CM) Jeff Mihelich A. Call to Order –7:30 AM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 7:30 AM. B. Public Comment 07:31:00 AM There were no public comments C. Work Session 1. City Commission Retreat (Mihelich) 07:32:00 AM Team Development Executive Coach Ris Higgins shared an overview of what she learned during pre-session interviews, led the Commissioners through a discussion of their personal histories, and guided the establishment of Commission communication principles. D. Adjournment The meeting adjourned at 12:56 PM. ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 112 Bozeman City Commission Meeting Minutes, November 7, 2020 Page 2 of 2 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 113 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, October 27, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Absent Commissioner - Jennifer Madgic: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:09 PM (00:48:12)Call to Order –6:00 PM – Webex Videoconference B.06:04:26 PM (00:52:29)Pledge of Allegiance and a Moment of Silence C.06:05:08 PM (00:53:11)Changes to the Agenda CM Mihelich stated Action Item 4 was continued until November 10, 2020 due to a notice publication error by the Bozeman Daily Chronicle. D.06:05:56 PM (00:53:58)Authorize Absence -Commissioner Michael Wallner 06:06:02 PM (00:54:05)Motion and vote to authorize the absence of Commissioner Michael Wallner. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Absent 114 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 2 of 10 Commissioner -Jennifer Madgic: Approve E.06:06:32 PM (00:54:35)Public Service Announcement 1.City Commission Meeting Cancelled and Closure of City Offices on Tuesday, November 3, 2020 F.06:06:53 PM (00:54:56)FYI DM Cunningham noted the virtual brown bag lunch for the Climate Plan and Affordable Housing on 10/28 11:45-1:00 PM. He noted the Impact Fee Advisory Committee meeting on 10/29 from noon to 1 PM. He noted the ribbon cutting for the Anderson Pavilion at 2 PM on 10/30. He noted the status of COVID-19 hospitalizations and cases in Bozeman. He noted the concerns from Bozeman Health. CM Pomeroy noted the Gallatin City-County Board of Health’s meeting on 10/22 and the continuation of efforts until January to curb the COVID-19 pandemic. Mayor Andrus noted the concerns of gatherings related to Halloween. CM Mihelich stated the efforts of an inter-agency meeting related to Election Day security preparations in the event of any incident.He noted the Bozeman beautification awards nominations are open until Halloween. He noted free flu shots on November 6 at the Bozeman Public Library by appointment only. He noted that Sharon Glick won the Library Banner contest. Mayor Andrus noted Senator Tester announced the Montana Heritage Legacy Act to protect portions of the Madison and Smith Rivers. G.06:17:54 PM (01:05:57)Commission Disclosures DM Cunningham disclosed his wife’s letter of support for Action Item 1. H.06:18:51 PM (01:06:54)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of September 30, 2020 (Clark) 3.Formal Cancellation of the November 3, 2020 Regular City Commission Meeting (Maas) 4.Appointment of Commissioner Jennifer Madgic to the City Planning Board and the Gallatin Local Water Quality District Board Until January 2022 (Maas) 5.Authorize the City Manager to Sign a Public Park Easement and a Public Street and Utility Easement with Nexus Point LLC for the Nexus Point Project (18127)(Lehigh) 6.Authorize the City Manager to Sign a Public Park Easement with Graf Apartments LLC for the Nexus Point project (19263)(Lehigh) 7.Authorize the City Manager to Sign an Irrevocable Offer of Dedication with GMD for the Arrowleaf PUD Project (20327)(Saunders) 115 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 3 of 10 8.Authorize the City Manager to Sign an Inter-local Agreement for the Fire Department to Continue as a Member of the Montana Firefighter Testing Consortium (Waldo) 9.Ratify the Fire Department Acceptance of a Grant for a Hazardous Materials Drone from the Montana Department of Homeland Security (Waldo) 10.Resolution 5235, Correcting the Pole Yard Blight Study Area Map Attached to Resolution 5145 as Exhibit A (Fontenot) 11.Resolution 5236, Appoint Special Prosecutor in the Matter of MK (Sullivan) 06:18:55 PM (01:06:57)City Manager Overview CM Mihelich presented the highlights of the consent agenda. 06:19:10 PM (01:07:12)Public Comment Mayor Andrus opened public comments. 06:22:44 PM (01:10:47)Emily Talago, Public Comment Ms. Talago commented on accounts payable claims. She commented on payments related to the Pole Yard Urban Renewal Area.She requested greater transparency in the future. 06:25:39 PM (01:13:42)Motion and Vote to approve Consent Items 1-11 as submitted. The motion passed 4-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Absent Commissioner -Jennifer Madgic:Approve I.06:26:11 PM (01:14:14)Public Comment Mayor Andrus opened public comment. 06:30:14 PM (01:18:17)Emily Talago, Public Comment Ms. Talago commented on diversity, equity, and inclusion related to CM Mihelich’s response to her public comment last meeting related to participation on the Community Plan. J.06:33:03 PM (01:21:05)Special Presentation 1.FY21 First Quarter Financial Update (Donald) 06:33:30 PM (01:21:33)Staff Presentation 116 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 4 of 10 Finance Director Kristin Donald presented the first quarter report from July 1 through September 30, 2020. She presented all fund expenditures and revenues, the percentage of budgeted amounts, a comparison to the previous year at this time, and impact fees. She presented enterprise fund expenses and revenues, a comparison to the previous year at this time and the location where the public can find this report. 06:39:40 PM (01:27:43)Questions of staff DM Cunningham asked about charges for services and anticipated adjustments of revenues. He commented his appreciation for previous year comparison. Mayor Andrus commented her appreciation for the comparisons. K.06:41:48 PM (01:29:51)Action Items 1.06:41:55 PM (01:29:58)Resolution 5206, Allocating Cash-in-Lieu of Parkland Funds to Bridger Ski Foundation Snowmaking Project at Sunset Hills Cemetery Open Space (Jadin)  06:42:35 PM (01:30:38)Staff Presentation Parks Planning and Development Manager Addi Jadin presented the Bridger Ski Foundation’s proposal for cash-in-lieu of parkland funds. She presented the vicinity map, the project details, the applicable portions of the Parks, Recreation, Open Space, and Trails plan, the Sunset Hills Cemetery Master Plan, staff’s findings, the project funding, the project’s support, and staff’s recommendation. 06:48:01 PM (01:36:04)Questions of staff Cr. Madgic asked about public access to the snow created by this project and charges for use. Cr. Pomeroy asked about ongoing maintenance and operating costs. DM Cunningham asked a general question on the origin of cash-in-lieu funds and the fund balance. He asked about the uses of the funds. He asked about the allocation of cash-in-lieu funds by geography. He asked about the petition process and the criteria for petition approval.He asked about specifics of the applicant’s efforts to provide access to the sport. Mayor Andrus asked about charges for use and outreach related to use of the trails. 07:01:24 PM (01:49:27)Public comment Mayor Andrus opened public comments. 07:04:53 PM (01:52:56)Douglas Fischer, Public Comment Mr. Fischer commented as a volunteer for Bridger Ski Foundation’s Youth Program on the impact in the community granted by the consistency and predictability this project will add. 07:06:55 PM (01:54:57)Evan Weiss, Public Comment Mr. Weiss, Executive Director of Bridger Ski Foundation,commented on the funding of trails within the City. 117 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 5 of 10 07:09:54 PM (01:57:57)Jeff Wyatt, Public Comment Mr. Wyatt commented on the effect of trails on his children’s lives. 07:11:22 PM (01:59:25)Emily Talago, Public Comment Ms. Talago commented on the collaboration efforts of the Parks and Recreation Department. 07:12:30 PM (02:00:33)Christopher Guy, Public Comment Mr. Guy commented on the role of snowmaking and whether snowmaking is antithetical to the City’s Water Conservation Plan and reduction of greenhouse emissions. 07:14:38 PM (02:02:41)Motion in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 5206 allocating $150,000 from the cash-in-lieu of parkland fund for construction of improvements related to snowmaking at Sunset Hills Cemetery Open Space. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd 07:15:19 PM (02:03:21)Discussion Cr. Madgic stated her support for the motion in partnership with Bridger Ski Foundation. She stated she understands the concerns related to water conservation. She noted the efforts of Bridger Ski Foundation to increase accessibility. Cr. Pomeroy stated the impact of climate change creating the need to create snow and that this is a good use of funds for the public. DM Cunningham commented on this project’s role in preserving Bozeman’s connection to its outdoor activities. He noted the recreational benefit for the use of water and the support of funding by those that can afford to do so. He stated his opinion that staff should proactively evaluate changes to parks master plans. He will support the motion. Mayor Andrus stated her support for the motion and agreed that those who can afford to support the Bridger Ski Foundation should do so. 07:26:01 PM (02:14:04)Vote on the Motion in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 5206 allocating $150,000 from the cash-in-lieu of parkland fund for construction of improvements related to snowmaking at Sunset Hills Cemetery Open Space.The motion passed 4-0. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Absent 118 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 6 of 10 Commissioner -Jennifer Madgic: Approve 07:26:29 PM (02:14:31)Recess Mayor Andrus called the meeting into recess until 7:35 PM. 07:34:56 PM (02:22:59)Call to order Mayor Andrus called the meeting back to order. 2.07:35:02 PM (02:23:05)Resolution 5227, Adoption of a Revised Schedule of Community Development Fees (Saunders/Kloosterhof) 07:35:17 PM (02:23:20)Staff Presentation Community Development Manager Chris Saunders presented the revised application fee schedule for the annual inflationary increase.He presented the connection to the Strategic Plan and the staff recommendation. 07:37:27 PM (02:25:30)Questions of staff Cr. Pomeroy asked about consultation with stakeholders. Cr. Madgic asked about planning consulting fees and the after-the-fact permit. Mayor Andrus asked about a comparison to previous year fees.* She asked about 07:44:46 PM (02:32:49)Public Comment There were no public comments. 07:48:25 PM (02:36:28)Motion to adopt Resolution 5227 amending the fee schedule for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2021. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd 07:48:57 PM (02:37:00)Discussion Cr. Pomeroy stated her support based on staff’s recommendation. 07:51:14 PM (02:39:17)Vote on the Motion to adopt Resolution 5227 amending the fee schedule for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2021.The motion passed 4-0. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve 119 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 7 of 10 Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Absent Commissioner -Jennifer Madgic: Approve 3.07:51:45 PM (02:39:47)Ordinance 2056, Provisional Adoption Establishing a Municipal Percent for Art Program (Mihelich) 07:52:05 PM (02:40:07)Staff Presentation CM Mihelich presented the connection to the Strategic Plan and Commission priorities, the City’s effort’s in the past for public art, and the Municipal Percent for Art Program to provide for funding City owned public art,the process for implementation, the selection criteria, maintenance and management, and the next steps. 07:55:41 PM (02:43:44)Questions of staff DM Cunningham asked for the origin of the Municipal Percent for Art. He asked about applicability of the program.He asked about the first opportunities for installation. He asked about selection of a singular artist per project. He asked about the type of art under the purview of the program. He asked about the selection of local artists. He asked about the administration of costs. Cr. Pomeroy asked about the funding for the sculptures in front of the Bozeman Public Library. She asked about applicability to existing capital assets. DM Cunningham asked about the program’s applicability to places of limited public access. 08:08:31 PM (02:56:34)Public Comment Mayor Andrus opened this item to public comments. 08:10:57 PM (02:59:00)Marilee Brown, Public Comment Ms. Brown commented on her desire to see the inclusion of public works projects in the program. 08:13:12 PM (03:01:15)Jim Madden, Public Comment Mr. Madden commented on the City’s opportunity to assume a leadership role in this arena to become a catalyst for the growth of the art community. 08:16:39 PM (03:04:42)Christopher Coburn, Public Comment Mr. Coburn commented on the unique opportunity of the City to elevate diversity through public art.He commented on the transformative potential of art for items that are often passed over. 08:19:04 PM (03:07:07)Steven Jackson, Public Comment Mr. Jackson commented that the approval and selection process include the public community. 08:21:17 PM (03:09:20)Discussion 120 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 8 of 10 Mayor Andrus stated the origin of the Municipal Percent for Art Program and similar efforts in other communities and state levels. She commented on the timing for the creation of this program and the possibilities, and goals of the program. 08:27:51 PM (03:15:54)Motion after considering the staff report, public comment, and Commission discussion, I hereby adopt the findings contained in Ordinance 2056 and move to provisionally adopt Ordinance 2056, establishing a Municipal Percent for Art Program. Deputy Mayor -Terry Cunningham: Motion Commissioner -Jennifer Madgic: 2nd 08:28:18 PM (03:16:21)Discussion continued DM Cunningham stated his appreciation for the Mayor’s efforts to bring this program into the Strategic Plan. He stated his concern with including Public Works projects due to funding sources. He stated his concern with limitation to singular artists and the criteria within a request for proposals. He will support the program. Cr. Madgic stated her support for the program. She stated her interest in investigating the possibility to expand the program to Public Works projects. Cr. Pomeroy stated her support for the program. Mayor Andrus stated her interest finding partnerships to expand the program to Public Works projects. 08:37:33 PM (03:25:35)Vote on the Motion after considering the staff report, public comment, and Commission discussion, I hereby adopt the findings contained in Ordinance 2056 and move to provisionally adopt Ordinance 2056, establishing a Municipal Percent for Art Program.The motion passed 4-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Absent Commissioner -Jennifer Madgic: Approve 4.Ordinance 2055, Provisional Adoption to Create the Pole Yard Urban Renewal District and Adopting the Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision Pursuant to Title 7, Chapter 15, Parts 42 and 43 of the Montana Code Annotated, and Adding Section 2.05.1860, BMC, Regarding the Pole Yard Urban Renewal Board and Section 2.06.1360, BMC, Regarding the Pole Yard Urban Renewal District (Fontenot) ITEM CONTINUED TO NOVEMBER 10, 2020 121 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 9 of 10 5.08:38:14 PM (03:26:17)Appointments to the Design Review Board (Maas) 08:38:23 PM (03:26:26)Public comment There were no public comments. 08:41:50 PM (03:29:53)Motion and Vote to appoint Paul East to the Design Review Board, non- professional position, with a term ending June 30, 2022, Brady Ernst to the Design Review Board, Architect position, with a term ending June 30, 2022, and Allison Bryan to the Design Review Board, Architect position, with a term ending June 30, 2021. Deputy Mayor -Terry Cunningham: Motion Commissioner -Jennifer Madgic: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Absent Commissioner -Jennifer Madgic: Approve 6.08:42:50 PM (03:30:52)Appointments to the Bozeman Downtown Business Improvement District Board (Maas) 08:42:57 PM (03:31:00)Public Comment There were no public comments. 08:45:15 PM (03:33:17)Motion and Vote to appoint Mike Basile and Susan Neubauer to the Bozeman Downtown Business Improvement District Board to terms ending June 30, 2024. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Absent Commissioner -Jennifer Madgic: Approve L.08:45:59 PM (03:34:02)FYI/Discussion CM Mihelich responded to public comments on fiscal reporting of claims, the contract related to the blight study, and the exemptions for the Municipal Percent for the Art Program. Mayor Andrus noted that City offices will be closed on November 3 and there will be no City Commission meeting that evening. She reminded everyone to vote. 122 Bozeman City Commission Meeting Minutes, October 27, 2020 Page 10 of 10 M.08:49:37 PM (03:37:39)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 123 Page 1 of 6 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, October 20, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:03 PM (00:46:45)Call to Order –6:00 PM – Webex Videoconference B.06:04:23 PM (00:51:05)Pledge of Allegiance and a Moment of Silence C.06:05:03 PM (00:51:45)Changes to the Agenda There were no changes to the agenda. D.06:05:09 PM (00:51:51)FYI DM Cunningham noted significant increases in COVID-19 cases. Cr. Pomeroy noted the Gallatin County Mental Health Local Advisory Councilmeeting and the concern for homeless individuals in the community, the Environmental Health Subcommittee notified the City Manager regarding the Idaho Pole Site, and a meeting with local area young people engaged in local governance. Mayor Andrus noted that Cr. Madgic will take the liaison roles in replacement of Former Mayor Mehl except for the Recreation and Parks Advisory Board. The Planning Board and Gallatin Local Water Quality District Board appointment will require Commission action on October 27 consent. CM Mihelich noted Sgt. Jason LaCross’ 25th Anniversary with the Police Department. He noted the Census 2020 is now complete with a response rate 2 percent greater than in 2010. He noted the final allocation of the $15 million Trails Open Space and Parks Bond and listed projects 124 Bozeman City Commission Meeting Minutes, October 20, 2020 Page 2 of 6 accomplished with a final value of double the bond amount thanks to the assistance of community partners and leveraging funds for state and federal grants. E.06:12:17 PM (00:58:59)Commission Disclosures F.06:12:31 PM (00:59:13)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Authorize the City Manager to Sign a Professional Services Agreement with Maintenance Pro for Snow Removal Service at the Public Safety Condominiums (Gray) 3.Authorize the City Manager to Sign a Professional Services Agreement with Granite Peak Hardscape and Landscape for Snow Removal Service at City Properties (Gray) 4.Authorize the City Manager to Sign a Professional Services Agreement with Tri-County Heating and Cooling Inc. for Condensing Unit Replacement at City Hall (Gray) 5.Authorize the City Manager to Sign a Professional Services Agreement with BerryDunn for a Planning Fee study (Donald) 6.Authorize the City Manager to Sign a Professional Services Agreement with John MacDonald Consulting for Lobbying Services for the 2021 Montana Legislative Session (Veselik) 7.Authorize the City Manager to Sign a Professional Services Agreement with Lewis & Ellis for Consulting Services to be Provided to the Health Insurance Committee (Norby) 8.Authorize the City Manager to Sign a Downtown URD Term Contract Task Order DTN21-001 for a 10-year Parking Structure Operations and Maintenance Pro Forma (Naumann) 9.Resolution 5231, Authorizing the City Manager to Sign a Change Order 1 for the Alfred M. Stiff Professional Building Remodel (Henderson) 10.Resolution 5232, Authorizing the City Manager to Sign a Change Order 2 for the Alfred M. Stiff Professional Building Remodel (Henderson) 11.Resolution 5233, Authorizing the City Manager to Sign a Change Order 3 for the Repair of the Anderson Pavilion at Bogert Park (Henderson) 12.Resolution 5234, Authorizing the City Manager to Sign a Change Order 4 for the Repair of the Anderson Pavilion at Bogert Park (Henderson) 06:12:34 PM (00:59:16)City Manager Overview CM Mihelich provided the highlights of the consent agenda. 06:13:46 PM (01:00:28)Public Comment Mayor Andrus opened public comments. 06:16:27 PM (01:03:09)John MacDonald, Public Comment Mr. MacDonald commented his thanks for the opportunity work for the City of Bozeman. 125 Bozeman City Commission Meeting Minutes, October 20, 2020 Page 3 of 6 06:18:09 PM (01:04:51)Motion and Vote to approve Consent Items 1-12 as submitted. The motion passed 5-0. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve G.06:18:52 PM (01:05:34)Public Comment Mayor Andrus opened public comments. 06:21:33 PM (01:08:15)Justice Geddes, Public Comment Mr. Geddes commented his gratitude after meeting with members of the Commission about the appointment to the vacancy and how to develop young and BIPOC peoples’ involvement in governance. 06:23:55 PM (01:10:37)Susan Bilo, Public Comment Ms. Bilo commented about the Community Plan’s consideration of goals that align with the Climate Action Plan. H.06:28:16 PM (01:14:58)Work Session 1.06:28:23 PM (01:15:05)Bozeman Community Plan 2020 -Project Location: The proposed growth policy applies to the entire City and its defined planning area, Application 16521 Continued review of a new growth policy to entirely replace the existing growth policy. No final action will be taken at this hearing, direction for revisions to the draft document may be given.(Saunders/Rogers) 06:31:52 PM (01:18:34)Staff Presentation CM Mihelich presented an introduction to this phase of the Community Plan (Plan). Community Development Manager Chris Saunders and Planner Tom Rogers presented the summary of the Plan with staff’s analysis and findings, the growth of Bozeman, the Plan process, the focus of the Plan, the Plan as foundation for development planning, the context of the Plan, the links to other City plans, recent annexations, and development outside of City limits. They presented what the Plan will do, the Plan’s indicators, staff’s priority indicators, the Planning Board’s review process, public engagement, a summary of public comments received, and amendments from the October 6 work session. 06:58:57 PM (01:45:39)Questions of Staff DM Cunningham asked for a summary of staff’s analysis of growth. He asked about factors of growth and 126 Bozeman City Commission Meeting Minutes, October 20, 2020 Page 4 of 6 the effect of limiting growth within City limits. He asked about the consequences of growth restrictions. Cr. Pomeroy asked about growth control. She asked for clarification on the cross-functional purpose indicator. Mayor Andrus asked how recent information provided in the Plan is, specifically median home costs. She asked about budget prioritization referenced in the Plan. She asked about relaxations for redevelopment. DM Cunningham asked about Future Land Use Map (FLUM) designation changes related to meeting the needs of the Community Housing Action Plan (CHAP). He asked about up-zoning as it relates to providing affordable housing. He asked about housing diversity between neighborhoods, not just within neighborhoods. Mayor Andrus asked about the industrial land-use designation and the possibility of dividing the category by allowable uses. DM Cunningham asked about the changes to measurement metrics effect on staff workloads. He asked about addressing public comments between this work session and final adoption. Cr. Pomeroy asked about modifying the FLUM at a specific location. 07:52:59 PM (02:39:41)Recess Mayor Andrus called the meeting to recess until 8:05 PM. 08:05:22 PM (02:52:04)Call to order Mayor Andrus called the meeting back to order. 08:05:56 PM (02:52:38)Public Comment Mayor Andrus opened public comment. 08:09:04 PM (02:55:46)Geoffrey Poole, Public Comment Mr. Poole commented on the efforts by staff to address previous comments. He noted his opinion of inconsistencies within those responses. 08:14:37 PM (03:01:19)Andrew Epple, Public Comment Mr. Epple commented on behalf of Sacagawea Audubon Society requesting their property off of East Main Street’s designated be changed to Parks and Open Space on the FLUM. 08:16:46 PM (03:03:28)Emily Talago, Public Comment Ms. Talago commented that not enough people know this process is going on. She commented on the lack of tools to successfully mitigate the growth effects in favor of existing residents over new ones. She commented on reaching out to motivated young people. 08:21:00 PM (03:07:42)Discussion DM Cunningham suggested the amendments to the indicators in number and frequency are necessary. He supports staff’s cleanup efforts and approval of Sacagawea Audubon Society’s request. He noted his updates incorporating staff’s responses to his suggested amendments’ applicability to other areas of the Plan and his suggested edits to the growth discussion.He suggested his changes to the short-term action 127 Bozeman City Commission Meeting Minutes, October 20, 2020 Page 5 of 6 plan list. Mayor Andrus stated her responses to DM Cunningham’s suggestions. Cr. Wallner stated his objection to one of DM Cunningham’s suggestions. He highlighted his concern for preserving historic neighborhoods, wildlife habitat, and his support for change in FLUM designation along 19th Avenue. Cr. Madgic question Cr. Wallner’s suggestion of inserting “unique” to the header on neighborhoods. DM Cunningham asked for clarification on Cr. Wallner’s use of “transition areas.” He stated his support for Cr. Wallner’s suggestions. Mayor Andrus asked about the ability to ensure outcomes and recommended a change to “encourage.” Cr. Madgic commented her concern for participation. She stated her takeaways as a member of the Planning Board during the drafting process and the impacts of Bozeman’s actions on the region. Cr. Pomeroy commented her agreement with Cr. Madgic’s thought that attempts to constrain growth are foolish. She suggested a change to the FLUM designation north of the intersection of 19th Avenue and Durston Road as a means to addressing affordable housing. DM Cunningham commented his desire to see areas designated as commercial changed to facilitate additional housing stock. Cr. Wallner commented his support for Cr. Pomeroy’s recommended FLUM designation change. Mayor Andrus commented on staff’s attempt to present FLUM designation with correlated zoning. She commented on the Plan presentation organized by theme. She commented on the industrial FLUM designation near 19th and Goldenstein Lane and compatibility with neighborhoods. DM Cunningham responded to Mayor Andrus’ comments on industrial FLUM designations. Cr. Wallner responded to Mayor Andrus’ comments to increase affordable housing opportunities. Cr. Madgic responded that she needs to review more information on the industrial designation being discussed before commenting. Cr. Pomeroy responded her desire to hear more public comment and response of staff related to the industrial designation. 09:11:21 PM (03:58:03)Response of Staff CM Mihelich responded to public comment on the level of participation in the drafting of the Plan. Manager Saunders responded to Commission suggestions and comments. 09:24:04 PM (04:10:46)Discussion continued Mayor Andrus commented on the difficulty of restricting uses in zoning districts and stated her interest in splitting the industrial designated area on the FLUM near Goldenstein Lane. Cr. Wallner commented his support for additional analysis in response to Mayor Andrus’s suggestion. DM Cunningham commented his desire to put the onus on developers to justify uses as compatible with neighborhoods. Cr. Wallner noted staff’s recommendations on Cr. Pomeroy’s suggested FLUM designation change and the suggested edits for wildlife habitat. DM Cunningham provided his over-arching approach to reviewing the Plan, objectives he would like to see the Plan achieve, and the tensions between various objectives. Cr. Wallner stated his appreciation for the work done on the Plane and noted the importance in using 128 Bozeman City Commission Meeting Minutes, October 20, 2020 Page 6 of 6 citizen feedback in crafting the policy of the Plan. Cr. Madgic stated her appreciation for work on the Plan. Cr. Pomeroy stated the City attempts to manage growth and the use of indicators in doing so. Mayor Andrus stated her appreciation for all the work on the Plan and the planned adoption on November 17 and requested additional comments on the Plan. I.09:40:24 PM (04:27:06)FYI/Discussion There was no FYI/Discussion. J.09:40:42 PM (04:27:24)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 129 Page 1 of 14 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, October 13, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:10:45 PM (00:59:42)Call to Order –6:00 PM – Webex Videoconference B.06:10:53 PM (00:59:51)Pledge of Allegiance and a Moment of Silence C.06:11:29 PM (01:00:27)Changes to the Agenda There were no changes to the agenda. D.06:11:38 PM (01:00:35)FYI Cr. Pomeroy congratulated DM Cunningham and new Cr. Madgic. Cr. Cunningham noted this is the first female majority City Commission meeting. Cr. Wallner welcomed Cr. Madgic. CM Mihelich noted Bozeman was ranked #6 as most dynamic micropolitan communities as ranked by Heartland Forward. He noted emission reducing filters on Fire Department large diesel vehicles. He noted the webcams to observe the construction progress on the Bozeman Public Safety Center. Mayor Andrus welcomed Cr. Madgic. E.06:14:56 PM (01:03:53)Commission Disclosures DM Cunningham disclosed that he will recuse himself from Action Item 2 as he presented a request to the City for the project prior to his election to the Commission. 130 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 2 of 14 06:15:43 PM (01:04:40)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman 6 LLC for the Town Pump Number 6 Lounge Project (20161)(Nielsen) 3.Authorize the Reimbursement of Gallatin County in the Amount of $44,760.00 for the City of Bozeman's Share of the Stucky Road Pavement Overlay Project (Lonsdale) 4.Authorize the City Manager to Sign a Professional Services Agreement with Montana Lines to Complete Modifications to City Street Lights (Gamradt) 5.Authorize the City Manager to Sign a Professional Services Agreement with All Valley Landscaping LLC for Snow Removal Service at the Public Library (Gray) 6.Authorize the City Manager to Sign a Professional Services Agreement with TerraQuatic for Wetland Consulting Services During the Development Review Process for 2020-2022 (Krueger) 7.Authorize the City Manager to Sign a Professional Services Agreement with Naiad Aquatic Consultants, LLC for Wetland Consulting Services During the Development Review Process for 2020-2022 (Krueger) 06:15:53 PM (01:04:50)City Manager Overview CM Mihelich noted the highlights of the consent agenda. 06:16:59 PM (01:05:56)Public Comment There were no public comments. 06:20:01 PM (01:08:59)Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 5-0. Commissioner -Jennifer Madgic: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve F.06:21:10 PM (01:10:07)Public Comment Mayor Andrus opened public comment. 06:24:03 PM (01:13:00)Lily Wright, Public Comment Ms. Wright commented on the choice not to appoint Christopher Coburn to the vacancy on the 131 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 3 of 14 Commission. 06:26:02 PM (01:14:59)Eliza Donahue, Public Comment Ms. Donahue commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:27:23 PM (01:16:20)Kelly Pohl, Public Comment Ms. Pohl commented in support of the three TOP Bond funding items. 06:29:50 PM (01:18:47)Emma Bode, Public Comment Ms. Bode commented onthe choice not to appoint ChristopherCoburn to the vacancy on the Commission. 06:33:12 PM (01:22:09)Isabel Shaida, Public Comment Ms. Shaida commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:34:29 PM (01:23:26)Susannah Wilson, Public Comment Ms. Wilson commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:36:02 PM (01:25:00)Emily Allison, Public Comment Ms. Allison commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:38:58 PM (01:27:55)Logan Platt, Public Comment Mr. Platt commentedon the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:40:54 PM (01:29:52)Emma Foster, Public Comment Ms. Foster commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. 06:42:34 PM (01:31:31)Nicholas Hostetler, Public Comment Mr. Hostetler commented on the choice to appoint Jennifer Madgic. 06:44:14 PM (01:33:12)Gail Small, Public Comment Ms. Small commented on the process of appointment to the vacancy on the Commission and the choice to not appoint Francesca Pine-Rodriguez to the vacancy on the Commission. She commented on the lack of hiring of indigenous applicants. 06:47:36 PM (01:36:33)Sara Blessing, Public Comment Ms. Blessing commented on the process of appointment to the vacancy on the Commission, the need of the youth vote in elections, and the lack of representation on the Commission. 132 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 4 of 14 06:51:02 PM (01:40:00)Nicki Bailey, Public Comment Ms. Bailey commented on the process of appointment to the vacancy on the Commission. 06:52:09 PM (01:41:07)Sherry Staub, Public Comment Ms. Staub commented on the process to appoint Jennifer Madgic to the vacancy on the Commission. 06:53:22 PM (01:42:20)Tia Goebel, Public Comment Ms. Goebel commented on the assumption of pronouns in addressing commenters. She commented on the process of appointment to the vacancy on the Commission. 06:57:12 PM (01:46:09)Katie Meyer, Public Comment Ms. Meyer commented on the power of youth. 06:57:57 PM (01:46:54)Danica Jamison, Public Comment Ms. Jamison commented on the process of appointment to the vacancy on the Commission and the missed opportunity by not appointing Christopher Coburn or Francesca Pine-Rodriguez. 07:02:18 PM (01:51:15)Liz Ann Kudrna, Public Comment Ms. Kudrna commented to support the Cherry River fishing access pathway to the Valley Center spur. 07:05:56 PM (01:54:53)Emily Talago, Public Comment Ms. Talago commented on the process ofappointmentto the vacancy on the Commission and that people are not hearing the Commissioners either. 07:09:15 PM (01:58:12)Kiersten Iwai, Public Comment Ms. Iwai commented on the process for the appointment to the vacancy on the Commission and the need for a fresh perspective. 07:11:44 PM (02:00:41)Alice Collins, Public Comment Ms. Collins commentedon the process of appointment to the vacancy on the Commission and the lack of representation on the Commission. 07:13:23 PM (02:02:21)Terry Bradley, Public Comment Mr. Bradley commented on the process of appointment to the vacancy on the Commission. 07:16:32 PM (02:05:29)Susanne Cowan, Public Comment Ms. Cowan commented on the process of appointment on the Commission and to support the TOP Bond funding items. 07:18:21 PM (02:07:18)Hailey Sinoff, Public Comment Ms. Sinoff commented on the process of appointment to the vacancy on the Commission. 133 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 5 of 14 07:19:33 PM (02:08:30)Zachary Ehrhardt, Public Comment Mr. Ehrhardt commented on the choice not to appoint Christopher Coburn to the vacancy on the Commission. G.07:20:36 PM (02:09:34)Special Presentation 1.07:22:56 PM (02:11:53)Indigenous Peoples' Day Presentation by Dr. Henrietta Mann, Professor Emeritus, Native American Studies-Montana State University; President, Cheyenne and Arapaho Tribal College-Southwest Oklahoma State University, Weatherford;Land Acknowledgement by Jennifer Woodcock-Medicine Horse;and Mayoral Proclamation (Andrus) 08:03:02 PM (02:52:00)Recess Mayor Andrus called the meeting into recess until 8:08 PM. 08:08:17 PM (02:57:14)Call to order Mayor Andrus called the meeting back to order. H.08:08:27 PM (02:57:25)Action Items 1.08:08:31 PM (02:57:28)Lantern Park Master Plan Associated with the Graf Street Apartments Master Site Plan Application 19309 and the Nexus Point Master Site Plan Application 19263 (Jadin) 08:08:44 PM (02:57:42)Staff Presentation Parks Planning and Development Manager Addi Jadin presented the vicinity map, project description, parkland proposal details, and the proposal in comparison to the requirements. 08:18:52 PM (03:07:50)Questions of Staff Cr. Cunningham asked about the exception granted related to wetlands and wetlands setbacks. He asked about the improvements in-lieu of parkland. He asked about park design elements. Cr. Pomeroy asked for clarification about access by each subdivision that adjoins the park. She asked about migratory birds on the property. Cr. Madgic stated her appreciation of coordination between developments as a model for the future. Mayor Andrus asked about public access to the park. She asked about the park’s coordination with the Climate Action Plan. 08:33:14 PM (03:22:12)Applicant Presentation 134 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 6 of 14 Christopher Budeski with Madison Engineering presented details of the proposal to provide one park from two developments, the history of the watercourse modifications, and the changes to area streets. He noted the wetland dedication and park amenities. 08:42:32 PM (03:31:30)Questions of Applicant Mayor Andrus asked how the park’s landscaping and irrigation coordinates with the Climate Action Plan. 08:44:25 PM (03:33:22)Public Comment Mayor Andrus opened public comments. 08:46:40 PM (03:35:37)Loreene Reid, Public Comment Ms. Reid commented on the wetland addition to the park and asked about the amount of wetlands lost or mitigated with the development. 08:50:40 PM (03:39:37)Clarification Chris Budeski stated that there was no wetlands lost with this development. 08:51:55 PM (03:40:52)Motion having reviewed and considered all application materials, staff report and presentation, and public comment, I hereby move to approve the Lantern Park Master Plan associated with the Graf Street Apartments Master Site Plan Application 19309 and the Nexus Point Master Site Plan Application 19263. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd 08:52:28 PM (03:41:25)Discussion DM Cunningham noted the wetland mitigation occurred onsite. Mayor Andrus noted the various types of equipment planned for the park. 08:57:10 PM (03:46:08)Vote on the Motion having reviewed and considered all application materials, staff report and presentation, and public comment, I hereby move to approve the Lantern Park Master Plan associated with the Graf Street Apartments Master Site Plan Application 19309 and the Nexus Point Master Site Plan Application 19263.The motion passed 5-0. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 135 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 7 of 14 2.08:57:51 PM (03:46:49)Resolution 5147, Authorizing the Allocation of Additional Funding up to $110,681.76 from the Trails, Open Space and Parks Bond for the Front Street Connector Trail (Jadin) 08:58:11 PM (03:47:08)Recusal DM Cunningham restated the reasons for his recusal related to a letter sent prior to his election to the Commission. 08:58:59 PM (03:47:56)Staff Presentation Manager Jadin presented a TOP Program update, a map of the project vicinity, the project description, the timeline of the project, the connections added, additional funding sources, how this project achieves Strategic Plan goals, and the next steps. 09:07:21 PM (03:56:18)Questions of Staff Cr. Pomeroy asked about the importance of this project. She asked about the allocation of previously approved funds.She asked about public comments received on the project. Mayor Andrus asked about the relocation of City infrastructure and the concerns of needing to replace improvements if there are future developments. She asked about funding contingent upon approval. 09:13:33 PM (04:02:30)Applicant Presentation Matt Parsons, Trails Director with Gallatin Valley Land Trust, presented a brief history of this project and that this is GVLT’s number one trails priority. He presented the need for this project and the message this project sends. 09:20:44 PM (04:09:41)Questions of Applicant There were no questions of the applicant. 09:21:48 PM (04:10:45)Public Comment Mayor Andrus opened public comments. 09:24:16 PM (04:13:13)Ben Alexander, Public Comment Mr. Alexander commented his support for this project and the need for this project. 09:27:20 PM (04:16:17)Reno Walsh, Public Comment Mr. Walsh commented on behalf of the Northeast Neighborhood Association and his family in support of this project. 09:29:26 PM (04:18:24)Mark Egge, Public Comment Mr. Egge commented his support for this critical connector project. He commented there is value for this project even in the case of potential future development. 136 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 8 of 14 09:32:21 PM (04:21:19)Chandler Dayton, Public Comment Ms. Dayton commented in support of this project and that this decision needs to be made independent of hypothetical future development. 09:34:03 PM (04:23:00)Cathy Costakis, Public Comment Ms. Costakis commented as a member of GVLT’s Board of Directors, Chair of their Trails Committee, member of the Planning Board, and the Planning Board liaison to the Planning Coordinating Committee. She said Bozeman has a long history of focusing on connectivity through multiple plans and design review. She noted there still remain gaps in the system and this project will fill one of those gaps. 09:37:00 PM (04:25:58)Sandy Dodge, Public Comment Mr. Dodge representing GVLT’s Trails Committee, and former member of the TOP Committee, commented in support of the project. 09:39:26 PM (04:28:23)Christopher Nixon, Public Comment Mr. Nixon commented in support of this project. He commented on the benefit of current safety over potential future development. 09:42:22 PM (04:31:20)Amy Hoitsma, Public Comment Ms. Hoitsma commented in support of this project. She noted the 2017 Transportation Master Plan’s depiction of this proposed trail. 09:45:20 PM (04:34:17)Motion having considered public comment, materials presented by staff, and the application and supporting documents, I move to adopt Resolution 5147 authorizing the allocation of additional funding up to $110,681.76 from the Trails, Open Space and Parks Bond for the Front Street Connector Trail. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jennifer Madgic: 2nd 09:46:09 PM (04:35:07)Discussion 09:51:56 PM (04:40:54)Vote on the Motion having considered public comment, materials presented by staff, and the application and supporting documents, I move to adopt Resolution 5147 authorizing the allocation of additional funding up to $110,681.76 from the Trails, Open Space and Parks Bond for the Front Street Connector Trail. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jennifer Madgic: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Abstain 137 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 9 of 14 Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 3.09:52:27 PM (04:41:24)Resolution 5209, Authorizing the Allocation of up to $90,000 from the Trails, Open Space and Parks Bond for the Galla10 Alliance for Pathways Frontage Road Pathway Project (Jadin) 09:52:41 PM (04:41:39)Staff Presentation Manager Jadin presented the project segments, how this project ties to current trails, the project next steps, and additional funding sources. 09:58:23 PM (04:47:21)Meeting Extended Mayor Andrus extended the meeting until 10:30 PM 09:58:27 PM (04:47:25)Presentation continued Manager Jadin presented completed connections, the TOP Committee recommendation, and staff’s recommendation. 10:00:28 PM (04:49:25)Questions of Staff DM Cunningham asked about wastewater funds applicability for improvements for segment one due to its location on the Wastewater Treatment Plant property. He asked about the return of unused funds. Mayor Andrus asked for clarification on completed trail segments. She asked about potential collaboration with the railroad. She asked about the letter sent from Montana Department of Transportation to the Chair of the Pedestrian Traffic Safety Committee, Ralph Zimmer. She asked about additional funding for this project and a timeline for development. 10:09:19 PM (04:58:16)Applicant Presentation Marilee Brown and Betty Stroock from Galla10 Alliance for Pathways presented the application, current developed trails, and the potential completed pathways. They presented potential additional fundraising and the proposed uses of funds. 10:21:54 PM (05:10:51)Questions of Applicant Mayor Andrus asked about funds already raised for the project. 10:24:33 PM (05:13:30)Public Comment Mayor Andrus opened public comments. 10:26:19 PM (05:15:16)Meeting extended Mayor Andrus extended the meeting until 10:45 PM. 138 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 10 of 14 10:26:51 PM (05:15:48)Ben Alexander, Public Comment Mr. Alexander commented support for this project. 10:30:08 PM (05:19:05)Mark Egge, Public Comment Mr. Egge commented support for this project. 10:33:32 PM (05:22:29)Motion to approve Resolution 5209 authorizing the allocation of up to $90,000 from the Trails, Open Space and Parks Bond for the Galla10 Alliance for Pathways Frontage Road Pathway project. Deputy Mayor -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 10:33:55 PM (05:22:52)Discussion 10:39:12 PM (05:28:09)Vote on the Motion to approve Resolution 5209 authorizing the allocation of up to $90,000 from the Trails, Open Space and Parks Bond for the Galla10 Alliance for Pathways Frontage Road Pathway project. The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 4.10:39:39 PM (05:28:36)Resolution 5221, Authorizing the Allocation of up to $99,612.51 from the Trails, Open Space and Parks Bond Funding for the West Side Pathways and Trails Connection Project (Jadin) 10:40:08 PM (05:29:05)Meeting extended Mayor Andrus extended the meeting until 11 PM. 10:40:32 PM (05:29:29)Staff Presentation Manager Jadin presented GVLT’s West Side Connections Application, the proposed route, connected schools and public facilities, how this project meets the Parks, Recreation, Open Space and Trails and Strategic Plans, additional funding, and the maintenance and coordination with the Parks and Trails District and Public Works. 10:49:03 PM (05:38:00)Questions of Staff 139 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 11 of 14 DM Cunningham asked about potential trail way finding approaches. 10:51:27 PM (05:40:24)Applicant Presentation Matt Parsons, Trails Director with GVLT, presented how this project augments the City’s trail structure, and the connection between TOP projects. 10:56:12 PM (05:45:09)Questions of Applicant 10:56:56 PM (05:45:53)Public Comment Mayor Andrus opened public comments. 10:59:01 PM (05:47:59)Meeting Extended Mayor Andrus extended the meeting until 11:15 PM 10:59:11 PM (05:48:08)Cathy Costakis, Public Comment Ms. Costakis commented support for the project and the need to connect existing trail assets. 11:02:23 PM (05:51:20)Sandy Dodge, Public Comment Mr. Dodge commentedon the efforts to develop good parks and trails in subdivisions and support for the project. 11:04:46 PM (05:53:43)Ben Alexander, Public Comment Mr. Alexander commented support for the project. 11:07:27 PM (05:56:24)Motion having considered public comment, materials presented by staff, and the application and supporting documents, I hereby move to adopt Resolution 5221 authorizing the allocation of up to $99,612.51 from the 2012 Trails, Open Space and Parks Bond for the West Side Pathways and Trails Connection Project. Commissioner - Jennifer Madgic: Motion Commissioner - Michael Wallner: 2nd 11:08:02 PM (05:56:59)Discussion 11:12:32 PM (06:01:29)Vote on the Motion having considered public comment, materials presented by staff, and the application and supporting documents, I hereby move to adopt Resolution 5221 authorizing the allocation of up to $99,612.51 from the 2012 Trails, Open Space and Parks Bond for the West Side Pathways and Trails Connection Project. Commissioner - Jennifer Madgic: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve 140 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 12 of 14 Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 11:13:07 PM (06:02:04)Meeting Extended Mayor Andrus extended the meeting to 11:20 PM. 5.11:13:35 PM (06:02:32)Appointment to the Recreation and Parks Advisory Board (Maas)  11:13:44 PM (06:02:41)Public Comment There were no public comments. 11:16:10 PM (06:05:08)Motion and Vote to waive the qualifications for the position of Secondary or Home-schooled Student and appoint Samuel Williams to the Recreation and Parks Advisory Board for a term ending August 31, 2021.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 6.11:16:54 PM (06:05:51)Appointments to the Community Affordable Housing Advisory Board (Maas) 11:17:05 PM (06:06:02)Public Comment There were no public comments. 11:18:40 PM (06:07:37)Motion and Vote to appoint up to five members to Community Affordable Housing Advisory Board (CAHAB) to the following positions and terms: Jacy Condradt to the role of One Organization providing services to low and moderate income persons with a term ending June 30, 2023, Greg Stratton to the role of One Construction Industry position with a term ending June 30, 2023, Kyla Tengdin to the role of One Low or Moderate Income Person with a term ending June 30, 2023, Kevin Than to the role of One Citizen with a Demonstrated Interested in Special Needs Housing with a term ending June 30, 2021, and 141 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 13 of 14 Hannah Van Wetter to the role of One Community Member At-large with a term ending June 30, 2022. The motion passed 5-0. Deputy Mayor -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve 7.11:20:22 PM (06:09:20)Appointment to the Pedestrian and Traffic Safety Committee (Maas)  11:20:30 PM (06:09:28)Public Comment There were no public comments. 11:21:29 PM (06:10:27)Meeting Extended Mayor Andrus extended the meeting until 11:25 PM. 11:22:08 PM (06:11:05)Motion and Vote to appoint one member, Alex Colafrancesco,to the City Appointee (Voting) position on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2021.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Deputy Mayor -Terry Cunningham: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Michael Wallner: Approve Commissioner -Jennifer Madgic: Approve I.11:22:51 PM (06:11:48)FYI/Discussion J.11:23:29 PM (06:12:27)Adjournment ___________________________________ Cynthia L. Andrus Mayor 142 Bozeman City Commission Meeting Minutes, October 13, 2020 Page 14 of 14 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 143 Page 1 of 8 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, October 07, 2020 DUE TO TECHNICAL ISSUES THE MEETING HAD A DELAYED START AT 6:24 PM Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:24:26 PM (01:18:16)Call to Order – Webex Videoconference B.06:24:33 PM (01:18:23)Pledge of Allegiance and a Moment of Silence C.06:25:05 PM (01:18:56)Changes to the Agenda There were no changes to the agenda. D.06:25:12 PM (01:19:03)FYI Cr. Pomeroy thanked everyone for wearing masks, social distancing, and washing hands. E.06:25:45 PM (01:19:36)Commission Disclosures Cr. Cunningham disclosed that his non-profit has had a professional relationship with Doug Chandler and his business has had a professional relationship with Mark Egge. Cr. Pomeroy disclosed she is member of the same Rotary Club with Doug Chandler. F.06:27:14 PM (01:21:04)Public Comment Mayor Andrus opened public comment. 144 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 2 of 8 06:30:11 PM (01:24:01)Stephanie McDowell, Public Comment Ms. McDowell spoke in favor of Christopher Coburn. 06:31:02 PM (01:24:52)Emily Allison, Public Comment Ms. Allison spoke in favor of Christopher Coburn. 06:33:39 PM (01:27:30)Baily Evans, Public Comment Ms. Evans spoke in favor of Christopher Coburn. 06:34:47 PM (01:28:37)Eliza Donahue, Public Comment Ms. Donahue spoke in favor of Christopher Coburn. 06:35:46 PM (01:29:36)Lei-Anna Bertelsen, Public Comment Ms. Bertelsen spoke about the process to appoint a new City Commissioner on behalf of the Bozeman Task Force which aims to bring greater gender equity into the community. She read the Task Force statement into the record. 06:37:13 PM (01:31:03)Nicki Bailey, Public Comment Ms. Bailey spoke in favor of Christopher Coburn. 06:38:02 PM (01:31:52)Lander Cooney, Public Comment Ms. Cooney spoke in favor of Christopher Coburn. 06:39:42 PM (01:33:32)Cheryl Tusken, Public Comment Ms. Tusken spoke in opposition of Christopher Coburn and in favor of law enforcement. 06:42:44 PM (01:36:34)Victoria Dille, Public Comment Ms. Dille spoke in favor of Christopher Coburn. 06:43:22 PM (01:37:12)Sawyer Evans, Public Comment Ms. Evans spoke in favor of Christopher Coburn. 06:44:30 PM (01:38:21)Bryce Neal, Public Comment Mr. Neal spoke in favor of Christopher Coburn. 06:45:09 PM (01:38:59)Madely Mettler, Public Comment Ms. Mettler spoke in favor of Christopher Coburn. 06:46:13 PM (01:40:04)Logan Platt, Public Comment Mr. Platt spoke in favor of Christopher Coburn. 06:47:09 PM (01:40:59)Judith Heilman, Public Comment 145 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 3 of 8 Ms. Heilman spoke in favor of Francesca Pine-Rodriguez. 06:48:49 PM (01:42:40)Justice Geddes, Public Comment Mr. Geddes spoke in favor of Christopher Coburn. 06:51:52 PM (01:45:42)Danica Jamison, Public Comment Ms. Jamison spoke in favor of Christopher Coburn. 06:53:20 PM (01:47:11)Lisa Weaver, Public Comment Ms. Weaver spoke in opposition to Christopher Coburn. 06:57:17 PM (01:51:08)Liam Brown, Public Comment Mr. Brown spoke in favor of Christopher Coburn. 06:58:06 PM (01:51:57)Marissa Berryman, Public Comment Ms. Berryman spoke in favor of Christopher Coburn. 06:59:20 PM (01:53:11)McKeely Shannon, Public Comment Ms. Shannon spoke in favor of Christopher Coburn. 07:02:16 PM (01:56:07)Brianna Bull Shows, Public Comment Ms. Bull Shows spoke in favor of Francesca Pine-Rodriguez. 07:04:25 PM (01:58:16)Lauren Brendel, Public Comment Ms. Brendel spoke in favor of Christopher Coburn. 07:05:39 PM (01:59:30)Aja Desmond, Public Comment Ms. Desmond spoke in favor of Christopher Coburn. 07:08:33 PM (02:02:24)Buck Taylor, Public Comment Mr. Taylor spoke in favor of Christopher Coburn. 07:10:21 PM (02:04:12)Mickey Survoy, Public Comment Mr. Survoy commented on the status of the community, the role of local government, and what he would like to see in a new Commissioner. 07:14:02 PM (02:07:53)Sara Blessing, Public Comment Ms. Blessing spoke in favor of Christopher Coburn. 07:15:05 PM (02:08:56)Natalie Wilkinson, Public Comment Ms. Wilkinson spoke in favor of Christopher Coburn. 146 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 4 of 8 G.07:16:52 PM (02:10:42)Action Items 1.07:17:09 PM (02:10:59)Appoint a Deputy Mayor Pro Tempore from the Current Ranks of the City Commission (Sullivan) 07:17:15 PM (02:11:06)City Manager Overview CM Mihelich provided an introduction of the process. 07:18:36 PM (02:12:26)Questions Cr. Wallner asked for clarification on the process. 07:19:37 PM (02:13:28)Public Comment Mayor Andrus opened public comments. 07:21:52 PM (02:15:42)Marilee Brown, Public Comment Ms. Brown asked which Commissioners are willing to run for Deputy Mayor. 07:23:06 PM (02:16:57)Motion to appoint Commissioner Terry Cunningham to serve as Deputy Mayor Pro Tempore for the remainder of the current Mayoral term, ending in compliance with Section 6.01(b) of the Bozeman Charter at the beginning of the first regularly scheduled meeting in January of 2022. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd 07:23:30 PM (02:17:20)Discussion Cr. Wallner spoke in support of Cr. Cunningham. Cr. Pomeroy spoke in support of Cr. Cunningham. Cr. Cunningham spoke on his own behalf. Mayor Andrus spoke in support of Cr. Cunningham. 07:28:42 PM (02:22:33)Vote on the Motion to appoint Commissioner Terry Cunningham to serve as Deputy Mayor Pro Tempore for the remainder of the current Mayoral term,ending in compliance with Section 6.01(b) of the Bozeman Charter at the beginning of the first regularly scheduled meeting in January of 2022.The motion passed 4-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 147 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 5 of 8 07:29:20 PM (02:23:11)Oath of Office CM Mihelich swore in Cr. Cunningham to the role of Deputy Mayor Pro Tempore. 2.07:30:34 PM (02:24:25)Appoint New Bozeman City Commissioner (Mihelich) 07:30:41 PM (02:24:32)City Manager’s Introduction CM Mihelich described the process and requirements to fill the vacancy. 07:32:22 PM (02:26:12)Recess Mayor Andrus called the meeting into recess until 7:38 PM. 07:40:43 PM (02:34:34)Call to Order Mayor Andrus called the meeting back to order 07:40:49 PM (02:34:40)Applicants’ Statements Mayor Andrus opened the item for applicants to speak on their interests and qualifications: 07:41:32 PM (02:35:22)Mikiyo Aoki 07:44:47 PM (02:38:38)Sam Atkins 07:47:09 PM (02:41:00)Susan Bilo 07:50:49 PM (02:44:40)Doug Chandler 07:53:38 PM (02:47:28)Christopher Coburn 07:57:10 PM (02:51:00)Mark Egge 07:59:53 PM (02:53:43)Linda Gable 08:03:32 PM (02:57:22)Greg Garrigues 08:07:28 PM (03:01:18)Joe Hansen 08:10:17 PM (03:04:08)Aaron Knoebel 08:13:43 PM (03:07:34)Brian LaMeres 08:17:04 PM (03:10:55)David Landis 08:20:00 PM (03:13:51)Damion Lynn 08:23:24 PM (03:17:15)Jennifer Madgic 08:27:12 PM (03:21:03)Francesca Pine-Rodriguez 08:30:11 PM (03:24:02)Alyssa Simmons 08:34:02 PM (03:27:53)Erin Smith 08:37:26 PM (03:31:17)Griffin Smith 08:40:18 PM (03:34:09)Emily Talago 08:43:59 PM (03:37:50)Hannah Van Wetter 08:46:39 PM (03:40:30)Recess Mayor Andrus called the meeting into a five minute recess. 148 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 6 of 8 08:53:50 PM (03:47:40)Call to Order Mayor Andrus called the meeting back to order. 08:53:58 PM (03:47:49)Public Comments Mayor Andrus opened public comments. 08:56:41 PM (03:50:32)Morgan Coffin, Public Comment Mr. Coffin spoke in favor of Christopher Coburn. 08:59:49 PM (03:53:39)Mike Vasquez, Public Comment Mr. Vasquez spoke in favor of Griffin Smith. 09:03:09 PM (03:56:59)Jerry Pape, Public Comment Mr. Pape spoke in favor of Brian LaMeres, Doug Chandler, and Jennifer Madgic. 09:06:35 PM (04:00:26)Emma Bode, Public Comment Ms. Bode, representing Forward Montana, read her written public comment into the record. 09:09:23 PM (04:03:14)Caroline Whisman-Blair, Public Comment Ms. Whisman-Blair spoke in favor of Christopher Coburn. 09:11:46 PM (04:05:37)Benjamin Finegan, Public Comment Mr. Finegan spoke in favor of Christopher Coburn. 09:15:09 PM (04:09:00)Cody Combs, Public Comment Mr. Combs spoke in favor of Christopher Coburn. 09:18:33 PM (04:12:23)Nicholas Hostetler, Public Comment Mr. Hostetler spoke in favor of Christopher Coburn. 09:19:40 PM (04:13:31)Joseph Morrison, Public Comment Mr. Morrison spoke in favor of Christopher Coburn. 09:22:58 PM (04:16:49)Nathan Stouffer, Public Comment Mr. Stouffer spoke in favor of Griffin Smith. 09:24:50 PM (04:18:40)Katie Meyer, Public Comment Ms. Meyer spoke in favor of Christopher Coburn. 09:26:53 PM (04:20:44)Mathew Madsen, Public Comment Mr. Madsen spoke in favor of Christopher Coburn. 149 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 7 of 8 09:28:41 PM (04:22:31)Discussion DM Cunningham spoke to the benefits of the diverse applicant pool. He stated his preferred criteria for a candidate and his basis of consideration. He listed his four finalists, Doug Chandler, Christopher Coburn, Mark Egge, and Jennifer Madgic. 09:39:35 PM (04:33:26)Motion to appoint Jennifer Madgic to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the remainder of the unexpired term which will expire at the beginning of the first regularly scheduled meeting in January of 2022. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 09:40:00 PM (04:33:50)Discussion Cr. Wallner stated he utilized a similar process as DM Cunningham and listed his criteria for decision. He listed his honorable mentions in no particular order as Emily Talago, Doug Chandler, and Griffin Smith; his top five choices in no particular order were Brian LaMeres, Jennifer Madgic, Christopher Coburn, Greg Garrigues, Francesca Pine-Rodriguez. His top three choices were Jennifer Madgic, Brian LaMeres, and Christopher Coburn. His top choice is Jennifer Madgic. 09:48:02 PM (04:41:52)Meeting extended Mayor Andrus extended the meeting until 10:15 PM 09:48:10 PM (04:42:01)Discussion continued Cr. Pomeroy stated her appreciation to the applicant pool. She stated her top candidates were Jennifer Madgic, Brian LaMeres, Doug Chandler, and Christopher Coburn. Mayor Andrus stated her gratefulness and hope as a result of the participation demonstrated throughout the process. She noted the difficult learning curve of joining the Commission in unprecedented times. She stated her criteria for choosing a candidate. She stated the reasons why she will support Jennifer Madgic. 10:06:50 PM (05:00:40)Vote on the Motion to appoint Jennifer Madgic to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the remainder of the unexpired term which will expire at the beginning of the first regularly scheduled meeting in January of 2022.The motion passed 4-0. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 150 Bozeman City Commission Special Meeting Minutes, October 7, 2020 Page 8 of 8 Commissioner - Michael Wallner: Approve 10:07:35 PM (05:01:25)Oath of Office CM Mihelich issued the oath of office swearing in Jennifer Madgic to the Bozeman City Commission. 10:08:42 PM (05:02:33)Comments of the New Commission Cr. Madgic stated she is honored and humbled. She stated she has a great amount of respect for the other applicants and all the commenters. H.10:10:08 PM (05:03:59)FYI/Discussion I.10:10:39 PM (05:04:30)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 151 Page 1 of 9 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, October 06, 2020 Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:05:27 PM (00:49:18)Call to Order –6:00 PM – Webex Videoconference B.06:05:34 PM (00:49:25)Pledge of Allegiance and a Moment of Silence C.06:06:16 PM (00:50:07)Changes to the Agenda There were no changes to the agenda. D.06:06:26 PM (00:50:17)FYI Cr. Cunningham noted the status of COVID-19 cases in Gallatin County and a downtown business not requiring masks. Mayor Andrus asked the public to practice social distancing, wash hands, and wear a mask. She reminded people to fill out the Census. She noted the Parking Commission meeting on Thursday, October 8 at 7 am. CM Mihelich noted Northwestern Energy’s ongoing streetlight conversions. He noted the Bozeman Public Safety Center will be adding a 250 kilowatt solar panel array. He noted the status of COVID-19 in the community. E.06:14:03 PM (00:57:54)Commission Disclosures There were no disclosures. 152 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 2 of 9 F.06:14:12 PM (00:58:03)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Approve the Final Plat for the Nelson Meadows Major Subdivision; Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, and the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 19523 (Rogers) 3.Authorize the City Manager to Sign a Notice of Award and Contract Documents, Once Approved, with H&H Earthworks, Inc for $365,766.00 for the 5th Avenue Sanitary Sewer Improvements Project (Veselik) 4.Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication, a Public Utility and Access Easement and Agreement, and a Release and Reconveyance of Easement with Great Western Investments, LLC for the Jennifer Place Condominiums Project (19153) (Lehigh) 5.Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Harvest Parkway LLC for the Flanders Mill Apartments project (20080)(Lehigh) 6.Authorize the City Manager to Sign a Grant Agreement with GMD Development and Human Resource Development Council IX for $500,000 to Offset City of Bozeman Impact Fees, Building Permit Fees, and Approved Construction Costs for the Arrowleaf and Perennial Parks Project (Andreasen) 7.Authorize the City Manager to Sign a Grant Agreement with Human Resource Development Council for the Reimbursement of Construction Costs Associated with the Building of Willow Springs Townhomes Phase II (Andreasen) 8.Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. in the Amount of $76,293.00 for Construction of the 2020 Storm Improvements (Mehrens) 9.Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. in the Amount of $74,500.00 for Construction of the Westridge Stormwater Treatment Project (Mehrens) 10.Authorize the City Manager to Sign an Aftermarket Comprehensive Services Plan with Pall Water for Annual Inspection of the City of Bozeman Pall Water Aria Filtration System (Jill Miller) 11.Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify the City Manager and Mayor’s Signatures of the Local Government Entity Certification Form (Donald) 12.Authorize the City Manager to Sign a License Agreement for Installation of Art on City Owned Property, Parkland, and Public Rights of Way in the City of Bozeman to Update the List of Gallatin Art Crossing Public Art and to Allow an Art Installation in Story Mill Community Park (Jadin) 153 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 3 of 9 13.Authorize the City Manager to Sign a License Agreement for the Use of City Property by Loyal Gardens Home Owners Association for Installation of Park Shelter in Compliance with the Loyal Gardens Park Master Plan (Jadin) 14.Authorize the City Manager to Sign a Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2021 (Cope) 15.Authorize the City Manager to Sign a Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2021 (Naumann) 16.Authorize the City Manager to Sign a Professional Services Agreement with Affion for the Human Resources Director Recruitment (Donald) 17.Authorize the City Manager to Sign a Professional Services Agreement with Ralph Andersen & Associates for the Police Chief Recruitment (Donald) 18.Authorize the City Manager to Sign an Amendment to the Agreement for Services with Montana State University for SARS-CoV-2 Testing at the City’s Water Reclamation Facility (Rosenberry) 19.Authorize the City Manager to Sign a Task Order for Revision 1 Evaluation of Hydrogeology and Refuse Distribution in Southeast Corner of Landfill to Task Order 2020-2021 Groundwater and Perimeter Methane Monitoring Assessment of System Performance and Effectiveness at the Story Mill Landfill (Kohtz) 20.Authorize the City Manager to Sign an Amendment 4 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate our Local Street Reconstruction Program (Gamradt) 21.Authorize the City Manager to Sign a Fourth Amendment with HDR Engineering, Inc. for the Davis Lane Lift Station and Norton Sewer Project (Murray) 22.Authorize the City Manager to Sign a Task Order 5 Under the Authority of a Previously Executed Professional Services Task Order-Based Agreement with DOWL, LLC for Stormwater Engineering Services (Mehrens) 23.Resolution 5216, Intent to Create a Special Improvement Lighting District 761 for Bridger Vale Subdivision (Massey) 24.Resolution 5228, Authorizing Change Order 2 to the North 7th Avenue Streetscape Project (Veselik) 06:14:17 PM (00:58:08)City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 06:16:34 PM (01:00:25)Public Comment Mayor Andrus opened public comments. 06:19:18 PM (01:03:09)Kevin Thane, Public Comment 154 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 4 of 9 Mr. Thane, Chair of CAHAB, commented his support for the two affordable housing consent items. 06:22:04 PM (01:05:55)Motion and vote to approve Consent Items 1-24 as submitted.The motion passed 4-0. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve G.06:22:37 PM (01:06:28)Public Comment Mayor Andrus opened public comments. 06:25:50 PM (01:09:41)Jerry Pape, Public Comment Mr. Pape commented on behalf of the Bozeman Design Consortium regarding the City Commission vacancy application. He spoke in favor of Doug Chandler, Jennifer Madgic, and Brian LaMeres. 06:27:48 PM (01:11:38)Geoffrey Poole, Public Comment Mr. Poole commented on the Community Plan, specifically with his concerns on an industrial designation in the South Bozeman area. H.06:31:00 PM (01:14:51)Action Items 1.06:31:15 PM (01:15:06)Resolution 5199, Levying and Assessing Delinquent Snow Removal Charges (Donald) 06:31:24 PM (01:15:15)Staff Presentation Finance Director Kristin Donald presented the process for delinquent snow removal charges for Fiscal Year 2020. 06:32:19 PM (01:16:10)Questions of Staff Cr. Cunningham asked about the nature of complaints that lead to snow removal charges and the efforts to remove snow from sidewalks. He asked about the notices received by property notices. Mayor Andrus asked if the City tracks delinquency year over year. 06:35:22 PM (01:19:13)Public Comment There were no public comments. 155 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 5 of 9 06:38:13 PM (01:22:04)Motion to approve Resolution 5199. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 06:38:25 PM (01:22:15)Discussion 06:40:02 PM (01:23:53)Vote on the Motion to approve Resolution 5199. The motion passed 4-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 2.06:40:22 PM (01:24:13)Resolution 5197, Levying and Assessing Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges (Donald) 06:40:35 PM (01:24:26)Staff Presentation Director Kristin Donald presented the process for delinquent utility charges for Fiscal Year 2020. 06:41:43 PM (01:25:34)Questions of Staff Cr. Cunningham asked about the process for assessing properties related to transfers of ownership. 06:43:33 PM (01:27:24)Public Comment There were no public comments. 06:46:07 PM (01:29:58)Motion to approve Resolution 5197. Commissioner -I-Ho Pomeroy: Motion Commissioner -Michael Wallner: 2nd 06:46:32 PM (01:30:23)Discussion 06:46:58 PM (01:30:49)Vote on the Motion to approve Resolution 5197. The motion passed 4-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Michael Wallner: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 156 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 6 of 9 Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 3.06:47:19 PM (01:31:10)Resolution 5222, Amending the FY21 Budget to Increase the Community Housing Fund Appropriation for $225,000 for Funding Affordable Housing Project Grants (Donald) 06:47:35 PM (01:31:26)Staff Presentation Director Donald presented the budgeted amount of grants and the amounts requested for affordable housing projects. 06:48:33 PM (01:32:24)Questions of Staff Cr. Cunningham asked about the revenue sources for the fund appropriations and the process for receiving these requested funds. Cr. Pomeroy asked for clarification on the specific fund and appropriated amounts. Mayor Andrus asked about the fund balance after the appropriation requested. 06:53:12 PM (01:37:03)Public Comment There were no public comments. 06:56:16 PM (01:40:07)Motion to approve Resolution 5222 amending the FY21 Budget to increase the Community Housing Fund appropriation for $225,000 for funding affordable housing project grants. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd 06:56:37 PM (01:40:28)Discussion Cr. Wallner spoke on the status of housing in Bozeman. Cr. Cunningham spoke on the projects supported by this appropriation. Cr. Pomeroy spoke on the increase of housing prices in Bozeman and the cooperation to provide the units supported by this appropriation. Mayor Andrus spoke to the importance of partnerships in providing affordable housing. 07:01:49 PM (01:45:40)Vote on the Motion to approve Resolution 5222 amending the FY21 Budget to increase the Community Housing Fund appropriation for $225,000 for funding affordable housing project grants.The motion passed 4-0. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 157 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 7 of 9 Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 4.07:02:18 PM (01:46:09)Appointments to the Impact Fee Advisory Committee (Maas) 07:02:24 PM (01:46:15)Public Comment There were no public comments. 07:04:14 PM (01:48:04)Motion to appoint three members to the Impact Fee Advisory Committee with terms according to their positions.Roger Davis to a term expiring December 31,2020; Jackie McGuire to a term expiring December 31, 2021, and James Nickleson to a term expiring December 31, 2020.The motion passed 4-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve I.07:05:00 PM (01:48:51)Work Session 1.07:06:49 PM (01:50:40)Bozeman Community Plan 2020 -Project Location: The proposed growth policy applies to the entire City and its defined planning area, Application 16521 (Saunders) 07:06:54 PM (01:50:45)Staff Presentation CM Mihelich introduced the Community Plan (the Plan), opened the public hearing, and entered the staff report, comment, and the plan into the record. He presented the structure of the presentation and questions for the Commission. Community Development Manager Chris Saunders and Planner Tom Rogers presented information about the Plan,its relation to other adopted plans by the City, the relationships between themes, the Strategic Plan, and the Growth Policy as the foundation for development review. They presented the history of Bozeman’s Community Plans, context maps of planning areas, land use, what the Plan will do and how it works. They presented the process and community engagement involved in the creation of the Plan. They presented the resiliency and sustainability considerations and the themes within the Plan. They presented the Plan’s approach to housing and the Future Land Use Map (FLUM). They presented the considerations of employment and commerce, environment considerations in the Plan, and properties outside the City’s planning area. They presented the next steps toward adoption, how to find information, and how to comment on the Plan. 158 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 8 of 9 08:06:59 PM (02:50:50)Recess Mayor Andrus called a recess until 8:16 PM. 08:16:37 PM (03:00:28)Call to Order Mayor Andrus called the meeting back to order. 08:20:07 PM (03:03:58)Questions of Staff Cr. Pomeroy asked about farmland within the City planning area and how to protect it for the future. Cr. Wallner asked about increased density, reduction of single-type housing, and how the Plan ensures gradual and predictable increases in density. Cr. Cunningham asked about considerations of constraining growth, where large underutilized land exists in the City, and how to incentivize development of that land. He asked about qualified census tracts and low-income housing tax credits. Mayor Andrus asked about historic preservation and sense of place within neighborhoods. Cr. Pomeroy asked about the limitation of growth by limits on water. Cr. Wallner asked about the FLUM changes on mixed use, the consideration of a larger buffer between National Forest land and the City, and the consideration of impact outside the City’s planning area. He spoke to his themes for amendments to the Plan. Cr. Cunningham asked how the Plan attempts to accommodate the goals of the Community Housing Action Plan, he asked about industrial and commercial designations in the FLUM in the south Bozeman area, and he asked about considerations to incentivize intense development near major employers. Mayor Andrus asked a follow-up question related to industrial designations in the south Bozeman area and about allowable uses in designated zones. Cr. Pomeroy asked about infrastructure to facilitate more through-streets. Cr. Cunningham asked about partnerships to ensure greater environmental protections effect on the Plan, he asked about partnership with the County to coordinate growth, and asked about consideration of oriented development to align with solar power needs. Mayor Andrus asked about the consolidation of designations under the Urban Neighborhood category and the elimination of single-type housing. Cr. Pomeroy asked about the Plan’s effect on commuter traffic. Cr. Cunningham asked the process to incorporate suggested changes and spoke to his amendment suggestions. 09:33:39 PM (04:17:30)Public Comment Mayor Andrus opened public comments. 09:35:05 PM (04:18:56)Taye Calder, Public Comment Mr. Calder from Altaya Properties requested changes to the FLUM north of Durston and East of 19th Avenue from Community Commercial Mixed-Use to Residential Mixed-Use to encourage higher density, multi-family development. 09:37:51 PM (04:21:42)Emma Wulfhorst, Public Comment 159 Bozeman City Commission Meeting Minutes, October 6, 2020 Page 9 of 9 Ms. Wulfhorst, from NBC Montana, asked about dates for the public hearing. 09:38:56 PM (04:22:47)Will Swearingen, Public Comment Mr. Swearingen commented on the fire risk of extending the FLUM boundary so close to the National Forest and the need for a greater buffer to consider its effect on wildlife corridors. He commented on the potential to push development outside of the City through the removal of the Residential Suburban designation. 09:42:59 PM (04:26:50)Geoffrey Poole, Public Comment Mr. Poole asked about uses with industrial designation and a legal means to limit use and commented on his confusion of changes to uses J.09:48:04 PM (04:31:55)FYI/Discussion CM Mihelich noted the next work session on October 20 and the potential adoption of the Plan on November 17. Cr. Cunningham asked for clarification on the process for amending the Plan. K.09:54:09 PM (04:38:00)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 160 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, September 22, 2020 Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Absent Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:06:00 PM (00:56:55)Call to Order –6:00 PM – Webex Videoconference B.06:06:05 PM (00:56:59)Pledge of Allegiance and a Moment of Silence C.06:06:45 PM (00:57:39)Changes to the Agenda CM Mihelich stated that consent item #8 has been moved to October 6. D.06:06:59 PM (00:57:54)Authorize Absence -Commissioner Michael Wallner 06:07:18 PM (00:58:12)Motion and Vote to authorize the absence of Commissioner Michael Wallner. The motion passed 3-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Absent E.06:07:42 PM (00:58:36)FYI 161 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 2 of 10 Cr.Cunningham requested to convene a panel that have built below market rate housing in-lieu of quarterly report on the Community Housing Plan and present actionable ideas. Mayor Andrus stated that there is no meeting on September 29 and that there is still time to fill out your Census. She spoke to the potential increase of funding for transportation like Streamline. She noted the Growth Policy meeting at 5 PM on September 30. CM Mihelich provided an update on the Census response rate. F.06:14:31 PM (01:05:25)Commission Disclosures G.06:14:42 PM (01:05:37)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Approval of Depository Bonds and Pledged Securities as of June 30, 2020 (Clark) 3.Authorize the Yearly Adoption of the Montana Department of Transportation (DOT) Special Traffic Enforcement Program Grant (McNeil) 4.Re-appoint Assistant City Manager Anna Rosenberry to the Montana Municipal Interlocal Authority (MMIA) Board of Directors to a 2020-2022 Term (Mihelich) 5.Authorize the City Manager to Sign an Agreement with SAFEbuilt, LLC for Third Party Building Inspection Services (Waldo) 6.Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle for Special Inspections and Materials Testing for the Bozeman Public Safety Center (BPSC)(Winn) 7.Authorize the City Manager to Sign an Agreement Between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Public Library Expansion (Henderson) 8.Resolution 5216, Intent to Create Special Improvement Lighting District 761 for Bridger Vale Subdivision (Massey) 06:14:46 PM (01:05:41)City Manager Overview CM Mihelich provided the highlights on the consent agenda. 06:16:07 PM (01:07:01)Public Comment There were no public comments. 06:18:36 PM (01:09:31)Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 3-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham:2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 162 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 3 of 10 Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent H.06:19:26 PM (01:10:21)Public Comment There were no public comments. I.06:23:36 PM (01:14:30)Special Presentation 1.Fire Department Annual Report (Waldo) 06:23:56 PM (01:14:51)Staff Presentation Fire Chief Josh Waldo presented the annual report.He presented number of calls, number of runs, and overlapping incidents. He presented response time calculations, average response times, and additional 2019 stats of training hours, plans reviewed, inspections completed, car seats installed, and community outreach events. He presented accomplishments of 6 new firefighters, station alerting system, continuity of operations plan with MSU, and all members trained up to National Wildland Coordinating Group standards for wildland firefighting. He presented the future outlook for the Fire Department. 06:34:44 PM (01:25:39)Questions of Staff Cr.Pomeroy asked about the plan to reduce response times. She asked about good intent calls increasing percentages. Cr.Cunningham asked about response vehicles and future options. He asked about the Bridger Foothills Fire. He commented on the high performing organization of the Fire Department Mayor Andrus asked about additional stresses on the department related to climate change. She commended the Chief on the efforts toward trainings and certifications. J.06:47:09 PM (01:38:04)Action Items 1.06:47:26 PM (01:38:21)Resolution 5011, Special Assessment Levy for Special Improvement District (SID)747 for Manley Road (Donald) 06:47:30 PM (01:38:25)Staff Presentation Finance Director Kristin Donald presented the background of the SID and the impact on property owners. 06:49:10 PM (01:40:05)Questions of Staff Mayor Andrus asked how this item is related to Action Item #4 later in the night. 06:50:51 PM (01:41:45)Public Comment There were no public comments. 06:53:34 PM (01:44:28)Motion to adopt Resolution 5011,levying a special assessment upon benefitted 163 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 4 of 10 properties within Special Improvement District 747 for Manley Road. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 06:53:49 PM (01:44:44)Discussion 06:56:46 PM (01:47:41)Vote on the Motion to adopt Resolution 5011,levying a special assessment upon benefitted properties within Special Improvement District 747 for Manley Road.The motion passed 3-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 2.06:57:04 PM (01:47:58)Resolution 5195, Annual Assessment for the Downtown Business Improvement District (BID) for Fiscal Year 2021 (Donald) 06:57:14 PM (01:48:09)Staff Presentation Director Kristin Donald presented the background of the BID and the impact on property owners. 06:58:20 PM (01:49:14)Questions of Staff Cr.Cunningham asked about the work plan for the BID. 06:59:14 PM (01:50:09)Public Comment There were no public comments. 07:02:22 PM (01:53:16)Motion to approve Resolution 5195, Annual Assessment for the Business Improvement District (BID) for the FY 2021. Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham: 2nd 07:02:50 PM (01:53:44)Discussion 07:04:00 PM (01:54:54)Vote on the Motion to approve Resolution 5195, Annual Assessment for the Business Improvement District (BID) for the FY 2021.The motion passed 3-0. 164 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 5 of 10 Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 3.07:04:15 PM (01:55:09)Resolution 5196, Annual Lighting Assessments for Fiscal Year 2021 (Donald) 07:04:24 PM (01:55:19)Staff Presentation Director Kristin Donald presented the background for Special Improvement Lighting Districts (SILDS). 07:05:09 PM (01:56:03)Questions of Staff Cr.Cunningham asked about the assessment and process of creation of SILDs. 07:06:22 PM (01:57:17)Public Comment There were no public comments. 07:09:06 PM (02:00:00)Motion to approve Resolution 5196 for Annual Lighting Assessments for Fiscal Year 2021. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 07:09:22 PM (02:00:17)Discussion Cr.Cunningham stated his wish to see the charges decline as a result of increased energy efficiency and an increase in the percentage of renewable energy. 07:11:08 PM (02:02:03)Vote on the Motion to approve Resolution 5196 for Annual Lighting Assessments for Fiscal Year 2021. The motion passed 3-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 4.07:11:25 PM (02:02:19)Resolution 5212, Amending the FY21 Budget to Include to Transfer Funds from the Revolving Loan Fund to the General Fund, and Transfer Funds From the 165 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 6 of 10 General Fund to the SID Sinking Service Fund for the Purpose of Financing Certain Local Improvements (Donald) 07:11:36 PM (02:02:31)Staff Presentation Director Kristin Donald presented the background of the SID Revolving Fund and the statutory and IRS requirements necessitating the transfer of funds and the impact of this action. 07:14:01 PM (02:04:55)Questions of Staff Cr.Pomeroy asked to clarify the process requirements of this action. 07:16:28 PM (02:07:23)Public Comment There were no public comments. 07:19:32 PM (02:10:26)Motion to approve Resolution 5212 Amending the FY21 Budget to Include to Transfer fund from the Revolving loan fund to the General Fund, and transfer funds from the General fund to the SID Sinking Service Fund for the purpose of financing certain local improvements. Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham: 2nd 07:20:07 PM (02:11:01)Discussion Cr.Cunningham commented on the complication of the budgeting processes. 07:22:05 PM (02:13:00)Vote on the Motion to approve Resolution 5212 Amending the FY21 Budget to Include to Transfer fund from the Revolving loan fund to the General Fund, and transfer funds from the General fund to the SID Sinking Service Fund for the purpose of financing certain local improvements.The motion passed 3-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 07:22:28 PM (02:13:23)Recess Mayor Andrus called the meeting into recess until 7:30 PM. 07:30:32 PM (02:21:27)Call to order Mayor Andrus called the meeting back to order. 166 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 7 of 10 5.07:30:38 PM (02:21:32)Resolution 5214, Final Adoption of the City of Bozeman's Legislative Priorities and Agenda for the 2021 Montana Legislative Session (Veselik) 07:30:55 PM (02:21:49)Staff Presentation CM Mihelich and Economic Development Specialist Mike Veselik presented the 2021 Legislative Session Priorities, the process to develop them, and the questions for the Commission to consider. Specialist Veselik presented the three top priorities, the five preferred priorities, thirteen issues of interest, and the two commission interests. He presented the changes to the document,the three legislative agendas to endorse, and other legislative information. 07:40:16 PM (02:31:11)Questions of Staff Cr.Cunningham asked about the removal of sales of school lands for affordable housing. He asked about the legislative agendas to support and the consideration of endorsing the Montana Housing Alliance’s agenda. Cr.Pomeroy asked about affordable housing related to increasing home prices. She asked about a local option sales tax as property tax relief. Mayor Andrus asked about adding the Commissioners testifying before committees of jurisdiction. She asked about the language limiting support of other local option tax proposals. She asked if the Commission Interests items are appropriate in the priorities. She stated her agreement with Cr.Cunningham’s suggestion of consideration of the Montana Housing Alliance’s agenda. Cr.Cunningham agreed with Mayor Andrus’ assessment of the Commission Interests. Cr.Pomeroy commented on the Beer and Wine License item. 07:59:59 PM (02:50:54)Public Comment There were no public comments. 08:04:21 PM (02:55:15)Motion to adopt the Resolution 5214 The City of Bozeman’s 2021 Legislative Priorities and Agenda as drafted. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 08:04:46 PM (02:55:40)Discussion Cr.Cunningham commented on the well-thought and well-constructed process of defining priorities. He commented on the necessary reasonable actions described.He commented on the willingness of the Commission to testify on behalf of these priorities. Cr.Pomeroy emphasized the top priorities as well as broadband access, childcare, and Gallatin College. Mayor Andrus commented on the quality of the priorities documented. She noted the change of Commission Interests. 08:15:12 PM (03:06:07)Vote on the Motion to adopt the Resolution 5214 The City of Bozeman’s 2021 167 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 8 of 10 Legislative Priorities and Agenda (as drafted or as amended).The motion passed 3-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 6.08:15:38 PM (03:06:32)Appointments to the Recreation and Parks Advisory Board (RPAB) (Maas) 08:15:43 PM (03:06:38)Public Comment There were no public comments. 08:17:41 PM (03:08:36)Mayor’s recommendations Mayor Andrus recommended the following appointments and positions: Melanie Cutietta, City Resident expiring December 31, 2022 Andrew Morehouse, At-large expiring December 31, 2021 Jacob Holmes, MSU Student, August 31, 2021 Donald Ulrich, City Resident expiring December 31, 2022 Gary Fox, City Resident expiring December 31, 2020 08:19:33 PM (03:10:28)Motion and vote to appoint five members to the Recreation and Parks Advisory Board for the terms specified by the position.The motion passed 3-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Terry Cunningham: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 7.08:20:41 PM (03:11:36)Appointments to the Bozeman Parking Commission (Maas) 08:20:49 PM (03:11:44)Mayor’s recommendation Mayor Andrus recommended the following appointments and terms: Danielle “Deejay” Newell expiring June 30, 2023 Ryan Kruegar expiring June 30, 2024 08:21:17 PM (03:12:12)Motion and vote to appoint Ms. Newell to the Bozeman Parking Commission for 168 Bozeman City Commission Meeting Minutes,September 22, 2020 Page 9 of 10 the term ending June 30, 2023 and Mr. Kruegar to the term ending June 30, 2024.The motion passed 3- 0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Absent 08:22:53 PM (03:13:48)Public Comment There were no public comments. K.08:25:32 PM (03:16:27)Work Session 1.08:25:38 PM (03:16:32)Bozeman Climate Plan Work Session (Henderson) 08:27:10 PM (03:18:04)Staff Presentation CM Mihelich provided an introduction to the plan and presented key questions. Sustainability Program Manager Natalie Meyer with consult of Judy Dorsey and Shelby Sommer from the Brendle Group presented local climate change impacts, the process & timeline in drafting the Climate Plan, climate trends and goal contributions, the cost of inaction, climate resiliency, the guiding position statement, guiding principles, and climate mitigation goals. She presented the focus areas and solutions, the solution and action descriptions, resiliency goal contributions,estimated emissions reduction potential, climate trends and goal contributions, and the next steps. 08:52:27 PM (03:43:21)Questions of Staff Cr.Pomeroy commented on the achievable, but ambitious goals. She asked about Solution N to cultivate a robust local food system. She asked about Solution P to manage land as it relates to Solution N. Cr.Cunningham asked about where to find the Climate Plan. He asked about solutions and action items. He asked about reaching the City’s goals with current utility production levels of renewable energy. He asked about renewable energy’s role in providing benefits for electrification. He asked about personal choices to meet the Climate Plan’s goals. He asked about the benefits from retrofitting older homes compared to increasing standards of new construction. He asked about ongoing efforts by the City.He asked about how a City can lead by example to establish buy-in from the community. Mayor Andrus asked about implementation and being an intentional leader. 09:17:51 PM (04:08:45)Public Comment Mayor Andrus opened public comment. 09:20:23 PM (04:11:18)Justice Geddes, Public Comment 169 Bozeman City Commission Meeting Minutes, September 22, 2020 Page 10 of 10 Mr. Geddes commented excitement for the plan and the number of actions the City is thinking about. He commented about planting trees and building urban canopies by getting trees into neighborhoods that lack them. He cautioned on projects failing to get buy-in by the communities most commonly effected by climate change by being mindful not to cause additional harm. 09:24:42 PM (04:15:37)Discussion Cr. Pomeroy commented the need for the City to lead by example and innovate. She agreed with the public comment on the importance of trees. Cr. Cunningham commented on the level of expertise and engagement in the community. He commented on the importance of City leadership due to a lack of alternative while emphasizing the importance of community buy-in. He noted the importance to focus the community on Northwestern Energy’s renewable resources. He asked citizens to think about how they can participate with this plan. He stated the need to focus on buildings, energy supply, and transportation to make the most difference in terms of investment. Mayor Andrus stated her thanks to all participants in creating this plan. She commented on the quality of the Plan and the ability for the community to see themselves in it. She stated the need for a climate impact consideration in staff memos and on the design review committee. L.09:42:31 PM (04:33:26)FYI/Discussion Cr. Cunningham returned to the idea of a meeting with below-market rate housing developers. M.09:43:31 PM (04:34:26)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 170 Page 1 of 12 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, August 11, 2020 Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A.06:00:44 PM (00:40:30)Call to Order –6:00 PM – Webex Video Conference B.06:04:37 PM (00:44:24)Pledge of Allegiance and a Moment of Silence C.06:05:19 PM (00:45:05)Changes to the Agenda There were no changes to the agenda. D.06:05:30 PM (00:45:16)FYI CM Mihelich announced the rainbow crosswalks will begin installation on Thursday at Babcock and Tracy and Mendenhall and Willson, a celebration will be held at 3PM on August 17th at Babcock and Tracy. He provided an update on the City’s Census response rate. He highlighted Sustainability Program Manager Natalie Meyer’s award for 2020 U.S. Clean Energy Education Empowerment Government Award. Cr. Cunningham noted the CAHAB meeting August 12 at 8 AM via Webex. DM Andrus commended the School Board’s work to provide a back-to-school solution. Cr. Wallner seconded DM Andrus’ comments related to the School Board. He noted a meeting on Department of Public Health and Human Services authority to ban flavored e-cigarettes. Mayor Mehl noted the Planning Coordinating Committee meeting earlier in the day, and that the next meeting is coming in October. He noted the Recreation and Parks Advisory Board meeting on August 13. He thanked the City Manager for the efforts on behalf of the City for the rainbow sidewalk. E.06:11:52 PM (00:51:39)Commission Disclosures F.06:12:17 PM (00:52:04)Consent 171 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 2 of 12 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Authorize the City Manager to Sign a Notice of Award and a Bid Purchase Agreement Between the City of Bozeman and Jack’s Truck & Equipment for the Purchase of One (1) New Refuse Truck with New Front-load Packer Installed (Meland) 3.Authorize the City Manager to Sign a Professional Services Agreement with Gradient Landscapes, LLC for Landscape Restoration at City Hall (Ahlstrom) 4.Authorize the City Manager to Sign a Professional Services Agreement with American Sealcoating Co. for Parking Lot Seal Coating to Support Bozeman Public Library Parking Lot Upgrade Project (Gray) 06:12:27 PM (00:52:14)Public Comment There was no public comments. 06:14:34 PM (00:54:21)Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve G.06:15:17 PM (00:55:03)Public Comment Mayor Mehl opened public comment. 06:17:36 PM (00:57:22)Marilee Brown, Public Comment Ms. Brown of Safer Bozeman and Gallatin County, member of the Pedestrian Traffic Safety Committee invited everyone to see the public works projects on Haggerty Lane and Frontage Road where requests for sidewalks and pathways were submitted for Capital Improvement Projects.She stated her opinion that future projects be planned to save money for the City. H.06:20:02 PM (00:59:49)Action Items 1.06:20:04 PM (00:59:51)Resolution 5192, Establishing Rates for Stormwater Service for the City of Bozeman (Donald) 06:20:31 PM (01:00:17)Staff Presentation Finance Director Donald presented the background for the stormwater rate,how it was noticed to the public, and the impact on property owners. 172 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 3 of 12 06:21:28 PM (01:01:14)Questions Cr.Cunningham asked for clarification on the acronym ERU.He asked how the addition of a staff member related to the increase in the rate. 06:23:30 PM (01:03:16)Public Comment There was no public comment. 06:24:57 PM (01:04:43)Motion to approve Resolution 5192 setting a 5% increase in stormwater rates effective on bills due September 15, 2020. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 06:25:21 PM (01:05:08)Discussion 06:26:48 PM (01:06:34)Vote on the Motion to approve Resolution 5192 setting a 5% increase in stormwater rates effective on bills due September 15, 2020.The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 2.06:27:46 PM (01:07:32)Resolution 5200, Dissolution of Special Improvement Lighting District 706 for West Winds Subdivision Phase 4, (Contingent Upon Approval of Resolution 5172 to Modify West Winds Subdivision Phases 6-8 to Include Phase 4)(Donald) 06:27:58 PM (01:07:45)Staff Presentation Director Donald presented the background, the map of the district, and that there were no written protests. 06:28:45 PM (01:08:31)Questions of Staff There were no questions of staff. 06:29:17 PM (01:09:03)Public Comment There were no public comments. 173 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 4 of 12 06:30:46 PM (01:10:32)Motion to approve Resolution 5200, Dissolution of Special Improvement Lighting District No.706 for West Winds Subdivision Phase 4, (contingent upon approval of Resolution 5172 to modify West Winds Subdivision Phases 6-8 to include Phase 4). Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Cynthia Andrus: 2nd 06:31:20 PM (01:11:07)Discussion 06:32:17 PM (01:12:03)Vote on the Motion to approve Resolution 5200, Dissolution of Special Improvement Lighting District No.706 for West Winds Subdivision Phase 4, (contingent upon approval of Resolution 5172 to modify West Winds Subdivision Phases 6-8 to include Phase 4).The motion passed 5- 0. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Cynthia Andrus: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 3.06:32:53 PM (01:12:39)Resolution 5172, Modification of Special Improvement Lighting District 720 for West Winds Subdivision Phases 4 & 6-8 (Donald) 06:32:59 PM (01:12:45)Staff Presentation Director Donald presented the modification, the fixtures to be installed, the map of the proposed district, the estimated costs, and that there were no written protests. 06:33:50 PM (01:13:36)Questions of Staff There were no questions of staff. 06:34:10 PM (01:13:56)Public Comment There were no public comments. 06:35:48 PM (01:15:34)Motion to approve Resolution 5172, Modification of Special Improvement Lighting District 720 for West Winds Subdivision Phases 4 & 6-8. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd 174 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 5 of 12 06:36:11 PM (01:15:57)Discussion 06:37:43 PM (01:17:29)Vote on the Motion to approve Resolution 5172, Modification of Special Improvement Lighting District 720 for West Winds Subdivision Phases 4 & 6-8.The motion passed 5-0. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy:Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 4.06:37:59 PM (01:17:45)Resolution 5208, Authorizing the Form and Details and Providing for the Execution and Delivery of Bonds for SID747 for $4,001,000 (Donald) 06:38:06 PM (01:17:53)Staff Presentation Director Donald presented the background of the SID747, the boundariy of the SID, the improvements contained in the District, and the Bonding Terms. 06:40:46 PM (01:20:32)Questions of Staff Cr.Cunningham asked about the bond savings and the City as a property owner within the District. Mayor Mehl asked about the budget and rate in comparison to original plan at the District’s inception. 06:43:36 PM (01:23:23)Public Comment There were no public comments. 06:44:30 PM (01:24:17)Cr.Wallner informed the Mayor he would be switching laptops to improve his audio connection. 06:46:41 PM (01:26:27)Cr.Wallner rejoined the meeting. 06:46:52 PM (01:26:38)Motion to approve Resolution 5208, authorizing the form and details and providing for the execution and delivery of bonds for SID747 for $4,001,000. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd 06:47:13 PM (01:26:59)Discussion 06:50:59 PM (01:30:45)Vote on the Motion to approve Resolution 5208, authorizing the form and 175 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 6 of 12 details and providing for the execution and delivery of bonds for SID747 for $4,001,000.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -Terry Cunningham: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 5.06:51:17 PM (01:31:03)Resolution 5191, Establishing a $0.017 per square foot Assessment for the Parks & Trails District for FY 2021 (Donald) 06:51:32 PM (01:31:18)Staff Presentation Director Donald presented the background of the Parks & Trails District and associated budget discussion,the total revenue,and the financial impacts. 06:52:51 PM (01:32:38)Questions of staff Cr.Cunningham asked how the presented educational materials compared to adjusted amount for review tonight and the payments that will be made for the first year of the assessment. He asked about the deferred parking lot project at Story Mill Park and if it would increase assessments in future years. DM Andrus asked about the potential impact on HOA’s for park maintenance. 06:57:42 PM (01:37:29)Public Comment There were no public comments. 06:59:20 PM (01:39:06)Motion to approve Resolution 5191, Establishing a $0.017 per square foot Assessment for the Parks & Trails District for FY 2021. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 06:59:42 PM (01:39:28)Discussion Cr.Cunningham noted the investment of citizens and property owners in parks and trails as evidenced by their approval of the special election ballot issue on May 5 to address the backlog of deferred maintenance. DM Andrus thanked the community for their support for the District in addressing deferred maintenance, funding for future parks and trails, and equity in paying for all that we enjoy. Mayor Mehl thanked the voters and noted the history of this item in the PROST Plan from 2007. 176 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 7 of 12 07:03:54 PM (01:43:40)Vote on the Motion to approve Resolution 5191, Establishing a $0.017 per square foot Assessment for the Parks & Trails District for FY 2021.The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 6.07:04:18 PM (01:44:04)Resolution 5141, a Resolution to Create the Bozeman Downtown Business Improvement District (BID)for 2020-2030 (Rosenberry) 07:04:54 PM (01:44:41)Staff Presentation Assistant City Manager (ACM) Anna Rosenberry presented the process of the two items for recreation of the BID, the history of the BID’s creation by petition, the works of the district, the changes in the BID of assessment cap and extension of boundaries, the protest received and its percentages of the BID area and assessment that was not sufficient to disallow the creation, and staff’s recommendation to approve. 07:09:29 PM (01:49:15)Questions of Staff Cr.Pomeroy asked about the response in favor and the boundary creation. DM Andrus asked about the reason for the expansion from the previous version of the BID. Mayor Mehl asked Assistant City Attorney Stambaugh for clarification on the boundaries Cr.Cunningham asked about the cap on assessments and the communication with property owners about this new cap. 07:16:27 PM (01:56:13)Public Comment There was no public comment. 07:18:02 PM (01:57:48)Motion after conducting a public hearing to hear and decide upon all protests received to the creation of the Bozeman Downtown Business Improvement District, and determining the protest received to be insufficient, I hereby move to adopt Resolution 5141, a Resolution to Create the Bozeman Downtown Business Improvement District for 2020-2030. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Cynthia Andrus: 2nd 07:18:45 PM (01:8:31)Discussion Cr.Pomeroy noted only one property owner submitted written protest. DM Andrus noted the three pillars of review, the protests submitted, evaluating the protest, and the 177 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 8 of 12 Resolution. 07:25:19 PM (02:05:05)Vote on the Motion after conducting a public hearing to hear and decide upon all protests received to the creation of the Bozeman Downtown Business Improvement District, and determining the protest received to be insufficient, I hereby move to adopt Resolution 5141, a Resolution to Create the Bozeman Downtown Business Improvement District for 2020-2030.The motion passed 5-0. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor -Cynthia Andrus: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 7.07:25:42 PM (02:05:28)Ordinance 2040, Provisional Adoption Creating the Bozeman Downtown Business Improvement District for 2020-2030 and Amending the Bozeman Municipal Code to Delete References to the Bozeman Tourism Business Improvement District (Rosenberry) 07:25:51 PM (02:05:37)Staff Presentation ACM Rosenberry presented the statutorily required ordinance to update the Bozeman Municipal Code for the new BID dates, Board of Trustees, new assessment caps, and the removal of reference to the Tourism Business Improvement District. 07:27:59 PM (02:07:45)Questions of Staff There were no questions of staff. 07:28:20 PM (02:08:06)Public Comment There were no public comments. 07:29:56 PM (02:09:43)Motion to provisionally adopt Ordinance 2040 creating the Bozeman Downtown Business Improvement District for 2020-2030 and amending the Bozeman Municipal Code to delete references to the Bozeman Tourism Business Improvement District. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd 07:30:21 PM (02:10:07)Discussion 07:32:37 PM (02:12:24)Vote on the Motion to provisionally adopt Ordinance 2040 creating the 178 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 9 of 12 Bozeman Downtown Business Improvement District for 2020-2030 and amending the Bozeman Municipal Code to delete references to the Bozeman Tourism Business Improvement District.The motion passed 5-0. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 07:32:59 PM (02:12:45)Recess Mayor Mehl called the meeting into recess until 7:37 PM. 07:39:21 PM (02:19:07)Call to order. Mayor Mehl called the meeting back to order at 7:39 PM. I.07:39:26 PM (02:19:12)Work Session 1.07:39:39 PM (02:19:25)Draft 2021 Legislative Agenda (Veselik) 07:41:51 PM (02:21:37)Staff Presentation CM Mihelich and Economic Development Specialist Michael Veselik presented an overview of the City’s aims with the Legislative session.CM Mihelich outlined the process in developing the priorities, the collection of priorities, and the connection to the Strategic Plan to request feedback from the Commission, the future plans to meet with the area delegation, and to request any additions or subtractions and Commissioner priorities. Specl. Veselik presented items connected to the Strategic Plan Goals: Goal 1 –An Engaged Community: Special Election Date Change, Planning and Zoning Board Consolidation, Public Noticing Options, and Legislative Redistricting Goal 2 –An Innovative Economy: Broadband, Childcare, Gallatin College Facilities, Local Option Sales Tax, Montana Economic Developer’s Association Next Generation Report, and Tax Increment Financing and Urban Renewal Districts Goal 3 –A Safe, Welcoming Community: Criminal Justice Funding, DUI Blood Draws, Marijuana Legislation, Affordable Housing (Funding Affordable Housing Personnel with Building Fees, Low Income Tax Credit for Affordable Housing, Preservation of Affordable Housing, Sale/Lease of School of University Property) Goal 4 –A Well-planned City: Bills related to Water Use Act, Building Codes, Exempt Well Bills, Grant Program for Aging Septic Systems, MDT Local Agency Processes, Nutrient Water Quality Standards, Subdivision Review 179 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 10 of 12 Goal 5 – A Sustainable Environment: Commercial and Residential Property Assessed Clean Energy, Community Renewable Energy Options, Renewable Net Energy Metering Goal 6 – High Performance Organization: Co-op Bidding and Procurement He presented Legislative Agendas to Endorse: Montana League of Cities and Towns, The Montana Infrastructure Coalition, Montana Economic Developers Association He presented other Legislative Information: A Remote Session, Lobbyist RFQ,and Upcoming Delegation Meeting 07:56:59 PM (02:36:45)Questions of Staff Cr. Wallner asked for clarification on the DUI Blood Draws. CA Sullivan clarified there are conflicting statutes on whether an officer can request a blood draw on a DUI first offense. He stated this is not to request for a bill to be drafted but to support any bill that is proposed. Cr. Cunningham asked about a grant program for septic systems and whether it relates to annexations and connecting to City services. CM Mihelich answered in the affirmative that his grant program would make the transition easier. Cr. Cunningham asked collaboration and sharing initiatives with other cities in Montana. CM Mihelich responded that his idea was to send Bozeman’s priorities to other cities to see if they are supportive of our agenda priorities. Cr. Cunningham asked about building a coalition related to identifying priorities compared to promoting specific language and bills. CM Mihelich responded that with Commission approval staff is willing to draft legislative framework, seek coalitions, and bill sponsors. DM Andrus asked about working with Montana Economic Development Association. CM Mihelich responded this is the first Next Generation Report and will likely result in a separate item before the Commission at a later date. DM Andrus asked if they were working with the Montana League of Cities and Towns. CM Mihelich responded that he would look into that and report back. 08:09:54 PM (02:49:40)Public Comment There were no public comments. 08:11:51 PM (02:51:37)Discussion continued Cr. Wallner stated his desire to see an addition of a food and beverage tax option, aka soda or sugar tax. He stated no subtractions from the list. He identified his highest priorities as broadband, TIF Districts, taxing tourists, and a food and beverage tax option. Cr. Cunningham stated he had no subtractions. He stated he would like to see a categorization of proposed legislation and monitoring categories. He stated his priority related to a local-option tax should have a new approach and highlighted his proposed tax fairness bill including a rural revenue pool. He stated had collaborated on a list of potential legislative initiatives related to affordable housing that resulted in four options noted in staff’s presentation. He stated his priorities include property assessed clean energy being expanded to residential, community renewable acquisition, Gallatin College 180 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 11 of 12 facilities, and grant program for septic to City service transition. Cr. Pomeroy stated she would like to add a beer and wine licensing modification to remove the quota system to a must issue system. She stated her highest priority is affordable housing, followed by broadband, and Gallatin College. She added her fourth priority is clean energy. DM Andrus reiterated the need for categorization to prioritize proposed legislation and monitoring. She stated her addition for local-option tax to include language from the Tourism Business Improvement District for funds to be allowable for infrastructure as a reallocation of money that is already collected as opposed to a new tax. She agreed for the need to readdress the way we talk about a local option tax and how the money is to be spent. She prioritized affordable housing, climate change, water quality, and taxation related to the Strategic Plan priorities. She added Broadband, monitoring redistricting and special elections. She supported a dedicated revenue stream applicable to affordable housing. She stated the alcohol proposal by Cr. Pomeroy would require a lot of effort. Cr. Cunningham raised an issue of disclosure related to the proposal of modification of alcohol licensing. Mayor Mehl stated an emerging consensus on tactics. He noted the referendum LR130 related to firearms for monitoring. He stated the need for a concerted effort to accomplish priorities. He stated his priorities of tax relief, housing, and climate. His fourth would be to ask the Legislature to respond to issues arisen from COVID-19, including childcare, broadband, telemedicine, home teaching, working from home, Gallatin College, worker retraining, and annexation grants. Cr. Wallner added his support for a shared revenue fund and a reallocation of funds towards infrastructure. 08:46:55 PM (03:26:41)Recap* CM Mihelich stated that staff will start fleshing out proposals, will create a grid of themes, identified to monitor, and items that will propose language, proceed to get feedback from other cities and legislators. J.08:50:22 PM (03:30:08)FYI/Discussion CM Mihelich responded to public comment regarding pathway improvements and that the infrastructure work being undertaken is sanitary sewer work and that funding pathways with sewer funds would be inappropriate. He clarified the request has been made to bundle projects whenever possible to include pathways. K.08:52:26 PM (03:32:13)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 181 Bozeman City Commission Special Meeting Minutes, August 11, 2020 Page 12 of 12 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 182 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Friday, April 3, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present A.08:31:24 AM (00:22:52)Call to Order –8:30 AM – Webex Video Conference B.08:31:29 AM (00:22:57)Pledge of Allegiance and a Moment of Silence C.08:32:20 AM (00:23:48)FYI ICM Taylor highlighted the City’s preparation for the coming surge of cases and the status of the City’s response to the Covid-19 pandemic. D.08:36:27 AM (00:27:55)General Public Comment E.08:37:16 AM (00:28:44)Executive Session 1.Interviews with City Manager Semi-finalist Candidates The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussionrelates to a matter of individual privacy if and only if the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. 01:55:46 PM (05:47:14)Close of Executive Session 183 F.01:59:30 PM (05:50:58)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 184 Page 1 of 5 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 23, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present via phone Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present at the dais: Interim City Manager (ICM) Dennis Taylor, Incident Commander Fire Chief Josh Waldo, City Clerk (CC) Mike Maas Staff Present by phone: City Attorney (CA) Greg Sullivan A.06:00:41 PM (00:15:24)Call to Order –6:00 PM - Commission Room, City Hall, 121 North Rouse B.06:00:48 PM (00:15:31)Pledge of Allegiance and a Moment of Silence C.06:01:45 PM (00:16:28)Changes to the Agenda ICM Taylor identified the changes to the agenda. D.06:02:33 PM (00:17:16)Public Service Announcement 1. No City Commission Meeting on March 30, 2020 E.06:02:42 PM (00:17:24)FYI ICM Taylor outlined the reasons for the change in meeting protocol, future steps for meetings, and the status of the City’s Continuity of Service Plans. CA Sullivan highlighted the actions and coordination between other cities and the forthcoming procedures to allow for public participation. ICM Taylor highlighted the Incident Command Structure (ICS) and the steps taken to create personnel redundancies. Incident Commander Fire Chief Waldo highlighted the expansion of the ICS for future planning and current logistics, and the rotation of staff to maintain operational effectiveness. He outlined the ICS 185 Bozeman City Commission Meeting Minutes,March 23, 2020 Page 2 of 5 structure as the City representative to the County Emergency Operations Command, the coordination in the Joint Information Center. 06:18:30 PM (00:33:12)Questions of staff DM Andrus asked about future planning through the Policy Group arm of the ICS, the planning to avoid a second or third wave of confirmed cases, and the measures to indicate a shelter in place order. 06:22:24 PM (00:37:07)Clarification of Mayor Mayor Mehl outlined the action of the Policy Group arm of the ICS 06:23:21 PM (00:38:03)Questions continued Cr.Wallner asked about the lead time for a potential shelter in place order. He asked about the plan for emergency alert notifications. Cr.Cunningham asked about the role of social distancing’s effect on the wave of confirmed cases and what groups it may be affecting. He asked about the goal of buying time for the resources in our community. He asked about advice to the young and the fit as their role to the community. Cr.Pomeroy asked about changes to the coronavirus. Mayor Mehl asked about some of the efforts of partners in the ICS.He asked about communications with other communities and their responses. Cr.Pomeroy asked how the City can help other partners in the long-range recovery planning. She asked how the City can be helpful to new businesses that pop up to fill needs within the community, such as delivery services. Mayor Mehl outlined the procedures for the remaining agenda. Cr.Wallner asked about gatherings and the actions taken for addressing these types of situations. F.06:44:07 PM (00:58:50)Commission Disclosures There were no commission disclosures. G.06:44:15 PM (00:58:58)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Formal Cancellation of March 30, 2020 City Commission Meeting (Maas) 3.Authorize the Interim City Manager to Sign a Professional Services Agreement with Stifel, Nicolaus and Company for Underwriting Services for the issuance Midtown Urban Renewal Tax Increment Financing District Series 2020 Bonds (Donald) 4.Authorize the Mayor to Sign the Nest Preliminary Planned Unit Development (PUD) Findings of Fact and Order, Application 19372 (Rosenberg) 5.Authorize the Mayor to Sign the Nest Preliminary Plat Findings of Fact and Order, Application 19373 (Rosenberg) 186 Bozeman City Commission Meeting Minutes,March 23, 2020 Page 3 of 5 6.Authorize the Mayor to Sign the Findings of Fact and Order for the Cottonwood Major Subdivision Application 19410 (Krueger) 7.Authorize the Mayor to Sign the Findings of Fact and Order for the Allison Phase 4 Major Subdivision Application 19090 (Krueger) 8.Authorize the Interim City Manager to Sign a Public Access Easement with KS Devcor, Inc., for the Lakes at Valley West Phase 5B Subdivision, Final Plat 19490 (Rosenberg) 9.Authorize the Interim City Manager to Sign a Utility Easement with NorthWestern Energy for Telephone, Electric Power, Gas, Internet, Cable Television, or Other Similar Utilities or Services for the Public Safety Center Project (Nielsen) 10.Authorize the Interim City Manager to Sign a Public Park Easement with the Annex of Bozeman, LLC for the Bozeman Annex, Across Lot 1, Block 1, Kagy Crossroads Subdivision for the Annex of Bozeman Site Plan Application 19320 (Jadin) 11.Authorize the Interim City Manager to Sign an Agreement with Great Northwest Construction, Inc. for the West Aspen Street Design and Construction Project (Fine) 12.Ratify the Interim City Manager's Signature on the Third Amendment to the Professional Services Agreement with HRDC for Affordable Housing Services (Andreasen) 13.Authorize the Interim City Manager to Sign Task Order Number 4 for Environmental Permitting for the Manley Ditch Rehabilitation Project Under the Authority of a Previously Executed Professional Services Master Task Order Agreement with DOWL, LLC (Mehrens)  14.Authorize the Interim City Manager to Sign Amendment Number 3 to Task Order Number 2 of the Professional Services Master Task Order Agreement with AE2S, Inc. to Provide On-call Professional Engineering Services for Instrumentation and Control Systems (Heaston) 15.Authorize the Interim City Manager to Sign a Third Amendment to the Public Service Agreement with HDR Engineering, Inc. for Bidding and Construction Phase Services for the Davis Lane Lift Station and Norton Sewer Project (Murray) 16.Authorize the Interim City Manager to Sign a Second Addendum to the Professional Services Agreement with Sprout, Inc. Land and Hardscaping for Median and Grounds Maintenance Services (Van Delinder) 17.Authorize the Interim City Manager to Sign a Second Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and Maintenance Services (Van Delinder) 18.Authorize the Interim City Manager to Sign a Professional Services Agreement with Bozeman Arborcare for Boulevard Tree Removals (Nordquest) 19.Authorize the Interim City Manager to Sign a Professional Services Agreement with Morrison- Maierle for Cottonwood Road Improvements from Oak Street to Baxter Lane (Murray) 20.Authorize the Interim City Manager to Sign a Professional Services Agreement with DOWL, LLC to Provide Professional Engineering Design and Inspection Services for the New Hyalite View Sewer Improvements Project (Gamradt) 187 Bozeman City Commission Meeting Minutes,March 23, 2020 Page 4 of 5 21.Authorize the Interim City Manager to Sign a Task Order MID20-003 with Sanderson Stewart for Audrey’s Pizza Site Design and Modification Application (Fine) 22.Authorize the Interim City Manager to Sign a Notice of Award to Treasure State Inc. and Final Contract Documents Once Received Pending Legal Review for the North 7th Ave Streetscape Project (Fine) 23.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way Documents with 395 Gallatin Park Drive, LLC for Improvements to Manley Road Between Griffin Drive and City Limits (Special Improvement District 747)(Gamradt) 24.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way Documents with 795, LLC for Improvements to Manley Road Between Griffin Drive and City Limits (Special Improvement District 747)(Gamradt) 25.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way Documents with B & G Development, LLC for Improvements to Manley Road Between Griffin Avenue and City Limits (Special Improvement District 747)(Gamradt) 26.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way documents with MEGASPACE for Improvements to Manley Road Between Griffin Drive and City Limits (Special Improvement District 747)(Gamradt) 27.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way Documents with Montana Rail Link for Improvements to Manley Road Between Griffin Drive and City Limits (Special Improvement District 747)(Gamradt) 28.Authorize the Interim City Manager to Sign a Temporary Construction Permit and Right-of- way Documents with Old Marsh Holdings, LLC for Improvements to Manley Road Between Griffin Drive and City Limits (Special Improvement District 747)(Gamradt) 06:44:55 PM (00:59:37)Public Comment There were no public comments on Consent 06:45:20 PM (01:00:03)Motion and Vote I move to approve Consent Items 1-28 as submitted. The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve H.06:46:00 PM (01:00:42)Public Comment Mayor Mehl opened general public comments. 188 Bozeman City Commission Meeting Minutes, March 23, 2020 Page 5 of 5 06:46:59 PM (01:01:42)Public Comment, Danica Jamison Ms. Jamison representing Greater Gallatin United Way offered thanks to the City Commission and the staff to partner in providing emergency childcare for essential personnel. She outlined the framework of the agreement. She added that as much it is a health crisis it is an economic crisis. She highlighted the Southwest Montana Covid-19 Fund and the matching grant. I.06:54:29 PM (01:09:11)FYI/Discussion Cr. Wallner thanked staff for their work. Dm. Andrus highlighted the importance of filling out the Census online and upcoming information. Cr. Pomeroy thanked the citizens for their cooperation. Cr. Cunningham highlighted the efforts of staff and the work completed in such a short time. He thanked HRDC for their efforts to assist the community and asked if the City can augment their efforts. He pleaded with landlords in the community to consider rental relief. Mayor Mehl stated his agreement to assisting HRDC’s efforts for the community. He stated his thanks with other communities’ staff, other partners in the non-profit and private sectors. He highlighted the need for continued efforts on the Census. He thanked the Commissioners and citizens for their ideas and concerns. J.07:09:33 PM (01:24:15)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 189 Page 1 of 12 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 03, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Interim City Clerk (ICC) Mike Maas A.06:00:15 PM (00:14:23)Call to Order –6:00 PM - Commission Room, City Hall, 121 North Rouse B.06:00:28 PM (00:14:37)Pledge of Allegiance and a Moment of Silence C.06:01:21 PM (00:15:30)Changes to the Agenda D.06:01:28 PM (00:15:37)FYI Cr. Cunningham stated that on February 18, Rob Davies from University of Utah will be speaking about changing climate at Asbjornsen Hallon MSU campusas organized by the City’s sustainability coordinator Mayor Mehl stated tomorrow evening the Planning Board will be meeting in the Commission Room and will be reviewing the PCC/Triangle Plan. He also recommended Commissioners to review their advisory boards and consider recruiting members of the public to apply to fill vacancies. E.06:03:12 PM (00:17:21)Commission Disclosures DM Andrus disclosed she had met with members of BSD7 School Board about the exemption hearing and that she lives within a mile of the cohousing development but that there is no personal bias associated with the project. 190 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 2 of 12 Cr.Wallner disclosed that two members of his family are employed by BSD7 and that he will be recusing himself. Mayor Mehl disclosed that he met with BSD7 School Board members about the exemption hearing. F.06:05:13 PM (00:19:22)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Approval of Depository Bonds and Pledged Securities as of December 31, 2019 (Clark) 3.Authorize the Interim City Manager to Sign a Professional Services Agreement with Arbitrage Compliance Specialists, Inc for Arbitrage and Rebate Reporting Services for the Bozeman Public Safety Center Bond (Donald) 4.Approve the Final Plat for the Boulder Creek Phase 3 Subdivision, Authorize the Director of Public Works to Sign the Same, and Authorize the Director of Community Development to Sign the Improvements Agreements on Behalf of the City of Bozeman, Application 19233 (Garber) 5.Resolution 5112, Accepting the Preferred Alternative in the Preliminary Engineering Report and Affirming Adequate Resources to Construct and Maintain the Davis Lift Station and Norton East Ranch Outfall Sewer Interceptor Project (Murray) 06:05:18 PM (00:19:27)City Manager Overview ICM Taylor provided the highlights of the consent agenda. 06:05:31 PM (00:19:40)Public Comment on Consent There was no public comment. 06:05:51 PM (00:20:00)Motion and Vote to approve Consent Items 1-5 as submitted.The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve G.06:06:16 PM (00:20:24)Public Comment Mayor Mehl opened public comments. 06:07:05 PM (00:21:13)Steve Kirchoff, Public Comment Mr. Kirchoff commented that Ord. 2033 and the B-3+ management idea was a departure from the 191 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 3 of 12 political norm of resident initiation. He commented that the Parking Commission appears to be regulating neighborhoods, about fairness, and parking shortages. 06:12:08 PM (00:26:17)Allison Udall, Public Comment Ms. Udall commenting on Ord. 2033,as a small business owner of a bed & breakfast in the management area that the template should be created so that small businesses be taken into account. H.06:14:18 PM (00:28:27)Special Presentation 1.06:14:19 PM (00:28:28)City/County Board of Health Regarding Tobacco-Free Parks (Demorest) 06:14:50 PM (00:28:59)Presentation Heath Promotion Specialist Heather Demorest from the City-County Health Department presented information related to tobacco-free parks. 06:24:25 PM (00:38:34)Questions of Presenter Cr. Cunningham asked about pilot program data and why not take the presentation to Gallatin County. DM Andrus asked about signage in parks. Cr. Wallner asked about enforcement in other communities. Cr. Pomeroy asked about education efforts. Mayor Mehl asked about letters of support for the proposal. 06:34:11 PM (00:48:20)Questions of Staff Mayor Mehl asked about the pilot projects effectiveness. 2.06:36:12 PM (00:50:21)Second Quarter Financial Report (Donald) 06:36:25 PM (00:50:34)Staff Presentation Finance Director Kristin Donald presented the Second Quarter Financial Report, July 1, 2019 through December 31, 2019. 06:41:24 PM (00:55:33)Questions of Staff 3.06:45:28 PM (00:59:37)Process for External Agency Grant Requests (Donald) 06:45:40 PM (00:59:49)Staff Presentation Director Donald presented the formalized funding request process from outside entities for budget consideration. 06:48:41 PM (01:02:50)Questions of Staff 192 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 4 of 12 I.06:52:02 PM (01:06:11)Action Items 1.06:52:30 PM (01:06:39)The Bozeman Cohousing Annexation and Zone Map Amendment to Annex and Designate Approximately 5.3 Acres at 3120 Wagonwheel Road to R-3, Residential Medium Density District, Application 19468 (Saunders) 06:52:35 PM (01:06:44)Staff Presentation Community Development Planning Program Manager Chris Saunders presented the staff report for Application 19468 for the annexation and zone map amendment located at 3120 Wagonwheel Road.He presented an explanation of Zoning authorization by Montana Code and a comparison of the R-1 and R- 3 zoning designation in response to public comment. 07:08:39 PM (01:22:48)Questions of Staff Cr. Pomeroy asked about the project’s effect on housing. She asked about the property’s status as a surrounded inholding and the need of infrastructure improvements. DM Andrus asked about zoning abutment of R-3 districts next to R-1.She asked about staff’s traffic analysis. She asked about the riparian area within the property. 07:26:28 PM (01:40:37)Presentation of Applicant Eric Bonnett, the architect retained by applicant, made the presentation. He highlighted Community Housing Action planning as an attempt to achieve housing for the “missing middle” through increased flexibility and cost effectiveness of design. He described the heterogeneous land use in the area and his opinion on compatible diversity of housing types. 07:38:55 PM (01:53:04)Questions of Applicant Cr. Pomeroy asked about the projects effect on housing shortages. Cr. Wallner asked about the projects impact on wildlife habitat. 07:43:28 PM (01:57:37)Public Comment Mayor Mehl opened public comments 07:43:43 PM (01:57:52)Patty Cowles, Public Comment Patty Cowles commented that she has lived in the neighborhood for 38 years. She wants to remain in the neighborhood after she has to leave her current larger home. She supports the application. 07:45:56 PM (02:00:05)Karen Kitchen, Public Comment Ms.Kitchen commented on the previous lack of housing diversity in the neighborhood. She stated that the City should have diversity of housing options within a neighborhood. She supports the application. 07:48:04 PM (02:02:13)Dorothy Descartes, Public Comment 193 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 5 of 12 Ms. Decartes commented on her relationship with the previous property owner and her enthusiasm for the proposed use. She stated the intentional use will foster greater community relationships. She supports the application. 07:51:07 PM (02:05:16)Dwayne Morris, Public Comment Mr. Morris commented that he lives in the protest area. He stated that R-3 zoning does not fit and feels wrong. 07:51:56 PM (02:06:04)Suzanne Kellen, Public Comment Ms. Kellen commented the she supports the application. She enjoys the walkability of Bozeman but has struggled to find an option to purchase a home within walkable distance of work on campus. She is looking for the missing middle housing and a sustainable lifestyle. 07:53:50 PM (02:07:59)Catherine Dayton, Public Comment Ms. Dayton commented that she enjoys the cohousing group and became a member of the group after attending an informational meeting. She appreciates the intentional design as a counterpoint to increasing house sizes. 07:56:51 PM (02:11:00)Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19468 and move to approve the Bozeman Cohousing Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 07:57:33 PM (02:11:42)Discussion Cr. Pomeroy agrees with staff recommendation and will support the application. DM Andrus stated that the application meets seven of the goals, two found neutral, all 18 policies, and want to be part of the City. She will support the motion. Cr. Wallner disagrees with staff’s findings that it is a wholly surrounded inholding and believes traffic will be a problem. He will not support annexation. Cr. Cunningham stated he sees this application as a fine candidate for annexation. Will support Mayor Mehl stated that the applicant meets the requirements and wants to be in the City. He will support the motion. 08:02:50 PM (02:16:59)Vote on the Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19468 and move to approve the Bozeman Cohousing Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties.The motion passed 4-1. 194 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 6 of 12 Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 08:03:07 PM (02:17:16)Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19468 and move to approve the Bozeman Cohousing Zone Map Amendment, with contingencies required to complete the application processing. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd 08:03:46 PM (02:17:55)Discussion Cr. Pomeroy agrees with designation of R-3 zoning for sustainability and diversity of housing reasons. DM. Andrus stated that the application meets all but one of the criteria, it is an in-fill development that is underutilized. She believes it will improve safety and facilitate the provision of City services. She will support the zone map amendment. Cr. Wallner disagrees that this application respects the context of the existing development that surrounds it. He stated a comparison of Seattle and Minneapolis’ aggressive up-zoning and will not support the motion. Cr. Cunningham stated his appreciation of public commenters indicating how they want Bozeman to grow, both in person and in writing. He encouraged the public to look at the Community Plan as it guides Commission decisions. He stated that the Commission requires housing diversity in new developments. Mayor Mehl stated that he will support the motion. He reiterated that the Commission is only part way through the process. 08:15:25 PM (02:29:34)Vote on the Motion having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19468 and move to approve the Bozeman Cohousing Zone Map Amendment, with contingencies required to complete the application processing.The motion passed 4-1. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 195 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 7 of 12 Commissioner -Michael Wallner: Disapprove 08:15:40 PM (02:29:49)Recess Mayor Mehl called the meeting into recess until 8:22 PM. 08:23:57 PM (02:38:06)Call to Order Mayor Mehl called the meeting back to order. 2.08:24:06 PM (02:38:15)Ordinance 2033, Provisional Adoption Establishing a Downtown Parking Management District and Parking Benefit Zones (PBZ) and Authorizing the Bozeman Parking Commission to Create, Modify, Dissolve, and Operate PBZs Within the Downtown Parking Management District (Meece) 08:25:14 PM (02:39:23)Presentation of Staff Economic Development Director Brit Fontenot, Urban Renewal Program Manager David Find,and Parking Manager Ed Meece presented the Bozeman Parking Commission’s proposal to develop a framework for Parking Benefit Zones to share on-street parking between stakeholders.He clarified that tonight’s action was to provide the option to create future Benefit Zones,not to create a specific zone. 08:36:02 PM (02:50:10)Questions of Staff DM Andrus asked if the City had any PBZs and what zones the City currently has. She asked about Parking Commission authority. She asked about the requirements to purchase a permit in a PBZ. She asked for clarity on the 85% rule. She asked about the creation of a PBZ. Cr.Wallner asked about estimated costs. He asked about License Plate Reader (LPR) technology data collection, its use, and the process of how the City handles that data. He asked for clarification regarding the process of creating, modifying, or dissolving a PBZ. Cr.Cunningham asked about the problem that a PBZ is designed to solve. He asked for additional clarity on the 85% rule. He asked about the size of a potential PBZ. He asked for clarification about the number of residential permits available per person or per dwelling.He asked about the intent of PBZ and whether they will be created in the B-3 zone. He asked about PBZ compliment to other parking options in the Downtown Parking Strategic Management Plan.He asked about the 60% threshold of petitions as it relates to residents of apartments. He asked how this proposal ties in with the Downtown Parking Strategic Management Plan for future off-site parking. He asked about the role of License Plate Readers (LPR) in determining residency within a PBZ. He asked about specific guarantee of parking spots. He asked about the size of PBZ creation. He asked about costs, expenses of enforcement, and PBZ revenues. He asked about special accommodations for people with no available off-street parking. Cr.Pomeroy asked who wants a PBZ. She asked about input from downtown businesses and their employees’ need for permits. DM Andrus asked about purpose for this discussion. She asked about the notice period for creation of a PBZ. She asked about fine amounts. She asked about the exclusion of apartments from the current 196 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 8 of 12 Ordinance. She asked about grandfathering of parking through affordable housing criteria. She asked about the flexibility of revenues application to other projects. She asked about the creation of a PBZ and its review through the 85% rule. 09:39:10 PM (03:53:19)Meeting Extended Mayor Mehl extended the meeting to 11PM. 09:39:27 PM (03:53:36)Discussion Continued Cr. Wallner asked about staff’s recommendation for one permit per dwelling. Cr. Cunningham asked about PBZ permits use in meeting a development’s minimum parking requirements. Cr. Pomeroy asked times and days of enforcement of a PBZ. Mayor Mehl asked for clarity between the Downtown Parking Management District and PBZs. He asked about a lower threshold to trigger the creation of a PBZ from the 85% rule. He asked about the monthly issuance of permits related to the data collected. He asked about how often data will be released to the public. He asked about the potential of a shuttle program. He asked for clarity regarding the exclusion of apartments. He asked about the delegation of authority to the Parking Commission. He asked about the potential for a resale market. Cr. Cunningham asked if the language excluding apartment residents is discriminatory language. Cr. Wallner asked about the delegation of authority to the Parking Commission and the potential of including an appeals process. 10:05:59 PM (04:20:08)Public Comment The Mayor opened for public comment. 10:06:19 PM (04:20:28)Mark Egge, Public Comment Mr. Egge offered comment on the delegation of authority to the Parking Commission and the creation of a new tool for the Parking Commission to manage on-street parking. He noted that the exclusion of apartments may adversely affect current residents and proposed grandfathering current apt 10:09:20 PM (04:23:29)Jeannie Gracie, Public Comment Ms. Gracie stated that she felt more confused after the presentation and questions than she entered into the meeting but that this proposal feels bad. She feels that developers are the cause. She asked about the definition of low-cost. She asked about multiple vehicles applied to one permit. She asked about developers not providing required parking. 10:12:29 PM (04:26:38)Margie Smith, Public Comment Ms. Smith stated that she is happy to share the resource of on-street parking. She is not happy with sharing with developers of business buildings or condo buildings that have not built enough parking. 10:14:45 PM (04:28:54)Laurie McKinney, Public Comment Ms. McKinney stated concern about the no trailers, RVs, or campers availability in a PBZ. She asked 197 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 9 of 12 about rotating parkers for a music teacher. She asked about the parking of construction vehicles within a zone. 10:16:47 PM (04:30:56)Jane Jelinski, Public Comment Ms. Jelinski stated that if residents had known they may have to pay to park on their street they may not have supported the creation of their SID to repair N. Tracy Ave. She stated that these zones are to the benefit of developers. She framed it as a social justice issue. 10:19:26 PM (04:33:35)Susan Hankins, Public Comment Ms. Hankins stated her issue with the definition of the 85% rule; she pointed out the lack of peak period in the proposed document. She stated that she believes the analytic data is hypothetical and that it is in error to vote on an Ordinance without first seeing the data. 10:21:15 PM (04:35:24)Kathy Docivel, Public Comment Ms. Docivel asked for hang tags instead of stickers for permits. She asked why not issue a permit per vehicle if they are to benefit the residents. She asked why limit what can park if the purpose is to benefit the resident. She wants them to be for the number of vehicles. She expressed her confusion on the issuance of commuter permits. She asked how this applies to short-term rentals and businesses and if people take a permit. She asked about the difficulty of proving residence when keeping an out of state vehicle registration. She asked about excess revenue and whether parking tickets apply within the zone. She stated about developers not creating enough spaces to the detriment of other residents. 10:25:24 PM (04:39:33)Jim Ness, Public Comment Mr. Ness, Chair of the Parking Commission, spoke in support of the Ordinance. He spoke on the role of the Parking Commission to balance multiple needs. He stated that we have available parking spaces and that we need to provide better data to the public of where that availability is at. He highlighted the process that went into creating this potential Ordinance and its place in the Downtown Improvement Plan. 10:28:22 PM (04:42:31)Whitney Lutey, Public Comment Ms. Lutey stated that her personal challenge is living in an R-2 zone between two B-3 zones. She inquired about the balancing act between the zones. She noted that she owns a short-term rental and has concerns for how the zones would affect that property without of street. She expressed concern about the parking of a construction trailer in a zone. 10:31:28 PM (04:45:37)Kathy Powell, Public Comment Ms. Powell, representing the Inter-neighborhood Council (INC), highlighted the recommendation from INC that the City Commission and not the Parking Commission should have the final decision for creation or dissolution of a PBZ. She stated that the Ordinance should contain the 60% petition language. She encouraged the City Commission to keep the restrictions on apartments and visitor permits in the zones. She expressed the concerns of competition for spaces. She offered an exception for age dependent apartment buildings that may not have parking 198 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 10 of 12 10:35:20 PM (04:49:29)Doug Klniger, Public Comment Mr. Klingert stated that the City Commission should not act on the Ordinance tonight. He stated issues with the public notification time period and with the Ordinance not containing the necessary language. 10:38:01 PM (04:52:10)Kevin Bernard, Public Comment Mr. Bernard stated that he lives on the border of the B-3 and R-2 and owns a business and residence in the proposed district. He asked how to handle a situation such as his. He stated concern with balancing the B-3 parking restrictions on a BPZ. He stated additional concern competing with parking from the Merrin Building. He stated that developers are creating issue 10:41:04 PM (04:55:13)Linda Simmones, Public Comment Ms. Simmones asked the Commission to postpone decision on the Ordinance. She stated concern with the delegation of authority to the Parking Commission. She stated issue with the lack of the 60% petition in the Ordinance. She stated concern with the Ordinance’s lack of definition of the 85% rule. She asked about how the Ordinance would handle volunteers at neighborhood schools. 10:43:41 PM (04:57:50)Brian Gallik, Public Comment Mr. Gallik, an attorney whose firm has represented downtown business owners and the City in the past, stated that the parking issues are a result of the City’s policies to allow developers to build without adequate parking. He stated that there has not been sufficient public vetting of this Ordinance and the delegation of the authority. He stated that notice in this process needs to be improved. He stated that appeal decision process needs to be improved. 10:47:34 PM (05:01:43)Paul Neubauer, Public Comment Mr. Neubauer, Parking Commissioner, stated that there are a number of moving parts in an action such as this. He stated that this Ordinance is another tool to help mitigate impacts on residents. He encouraged the Commission to decide whether they are going to give the Parking Commission the authority. He wanted to ensure residents that the process to create a BPZ would take multiple meetings. He indicated his desire to increase the petition portion of the process. 10:51:19 PM (05:05:28)Response of Staff Staff responded to public comments. 10:59:28 PM (05:13:37)Meeting extended Mayor Mehl extended the meeting until 11:30 PM. 11:02:06 PM (05:16:15)Motion and Vote to continue this item until March 2nd. The motion passed 5-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve 199 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 11 of 12 Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy:Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 3.11:03:56 PM (05:18:05)Resolution 5126, Approving Certain Infrastructure Improvements in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Issuance of Tax Increment Urban Renewal Revenue Bonds to Pay Costs Thereof; Preliminary Authorization of the Issuance and Private Sale of Bonds and Authorizing the Process for Selecting a Purchaser Thereof (Fine) Item Continued to February 10, 2020 J.11:05:40 PM (05:19:49)Other Public Hearing 11:05:52 PM (05:20:01)Cr.Wallner recused himself 1.Bozeman High School District 7 Gallatin High School Signage Modification Exemption Hearing, Application 19497 (Krueger) 11:06:17 PM (05:20:26)Staff Presentation Development Review Manager Brian Krueger presented the modification of BSD7’s Gallatin High School for two signs. The intended signs are animated LED signs, one at the track and the other on the front of the building. 11:09:42 PM (05:23:51)Questions of Staff Cr. Pomeroy asked about Commission authority and requirement of the hearing. Mayor Mehl asked for clarification on what a photometric electrical sight plan is. 11:11:52 PM (05:26:01)Presentation of Applicant Nathan Helfrich, architect with Cushing Terrell presented the photometric electrical sight plan, the display board for the track, and the reader board adjacent to the high school. 11:14:36 PM (05:28:44)Questions of Applicant Mayor Mehl asked about landscaping buffer and the possibility of relocating the reader board along Main Street near Bozeman High. 11:17:15 PM (05:31:24)Public Comment There was no public Comment 11:17:28 PM (05:31:37)Discussion 200 Bozeman City Commission Meeting Minutes, February 3, 2020 Page 12 of 12 K.11:21:54 PM (05:36:03)FYI/Discussion Mayor Mehl stated interest for tobacco-free parks along with Cr. Wallner and Cr. Cunningham. L.11:22:43 PM (05:36:52)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 201 Page 1 of 22 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 13, 2020 THIS RECORDING BEGINS AT ITEM E Previous portions of the meeting can be viewed here: https://media.avcaptureall.com/session.html?sessionid=d9b8fe52-5bb2-4c0b-89e3- 7a9f1b724ea7&prefilter=654,3835 Staff Present at the Dais:Interim City Manager (ICM) Dennis M. Taylor, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Chuck Winn, Community Development Director Martin Matsen, Interim City Clerk (ICC) Mike Maas, Meeting Clerk Tom Londe A.Call to Order –4:00 PM -Commission Room, City Hall, 121 North Rouse B.Authorize Absence -Commissioner Michael Wallner C.Action Item 1 1.Discussion Regarding City Manager Profile and Recruitment Process  D.Pledge of Allegiance and a Moment of Silence 06:00:09 PM (00:13:42)Call to Order Mayor Mehl called the meeting back to order.Cr.Wallner joined the meeting. Mayor -Chris Mehl: Present Deputy Mayor -Cynthia Andrus: Present Commissioner -I-Ho Pomeroy: Present Commissioner -Terry Cunningham: Present Commissioner -Michael Wallner: Present 202 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 2 of 22 E.06:00:28 PM (00:14:01)Changes to the Agenda ICM Taylor added FYI after disclosures. F.06:00:54 PM (00:14:27)Public Service Announcement 1.No City Commission Meeting and City Offices Closed on January 20, 2020 in Observance of Martin Luther King, Jr. Day G.06:01:19 PM (00:14:52)Commission Disclosures No disclosures 06:01:25 PM (00:14:58)FYI: Mayor Mehl announced that the Planning Board will meet in the Commission Room regarding the Community Plan H.06:02:00 PM (00:15:32)Minutes 1.Approve the Regular Meeting Minutes from December 2, December 9, and December 16, 2019, Special Meeting Minutes from December 5 and December 11, 2019, Executive Session Minutes from December 5, 2019, and User Access to Linked Minutes (Maas) 06:02:28 PM (00:16:01)Motion and Vote to approve the combined City Commission minutes from December 2, December 5, December 9, December 11, and December 16, 2019 as submitted. The motion passed 5-0. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Terry Cunningham: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve I.06:03:09 PM (00:16:41)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Formal Cancellation of January 20, 2020 City Commission Meeting (Maas) 3.Authorize the Interim City Manager to Sign the First Amendment to the Professional Services Master Task Order Agreement with Design 5, LLC for Median Landscape Design Professional Services.(Ahlstrom) 203 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 3 of 22 4.Authorize the Interim City Manager to Sign Amendment Number 8 to the Durston and Cottonwood Roads Improvements Project for the Durston Road from Flanders Mill to Fowler Avenue Construction Phase (Murray) 5.Authorize Interim City Manager to Sign License Agreement with Merin Property Owner, LLC and Dick Anderson Construction for Use of Community Gardens for Construction Staging for the Merin Building (Sullivan) 6.Award Bid of the New Dump Truck to Floyd’s Truck Center in Belgrade Montana and Authorize the Interim City Manager to Sign Purchase Agreement for the Total Amount of $96,170 (Pericich) 7.Resolution 5125, Calling a Public Hearing to Approve Certain Public Infrastructure Improvements in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and to Finance the Project Through the Issuance of Tax Increment Urban Renewal Bonds; and Making a Reimbursement Declaration in the Event that Tax-Exempt Bond Proceeds Reimburse Original Expenditures of the City (Fine) 8.Resolution 5128, Authorizing the Mayor to Sign Change Order Number 1 to the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Ahlstrom) 06:03:00 PM (00:16:33)Interim City Manager Overview ICM Taylor provided the highlights of the consent agenda. 06:03:35 PM (00:17:08)Motion to approve Consent Items 1-8 as submitted. The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 06:03:45 PM (00:17:18)Public Comment There was no public comment. 06:03:56 PM (00:17:29)Vote on the Motion to approve Consent Items 1-8 as submitted. The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve J.06:04:20 PM (00:17:52)Public Comment Mayor Mehl opened the meeting to public comment 204 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 4 of 22 06:05:02 PM (00:18:35)Michelle Alverson, Public Comment Ms.Alverson advocated that the City pursue changes to limitations upon regulating landlords in Montana Code Annotated. K.06:11:14 PM (00:24:47)Special Presentation Mayor Mehl introduced the role of special presentations for the upcoming year. 1.06:12:13 PM (00:25:46)Human Resource Development Council's Update on Homelessness in Bozeman (Menuez, HRDC) 06:12:44 PM (00:26:17)CEO Heather Grenier, Housing Director Shari Eslinger, and Housing and Health Coordinator Lila Fleishman presented the state of homelessness nationally and specifically in Bozeman. They presented the services utilized by community members and provided data on the amount of services used. 06:26:05 PM (00:39:38)Questions Cr.Pomeroy commented on the presentation and asked about data for positive outcomes related to homelessness and how the City can assist with HRDC’s work with homeless citizens. She also inquired about the status of Fork & Spoon. Cr.Wallner thanked HRDC for their work and asked if HRDC is familiar with the work done in Boise, ID. DM Andrus asked about other financial partners and commented on the work by the National League of Cities. Cr.Cunningham commented on the frequent users identified by the FUSE initiative and the need for self- sustaining funding. He asked about the cause of homelessness in our community. He asked about the number individuals on waiting lists and their duration for housing services. Mayor Mehl offered his thanks to HRDC for their presentation. He commented on the benefit to the City to hear from their community partners. L.06:39:45 PM (00:53:18)Action Items 2 1.06:39:57 PM (00:53:29)Resolution 5122, Creation of Special Improvement Lighting District 758, Nelson Meadows Subdivision (Donald) 06:40:10 PM (00:53:43)Staff Presentation Finance Director Kristin Donald explained this is the public hearing for SILD 758 for which there were no protests received. She talked about the type of lighting, location, and assessments. 06:41:11 PM (00:54:44)Questions of Staff Cr.Pomeroy asked about changes in lighting standards. Cr.Wallner asked about whether the cost’s presented was for this specific district or city-wide. 205 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 5 of 22 DM Andrus asked about light shields and adjustments to light intensity. Mayor Mehl asked for the highlight of the forthcoming lighting survey. 06:48:14 PM (01:01:47)Staff Clarification City Engineer Shawn Kohtz previewed the forthcoming results from the City’s lighting survey. 06:49:11 PM (01:02:44)Public Comment There was no public comment. 06:49:21 PM (01:02:54)Motion to adopt Resolution 5122, Creation of Special Improvement Lighting District Number 758, North Meadows Subdivision. Commissioner -I-Ho Pomeroy: Motion Commissioner -Michael Wallner: 2nd 06:49:40 PM (01:03:13)Discussion Cr.Pomeroy stated she will support the motion. Cr.Wallner stated the importance of lighting districts for public safety.He will support the motion. DM Andrus stated she is looking forward to the future presentation and how to deal with overlighting and to comply with the Dark Skies Initiative. She will support the motion. Cr.Cunningham stated he will support the motion and added he too is looking forward to the future lighting presentation. 06:50:53 PM (01:04:26)Vote on the Motion to adopt Resolution 5122, Creation of Special Improvement Lighting District Number 758, North Meadows Subdivision.The motion passed 5-0. Commissioner -I-Ho Pomeroy: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 2.06:51:27 PM (01:04:59)Resolution 5123, Amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20).(Donald) 06:51:43 PM (01:05:16)Staff Presentation Finance Director Donald presented the changes to the current fiscal year’s budget. 206 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 6 of 22 06:54:14 PM (01:07:46)Questions of Staff Cr. Wallner asked when the first bid for the project occurred. He asked about lack of need for snowplowing and if it is part of this project. DM Andrus asked about the funding related to vacancy savings. Cr. Cunningham asked what projects were forgone to create the savings expended by this project. Cr. Pomeroy asked why the Public Works Administration fund was not adjusted. Mayor Mehl asked about funding from Information Technology and Planning portions of the funding adjustment. 06:58:50 PM (01:12:23)Public Comment No public comment 06:59:06 PM (01:12:39)Motion to approve Resolution 5123, amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd 06:59:28 PM (01:13:01)Discussion Cr. Wallner looks forward to staff having an improved work space. He thanked staff for their work on a necessary project. He stated his support for the motion. DM Andrus stated her support for the motion. Cr. Cunningham thanked staff and appreciated the project’s improvements to workflow and morale. Cr. Pomeroy stated her support for the motion. Mayor Mehl spoke to the improved customer service result of this project. 07:01:38 PM (01:15:10)Vote on the motion to approve Resolution 5123, amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). The motion passed 5-0. Commissioner - Michael Wallner: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 3.07:01:52 PM (01:15:25)Resolution 5120, Adoption of Annexation and Provisional Adoption of Ordinance 2037 Regarding Annexation of 0.388 acres and Adjacent Right-of-way and Amending the City Zoning Map for the Establishment of a Zoning Designation of R-3 207 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 7 of 22 Residential Medium Density District at 2504 W. Mendenhall Street, Application 19462. (Saunders) 07:02:35 PM (01:16:08)Staff presentation Community Development Manager Chris Saunders presented the staff report and recommendations on the annexation and zoning designation of application 19462. 07:10:33 PM (01:24:06)Questions of Staff DM Andrus asked about the standards of roads included in the application. Cr.Cunningham asked about the driving force for this application and the Zoning Commission’s action. Cr.Pomeroy asked about unannexed islands in this area and if the applicant will be paying for upgrades. Cr.Wallner asked about the infill definition and specific zoning designation in the application. Mayor Mehl asked about spot zoning criteria and the contiguous zoning extension. He asked for clarification regarding the potential of intensification of density. 07:21:01 PM (01:34:33)Applicant Presentation Tanner Skelton spoke to the application’s zoning request and the process of annexation. He stated the need for the application was due to a failed septic system. 07:24:24 PM (01:37:57)Questions of the Applicant Cr.Cunningham spoke to the flexibility offered by the Commission to the City Manager. He asked whether the remedy to the applicant’s immediate concern was to their satisfaction. Cr.Pomeroy asked about costs associated with connecting to City services. Cr.Wallner asked about the two units. Mayor Mehl asked if the applicant had seen the staff report and if he had any issues with it. 07:27:35 PM (01:41:08)Public Comment There was no public comment. 07:27:54 PM (01:41:27)Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Terry Cunningham: 2nd 07:28:22 PM (01:41:55)Discussion DM Andrus stated her support of the application due to meeting of City’s goals for annexation. Cr.Cunningham commented on the likelihood of similar future emergency annexations and their 208 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 8 of 22 financial burden. Cr. Pomeroy commented on the need for the City to help with financial needs of annexation. She will support the motion. Cr. Wallner stated he will not support the motion as it is out of character for the neighborhood. Mayor Mehl stated he will support the motion. 07:33:59 PM (01:47:31)Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City.The motion passed 4-1. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Disapprove 07:34:17 PM (01:47:50)Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to provisionally adopt Ordinance 2037, the 2504 W Mendenhall Street Zone Map Amendment. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd 07:34:40 PM (01:48:13)Discussion DM Andrus stated she will support the motion because the applicant meets the required four goals in the Growth Policy. Cr. Cunningham stated support for the motion. Cr. Pomeroy stated support for the motion. Cr. Wallner stated he will not support the motion because R-3 zoning designation is inconsistent with the character with the neighborhood. Mayor Mehl agreed with the staff recommendations and will support the motion. 07:38:04 PM (01:51:36)Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. The motion passed 4-1. 209 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 9 of 22 Deputy Mayor -Cynthia Andrus: Motion Commissioner -Terry Cunningham: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Disapprove 4.07:38:34 PM (01:52:06)University Crossing 2020 Annexation and Zone Map Amendment, Annexation of 1.62 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B-2, Community Business District, Located Southwest of the Intersection of Kagy Blvd and Stockman Way, Application 19444 (Saunders) 07:39:09 PM (01:52:41)Staff Presentation Planner Saunders presented the staff report and recommendations on the annexation and zoning designation of application 19444. 07:43:00 PM (01:56:33)Questions of Staff Cr.Cunningham asked whether the applicant considered B-2M designation. Cr.Pomeroy asked about the difference between this action item and the previous action item regarding the lack of ordinances and resolution. 07:46:45 PM (02:00:17)Applicant Presentation Matt Hauser,Project Engineer with C&H Engineering presented for the applicant. 07:48:17 PM (02:01:49)Questions of Applicant Cr.Cunningham asked if the applicant’s representative agreed to the conditions contained in the staff report. 07:48:47 PM (02:02:20)Public comment There was no public comment. 07:48:59 PM (02:02:32)Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd 210 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 10 of 22 07:49:37 PM (02:03:10)Discussion Cr. Cunningham agreed with the staff report and staff findings. He will support the motion. Cr. Pomeroy stated she also agreed with staff’s recommendation and will support the motion. Cr. Wallner thanked staff and the applicant. 07:51:05 PM (02:04:38)Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 07:51:19 PM (02:04:52)Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Zone Map Amendment, with contingencies required to complete the application processing. Deputy Mayor - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd 07:51:39 PM (02:05:12)Discussion Cr. Cunningham stated the requirements for zoning. He agreed with staff’s recommendation and will support the motion. Cr. Pomeroy stated she will support the motion. Cm Wallner agreed with Cr. Cunningham in support of the motion and thanked the applicant. DM Andrus stated her support for the motion and supports a future designation of B2-M in the future. Mayor Mehl stated the Zoning Commission supported a B2-M designation. He stated he will support the motion. 07:53:30 PM (02:07:03)Vote on the Motion that having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Zone Map Amendment, with contingencies required to complete the application processing. The Motion Passed 5-0. 211 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 11 of 22 Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 07:53:43 PM (02:07:16)Recess Mayor Mehl called for a 10 minute recess 08:03:15 PM (02:16:48)Call to order Mayor Mehl called the meeting back to order. 5.08:03:22 PM (02:16:55)Presentation of City Manager’s Recommendations Regarding Objectives, Action Strategies, and Action Items from the Adopted Community Housing Action Plan (Matsen) 08:03:35 PM (02:17:08)Introduction ICM Taylor presented an introduction including an update since he was with the City two years ago. 08:06:15 PM (02:19:48)Commission Clarification Cr.Pomeroy asked about the possibility of adding action items. 08:09:08 PM (02:22:40)Staff Presentation Community Development Director Marty Matsen welcomed Tanya Andreasen, the City’s new Community Housing Program Manager. He highlighted affordable housing’s place within the City’s Strategic Plan, the objectives of the Community Housing Action Plan, the 19 action strategies, and staff’s seven recommended action items to implement those strategies. 08:28:38 PM (02:42:10)Questions of staff Cr.Pomeroy asked about the practicality of accomplishing the new seven action items. She asked whether staff looked into efforts from other cities. Cr.Wallner thanked Director Matsen and staff for their efforts. He asked about the effectiveness of inclusionary zoning. He asked about the requirements for deed restricted housing. He asked about staffing levels required to meet the action items. He asked about up-zoning actions by other cities. He asked about current regulatory limits and their effect on affordable housing. He asked about other cities’ efforts to adjust parking strategies related to up-zoning. DM Andrus asked about the audit and recommendations to the UDC and how that interacts with other action items. She asked about needs for additional capacity requirements to align Low Income Housing 212 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 12 of 22 Tax Credits census tracts and City zoning. She asked about City resource requirements resulting from actions led by community partners. She asked about criteria to allocate Community Housing Funds. Mayor Mehl asked for clarification on who will draft recommendation for criteria of fund requests. DM Andrus asked if any specific action items will result in a specified number of additional housing units. Cr. Cunningham asked for clarification from the Mayor regarding policy direction process. He asked about staff’s level of credence given to the strategic plan when developing action items. He asked about up-zoning’s representation in the seven action items. He asked how the City can move along strategies that are driven by community partners. He asked about the value of the Commission having a presentation regarding deed restriction and land trust housing. He asked for clarification regarding land trust housing. He asked whether review of the UDC and other City codes would provide affordable housing and the proper funding method for that effort. He asked about how LIHTC relates to code changes. Cr. Pomeroy asked for clarification on staffing levels of building inspectors. She asked about operating hours in Community Development. She asked about the timeline of building reviews to address a citizen complaint. She asked about balancing workloads of day-to-day operations with action items presented in the Community Housing Plan. DM Andrus asked about previous City efforts involving accessory dwelling units in relation to the recommended actions. Cr. Wallner asked about duplexes with an attached garage’s effect on affordable housing. Mayor Mehl noted CAHAB’s question on incentives alignment with UDC review. He asked for clarification on the audit and review of the UDC. He asked about CAHAB’s inquiry about rental subsidies. He asked about a timeline from CAHAB regarding evaluation criteria to utilize workforce housing funds. He asked about parking review’s position in the UDC review. He asked about a timeline upon adoption of recommendations. He asked for clarification about the development tracker provided in supplemental materials. He asked why Public/Private/Institutional Partnerships was not combined with Employer Assisted Housing. He asked about clarification around the pre-approved plans for ADUs and whether the number suggested would meet demand. He asked about the recommendation of no adjustments at this time. He asked about inclusionary zoning’s particulars for effectiveness*. He asked about including a requirement for alternative transportation related to up-zoning. DM Andrus asked how many ADU have been built resulting from the partnership with MSU and community demand for them. She asked whether providing pre-approved plans for ADUs would result in a valuable return on the City’s investment. 09:50:09 PM (04:03:42)Public Comment There was no public comment. 09:51:31 PM (04:05:04)Motion that having reviewed and considered the City Manager’s recommendations, public comment and all other information presented, I hereby move to accept the recommendations as outlined below. Commissioner - I-Ho Pomeroy: Motion 213 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 13 of 22 Commissioner - Terry Cunningham: 2nd 09:51:55 PM (04:05:28)Discussion Mayor Mehl asked for any overarching motions before discussion the action strategies individually. 09:52:08 (04:05:41)Amendment to the Motion that the CAHAB Commission liaison, in coordination with the City Manager, shall work with the Community Development Department to advance the action plan items that require coordination with community partners, providing regular updates to the Commission. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 09:52:45 PM (04:06:18)Discussion Cr. Cunningham spoke to his amendment. DM Andrus asked for clarification on the amendment for community partners. Mayor Mehl asked a follow up question whether Cr. Cunningham intended his amendment to only items recommended by staff or to any items in the Action Plan. DM Andrus asked if Cr. Cunningham intended his amendment to move on items not recommended from the CM or Director. Cr. Cunningham clarified the intent was directed at the action strategies that the City was not identified as the lead. Cr. Pomeroy asked for staff’s opinion on Cr. Cunningham’s amendment. 09:58:24 PM (04:11:57)Meeting Extended Mayor Mehl extended the meeting to 10:30 PM. 09:58:33 PM (04:12:06)Clarification of Staff Director Matsen and ICM Taylor responded to Cr. Pomeroy’s question. 09:59:58 PM (04:13:31)Discussion Continues Cr. Wallner asked for clarification from Cr. Cunningham on his amendment. Mayor Mehl asked for clarification on the reporting mechanism Cr. Cunningham recommended. He stated his support for the amendment. DM Andrus stated her uncertainty at this amendment setting precedent with how the Commission operates as a liaison. 10:06:28 PM (04:20:00)Vote on the Amendment to the Motion that the CAHAB Commission liaison, in coordination with the City Manager, shall work with the Community Development Department to advance the action plan items that require coordination with community partners, providing regular updates to the Commission. The amendment passed 5-0. 214 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 14 of 22 Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:07:27 PM (04:21:00)Discussion Mayor Mehl began addressing individual action strategies 1 through 19. 10:07:48 PM (04:21:21)Point of Order Cr. Cunningham offered a motion to amend Action Plan item 2 involving Tax Increment Financing. DM Andrus called for a point of order to clarify whether the amendment was intended to amend the previously adopted Action Plan. Mayor Mehl inquired of CA Sullivan the nature of the matter before the Commission. 10:08:38 PM (04:22:11)Staff Clarification CA Sullivan stated that amending the Action Plan is not before the Commission tonight. He stated that the Action Plan was adopted by resolution and that an amendment to the plan would have to be done by the same process. The matter before the Commission is the implementation of the Action Plan. Director Matsen stated that staff intended to bring a final draft of the Action Plan after input from the Commission. ICM Taylor agreed to a separate action before the Commission to amend the plan for final adoption. 10:13:30 PM (04:27:03)Amendment to the Motion to use TIF to incentivize long-term affordable housing with the districts including incentivizing ADUs and 1-bedroom units in the Downtown TIF and incentivizing tax-credit qualifying projects in Midtown TIF. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:14:02 PM (04:27:35)Discussion: Cr. Cunningham spoke to his motion. Cm Wallner asked for the opinion of Economic Development Director Brit Fontenot regarding the amendment. 10:14:58 PM (04:28:31)Staff Clarification Economic Development Director Fontenot asked why limit it to a specific district. 10:15:27 PM (04:29:00)Discussion Continues Cr. Cunningham offered to strike the last three words from his amendment, “in Midtown TIF.” 215 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 15 of 22 Mayor Mehl stated his willingness to accept a friendly amendment with no objection from the 2nd. Cr. Andrus had no objection. 10:15:49 PM (04:29:22)Vote on the Amendment to the Motion to use TIF to incentivize long-term affordable housing with the districts including incentivizing ADUs and 1-bedroom units in the Downtown TIF and incentivizing tax-credit qualifying projects. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:16:12 PM (04:29:45)Amendment to the Motion to add HRDC as a co-lead to strategy number three, Community Land Trust. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:16:32 PM (04:30:05)Discussion Cr. Cunningham spoke to the amendment. 10:16:58 PM (04:30:31)Vote on the Amendment to the Motion to add HRDC as a co-lead to strategy number three, Community Land Trust. The amendment passed 4-1 Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:17:13 PM (04:30:46)Amendment to the Motion and Vote to facilitate a presentation to the Commission concerning community land trust and deed restriction to inform the Commission regarding future action. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve 216 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 16 of 22 Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:18:32 PM (04:32:05)Amendment to the Motion to work with CAHAB to develop a recommendation on incorporating condominiums into the inclusionary zoning ordinance, possibly targeting 100 percent AMI. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:19:08 PM (04:32:41)Discussion Cm Cunningham spoke to the amendment that it provides specificity to staff what the Commission would like to see. Mayor Mehl asked about the significance of 100 percent AMI. 10:20:23 PM (04:33:55)Vote on the Amendment to the Motion to work with CAHAB to develop a recommendation on incorporating condominiums into the inclusionary zoning ordinance, possibly targeting 100 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:20:40 PM (04:34:13)Amendment to the Motion to research the feasibility of including multi-family rental units in the inclusionary zoning ordinance, possibly targeting 80 percent AMI. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 10:20:53 PM (04:34:26)Discussion Cr. Cunningham spoke to the motion that the intent is primarily legal research into what Montana Code allows. 10:21:22 PM (04:34:55)Staff Clarification CA Sullivan asked for clarification as to the nature of the amendment whether it was intended as a trigger or a satisfaction of inclusionary zoning. 217 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 17 of 22 10:23:31 PM (04:37:04)Discussion Continued Mayor Mehl asked whether the request was merely for a legal opinion or for the wisdom of including rentals in the inclusionary zoning. DM Andrus asked for clarification if Cr. Cunningham intended to add these to the recommended action items or suggesting a timeframe. 10:25:39 PM (04:39:11)Vote on the Amendment to the Motion to research the feasibility of including multi-family rental units in the inclusionary zoning ordinance, possibly targeting 80 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:25:50 PM (04:39:23)Amendment to the Motion and Vote to work with CAHAB to develop a recommendation regarding adjusting the single-family and townhome ownership requirements in the inclusionary zoning ordinance to include up to 120 percent AMI. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:28:05 PM (04:41:38)Amendment to the Motion to work with community partners to evaluate the establishment of home buyer assistance funds from non-city sources for home purchase made outside the inclusionary zoning ordinance. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:28:27 PM (04:42:00)Discussion Cr. Cunningham spoke to the motion to the willingness from the lending community to aid home purchases on a broader sense than inclusionary zoning but the City has a role in these discussions. Mayor Mehl asked for clarification if this is a work item for staff or an advisory role. 218 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 18 of 22 10:30:45 PM (04:44:17)Vote on the Amendment to the Motion to work with community partners to evaluate the establishment of home buyer assistance funds from non-city sources for home purchase made outside the inclusionary zoning ordinance. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:30:52 PM (04:44:25)Meeting Extended Mayor Mehl extended the meeting to 10:45 PM 10:31:46 PM (04:45:19)Amendment to the motion to add Bozeman Area Community Foundation as a co-lead on action strategy number eleven, Land Banking. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd 10:31:59 PM (04:45:32)Discussion Cr. Cunningham spoke to his motion that having a non-profit partner eligible to receive land donations is beneficial to the discussion. DM Andrus agreed as the foundation has the ability to do things the City cannot. 10:32:28 PM (04:46:01)Vote on the Amendment to the motion to add Bozeman Area Community Foundation as a co-lead on action strategy number eleven, Land Banking. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Cynthia Andrus: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:33:02 PM (04:46:35)Amendment to the Motion to combine action strategies number six and number twelve. Commissioner - Michael Wallner: Motion 219 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 19 of 22 Commissioner - Terry Cunningham: 2nd 10:33:38 PM (04:47:11)Staff Clarification Director Madsen asked if the intention was to retitle the new combined strategy while keep all action items under both. 10:33:59 PM (04:47:32)Vote on the Amendment to the Motion to combine action strategies number six and number twelve. The amendment passed 5-0. Commissioner - Michael Wallner: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:34:27 PM (04:47:59)Commission Clarification Cr. Cunningham asked about the possibility of combining action items under strategy number 18, Pre- Approved Planned Unit Development with action items under strategy number 13, Regulatory Barriers. 10:37:10 PM (04:50:43)Commission Clarification Cr. Cunningham stated that he thought the money dedicated to pre-approved ADU plans could be better allocated elsewhere. DM Andrus agreed with Cr. Cunningham. 10:37:44 PM (04:51:17)Commission Comment Cr. Cunningham commented that strategy number fifteen, Low Income Housing Tax Credits, are a high priority. 10:38:02 PM (04:51:35)Amendment to the Motion to conduct a legal review of Montana Code to determine the most appropriate sustainable funding sources for Commission review and consideration. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd 10:38:34 PM (04:52:07)Discussion Mayor Mehl asked Cr. Cunningham if he was aware that this amendment did not create an immediate action item. Cr. Cunningham acknowledge the Mayor and spoke to the motion that this strategy is one of the four pillars of the Housing Plan. He stated that there are limitations to what is permissible and this is the first 220 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 20 of 22 step to rule out what is not available. DM Andrus stated her belief that this was done during the process of developing the Housing Plan. Cr. Cunningham agreed that it was done in a vague way and the intent of his motion is to get specific recommendations. 10:40:32 PM (04:54:04)Vote on the Amendment to the Motion to conduct a legal review of Montana Code to determine the most appropriate sustainable funding sources for Commission review and consideration. The amendment passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve Commissioner - Michael Wallner: Approve 10:43:06 PM (04:56:39)Staff Clarification Director Matsen requested clarification on the Commission’s intention for recommendation two per- planned ADU’s. 10:43:53 PM (04:57:25)Commission Clarification Cr. Cunningham spoke to the role of the Convener with community partners. 10:45:36 PM (04:59:09)Meeting Extended Mayor Mehl extended the meeting to 11 PM. 10:45:55 PM (04:59:27)Discussion Continues Cr. Pomeroy general comment she hopes the City can accomplish the action items Cr. Cunningham offered thanks to staff for their efforts and offered his concerns about the future of the City. Cr. Wallner offered thanks to staff and spoke to the scope and size of the policy. DM Andrus offered her gratitude and identified the amount of work outlined in the action plan. Mayor Mehl offered his thanks to staff and citizens. 10:55:02 PM (05:08:35)Vote on the Motion that having reviewed and considered the City Manager’s recommendations, public comment and all other information presented, I hereby move to accept the recommendations as outlined below. The motion as amended passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve 221 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 21 of 22 Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 10:55:18 PM (05:08:51)Staff Clarification ICM Taylor recapped tonight’s actions and staff’s effort regarding these recommendations. 6.10:56:32 PM (05:10:05)Appointments to the Recreation and Parks Advisory Board (RPAB) (Maas) 10:56:48 PM (05:10:21)Motion and Vote I move to appoint five members to the Recreation and Parks Advisory Board for the terms specified by the individual positions.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve M.10:57:23 PM (05:10:56)FYI/Discussion N.10:57:27 PM (05:11:00)Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 222 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 22 of 22 223 Page 1 of 6 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 13, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Absent Staff Present at the Dais:Interim City Manager (ICM) Dennis M. Taylor, City Attorney (CA) Greg Sullivan, Assistant City Manager (ACM) Chuck Winn, Community Development Director (CDD) Martin Matsen, Interim City Clerk (ICC) Mike Maas, Meeting Clerk Tom Londe DUE TO TECHNICAL DIFFICULTIES VIDEO AND AUDIO RECORDING BEGIN DURING ITEM D. A. Call to Order –4:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Mehl called the meeting to order at 4:00 PM. B. 4:00 PM - Pledge of Allegiance and a Moment of Silence C. 4:02 PM - Authorize Absence -Commissioner Michael Wallner 4:02 PM -Motion and Vote to authorize the absence of Commissioner Michael Wallner. The motion passed 4-0. Deputy Mayor - Cynthia Andrus: Motion Commissioner - Terry Cunningham: 2nd Mayor - Chris Mehl: Approve Deputy Mayor - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 224 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 2 of 6 Commissioner -Michael Wallner: Absent D.Action Item 1 1.Discussion Regarding City Manager Profile and Recruitment Process  04:03:57 PM (00:00:00)Recording begins CPS-HR Consultant Joshua Jones presented an overview of the process and timeline. Deputy Mayor (DM) Andrus stated that she will be absent for the March 9, 2020 meeting. She requested information about the brochure. Cr.Cunningham asked about re-use of previously produced brochures. Cr.Pomeroy asked about contacting previously interested candidates. Mayor Mehl asked about process for editing the materials. DM Andrus stated that she would like a conversation with other Commissioners CA Sullivan informed the Commission on the timeline for producing meeting packet materials. 04:18:52 PM (00:14:55)Consultant Jones asked questions of the Commissioners’ views on unique attributes to attract candidates. Cr.Cunningham stated his views of positive recruitment features of the community. Cr.Pomeroy agreed with Cr.Cunningham and added additional positive recruitment features of the community. She requested an individual with experience with affordable housing. DM Andrus added her views of positive features for recruitment. Cr.Cunningham added additional views regarding relations with staff. Cr.Pomeroy stated her opinion that the candidate have experience with affordable housing programs. Mayor Mehl added his views on recruitment attractions. 04:29:45 PM (00:25:48)Consultant Jones responded to Commissioners suggestions. He asked about the work tasks and duties that would attract candidates. Mayor Mehl stated career items to help attract recruits for the City Manager position. DM Andrus stated her work tasks and duties for recruitment. Cr.Cunningham stated his opinion of work related highlights for recruitment. Cr.Pomeroy stated her list of work related highlights for recruitment. DM Andrus added additional highlight for recruitment. 04:39:31 PM (00:35:34)Consultant Jones asked about the person that would be an ideal candidate for the position. Cr.Cunningham sated his list of personal characteristics of an ideal candidate. Cr.Pomeroy stated her preferred list of personal characteristics of an ideal candidate. DM Andrus stated her preferred list of personal characteristics of an ideal candidate. Cr.Pomeroy added an additional characteristic. Mayor Mehl stated his agreement with previous items and highlighted his specific choices. 225 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 3 of 6 DM Andrus added an additional characteristic. 04:50:14 PM (00:46:17)Consultant Jones stated his satisfaction with the process and asked for any additional comments to wrap up the discussion regarding Phase 1 of recruitment. Cr.Cunningham asked about the applicant’s background in relation to candidate recruitment.He asked about challenges specific to Bozeman. DM Andrus asked about the process related to the staff. Cr.Pomeroy asked about compensation comparisons and the selling of the position to candidates. Cr.Cunningham asked about preparations for Commissioner’s one-on-one meetings. Mayor Mehl stated his interest in having a process involving the community and staff in addition to the Commission. Cr.Cunningham stated his interest in having a representative from the county for the panel. CA Sullivan highlighted the balance between Montana’s Right-to-privacy and Right-to-know to prepare candidates at the start of the process. Consultant Jones highlighted methods of introducing candidates to the community. DM Andrus stated her preference to a structured introduction of candidates. 05:12:19 PM (01:08:22)Recess Mayor Mehl called a recess until 6:00 PM. THE REMAINDER OF THIS MEETING CONTINUES IN ANOTHER VIDEO: https://media.avcaptureall.com/session.html?sessionid=0c92528a-89a2-4e52-8e23- 3db544019260&prefilter=654,3835 E.Changes to the Agenda F.Public Service Announcement 1.No City Commission Meeting and City Offices Closed on January 20, 2020 in Observance of Martin Luther King, Jr. Day G.Commission Disclosures H.Minutes 1.Approve the Regular Meeting Minutes from December 2, December 9, and December 16, 2019, Special Meeting Minutes from December 5 and December 11, 2019, Executive Session Minutes from December 5, 2019, and User Access to Linked Minutes (Maas) Consider the motion:I move to approve the combined City Commission minutes from December 2, December 5, December 9, December 11, and December 16, 2019 as submitted. 226 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 4 of 6 I.Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Formal Cancellation of January 20, 2020 City Commission Meeting (Maas) 3.Authorize the Interim City Manager to Sign the First Amendment to the Professional Services Master Task Order Agreement with Design 5, LLC for Median Landscape Design Professional Services.(Ahlstrom) 4.Authorize the Interim City Manager to Sign Amendment Number 8 to the Durston and Cottonwood Roads Improvements Project for the Durston Road from Flanders Mill to Fowler Avenue Construction Phase (Murray) 5.Authorize Interim City Manager to Sign License Agreement with Merin Property Owner, LLC and Dick Anderson Construction for Use of Community Gardens for Construction Staging for the Merin Building (Sullivan) 6.Award Bid of the New Dump Truck to Floyd’s Truck Center in Belgrade Montana and Authorize the Interim City Manager to Sign Purchase Agreement for the Total Amount of $96,170 (Pericich) 7.Resolution 5125, Calling a Public Hearing to Approve Certain Public Infrastructure Improvements in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and to Finance the Project Through the Issuance of Tax Increment Urban Renewal Bonds; and Making a Reimbursement Declaration in the Event that Tax-Exempt Bond Proceeds Reimburse Original Expenditures of the City (Fine) 8.Resolution 5128, Authorizing the Mayor to Sign Change Order Number 1 to the Sunset Hills Cemetery and Lindley Park Water Conservation Project (Ahlstrom) Consider the motion: I move to approve Consent Items 1-8 as submitted. J.Public Comment -Please state your name and address in an audible tone of voice for the record.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. 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 limit your comments to three minutes. K.Special Presentation 1.Human Resource Development Council's Update on Homelessness in Bozeman (Menuez, HRDC) L.Action Items 2 227 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 5 of 6 1.Resolution 5122, Creation of Special Improvement Lighting District 758, Nelson Meadows Subdivision (Massey) Consider the motion:I move to adopt Resolution 5122, Creation of Special Improvement Lighting District Number 758, North Meadows Subdivision. 2.Resolution 5123, Amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20).(Donald) Consider the motion: I move to approve Resolution 5123, amending the City’s Annual Budget for the Street Maintenance, Water, Wastewater, Solid Waste, Stormwater, and Public Works Admin Funds Appropriations for the Fiscal Year Ending June 30, 2020 (FY20). 3.Resolution 5120, Adoption of Annexation and Provisional Adoption of Ordinance 2037 Regarding Annexation of 0.388 acres and Adjacent Right-of-way and Amending the City Zoning Map for the Establishment of a Zoning Designation of R-3 Residential Medium Density District at 2504 W. Mendenhall Street, Application 19462.(Saunders) Consider the motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to approve Resolution 5120, the 2504 W. Mendenhall Street Annexation and authorize the Interim City Manager to sign the annexation agreement on behalf of the City. AND Consider the motion:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19462 and move to provisionally adopt Ordinance 2037, the 2504 W Mendenhall Street Zone Map Amendment. 4.University Crossing 2020 Annexation and Zone Map Amendment, Annexation of 1.62 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of B- 2, Community Business District, Located Southwest of the Intersection of Kagy Blvd and Stockman Way, Application 19444 (Saunders) Consider the motion:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 228 Bozeman City Commission Meeting Minutes, January 13, 2020 Page 6 of 6 AND Consider the motion:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 19444 and move to approve the University Crossing 2020 Zone Map Amendment, with contingencies required to complete the application processing. 5.Presentation of City Manager’s Recommendations Regarding Objectives, Action Strategies, and Action Items from the Adopted Community Housing Action Plan (Matsen) Consider the motion:Having reviewed and considered the City Manager’s recommendations, public comment and all other information presented, I hereby move to accept the recommendations as outlined. 6.Appointments to the Recreation and Parks Advisory Board (RPAB)(Maas) Consider the motion:I move to appoint five members to the Recreation and Parks Advisory Board for the terms specified by the individual positions. M.FYI/Discussion N.Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 229 Page 1 of 6 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, January 06, 2020 Mayor - Chris Mehl: Present Deputy Mayor - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Commissioner - Michael Wallner: Present Staff Present at Podium: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, Interim City Clerk Mike Maas, Meeting Clerk Tom Londe A.06:00:05 PM (00:01:58)Call to Order –6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 pm B.06:00:37 PM (00:02:30)Pledge of Allegiance and a Moment of Silence C.06:01:36 PM (00:03:28)Outgoing Mayor Comments from Mayor Andrus Mayor Andrus gave outgoing comments from her time as mayor. She thanked the community for their contributions and involvement. She declined to comment on Commission accomplishments over the last two years to give advice instead for incoming Mayor Mehl. Mayor Andrus gave incoming Mayor Mehl a few gifts. Deputy Mayor Mehl gave Mayor Andrus a gift. D.06:08:44 PM (00:10:37)Special Presentation ICM Taylor gave opening statements and then swore in Mayor Mehl. Assistant City Attorney Karen Stambaugh swore in Deputy Mayor Andrus. ICM Taylor swore in Cr. Wallner. He also recognized the prior swearing in of Judge Seel. Swearing in of Mayor Chris Mehl Swearing in of Deputy Mayor Cynthia Andrus Swearing in of Commissioner Michael Wallner 230 Bozeman City Commission Meeting Minutes, January 6, 2020 Page 2 of 6 Recognition of Swearing in of Judge Karl P. Seel E.06:14:10 PM (00:16:02)Changes to the Agenda No changes to the agenda F.06:14:20 PM (00:16:13)FYI ICM Taylor informed the Commission of Tom Londe’s Meeting Clerk and Mike Maas’ Interim City Clerk roles. G.06:15:09 PM (00:17:02)Commission Disclosures No disclosures. H.06:15:18 PM (00:17:11)Consent 1.Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 2.Confirm Bozeman Municipal Judge Karl P. Seel's Appointment of J. Colleen Herrington as Bozeman's Part-time Municipal Judge (Seel) 3.Approve the Final Plat for the Sundance Minor Subdivision, Authorize the Director of Public Works to Sign the Same on behalf of the City of Bozeman, and the Director of Community Development to Sign the Improvements Agreements on behalf of the City of Bozeman, Application 19307 (Rogers) 4.Authorize the Interim City Manager to Sign Three (3) Public Utility Easements, Two (2) Utility Access Easements, and Three (3) Temporary Construction Permits with Bozeman School District Number 7 for the Norton East Ranch Outfall Sewer Main Project (Murray) 5.Authorize the Interim City Manager to Sign a Customer Agreement with NorthWestern Energy for Burial of a Power Line at Westlake BMX Park (Fine) 6.Authorize the Interim City Manager to Sign a Professional Services Agreement with J. Horigan, Hidden Trail Counseling, to Cover Treatment Services for the Bozeman Veteran Eligible Treatment Services (V.E.T.S.) Court (Boundy) 7.Authorize the Interim City Manager to Sign Task Order Number 4 to the Professional Services Agreement with Altitude Training Associates, LLC for Construction Industry Erosion, Sediment, and Pollution Control Training (Greenhill) 8.Authorize the Interim City Manager to Sign Task Order Number 8 to the Professional Services Agreement with Sanderson Stewart for the Manley Road Reconstruction Right-of-way Acquisition Project (Gamradt) 9.Ratify the Interim City Manager's Signature on the Subaward Acceptance Form, the Federal Demonstration Partnership (FDP) Cost Reimbursement Research Subaward Agreement, and the Budget Certification with the Office of National Drug Control Policy for the Combating Opioid Overdose through Community Level Intervention (COOCLI)Funding (Boundy) 10.Resolution 5108, Certification of Delinquent City Assessments to Gallatin County (Clark) 231 Bozeman City Commission Meeting Minutes, January 6, 2020 Page 3 of 6 11.Resolution 5129, Authorizing the Interim City Manager to Sign Change Order Number 1 with Montana Civil Contractors, Inc. for the Durston Road from Flanders Mill Road to Fowler Avenue Project (Murray) 12.Resolution 5135, Authorizing the Interim City Manager to Sign Change Order Number G-2 with Western Municipal Construction, Inc. for the Pear Street Booster Station Rehabilitation Project (Murray) 13.Resolution 5130, Confirmation of Police Officers (Crawford) 06:15:14 PM (00:17:07)CM Overview ICM Taylor’s provided a brief overview of Consent Items 1-13. 06:16:14 PM (00:18:07)Public Comment Mayor Mehl opened public comment. 06:16:24 PM (00:18:17)Junie Gracie, Public Comment Ms. Gracie asked if there was anything in the consent about a crosswalk.Mayor Mehl noted that it would be in CIP shortly. 06:17:11 PM (00:19:04)Motion and Vote to approve Consent items 1-13 as submitted.The motion passed 5-0. Deputy Mayor -Cynthia Andrus: Motion Commissioner -Michael Wallner: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve I.06:17:48 PM (00:19:41)Special Presentation II 1.Swearing in of Judge J. Colleen Herrington ICM Taylor swore in Judge Herrington. J.06:19:04 PM (00:20:57)Public Comment 06:19:28 PM (00:21:21)Junie Gracie, Public Comment Ms.Gracie commented that she was very in favor of crosswalks on College Ave, especially between 8th and 11th Avenues. She noted that sometimes people stop and sometimes they do not. K.06:20:28 PM (00:22:21)Action Items 232 Bozeman City Commission Meeting Minutes, January 6, 2020 Page 4 of 6 1.06:20:33 PM (00:22:25)Resolution 5104, Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald) 06:21:05 PM (00:22:58)Staff Presentation Finance Director Donald gave an overview of what the CIP is and what goes into it. She covered the CIP process and timeline. Director Donald showed the current CIP breakdown. 06:24:20 PM (00:26:13)Questions of staff Cr. Wallner stated that he was not present for the Commission’s previous work on individual components of the CIP and had some clarifying questions on the document. He asked about the assumed 3% growth rate and whether or not that’s accurate. He asked if they should be replacing the Fire Department’s breathing apparatuses on a specific schedule and why it is unscheduled. He asked why there is a difference between two different noted costs for putting in fiber optic conduit. Cr. Pomeroy asked about revenue payback in certain years, and if those numbers were related to an SID. She asked why spending a certain amount for a specific project. Cr Pomeroy asked about the lack of project names on a specific page. She asked if they would be able to move a project earlier in the CIP. Cr. Cunningham asked about moving previous requests to move some SIP’s around in the CIP and how those moves worked. He asked about the total dollar amounts between scheduled and unscheduled CIP projects. Deputy Mayor Andrus asked why the CIP approval was an action item and not merely under consent. Mayor Mehl asked if the previously commented upon College Street crosswalks made it on the CIP. 06:38:48 PM (00:40:41)Public Comment No public comment 06:39:08 PM (00:41:01)Motion to adopt Resolution 5104, Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd 06:39:20 PM (00:41:13)Discussion Cr. Pomeroy commented on her support for the CIP. Cr. Cunningham thanked the staff for developing the CIP. He noted that the community needs cost a lot of money and wanted to make sure those needs were tended to. He noted that this CIP was dependent on the Parks and Trails District passing, and things would need to be reassessed if it does not pass. He commented on the importance of incorporating sustainability into the plan. He will support. Mayor Mehl thanked the staff for their work. He commented on how much of the budget is spent on CIP projects. 233 Bozeman City Commission Meeting Minutes, January 6, 2020 Page 5 of 6 06:44:58 PM (00:46:51)Vote the Motion to adopt Resolution 5104, Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2021-2025.The motion passed 5-0. Commissioner -Michael Wallner: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve 2.06:45:25 PM (00:47:18)Appointment to the Trails, Open Space and Parks Committee (TOP) (Maas) 06:45:49 PM (00:47:42)Motion and Vote to appoint Matt Hausauer to the Trails, Open Space and Parks Committee, Recreation and Parks Member Position, with a term ending April 15, 2021.The motion passed 5-0. Commissioner -Terry Cunningham: Motion Commissioner -I-Ho Pomeroy: 2nd Mayor -Chris Mehl: Approve Deputy Mayor -Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve Commissioner -Terry Cunningham: Approve Commissioner -Michael Wallner: Approve L.06:46:34 PM (00:48:27)FYI/Discussion Deputy Mayor Andrus wanted to call attention to Consent Item 6 regarding the V.E.T.S.Court. She asked the City Manager to have a presentation on what the program has accomplished. She also wanted to thank everyone who came to support her this evening. Cr. Wallner wanted to recognize folks who came to the meeting to support him tonight and the community. Cr.Pomeroy wished everyone happy new year and thanked everyone. Mayor Mehl wanted to thank his family for being here. He commented on the honor to be on the Commission as well as other forms of public service. M.06:50:09 PM (00:52:01)Adjournment Mayor Mehl adjourned the meeting at 6:50 PM. N.Reception with Hors d’oeuvres *A quorum of the City Commission will be present for this item. The City Commission will not hear, discuss, or act on any issues under their purview during this item. No minutes or recording will occur for this item. 234 Bozeman City Commission Meeting Minutes, January 6, 2020 Page 6 of 6 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 235 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Accept Resignation of City Commissioner Michael Wallner MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:Accept City Commissioner Michael Wallner’s resignation effective at 6:00 a.m., Friday, March 12, 2021. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On March 12, 2021, City Commissioner Michael Wallner resigned from office. Commissioner Wallner’s notice of resignation is attached. The purpose of this agenda item is for the Commission to formally accept the resignation. By approving this consent item the Commission will formally accept Michael Wallner’s resignation. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None identified. Attachments: Wallner Resignation Notice.docx Report compiled on: March 15, 2021 236 From:Michael Wallner <mwallner@BOZEMAN.NET> Sent:Thursday, March 11, 2021 10:56 PM To:Jeff Mihelich <jmihelich@BOZEMAN.NET> Subject:Thank you Jeff, Please consider the email below official at 6:00am on Friday, March 12th 2021. Dear Bozeman City Commissioners and City Manager Mihelich, It is with a grateful heart that I hereby notify you that today I am resigning from my position on the City Commission of the City of Bozeman, Montana. As you and I have discussed, it has been a great honor to serve with you and my fellow Bozeman City Commissioners. While my resignation may seem abrupt to some, my family, colleagues, and close friends know that it is something I have been contemplating the past several months. The amount of time, energy and effort required to meet my own high-standards in all the roles in my life require me to make this change. In short, I’m simply spread too thin. While I will miss this important role in public service, my family and my career deserve to be given my best efforts. I am concerned that my resignation may send an unintentional message to others in our community who may aspire to public service on the Bozeman City Commission. I strongly encourage my fellow citizens to continue to find ways to serve our community, including as an elected official. For my part, I was active in public service prior to my being elected on the City Commission. Now, I intend to remain active inpublic service as a private citizen. As always, thank you for your kindness, friendship, and understanding. Very respectfully, Michael Wallner 237 Memorandum REPORT TO:City Commission FROM:Marcy Yeykal, Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. 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:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:Please approve checks from March 17th and March 24th, due to no meeting on March 16th. ALTERNATIVES:As suggested by the City Commission. 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 http://www.bozeman.net/government/finance/purchasing Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable Clerks Marcy Yeykal and Levi Stewart. Report compiled on: March 11, 2021 238 Memorandum REPORT TO:City Commission FROM:Phillipe Gonzalez, Historic Preservation Specialist Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Authorize the Mayor to Sign the Certified Local Government Grant Contract for 2021-2022 with the Montana State Historic Preservation Office MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Mayor to Sign the Certified Local Government Grant Contract for 2021-2022 with the Montana State Historic Preservation Office. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:The Bozeman Certified Local Government Program through the Montanan State Historic Preservation Office provides a matching grant to support historic preservation efforts within the City. The grant award is $6,000 and is provided at a 60/40 match. UNRESOLVED ISSUES:N/A ALTERNATIVES:N/A FISCAL EFFECTS:N/A Attachments: HP CLG 2021-2022.pdf Report compiled on: March 2, 2021 239 MT-21-012, STATE OF MONTANA AGREEMENT, Page 1 STATE OF MONTANA AGREEMENT MT-21-012 This Grant Agreement (the “Agreement”) is hereby made between City of Bozeman, P.O. Box 1230, Bozeman, MT 59772, DUNS# 083705293 (the "Subgrantee") and the Montana State Historic Preservation Office (SHPO), Montana Historical Society (MHS), 225 North Roberts, PO Box 201202, Helena, Montana 59620-1202 (the "Grantor" or the “State”). Liaison for the Subgrantee is Phillipe Gonzalez, the Historic Preservation Officer (HPO). Liaison for the Grantor is Kate Hampton, Community Preservation Coordinator. The State expects to be awarded $926,767 of grant monies from the U.S. Department of the Interior, the National Park Service under the Historic Preservation Fund for the federal fiscal year of 2021 (federal grant period to begin October 1, 2020, and end September 30, 2021). The funding for this agreement is provided by this award, CFDA number 15.904, Historic Preservation Fund Grants-In-Aid. The Federal Award Identification Number assigned by the National Park Service is yet to be determined. The two parties, in consideration of mutual covenants and stipulations described below, agree as follows: 1. EFFECTIVE DATE, DURATION, AND RENEWAL This Agreement shall take effect on April 1, 2021, and shall terminate on March 31, 2022, unless a new termination date is set or the Agreement is terminated as provided in this Agreement. Total payments by the Grantor for all purposes under this Agreement shall not exceed $6,000.00. In the event that the Grantor does not receive full funding from the National Park Service (NPS), the total grant award may be reduced, as outlined in “The Montana Certified Local Governments Manual.” Payment shall be made on a reimbursement basis by request of Subgrantee to the Grantor. In no event is this Agreement binding on the State unless State’s authorized representative has signed it. Any legal counsel signature approving legal content of the Agreement and any procurement officer signature approving the form of the Agreement do not constitute an authorized signature. 2. SERVICES AND/OR SUPPLIES The Subgrantee shall: 1. Maintain an active Historic Preservation Commission (HPC) that will advocate for preservation, assist the HPO to accomplish preservation goals, and fill vacancies on the HPC promptly. 2. Participate in and carry out the responsibilities for Certified Local Government (CLG) program status as outlined in "The Montana Certified Local Government Manual.” 3. Ensure historic preservation concerns are considered at all levels of local government planning and are incorporated as goals of other local, state, and federal projects. 4. Administer local preservation ordinances. 5. Designate a minimum half-time designated Historic Preservation Officer (HPO) who demonstrably plays an active and consistent role in the conduct of the Subgrantee’s historic preservation activities. On behalf of the Subgrantee it is the role of HPO to conduct these activities and/or work with the HPC to: a. Regularly report on HPC activities at local government Commission meetings and be available for comment to these groups and other local government offices; b. Provide technical assistance, direction, and/or literature on historic preservation tax credits, National Register, federal regulations, and Secretary of Interior Standards; c. Evaluate historic properties for potential and feasible reuse and rehabilitation; d. Coordinate, promote, and participate in events such as National Historic Preservation Month and/or other preservation related activities; e. Cooperate and communicate with the Grantor and fellow HPOs/HPCs in Montana and elsewhere as appropriate; and f. Submit Semi-Annual Progress Reports, meeting minutes, and financial reports per deadlines outlined in this agreement. In the Final Progress Report, the HPO will identify the benefits the local government has derived 240 MT-21-012, STATE OF MONTANA AGREEMENT, Page 2 as a result of the employment of a HPO, the needs of the local government for future professional preservation efforts, and any additional functions of the HPO carried out which further the understanding and implementation of historic preservation values and objectives in the local government. 6. Send at least one (1) person from the CLG to SHPO-approved training. The attendee shall attend the entire training and report back to their HPC. All work completed under this funding Agreement must meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as interpreted by the Grantor. Final products or services that do not fulfill the requirements of this Agreement, and do not comply with the appropriate Secretary of the Interior's Standards, will not be reimbursed, and any advance payments made in connection with such products or services must be repaid to the Grantor. 3. CONSIDERATION/PAYMENT 3.1 Payment Schedule. In consideration of services rendered in this Agreement, the Grantor agrees to pay the Subgrantee as follows: 1. The Subgrantee agrees to submit Semi-Annual Progress Reports, meeting minutes, and Requests for Reimbursement. Reports will be accompanied by the following documentation: a. The Subgrantee's name, address, and Agreement Number MT-21-012; b. A report discussing the work completed during the reporting period. Include meeting agendas and minutes; c. An itemized listing of cash or in-kind donations that comprise the non-federal match; d. An itemized listing of project expenses that are charged to the federal grant. If indirect costs (IDC) are claimed for reimbursement (or match), the IDC rate must be in accordance with 2 CFR Part 200.414. A copy of the IDC approval letter from the Cognizant agency must be submitted to the Grantor and approved prior to any reimbursement; e. Receipts, invoices, and/or financial reports sufficient to document each expenditure; f. The net request for payment (reimbursement); and g. Products produced during the reporting period. 2. All Requests for Reimbursement must be approved by the Grantor prior to payment. Payment for work completed under this Agreement may be withheld pending the delivery and acceptance of such items. All Subgrantees must retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of three (3) years or until an acceptable audit (accessible by auditors) has been performed and all claims and audit findings involving the records have been resolved. The 3-year retention period starts from the date of the submission of the final report. A final Request for Reimbursement must be submitted within thirty (30) days of the termination of this Agreement to qualify for payment. 3. All Requests for Reimbursement will be reviewed for eligibility and allowability under Chapters 12, 13, and 14 of the NPS Historic Preservation Fund Manual and the Montana Certified Local Governments Manual. The Subgrantee may request a copy of the Montana Certified Local Governments Manual from the Grantor and the Historic Preservation Fund Manual is available for inspection at the SHPO. 4. The Subgrantee shall, at minimum, provide documentation detailing forty percent (40%) matching non- federal funds for the overall grant award. In order to receive the full grant award of $6,000.00, the minimum dollar amount of match necessary to be provided by the Subgrantee is $4,000.00 in matching in-kind services or cash. In the event that the grant award is reduced, the match requirement would be reduced proportionally. Requests for Reimbursement require the same 40% documentation relative to the amount requested. The accepted Grant Application, reviewed and approved by the Grantor, provides an estimation of sources and amounts of matching funds from the Subgrantee. 241 MT-21-012, STATE OF MONTANA AGREEMENT, Page 3 5. The Grantor may retain final payment of federal grant funds until such time as the approved project work has been successfully completed and all conditions of this Agreement have been met. 3.2 Payment Terms. Unless otherwise noted in the solicitation document, the State has thirty (30) days to pay invoices, as allowed by 17-8-242, MCA. The Subgrantee shall provide banking information at the time of Agreement execution in order to facilitate the State’s electronic funds transfer payments. 3.3 Reference to Agreement. The Agreement Number MUST appear on all invoices, packing lists, packages, and correspondence pertaining to the Agreement. If the number is not provided, the State is not obligated to pay the invoice. 4. ACCESS AND RETENTION OF RECORDS 4.1 Access to Records. The Subgrantee shall provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine Agreement compliance. The State may terminate this Agreement under Section 20, Severability, without incurring liability, for the Subgrantee’s refusal to allow access as required by this section (18-1-118, MCA). 4.2 Retention Period. The Subgrantee shall create and retain all records supporting the services rendered for a period of eight (8) years after either the completion date of this Agreement or termination of the Agreement. 5. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING The Subgrantee may not assign, transfer, or subcontract any portion of this Agreement without the State's prior written consent (18-4-141, MCA). The Subgrantee is responsible to the State for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Subgrantee. No contractual relationships exist between any subcontractor and the State under this Agreement. 5.1 The Subgrantee agrees that the procurement of services, supplies, equipment, and construction will be obtained efficiently and economically and in compliance with the applicable federal laws, and of 2 CFR Part 200.317 through 200.326, and Chapter 17 of the Historic Preservation Fund Manual. 5.2 The process for the selection of subcontractors to perform the services under this Agreement, regardless of whether by competitive bidding or negotiated procurement shall be conducted in a manner that provides maximum open and free competition. Procurement procedures shall not restrict or eliminate competition. Examples of what is considered to be restrictive of competition include, but are not limited to: (1) placing unreasonable requirements on firms or individuals in order for them to qualify to do business, (2) noncompetitive practices between firms, (3) organizational conflicts of interest, and (4) unnecessary experience and bonding requirements. 5.3 Competitive bidding or negotiated procurement is required for all survey and planning subcontracts. Proposals shall be requested from an adequate number of sources (at least two or three sources) to permit reasonable competition. The Request for Proposals shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. The Request for Proposals shall identify the survey or planning area, population, number of properties to be inventoried, funds available and volunteer support (if applicable). The Subgrantee shall document in writing the evaluation criteria used and the results of the technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for subcontract award. Subcontractors shall be selected on the basis of qualification, subject to negotiation of fair and reasonable compensation. Unsuccessful offerors shall be notified promptly. A copy of documentation of the selection process will be submitted to the Grantor prior to the initiation of the project. 5.4 Non-competitive negotiation may be used with prior written approval from the Grantor when, after the solicitation in accordance with Section 5.3 above, competition is determined inadequate. 5.5 The Subgrantee will notify the Grantor upon the selection of a subcontractor. The Subgrantee will verify subcontractor is not on the debarred list. A copy of this contract will be submitted to the Grantor for review and written approval prior to its execution. 242 MT-21-012, STATE OF MONTANA AGREEMENT, Page 4 5.6 Prior to the beginning of project work or any grant payment, the Subgrantee must submit to the Grantor the below listed items to demonstrate that the federal procurement requirements have been met in full: a. Copies of the letters to qualified sources and public advertisements requesting proposals and/or invitations to bid; b. Copy of the Subgrantee documentation of the selection criteria and process; c. A copy of the successful proposal and a description of the Subgrantee reasons for selection; d. Listing of the unsuccessful offerors; and e. Copy of the proposed contract between the Subgrantee and the subcontractor. Note: The Grantor must review and approve all contracts between the Subgrantee and subcontractors prior to their execution. The parties agree that there will be no assignment or transfer of this Agreement or any interest in the Agreement and that no service required under this Agreement may be performed under subcontract unless both parties agree in writing. 6. EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Sections 49-2-303 and 49-3-207, MCA, and the federal Civil Rights Act of 1964 (as amended), and Equal Employment Opportunity statute, in all hiring or employment made possible by or resulting from this Agreement, the Subgrantee: 1) will not discriminate against any employee or applicant for employment because of race, color, social condition, religion, sex, age, national origin, marital status, creed, political affiliation, or physical or mental handicap; and 2) will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. This requirement applies to, but is not limited to, the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee will comply with all applicable statutes and Executive Orders on Equal Employment Opportunity, including enforcement provisions, as implemented by, but not limited to, Department of the Interior policies, published in 43 CFR 17. 7. FAIR LABOR STANDARDS The Subgrantee agrees to comply with all federal and state wage and hour rules, statutes, and regulations, and warrants that all applicable federal and state fair labor standards and provisions will be complied with both by the Subgrantee and any subcontractors, in the event that subcontracted services are employed to fulfill the terms and conditions of this Agreement are agreed upon by the Grantor and the Subgrantee. 8. PROHIBITION AGAINST LOBBYING The Subgrantee must conform to provisions of 18 USC 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, November 2, 2002: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this Section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter–intelligence, intelligence, or national security activities. Violations of this Section shall constitute violations of Section 1352(a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply." Thus, costs associated with activities to influence legislation pending before Congress, commonly referred-to as “lobbying" is unallowable under this Agreement. 243 MT-21-012, STATE OF MONTANA AGREEMENT, Page 5 9. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by law, the Subgrantee shall indemnify and hold harmless the State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses, and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Subgrantee’s negligent acts, errors, or omissions in work or services performed under this Agreement, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts the subcontractor may be liable. 10. COMPLIANCE WITH WORKERS' COMPENSATION ACT The Subgrantee shall comply with the provisions of the Montana Workers' Compensation Act while performing work for the State of Montana in accordance with 39-71-401, 39-71-405, and 39-71-417, MCA. Proof of compliance must be in the form of workers' compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. Neither the Subgrantee nor its employees are State employees. This insurance/exemption must be valid for the entire Agreement term. Upon expiration, a renewal document must be sent to the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135. 11. COMPLIANCE WITH LAWS The Subgrantee shall, in performance of work under this Agreement, fully comply with all applicable federal, state, or local laws, rules, and regulations, including but not limited to: 11.1 The Montana Human Rights Act, Executive Order 11246 (as amended), the Equal Pay Act of 1963, Title VI of the Civil Rights Act of 1964 (as amended) (78 Stat. 252; 42 U.S.C. §§2000d et seq.), and the Americans with Disabilities Act of 1990, and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 11.2 In accordance with 49-3-207, MCA, and Executive Order No. 04-2016, the Subgrantee agrees that the hiring of persons to perform this Agreement will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status by the persons performing this Agreement. 11.3 The Subgrantee will comply Title V, Section 504 of the Rehabilitation Act of 1973 (as amended) (87 Stat. 394; 29 U.S.C. §794) which provides that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 11.4 The Subgrantee will comply with the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.) prohibiting discrimination on the basis of age in programs and activities receiving federal Financial assistance. 11.5 The Subgrantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees, and taxes under the Patient Protection and Affordable Care Act (P.l. 111-148, 124 Stat. 119). Any subletting or subcontracting by the Subgrantee subjects subcontractors to the same provisions. 11.6 Minority Business Enterprise Development: Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Grant Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 11.7 The Subgrantee will comply with Paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000 (as amended) and those award terms put forth in 2 CFR §175.15 https://www.gpo.gov/fdsys/pkg/CFR- 2012-title2-vol1/pdf/CFR-2012-title2-vol1-sec175-15.pdf. 11.8 The Subgrantee will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). 244 MT-21-012, STATE OF MONTANA AGREEMENT, Page 6 11.9 Debarment and Suspension (Executive Orders 12549 and 12689)—the Subgrantee may not be, nor subcontract with, parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additional Indemnification. Claims under this provision also include those arising out of or in any way connected with the Subgrantee's breach of this Agreement, including any claims asserting that any of the Subgrantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055, or 6056. The Subgrantee agrees to comply with all federal and state wage and hour rules, statutes, and regulations, and warrants that all applicable federal and state fair labor standards and provisions will be complied with both by the Subgrantee and any subcontractors, in the event that subcontracted services are employed to fulfill the terms and conditions of this Agreement are agreed upon by the Grantor and the Subgrantee. 12. DISABILITY ACCOMMODATIONS The State does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats, or services for effective communications or other disability related accommodations in the programs and services offered are invited to make their needs and preferences known to this office. Interested parties should provide as much advance notice as possible. 13. TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED The Subgrantee acknowledges that no state funds may be expended for the purchase of information technology equipment and software for use by employees, program participants, or members of the public unless it provides blind or visually impaired individuals with access, including interactive use of the equipment and services, that is equivalent to that provided to individuals who are not blind or visually impaired (18-5-603, MCA). Contact the State Procurement Bureau at (406) 444-2575 for more information concerning nonvisual access standards. 14. REGISTRATION WITH THE SECRETARY OF STATE Any business intending to transact business in Montana must register with the Secretary of State. Businesses that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665 or visit their website at http://sos.mt.gov. 15. MODIFICATIONS AND PREVIOUS AGREEMENTS 15.1 This instrument contains the entire Agreement between the parties, and no previous statements, promises, or inducements made by either party or agent of either party which are not contained in this written agreement shall be valid or binding. This Agreement may not be enlarged, modified, or altered except in writing signed by the parties and attached to the original of this Agreement, except as provided under Section 20. No change, addition, or erasure of any printed portion of this Agreement shall be valid or binding upon either party. 15.2 Any changes that substantially alter the scope of work or the cost of the approved project must be submitted by the Subgrantee as a project amendment. These amendments must have prior written approval from NPS before the change is implemented. Change orders will be treated as amendments. The 245 MT-21-012, STATE OF MONTANA AGREEMENT, Page 7 Subgrantee must consult with the Grantor to review the proposed change to determine if it substantially alters the scope of work or the cost of the approved project. If the Grantor determines the change to be substantial, the Grantor will process the amendment through NPS. Failure of the Subgrantee to notify the Grantor of any such changes may be construed as just cause for revocation and/or recovery of the grant funds by the Grantor. 16. CONFLICT OF INTEREST No officer or employee of the MHS or member of the MHS Board or State Historic Preservation Review Board and no member of the Subgrantee's governing body at localities in which the project is situated or being carried out who exercises any functions or responsibilities, or who enjoys a position of influence in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects their personal or pecuniary interest. The Subgrantee agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 17. INTELLECTUAL PROPERTY/OWNERSHIP 17.1 Mutual Use. The Subgrantee shall make available to the federal government and the State, on a royalty- free, non-exclusive basis, all patent and other legal rights in or to inventions first conceived and reduced to practice, or created in whole or in part under this Agreement, if such availability is necessary for the State to receive the benefits of this Agreement. Unless otherwise specified in a statement of work, both parties shall have a royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use copyrightable property created under this Agreement. This mutual right includes (i) all deliverables and other materials, products, modifications that the Subgrantee has developed or prepared for the State under this Agreement; (ii) any program code, or site- related program code that the Subgrantee has created, developed, or prepared under or primarily in support of the performance of its specific obligations under this Agreement; and (iii) manuals, training materials, and documentation. All information described in (i), (ii), and (iii) is collectively called the "Work Product". 17.2 Title and Ownership Rights. The State retains title to and all ownership rights in all data and content, including but not limited to multimedia or images (graphics, audio, and video), text, and the like provided by the State (the "Content"), but grants the Subgrantee the right to access and use Content for the purpose of complying with its obligations under this Agreement and any applicable statement of work. 17.3 Ownership of Work Product. The Subgrantee shall execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership of any Work Product. 17.4 Copy of Work Product. The Subgrantee shall, at no cost to the State, deliver to the State, upon the State's 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 the State's request, or such expiration or termination. 17.5 Ownership of Subgrantee Pre-Existing Materials. The Subgrantee retains ownership of all literary or other works of authorship (such as software programs and code, documentation, reports, and similar works), information, data, intellectual property, techniques, subroutines, algorithms, methods, or related rights and derivatives that the Subgrantee owns at the time this Agreement is executed or otherwise developed or acquired independent of this Agreement and employed by the Subgrantee in connection with the services provided to the State (the "Subgrantee Pre-existing Materials"). Subgrantee Pre-existing Materials are not Work Product. The Subgrantee shall provide full disclosure of any Subgrantee Pre-Existing Materials to the State before its use and to prove its ownership. If, however, the Subgrantee fails to disclose to the State such Subgrantee Pre-Existing Materials, the Subgrantee shall grant the State a non-exclusive, worldwide, paid-up license to use any Subgrantee Pre-Existing Materials embedded in the Work Product to the extent such Subgrantee Pre-Existing Materials are necessary for the State to receive the intended benefit under this Agreement. Such license shall remain in effect for so long as such Pre-Existing Materials remain embedded in the Work Product. Except as otherwise provided for in Section 17.3, Ownership of Work Product, or as 246 MT-21-012, STATE OF MONTANA AGREEMENT, Page 8 may be expressly agreed in any statement of work, the Subgrantee shall retain title to and ownership of any hardware it provides under this Agreement. 18. PATENT AND COPYRIGHT PROTECTION 18.1 Third-Party Claim. If a third party makes a claim against the State that the products furnished under this Agreement infringe upon or violate any patent or copyright, the State shall promptly notify the Subgrantee. The Subgrantee shall defend such claim in the State's name or its own name, as appropriate, but at the Subgrantee's expense. The Subgrantee shall indemnify the State against all costs, damages, attorney fees, and all other costs and expenses of litigation that accrue as a result of such claim. If the State reasonably concludes that its interests are not being properly protected, or if principles of governmental or public law are involved, it may enter any action. 18.2 Product Subject of Claim. If any product furnished is likely to or does become the subject of a claim of infringement of a patent or copyright, then the Subgrantee may, at its option, procure for the State the right to continue using the alleged infringing product, or modify the product so that it becomes non-infringing. If none of the above options can be accomplished, or if the use of such product by the State shall be prevented by injunction, the State will determine whether the Agreement has been breached. 18.3 Except as otherwise provided in the terms and conditions of the grant Agreement, the Subgrantee is free to copyright any books, publications, or other copyrightable materials developed as a result of this Agreement. However, any such copyrightable materials will be subject to a royalty-free, non-exclusive, and irrevocable license throughout the work to the Grantor and/or the United States government to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. 18.4 Any materials produced as a result of this Agreement which are to be publicly distributed, shall include the following statement: “The (activity) that is the subject of this (type of publication) has been financed (in part/entirely) with Federal funds from the National Park Service, U.S. Department of Interior, and administered by the SHPO of Montana. The contents and opinions do not necessarily reflect the views or policies of the U.S. Department of the Interior or the Montana Historic Preservation Office, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or SHPO.” 18.5 Publications must include the nondiscrimination statement: “This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: The Office for Equal Opportunity National Park Service 849 C Street, N.W. Washington, D.C. 20240” 18.6 The Subgrantee shall not include in the materials produced as a result of this Agreement any copyrighted matter without the written approval of the copyright owner that provided SHPO and the United States government with written permission to use the material in the manner provided herein. 19. AUDITING The Subgrantee agrees to allow access to the records of the activities covered by this Agreement as may be necessary for legislative post audit and analysis purposes in determining compliance with the terms of this Agreement. The Grantor shall maintain all administrative and fiscal records relating to this project for three (3) years after the final grant reimbursement is made by the Grantor to the Subgrantee. Notwithstanding the provisions of Section 20, this Agreement shall automatically terminate upon any refusal of the Subgrantee to allow 247 MT-21-012, STATE OF MONTANA AGREEMENT, Page 9 access to records necessary to carry out the legislative post audit and analysis functions set forth in Title 5, Chapter 12 and 13, MCA, and the financial and programmatic audit conducted by the Secretary of the Interior and the Comptroller General of the United States provided for in 2 CFR Part 200.333 through 200.338. For local governments and school districts, the Subgrantee will provide the report to the State of Montana, Department of Administration, Local Government Services Bureau. All other Subgrantees, such as Tribal Communities and Non-Profit Organizations, will provide the report to the Montana Historical Society, State Historic Preservation Office. Non-federal entities that expend $750,000 or more during a year in federal awards shall have a single or program- specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501– 7507) and 2 CFR Part 200, Subpart F, which is available at http://www.ecfr.gov/cgi–bin/text– idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6 Non-federal entities that expend less than $750,000 for a fiscal year in federal awards are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the federal agency, pass-through entity, and General Accounting Office (GAO). Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ . 20. SEVERABILITY It is understood and agreed by the parties hereto that a declaration by any court or any other binding legal source that any provision of the Agreement is illegal and void shall not affect the legality and enforceability of any other provision of the Agreement, unless the provisions are mutually and materially dependent. 20.1 Termination for Cause with Notice to Cure Requirement. The Subgrantee may terminate this Agreement for the State’s failure to perform any of its duties under this Agreement after giving the State written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than thirty (30) days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. 20.2 Reduction of Funding. The State must by law terminate this Agreement if funds are not appropriated or otherwise made available to support the State's continuation of performance of this Agreement in a subsequent fiscal period (18-4-313(4), MCA). If state or federal government funds are not appropriated or otherwise made available through the state budgeting process to support continued performance of this Agreement (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, the State shall terminate this Agreement as required by law. The State shall provide the Subgrantee the date State's termination shall take effect. The State shall not be liable to the Subgrantee for any payment that would have been payable had the Agreement not been terminated under this provision. As stated above, the State shall be liable to the Subgrantee only for the payment, or prorated portion of that payment, owed to the Subgrantee up to the date State's termination takes effect. This is the Subgrantee's sole remedy. The State shall not be liable to the Subgrantee for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues. 21. EVENT OF BREACH – REMEDIES 21.1 Event of Breach by Subgrantee. Any one or more of the following Subgrantee acts or omissions constitute an event of material breach under this Agreement: o Products or services furnished fail to conform to any requirement; o Failure to submit any report required by this Agreement; o Failure to perform any of the other terms and conditions of this Agreement, including but not limited to beginning work under this Agreement without prior State approval or breaching Section 27, Meetings, obligations; or 248 MT-21-012, STATE OF MONTANA AGREEMENT, Page 10 o Voluntary or involuntary bankruptcy or receivership. 21.2 Event of Breach by State. The State’s failure to perform any material terms or conditions of this Agreement constitutes an event of breach. 21.3 Actions in Event of Breach. Upon the Subgrantee’s material breach, the State may: o Terminate this Agreement under Section 20.1, Termination for Cause with Notice to Cure, and pursue any of its remedies under this Agreement, at law, or in equity; or o Treat this Agreement as materially breached and, except as the remedy is limited in this Agreement, pursue any of its remedies under this Agreement, at law, or in equity. Upon the State’s material breach, Subgrantee may: o Terminate this Agreement under Section 20.1, Termination for Cause with Notice to Cure, and pursue any of its remedies under this Agreement, at law, or in equity; or o Treat this Agreement as materially breached and, except as the remedy is limited in this Agreement, pursue any of its remedies under this Agreement, at law, or in equity. 22. GENERAL AND SPECIFIC CONDITIONS The Subgrantee agrees to follow the General and Specific Conditions according to this Agreement and Chapter 5 of the Historic Preservation Fund Manual. 23. FORCE MAJEURE Neither party is responsible for failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, materials shortages, transportation delays, fires, floods, labor disturbances, riots, wars, terrorist acts, or any other causes, directly or indirectly beyond the reasonable control of the nonperforming party, so long as such party uses its best efforts to remedy such failure or delays. A party affected by a force majeure condition shall provide written notice to the other party within a reasonable time of the onset of the condition. In no event, however, shall the notice be provided later than five (5) working days after the onset. If the notice is not provided within the five-day period, then a party may not claim a force majeure event. A force majeure condition suspends a party’s obligations under this Agreement, unless the parties mutually agree that the obligation is excused because of the condition. 24. WAIVER OF BREACH Either party’s failure to enforce any contract provisions after any event of breach is not a waiver of its right to enforce the provisions and exercise appropriate remedies if the breach occurs again. Neither party may assert the defense of waiver in these situations. 25. CONFORMANCE WITH CONTRACT No alteration of the terms, conditions, delivery, price, quality, quantities, or specifications of the Agreement shall be granted without the State Procurement Bureau’s prior written consent. Product or services provided that do not conform to the Agreement terms, conditions, and specifications may be rejected and returned at the Subgrantee’s expense. 26. LIAISONS AND SERVICE OF NOTICES 26.1 Agreement Liaisons. All project management and coordination on the State's behalf must be through a single point of contact designated as the State's liaison. The Subgrantee shall designate a liaison that will provide the single point of contact for management and coordination of the Subgrantee's work. All work performed under this Agreement must be coordinated between the State's liaison and Subgrantee's liaison. 249 MT-21-012, STATE OF MONTANA AGREEMENT, Page 11 Kate Hampton is State's liaison (Address): MT SHPO, 1301 E. Lockey (City, State, ZIP): Helena, MT 59620-1202 (Telephone): (406) 444-7742 (E-mail): khampton@mt.gov Phillipe Gonzalez is Subgrantee's liaison (Address): 20 East Olive St., P.O. Box 1230 (City, State, ZIP): Bozeman, MT 59771 (Telephone): (406) 582-2940 (E-mail): pgonzalez@bozeman.net 26.2 Notifications. The State's liaison and Subgrantee’s liaison may be changed by written notice to the other party. Written notices, requests, or complaints must first be directed to the liaison. Notice may be provided by personal service, mail, or facsimile. If notice is provided by personal service or facsimile, the notice is effective upon receipt; if notice is provided by mail, the notice is effective within three (3) business days of mailing. 27. MEETINGS Subgrantee shall meet with State's personnel, or designated representatives, to resolve technical or contractual problems occurring during the Agreement term or to discuss the progress made by the Subgrantee and State in the performance of their respective obligations, at no additional cost to the State. The State may request the meetings as problems arise and will be coordinated by the State. The State shall provide the Subgrantee a minimum of three (3) full working days’ notice of meeting date, time, and location. Face-to-face meetings are desired; however, at the Subgrantee's option and expense, a conference call meeting may be substituted. The Subgrantee’s consistent failure to participate in problem resolution meetings, the Subgrantee missing or rescheduling two consecutive meetings, or the Subgrantee’s failure to make a good faith effort to resolve problems may result in termination of the Agreement. 28. CHOICE OF LAW AND VENUE Montana law governs this Agreement. The parties agree that any litigation concerning this bid, proposal, or this Agreement must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees. 29. TAX EXEMPTION The State of Montana is exempt from Federal Excise Taxes (#81-0302402) except as otherwise provided in the federal Patient Protection and Affordable Care Act (P.l. 111-148, 124 Stat. 119). 30. AUTHORITY This Agreement is issued under authority of Title 18, Montana Code Annotated, and the Administrative Rules of Montana, Title 2, chapter 5. 31. SCOPE, ENTIRE AGREEMENT, AND AMENDMENT 31.1 Agreement. This Agreement consists of twelve (12) numbered pages and any attachments as required. In the case of dispute or ambiguity arising between or among the documents, the order of precedence of document interpretation is the same. 31.2 Entire Agreement. These documents are the entire Agreement of the parties. They supersede all prior agreements, representations, and understandings. Any amendment or modification must be in a written agreement signed by the parties. 32. WAIVER The State's waiver of any Subgrantee obligation or responsibility in a specific situation is not a waiver in a future similar situation or is not a waiver of any other Subgrantee obligation or responsibility. 250 MT-21-012, STATE OF MONTANA AGREEMENT, Page 12 33. EXECUTION The parties through their authorized agents have executed this Agreement on the dates set out below. STATE OF MONTANA CITY OF BOZEMAN Montana Historical Society P.O. Box 1230 225 North Roberts Bozeman, MT 59772 Helena, Montana 59620-1201 DUNS # 083705293 BY: Denise King/Administrator BY: __________________________________________ Centralized Services Division, Montana Historical Society (Name/Title) (Signature) (Signature) DATE: DATE: 251 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to a Sign Midtown Tax Increment Finance Assistance Program Grant Agreement with PDI Investments, LLC for Redevelopment at 431 North 7th Avenue MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to sign Midtown Tax Increment Finance Assistance Program Grant Agreement with PDI Investments, LLC. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Pursuant to Resolution 5087, the Bozeman City Commission created the Midtown TIF Assistance Program (the “Program”) and authorized the Midtown Urban Renewal District Board (MURB) to administer the Program. While the Commission authorized the MURB to administer the program, the Commission required the placement of grant awards of over $50,000 on the City Commission consent agenda for ratification of the MURB’s award. The City Commission has final approval over TIF incentives exceeding this threshold. While this agreement is for $50,000 or less, the agreement is being placed on the consent agenda to facilitate transparency. The former Nu2u pawn shop and thrift store is being converted to an Access Fitness. As part of the extensive renovation and adaptive reuse of the existing building, the property owner is replacing the facade of the building to fully change the look of the building. It is projected that the renovations are extensive enough to significantly increase the taxable value of the existing structure. The change of use also required the installation of new water and fire service lines. The property owner agreed to upsize these lines to support future redevelopment and intensification of use for the site. The grant supports reimbursement of costs to install these service lines up to $50,000. The Midtown Urban Renewal Board voted unanimously in favor of the grant at their regular September 3, 2020 meeting. For more information and background, please see the attached Staff Report to the Midtown Urban Renewal Board. 252 UNRESOLVED ISSUES:None. ALTERNATIVES:At the direction of the City Commission. FISCAL EFFECTS:The grant award is up to $50,000. Funding for small infrastructure grants was included in the Fiscal Year 2021 Work Plan and Budget for the Midtown Urban Renewal District. Attachments: Access Fitness Board Packet 20200903.pdf Report compiled on: March 12, 2021 253 1 Staff Report To: Midtown Urban Renewal Board From: Mike Veselik, Economic Development Specialist David Fine, Urban Renewal Program Manager Meeting Date: September 3, 2020 Subject: Access Fitness 431 N 7th Ave TIF Assistance Program Overview The Bozeman City Commission created the Midtown TIF Assistance Program in 2017 to support redevelopment activity and advance the goals of the 2015 Midtown Urban Renewal Plan. The City Commission amended the Program in January 2020. The Midtown TIF Assistance Program supports projects that create significant new taxable value as well as meeting the five goals of the Midtown Urban Renewal Plan. These goals, as required by statute, focus on mitigating blighting conditions in the urban renewal area. Each of these five goals is further refined with particular criteria for a total of sixteen categories that can receive points. Point awards demonstrate specific compliance with the criteria, but are not the only factors the board may consider in recommending an incentive award. For example, the board may also consider new taxable value created by the project, or whether the project would be feasible without a public incentive. In addition to tax generation, the goals of the Urban Renewal Plan and the need for assistance, the Board must also make affirmative findings as required by State Law. Staff Recommendation The Midtown Action Plan, unanimously adopted by the Bozeman City Commission in 2017, recommends increasing building density within the Midtown Urban Renewal District, with a particular emphasis on incentivizing infill development. The Midtown Action Plan describes the concept: Increased building density increases the number of people in the District, which helps create the desired active pedestrian environment. More density of buildings grouped 254 2 together in districts is especially desired to encourage pedestrians to explore adjacent buildings. The Access Fitness building is the redevelopment of a currently underutilized site and would bring much needed, new services to the 7th Ave corridor. The new services will add to the walkability of the neighborhood and make is a more desirable place to visit. The Midtown TIF Assistance Program allows the payment of eligible costs of development to incentivize development that meets the goals of the Midtown Urban Renewal Plan. The Applicant is applying for an eligible cost areas totaling $50,000. Staff finds that the proposed costs are eligible for TIF assistance. Staff scored the application based on the program criteria. Based on our review and the application materials presented, the project received 29 of 52 available points. The application scored points toward three of five goals of the Midtown Urban Renewal Plan. The project eliminates blight and improves services delivery within the District. The Montana Department of Revenue provided an estimate of the new assessed value of the property based on the owner’s proposed improvements. The property is estimated to increase by $399,400 and generate $4,878.82 in new tax revenue. This would ensure the TIF money is paid back a little more than ten years after issuance. This would allow the project to pay back its assistance in just over 10 years. Staff recommends approval of the project funding request, since the requested assistance could pay back in just over 10 years due to new tax generation from the proposed improvements. Criteria for TIF Assistance Goal Number 1: Promote Economic Development 1. Tax Generation: The project will increase the taxable value within the District. The increase in taxable value due to new construction & rehabilitation is estimated by the County Assessor’s office or State Department of Revenue to determine tax increment generation. Submit documentation of estimated tax projections to receive points for these criteria. The Montana Department of Revenue provided an estimate of the new assessed value of the property based on the owner’s proposed improvements. The property is estimated to increase by $399,400 and generate $4,878.82 in new tax revenue. This would ensure the TIF money is paid back a little more than ten years after issuance. [3 of 4] 2. Elimination of Blight: The project’s direct and indirect impact on the physical and fiscal deterioration within the Tax Increment Financing District and the community. Projects that 255 3 redevelop underutilized properties will be given priority. The characteristics of an underutilized site includes land on which development occupies only a small amount, and/or land or buildings that are or have been vacant for some time. Submit information showing current conditions of property. The project eliminates blight by replacing a vacant property and an underutilized lot with a fitness facility. This reuse brings much needed services to the neighborhood. [4 of 4] 3. Employment Generation: Total employment generated by the project assessed in terms of new permanent and part-time jobs, and construction jobs. Submit documentation of estimated new jobs to receive points for this criterion. The project will generate temporary construction jobs. The applicant estimated job creation at roughly twelve jobs across two business. However, one business is a relocation. [1 of 3] Goal Number 2: Improve Multi-Modal Transportation 4. Facilitates Public Health and Mobility: Project will construct or improve ADA access to and within existing structures. Provide detailed information demonstrating that the current condition inhibits public health and mobility and the proposed improvements benefit accessibility. The renovation has replaced two non-ADA compliant restrooms with new, upgraded ADA compliant facilities. [1 of 1] 5. Reduces Resource Demand: Project promotes the use of transit, ride sharing, or car sharing. Provide plans, agreements or other methods to demonstrate reduction of resource demand. While locating commercial development in Midtown places it in a centrally located location, this project does not take particularly exceptional or innovative measures to promote transit use, ride sharing, or car sharing. [0 of 1] 6. Promotes Active Transportation: Project promotes bicycling as an active transportation option by constructing or improving bike lanes, providing covered bike parking, and/or participating in a bike share program. Provide plans, agreements or other methods that demonstrates the project goes beyond the minimum Bozeman UDC requirements for site development. The Applicant indicates the installation of bike racks on the property located under the roof line of the building. [1 of 2] 256 4 Goal Number 3: Improve, Maintain, and Support Innovation in Infrastructure 7. Infrastructure Improvements: Project promotes innovation in infrastructure and/or reduces long term costs of maintenance. Examples include low impact development for stormwater, incorporation of green roof design into building architecture, or car charging stations. Low impact development (LID) incorporates designs such as bioretention facilities, rain gardens and permeable pavers. Does the project enable better connectivity or provide critical infrastructure for the community? Provide plans and descriptions of innovations proposed. The application shows investment in new Fire Suppression and Potable Water Mains exceeding a total cost of $225,000 to future proof the site. These improvements are a basic requirement for a development of this type and the line upsizing, specifically, was ensured through a previous agreement facilitated by the Midtown Urban Renewal District. Upsizing the lines now will, however, prevent premature damage to the streetscape elements that are being installed. [1 of 2] Goal Number 4: Promote Unified Human Scale Urban Design 8. Vehicular Access Points: The project reduces the number of vehicular access points to the property and improves the pedestrian experience. Provide plans, agreements or other methods to demonstrate reduction. The project does not remove any of the sidewalk drive approaches. [0 of 2] 9. Street Orientation: The project enhances the North 7th Ave. entryway corridor by having buildings oriented toward the street and designed to provide interest and activity. The applicant included renderings showing a modern building fronting on North 7th Ave with a modern, façade aesthetically consistent with other buildings on North 7th Ave. [2 of 2] 10. Pedestrian Experience: The project enhances the pedestrian experience by using a storefront block frontage (BMC 38.510) as a component of the project. Key elements of the frontage would include façade transparency, building articulation, street furniture and/or landscaping. Submit plans and details that address this criterion. The project provides enhanced façade transparency with large windows facing the street for its ground floor.The project does not employ a storefront block frontage as described by the code. . [0 of 2] 257 5 11. Quality of the Development Exceeds Minimum Requirements: The quality of development and overall aesthetics (architectural, site design, landscaping, etc.) are beyond that which is minimally required by the UDC. Provide a narrative and submit documentation to demonstrate compliance with this criterion. Based on preliminary renderings, the project as proposed appears to exceed the requirements of the UDC for architecture and site design. [1 of 1] Goal Number 5: Support Compatible Urban Density Mixed Land Uses 12. Increases Housing Units: The project increases housing units within the District. Submit plans demonstrating an increase in the number of housing units. The project includes no residential units. [0 of 6] 13. Mix of Uses Including Residential: The project is a mix of residential and commercial. Commercial uses include retail, restaurant, office and services. Hotels would not be supported unless included with a project that included residential development. Submit plans detailing the proposed mix of uses within the project. The project only includes eligible commercial uses including service uses. The project does not include a residential component. [0 of 6] 14. Shared Parking: The project shares parking among compatible uses. Provide details demonstrating compliance with the UDC and as well as total number of parking spaces reduced because of a shared arrangement. The project does indicate some shared parking between the two businesses located on its site. [1 of 2] 15. Affordable Dwelling Units: The project provides affordable dwelling units. For the purposes of this criterion, an affordable dwelling unit is defined as a unit that requires no more than 33 percent of a household’s income for housing payments based on a designated percentage of area median income (AMI). Eligible rental units shall be affordable at 70% AMI and eligible for sale units shall be affordable at 90% AMI. Condominium units are eligible as for sale units. Additional points may be awarded for projects that provide on-site housing for the proposed workforce. Eligible rental dwellings to be constructed in the proposed residential development shall be provided by long-term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, and annual re-certification. The city's affordability guidelines and subsequent revisions establish affordability and eligibility. To receive 3 points under this 258 6 criterion, 10% of all units must meet the affordability criteria. To receive 6 points under this criterion, 20% of all units must meet the affordability criteria. The project does not include dwelling units of any kind. [0 of 3 or 6] Overall District Relevance 16. Relevance to the Midtown Urban Renewal Plan: Documentation of the project’s impact in relation to the goals and objectives of the Midtown Urban Renewal Plan, particularly mixed- use development. Urban design elements are also considered, including pedestrian emphasis and quality of design. The project eliminates blight by adding commercial space to a currently vacant lot in the District. The building is a major aesthetic improvement over the vacant pawn shop. Further, the business brings a much needed service to the area and will allow for district residents and guests at local hotels and motels to walk to services. [4 of 5] 17. Private / Public Investment Ratio: The investment of public funds in the project results in a leverage ratio of at least 10:1 for multifamily, 8:1 for commercial, or 5:1 for family wage jobs. The applicant indicated a total developer cost of $650,000. The current TIF application is for reimbursement of $50,000 for public infrastructure improvements. This is a ratio of 13:1 which is greater than the recommended leverage ratio. [4 of 4] Total Points (23/52) 259 7 Criteria for Approval of Urban Renewal Project, 7-15-4217 MCA 1) a workable and feasible plan exists for making available adequate housing for the persons who may be displaced by the project;  The project does not displace any persons or housing. 2) the urban renewal plan conforms to the comprehensive plan or parts thereof for the municipality as a whole;  The project is a commercial project located in an area designated for community commercial mixed-use in the Bozeman Community Plan. 3) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and  The project includes a request for tax increment financing assistance that makes the proposed redevelopment project feasible to be undertaken by private enterprise. 4) a sound and adequate financial program exists for the financing of said project.  The Midtown Urban Renewal District currently has adequate revenue to support the tax increment finance assistance for this project through within its existing Work Plan and Budget for Fiscal Year 2021. 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Martin Matsen, Director of Community Development Brian Krueger, Development Review Manager SUBJECT:Authorize the Mayor to Sign the Norton Ranch Phase 5 Major Subdivision Findings of Fact and Order, Application 21024 MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Authorize the Mayor to sign the Norton Ranch Phase 5 Major Subdivision Findings of Fact and Order, Application 21024. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This application is to modify conditions of approval and phasing of the development from the original application of a subdivision (18278) who’s Findings of Fact were approved on December 15, 2020. The modifications included adjusting language to the conditions of approval and code provisions to allow for Phase 6 to receive final plat without needing to satisfy all improvements that are affiliated with Phase 5. Phase 6 consists of 4 restricted lots and will require additional subdivision to be able to be developed. The purpose of the modification was to allow Phase 6 to receive Final Plat to help finance the construction of Laurel Parkway in its entirety. The applicant, Norton Properties, LLC is proposing to subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14 affordable single household detached lots, 5 common open space lots, 5 City park lots, 4 restricted development lots, and dedicated right of ways. The developable portion of the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable portion of the project borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel Parkway, are subject to further subdivision review. These four restricted lots are considered Phase 6. The changes to the conditions of approval and code provisions as outlined below is to allow for those four restricted lots to receive final plat prior to any of the lots within Phase 5. These four restricted lots will not be able to be developed until further subdivision review. 275 Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI). Although all 14 lots are along Boomtown Road and clustered together, it was deemed an appropriate layout based on lot size, design placement and the fact that the City receives affordable housing lots that are oriented onto the street in the first phase of development. A large City park is set to be constructed with Phase 5D that contains wetlands which are planned to be preserved and additional plantings provided to keep its natural habitat. A trail along the west side of the development is proposed to connect to the existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley West to the north. The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The Planning Board reviewed this application on March 1, 2021 and recommended approval 6:0. The City Commission reviewed and voted 5:0 to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Recommend approval of the application with the recommended conditions; 2. Recommend approval of the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:The development will generate the typical costs and revenues of residential development. Attachments: 21024 CC FOF.pdf 276 Report compiled on: March 10, 2021 277 Page 1 of 29 21024, City Commission Findings of Fact and Order for the Norton Ranch Ph 5 Subdivision Public Hearing Date: Planning Board, March 1, 2021 at 6:00 pm. Via WebEx. City Commission, March 9, 2021 at 6:00pm. Via WebEx. Project Description: A modification to the phasing and conditions of approval of a preliminary plat application that was approved November 17, 2020. The subdivision is on 79.3 acres to create 148 lots: 124 residential single household, 14 affordable single family detached housing lots, 5 common open space lots, 5 city park lots, 4 restricted lots and dedicated right of way. The subject property is zoned R-2, R-3, and R-4. Project Location: The subject parcel is located north and west of the intersection of West Babcock Street and Laurel Parkway. It is legally described as Lot R1, Norton East Ranch Subdivision Phase 3A, SEC. 9, T. 2 S., R. 5, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Preliminary Plat Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: March 1, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Griffin Nielsen, Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None. Project Summary This application is to modify conditions of approval and phasing of the development from the original application of a subdivision (18278) who’s Findings of Fact were approved on December 15, 2020. The modifications included adjusting language to the conditions of approval and code provisions to allow for Phase 6 to receive final plat 278 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 2 of 29 without needing to satisfy all improvements that are affiliated with Phase 5. Phase 6 consists of 4 restricted lots and will require additional subdivision to be able to be developed. The purpose of the modification was to allow Phase 6 to receive Final Plat to help finance the construction of Laurel Parkway in its entirety. The applicant, Norton Properties LLC is proposing to subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14 affordable single household detached lots, 5 common open space lots, 5 City park lots, 4 restricted development lots, and dedicated right of ways. The developable portion of the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable portion of the project borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel Parkway, are subject to further subdivision review. These four restricted lots are considered Phase 6. The changes to the conditions of approval and code provisions as outlined below is to allow for those four restricted lots to receive final plat prior to any of the lots within Phase 5. These four restricted lots will not be able to be developed until further subdivision review. Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI). Although all 14 lots are along Boomtown Road and clustered together, it was deemed an appropriate layout based on lot size, design placement and the fact that the City receives affordable housing lots that are oriented onto the street in the first phase of development. A large City park is set to be constructed with Phase 5D that contains wetlands which are planned to be preserved and additional plantings provided to keep its natural habitat. A trail along the west side of the development is proposed to connect to the existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley West to the north. The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The Planning Board reviewed this application on March 1, 2021 and recommended approval 6:0. The City Commission reviewed and voted 5:0 to approve the application. The Commission agreed that the application met the criteria established by the Bozeman 279 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 3 of 29 Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. 1 Unresolved Issues ................................................................................................ 1 Project Summary .................................................................................................. 1 Alternatives ........................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................ 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 6 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ............. 12 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .................................. 17 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................ 17 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ................... 17 Primary Subdivision Review Criteria, Section 76-3-608 ..................................... 19 Preliminary Plat Supplements............................................................................. 22 SECTION 6 - FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS ..…………26 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................. 25 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................ 29 APPENDIX C - OWNER INFORMATION ...................................................................... 29 FISCAL EFFECTS ........................................................................................................ 29 ATTACHMENTS ............................................................. Error! Bookmark not defined. 280 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 4 of 29 SECTION 1 - MAP SERIES Zoning Map of Subject Property 281 Page 5 of 29 Plat of overall development 282 Page 6 of 29 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. This application proposes phases. Unless a condition is specific to an individual phase, all comments and code requirements apply to any final plat of all phases. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats 24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 4. Any public access easement for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. 5. Per BMC Section 38.220.070.A.2, prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the county weed control district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 6. This notation must be included on the conditions of approval sheet of the final plat: “Ownership of all common open space areas and trails, and 283 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 7 of 29 responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Norton Ranch Phase 5 subdivision.” 7. Duration of the preliminary plat approvalis limited, per BMC 38.240.130.A.5.f. Prior to any extension of the preliminary plat approval, the intersection of Laurel Parkway and Durston Road must either be upgraded with a signal or roundabout with design approved the City’s Engineering Division, or the applicant must provide an updated traffic impact study at the time of extension request indicating the intersection level-of-service standards can be met per BMC 38.400.060.B.4. 8. (moved to Code Provisions number 28)Per Code Section 38.350.060 fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. This standard must be added as a note listed on the conditions of approval sheet of the plat. Properties on Block 21, Lot 2-8 AND Block 27, lots 1 and 2 are affected by this code requirement. 9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted with initial final plat to be recorded after approval. 10. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcel, is the responsibility of the property owners’ association (POA). 11. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found in 284 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 8 of 29 the Norton East Ranch, Phase 5 Affordable Housing Plan recorded as document no.___________ at the Gallatin County Clerk and Recorders Office.” 12. BMC 38.420.020.D. Park easements provided for future phases do not transfer maintenance responsibilities to the Parks Department. The Parks Department will assume maintenance responsibility upon future phase final plat and final acceptance of improvements. This responsibility must be indicated in the certificate of dedication on the final plat. 13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland compliance per each sub phase of Phase 5 must also be shown in the Parkland Tracking Table as required in Section 38.420.020 BMC and be placed on the conditions of approval sheet of the final plat. On Preliminary Plat page 3 and Park Plan L100, consolidate the Parkland tracking table displaying the same phase and zoning district lot sizes together in one row. Add a row with details about when the Park Master Plan was approved and a row that gives the total cost of improvements being constructed. If an improvements agreement will be requested, please indicate that within the table. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton Ranch Properties, LLC and the US Army Corps of Engineers within the City park parcel is transferred to the City of Bozeman with the final plat. 15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. 16. If not already filed, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; 285 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 9 of 29 b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; d. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; e. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage; f. Intersection improvements to Laurel Parkway and Durston; g. Intersection improvements to Laurel Parkway and West Babcock Street; h. Intersection improvements to Laurel Parkway and Huffine Lane; i. Intersection improvements to Cottonwood Road and Huffine Lane; and j. Intersection improvements to Cottonwood Road and West Babcock Street. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of these improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage for the full length of the development. 18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage Block 16 of the development. 19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive frontage of Lot 11 Block 22 of the development. 20. The applicant must include a note on the plat as follows, “This is a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the storm drainage system. Water from sump pumps may not be discharged onto streets, or into the curb and gutters where they create a safety hazard for pedestrians and vehicles.” 21. The subject property is located in an area with high groundwater with potentially corrosive soils, which can increase the likelihood of water main failure over the lifespan of the asset. The applicant must perform a corrosivity 286 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 10 of 29 analysis to determine if cathodic protection is required for the proposed distribution mains. 22. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 23. The applicant must provide a drain tile maintenance plan for the existing tile drain along Fallon Street to the City Engineering Division for approval and include the maintenance plan in the POA documents prior to final plat approval of any plan within Phase 5. The plan must include the long term maintenance instructions for the POA and an exhibit clearly showing the location and detail for the tile drain. 24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 25. The stormwater design assumes a flow rate from the infiltration of groundwater water. No data has been provided to justify this flow rate. Prior to completion and acceptance of the stormwater design the infiltration flow rate must be verified during the period of seasonal high groundwater. If the flow rate exceeds the assumed value, the system must be altered to ensure all City drainage standards are met. Verification may not take place while dewatering is in operation. The applicant must send verification to the Community Development Office before final plat approval. 26. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the infrastructure improvements per BMC Section 38.270.030.B. 27. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of 287 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 11 of 29 Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 28. The complete right-of-way for Laurel Parkway from West Babcock to the northern boundary must be dedicated with the initial phase of the subdivision. 29. Temporary stormwater easements must be provided for the stormwaterponds not located within a common open space lot. The easement language must be approved by the City of Bozeman and the executed easements recorded with the final plat. 30. A separate lot must be created for the Norton Ranch Lift Station. The lot must be transferred to the City at the time of final plat to enable the long term access, maintenance, and operation of the station. 31. As proposed the City’s minimum length of tangency at intersection cannot be met with the proposed public street easement between lots R1A and R1C. The easement and lots must be adjusted to ensure the City’s minimum street standard can be met. 32. A minimum of a 12 foot all weather access ramp designed to support maintenance vehicles must be constructed to the stormwater pond at the northwest corner of the site. The access must be reviewed and approved with the subdivision infrastructure plans. 33. A sixty foot wide Public Street and Utility Easement must be provided on Lots R1A, R1B, R1C, and R1D. The easement must be centered on the lot lines and extend the full width of the lots. These easements must be provided at final plat with a separate document which contains the City’s standard public street and utility easement language. Upon future subdivision of Lots R1A- R1D, the easement may to be revised to ensure compliance with the City’s street and block length standards. 34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on the final plat that states the following: Notice is hereby given to all potential purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision, City of Bozeman, Gallatin County Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.270.030. As such, the restriction is filed with the final plat that stipulates that any use of these lots is subject to further subdivision or zoning development review and no development of these lots shall occur until all on and off-site improvements are completed as required under the BMC. Therefore, be advised that building permits will not be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structures requiring water or sewer facilities shall be utilized on these lots until this restricted is lifted. This 288 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 12 of 29 restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. 35. Linear Park 5B and all improvements within it must be completed with Phase 5A. 36. The Property Owner Covenants cannot exclude accessory dwelling units and duplexes from the allowable uses. The City must be a party to the covenant. SECTION 3 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The property owners’ association (POA) documents must be finalized and recorded with the initial final plat within Phase 5 of the entire property. The POA documents must include the requirements of Section 38.220.300 and 38.220.320. 2. BMC 38.220.070.A.8 Final plat review. The applicant must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must provide sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community development department with a copy of all required streambed, streambank or wetlands permits or written notification from the appropriate agency the status of the wetland jurisdiction determination whether or not a 404 permit is required prior to the commencement to final plat approval of PHASES 5C and 5D. 4. BMC38.400.010.A.2. Laurel Parkway is a collector street as identified in the City’s transportation master plan. Laurel Parkway must be fully constructed to ensure the convenient and reliable movement of traffic and effective access for emergency services. Laurel Parkway must either: 1) be constructed from the northern property line of the subdivision to West Babcock Street prior to the initial final plat approval of Phase 5A, or 2) be constructed from the northern property line of the subdivision to West Babcock Street prior to the future subdivision or site development of lots within Phase 6, whichever comes first. This section of Laurel Parkway must be guaranteed with an improvements agreement in order to receive final plat approval for Phase 6. 5. BMC 38.400.010.A. Parking must be restricted at all locations where the City’s Design Standards and Specification Policy (DSSP) minimum for Length of Tangency at Intersection has been deviated from and stopping sight distance cannot be met with the presents of parked vehicles. 289 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 13 of 29 6. BMC 38.400.010.A. STOP signs are required at all location where the City’s DSSP minimum for Length of Tangency at Intersection has been deviated from on non-through streets. 7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the approval of the first phase within Phase 5. 8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a POA and, the applicant must record the proposed documents governing the association at the time of final plat of any phase within Phase 5. 9. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city is a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval of any phase within Phase 5. 10. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. 11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city 290 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 14 of 29 attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 12. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 13. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat. 14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 15. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be financially guaranteed by an improvements agreement or installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state of Montana, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. 16. BMC 38.420.090. Statements regarding waiver of right to protest the creation of the parks and trails district and indicating that parkland is maintained by the 291 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 15 of 29 POA may be removed from the plat and covenants, with the exception of the comments regarding retention ponds. 17. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and all open space lots is required prior to final plat approval. 18. BMC 38.410.060. A City standard sewer easement must be provided for the proposed sanitary sewer connection along the northern property at any point where the sewer line is less than nine feet from the edge of public right-of- way (ROW) or if the access to a manhole falls outside of the public ROW. No easement has been shown on the plat. Additionally, the 10 foot front yard utility easement must be provided along the park and may not be placed within the sewer easement. The 10 foot utility easement must start from the edge of the ROW or sewer easement, whichever is greater and extend 10 feet into the property. 19. BMC 38.410.060. A drainage easement must executed and recorded for the stormwater pond outlet pipe from where the pipe leaves the subject property to the discharge point into Aajker Creek. This easement must be provided prior to the subdivision’s infrastructure approval. The easement must allow for the long term access and maintenance of the pipe by the POA and access by City staff to verify the pipe is being maintained. 20. BMC 38.410.060. The City standard 10 foot utility easement must be extended along the western and eastern parks where the park fronts on public ROW. This easement must be shown on the final plat. 21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be reconfigured to allow for phased development of the Norton Ranch Subdivision. The exact configuration is dependent on the phase and number of dwelling units to be served. Currently, there are three pumps at the lift station with a single principal pump that can operate under different hydraulic conditions that the station experiences, specifically column separation after pumping cycles. Montana Department of Environmental Quality (DEQ) Circular 2 requires that multiple pumps must be provided and of the same size. Units must have capacity such that, with any unit out of service, the remaining units will have capacity to handle the design peak hour flow. The station does not satisfy DEQ firm capacity requirements. The lift station must be upgraded prior to final plat approval for any phase within Phase 5. 292 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 16 of 29 22. BMC 38.410.070.A. 12 foot all weather access must be provided to each manhole proposed outside of the public right-of-way, specifically sanitary sewer along the northern property boundary. The existing asphalt pathway is not intended to support the loading from a City vacuum truck. The applicant must provide a pavement design report for the pathway demonstrating the necessary section required to support a City vacuum truck and upgrade the pathway as need. This report must be provided with the infrastructure submittal for the subdivision. 23. BMC 38.410.080.A. The proposed stormwater discharge from the detention pond on the northwest corner of the development is located off-site. The applicant must obtain an easement from the adjacent property owner for the off-site discharge prior to final plat approval of any phase within Phase 5. 24. BMC 38.410.080.A. The subdivision is responsible for maintaining the stormwater system. A stormwater maintenance plan must be reviewed and approved with the infrastructure submittal. The approved plan must then be incorporated into the POA documents and a copy of the POA documents demonstrating inclusion of the stormwater maintenance must be provided to the Community Development Division prior to final plat approval of any phase within Phase 5. 25. BMC 38.410.080.A. 12 foot all weather access must be provided to each stormwater manhole proposed outside of the public ROW and extend into all proposed ponds. 26. BMC 38.410.130. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash in lieu of water rights and pay any cash in lieu of water rights due prior to final plat approval. 27. BMC 38.400.040.A.2. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 28. BMC 38.400.070. Subdivision lighting special improvement lighting district (SILD) information must be submitted to the City in hard copy and digital form. Any final plat application for Phase 5 will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. 29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located within Phase 5 must be obtained from the US Army Corp of Engineers prior to infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the 293 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 17 of 29 subdivision. The determination must be provided to the City prior to infrastructure design approval. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application was adequate for continued review and recommended approval with conditions on February 5, 2021. The Planning Board will conduct a public hearing to review the preliminary plat and make a recommendation to the City Commission. The public hearing date for the Planning Board is on March 1, 2021 at 6:00pm via WebEx. The public hearing date for the City Commission is on March 9, 2021 at 6:00pm via WebEx. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval number 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 2 and 3 of this report identify conditions and code requirements necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 294 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 18 of 29 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The City Commission is scheduled to review the preliminary plat and make a decision at their March 9, 2021 public hearing. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman Municipal Code. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130.A.5.a(4), the City Commission must approve, conditionally approve or deny the subdivision application by April 6, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On February 22, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 2 and 3. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All city utilities will be located within dedicated street right of ways. Conditions 3 and code requirement 20 require performance of these obligations. 295 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 19 of 29 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to proposed public streets required to be constructed to City standards per BMC 38.400 and associated design standards. In addition, pursuant to BMC 38.400.090.A, plats must contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the City modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture on the site. The subject property is designated as residential according to the City of Bozeman Community Plan. The area is zoned for residential and has been annexed but is vacant. The buildable portion of the proposed subdivision is entirely residential. No viable farm units exist on the property. The subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. There are no active agricultural water use facilities located within the development. The area is zoned for residential and has been under development for many years. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way of Babcock Street to serve the development. The subdivider proposes to extend water and sewer mains throughout the development and to the individual lots within the subdivision. These internal water and sewer mains will be installed or guaranteed prior to final plat approval. The Norton Ranch Lift station must be upgraded prior to any final plat approval for any phase within Phase 5 and a separate lot must be created for the station as outlined in condition of approval number 30 and code provision number 21. The applicant must provide transfer of ownership of the irrigation facility to the property owners’ association (POA) so that the POA can legally have the water resources necessary to maintain the open space. Irrigation facilities to support the proposed parks must be transferred to the City. Condition of approval number 26 and code provisions 18, 19, and 20 outline the required completion of easements and physical installation of water and sewer mains. Cash in lieu of water rights is required to provide long term water to the project. Code provision 26 applies to this issue. 296 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 20 of 29 Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout utilizes West Babcock Street, a collector, and Vaughn Drive, a local street, to provide east west connectivity and Laurel Parkway, a collector, provides north to south connectivity. Other internal local streets provide access to all lots. The project is well connected and meets block length requirements with the proposed streets and pedestrian midblock crossings. With the initial application (18278), Laurel Parkway was proposed by the developer to be constructed in two phases which was not in compliance with code requirements. The City Commission heard the item on November 17, 2020 and required that the applicant construct Laurel Parkway in one phase from Durston Road to West Babcock. In order to accommodate this requirement, the applicant has submitted this application to modify the conditions of approval and phasing of the development in which the restricted lots in Phase 6 can be sold off to help finance the construction of Laurel Parkway. Laurel Parkway must be dedicated with the initial phase of the subdivision as outlined in condition of approval number 28 and completed prior to the final plat approval of Phase 5A and guaranteed with the final plat for Phase 6 as outlined in code provision number 4. The development’s traffic impact study has identified the intersection of Laurel and Durston will fall below the City’s level of service requirements in the future. However, based on the subdivision’s build out year, the Engineering Department has determined the intersection will have an acceptable level of service by the completion of the entire subdivision as ensured by condition of approval number 7. Street lighting is a component of the required street improvements. A special improvement lighting district (SILD) is proposed to maintain these facilities. Condition number 8 ensures that the SILD will be formed and effective before final plat. The requirement for a single SILD will simplify long term maintenance of the street lights and provide a cost that is more equitably shared. Maintenance and use of public streets is subject to the terms of the Bozeman Municipal Code. The certificate of dedication for the final plat must specify responsibilities for maintenance of all streets, parks and open spaces. Code provisions apply to this issue. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of 297 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 21 of 29 the property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions number 10, 22, and 25 ensures this will be satisfied according to standards with the final plat. There is a proposed stormwater discharge from the detention pond located in Park 5A that then drains off site into Aajker Creek to the west. An easement from the property owner to the west must be acquired in order for the stormwater to travel off site of the Norton property into Aajker which is addressed in condition number 22 and code provision number 19 and 23. Parklands - The proposal meets the required park dedication and improvement standards. The Recreation and Parks Advisory Board recommends approval of the park master plan. A final park plan will be completed and approved with the initial final plat. The parkland proposal for Norton Ranch Phase 5 consists of parkland totaling 8.76 acres within 5 City park lots. A large amount of this land is within watercourse setback areas and the parkland contribution is reduced accordingly; however the inclusion of the watercourses and setback areas within the larger park parcels was allowed with the approval of the Park Master Plan for Norton Ranch Subdivision approved on September 27, 2010 and previous phases. There is a linear park corridor along the west edge of the subdivision that coincides with Aajker Creek. This linear park was proposed to be built in two phases, the southern portion with 5A and the northern portion with 5B. The applicant has agreed to construct the linear park and the trails with Phase 5A as described in condition number 35. At the northwest corner of Phase 5, there is a 1.769 acres park proposed including a .785 acre retention pond. The large park lot is 5.636 acres with 1.678 acres of wetlands. Within this park, there will be a playground area, a parking lot, a Class II gravel pathway, and wayfinding signage. Condition of approval 13 and 14 and code provisions 7 and 15 address park easements and dedication within the development. 4) The effect on the Natural environment Wetlands exist on the property on the eastern portion and on the northern property boundary. The watercourse setback for this wetland is located mainly on the proposed park but does impact some of the lots on the eastern and northern portion of the development, part of Phases 5C and 5D. The City required an updated wetland delineation as it had been over 5 years since the most current one was conducted that was used for previous Norton Ranch phases. The 2018 delineation results indicated that the wetlands had expanded since 2006 due to a several sources of water that have since been abandoned or diverted to Aajker Creek, which flows to the west of the development. Due to this expansion, a new jurisdictional status determination is required from the U.S. Army Corps. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See 298 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 22 of 29 Appendix E, Wetland Exhibit for wetland boundary changes. Review of this determination is underway and if it is determined that the wetlands are classified as jurisdictional, they fall under the purview of the U.S. Army Corps which will require additional permitting such as a 404 permit and possible mitigation. Some of the wetland boundary encroaches into lots in Phases 5c and 5d which could result in the wetlands needing to be filled in order for the lots to be developed if they are classified as jurisdictional. Condition of approval number 15 and code provision 3 and 29 ensures that wetland jurisdiction determination must be completed prior to final plat approval. The City requires use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Code provision 11 requires that necessary ownership and rights be transferred to the POA or City as appropriate. The site is in an area of high groundwater, which may negatively impact future homes or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition of approval number 20 prohibits use of basements. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by grazing which has reduced wildlife habitat. There are no known endangered or threatened species on the property. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects related to wildlife impact from this proposed development. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on October 31, 2017. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat 299 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 23 of 29 Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. 38.220.060.A.1 Surface Water As stated in the analysis above on the natural environment, wetlands and surface waters exist on the property. Surface waters on the property a preservation wetland located along the east boundary of the property, a temporary drain ditch excavated in January 2015 along the north property boundary, and an existing temporary retention located in the southwest corner of the property. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See Appendix E, wetland exhibit. 38.220.060.A.2 Floodplains Material Waived. There are no designated floodplains on or immediately adjacent to the site. 38.220.060.A.3 Groundwater The groundwater monitoring well report is included at the end of the stormwater design report in Appendix B of the application submittal. Groundwater levels in the monitor wells were measured during the spring of 2018 and groundwater depths ranged from .5 feet to 2 feet. Condition of approval 21 and 25 require additional data to ensure that all City drainage standards are met. The geotechnical investigation conducted in January 2018 is included in Appendix C. Groundwater was encountered in all test pit excavations. Condition 20 restricts basements and crawl spaces for this reason. Plat note 7 restricts crawl spaces and basements and prohibits discharging from sump pumps into the sanitary sewer, storm sewer or onto streets and gutters. A drain tile analysis was conducted in October 2016 to discuss a historic drain tile system that was partially truncated during infrastructure development that occurred in 2013. A replacement drain tile system was installed late 2016, early 2017 to restore the groundwater balance. The associated agency approvals for this system are located in Appendix E. An easement has been granted to Norton Properties, LLC that allows a perpetual drainage pipeline to deliver discharge from the drain tile system to Aajker Creek located to the west of the proposed development and is located in Appendix B. Condition 24 address the drain tile system. Impacts to groundwater are mitigated by conditions of approval and code requirements. 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. The geotechnical investigation conducted in January 2018 is included with this application in Appendix C. The soil was deemed 300 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 24 of 29 acceptable to carry the burden of infrastructure with foundation recommendations and bearing capacity detailed in the report. 38.220.060.A.5 Vegetation The site has a history of agriculture with few native plants present except possibly in wetland fringe areas. Wetland mitigation located east of Phase 5 and within the proposed park was conducted in 2007. A summary of this report and conservation easements are included in Appendix E. A watercourse setback bordering the east side of the development and in the park will be revegetated with native grasses and shrubs. 38.220.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be found on the property. 38.220.060.A.7 Historical Features Material waived. No notable features are on the site. 38.220.060.A.8 Agriculture Material waived. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities There are no active agricultural water user facilities located within the development. 38.220.060.A.10 Water and Sewer New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. The required design reports have been provided in Appendix A. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of water rights is required to provide long term water to the project. Code provision 26 applies to this issue. 38.220.060.A.11 Stormwater Management Stormwater within the subdivision will be conveyed via surface gutter flow to cub inlets, then underground via storm drain piping to a stormwater detention pond located in Park 5A. See stormwater design report in Appendix B. 38.220.060.A.12 Streets, Roads and Alleys A traffic impact study was completed and is included in Appendix F. It was determined by the Engineering Department that the street infrastructure proposed will adequately service the subdivision with the exemption of condition of approval number 28 and code provision 4. See discussion above under primary review criteria. 38.220.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. Standard 10 foot front setback utility easements are provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 301 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 25 of 29 38.220.060.A.14 Educational Facilities A letter was received from Director of Facilities of Bozeman Public Schools. Adequate capacity is available and detailed in Appendix C. 38.220.060.A.15 Land Use The use proposed is exclusively residential for the buildable portion of phase 5, which conforms to the future land use designation and zoning purposes. 148 lots will be developed with Phase 5 which are to the west of Laurel Parkway. The R1A, R1B, R1C, and R1D restricted development lots part of Phase 6 to the east of Laurel Parkway are subject to further subdivision review prior to development. 38.220.060.A.16 Parks and Recreation Facilities There is a Master Park Plan for this project located in Appendix G which details the proposed parks. See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Material waived. A Neighborhood Center was satisfied with Phase 3 on the southeast corner of Babcock and Laurel Parkway. In this neighborhood center includes pedestrian infrastructure and park amenities. The entirety of Phase 5 is within one-half mile of the existing neighborhood center. 38.220.060.A.18 Lighting Plan All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A special improvement lighting District (SILD) must be created prior to final plat application. 38.220.060.A.19 Miscellaneous Material waived. No additional impacts or hazards anticipated. 38.220060.A.20 Affordable Housing There will be 14 affordable single household detached lots constructed to meet affordable housing requirements. They are expected to be single family detached homes with 3 bedrooms. The affordable homes will be constructed in Phase 5A on Lots 1, 2, 21 and 22 of Block 23, Lots 1 and 2 of Block 22, Lot 8 and 9 of Block 18, Lots 8, 9, 10 and 11 of Block 19 and in Phase 5C on Lots 10 and 11 of Block 18. CAHAB reviewed and recommended approval of the Affordable Housing Plan. See Appendix H for more information on the affordable housing plan. Condition 12 and code provisions 9 and 10 detail affordable housing requirements prior to final plat approval. SECTION 6 – FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. 302 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 26 of 29 B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on March 9, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on March 9, 2021 and no members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. 303 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 27 of 29 DATED this ______ day of ___________, 2021 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney 304 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 28 of 29 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Moderate Density), R-3 (Residential Medium Density District), and R-4 (Residential High Density District. The buildable portion of the subdivision subject to immediate development is located in the R-2 and R-3 districts. The intent of the R-2 residential moderate density district is to provide for one- and two- household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for community facilities to serve such development while respecting the residential quality and nature of the area. Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial 305 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 29 of 29 centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.220, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the notice contained all elements required by Article 38.220, BMC. No public comment has been received. APPENDIX C - OWNER INFORMATION Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701- 5877 Applicant: Kilday & Stratton, Inc., 2880 Technology Boulevard West, Suite 273, Bozeman, MT 59718 Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718 Report by: Sarah Rosenberg, AICP, Associate Planner FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. 306 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Notice of Award to Dick Anderson Construction, Inc. for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project, and Final Contract Documents Once Received MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a notice of award to Dick Anderson Construction, Inc. for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project, and final contract documents once received. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Water Reclamation Facility (WRF) Solids Handling Building Project will expand the capacity of the solids handling process at the WRF through the installation of a new solids screw press and building expansion to a house sludge conveyor and sludge haul trucks. The project also includes the addition of a new headworks screen within the original headworks building to provide screening capacity for large materials entering the WRF to protect and increase the effective capacity of downstream finer screens within the new headworks building. The new headworks screen and screw press major equipment will be purchased by the City under an equipment procurement contract with Huber Technology, Inc. and provided to the construction contractor. Said procurement contract is a complementary element to the construction contract. Construction bids were received, opened, and tabulated for the project on March 3, 2021. The certified bid tabulation is attached to this memo. Dick Anderson Construction (DAC) submitted the lowest base bid for the project, which serves as the determining basis of award of the construction contract. In addition to the base bid, the project bid form includes additive alternates A, B, and C. Alternate A provides an addition sludge pump and piping to operate the existing and new screw presses in parallel. Alternate B is for a transverse sludge conveyor to aid sludge truck loading operations. Alternate 307 C is a larger building expansion to provide space to house two sludge haul trucks, since the base bid only provides space for one. The bidding documents allow the City discretion to include any combination of these additive alternates with the construction award. HDR Engineering has reviewed DAC’s bid, including alternates, has found it responsive and substantiated by the engineer’s construction estimate, and recommends award of the Base Bid plus Alternate C. The engineer’s award recommendation letter and a Notice of Award are attached to this memorandum. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The Notice of Award provided contains a construction contract amount of $2,296,033 for the Base Bid plus Alternate C. Project construction costs are funded through CIP Project WW49 (FY2019 & FY2021), Project WW76 (FY2021), Project WW110 (FY2022), and Project WW69 (FY2021), which when summed provide a total funding amount of $3,245,000. Of this total, $337,097 has been previously obligated to HDR Engineering to cover design, bidding, and construction administration costs. The complementary equipment procurement contract cost amounts $605,121. Deducting these costs from the total available funding amount leaves $2,302,782, which is sufficient to cover construction costs contained in the Notice of Award. Attachments: Certified Bid Tabulation Recommendation to Award_Mar 10 2021.pdf 00 51 10 - EJCDC C-510 NOTICE OF AWARD 2018.pdf Report compiled on: March 11, 2021 308 D o c u S i g n E n v e l o p e I D : 0 D 3 0 D D 1 D - 3 0 E 7 - 4 3 4 8 - 8 8 1 F - A D A B 8 0 0 4 3 6 C 5 309 NAME & ADDRESS Bidder's Contractor License No. or Tax ID ADDENDUM No. 1 ACKNOWLEDGED ADDENDUM No. 2 ACKNOWLEDGED Total Base Bid Amount Bid Alternate A Bid Alternate B Bid Alternate C Dick Anderson Construction 88 Bull Trout road Bozeman, MT 59718 4391 Y Y $1,965,763.00 145,137.00$ 128,977.00$ 330,270.00$ Prospect Construction, Inc. 116 23rd Street SE Puyullap, WA 98372 255598 Y Y Y Y Y 2,052,487.62$ 106,050.00$ 141,400.00$ 181,800.00$ COP Construction LLC, PO Box 20913 Billings MT 59104 55440 Y y Y Y Y 2,138,786.10$ 111,239.00$ 129,790.00$ 214,168.00$ Brian Heaston Mike Maas Jesse DiTommaso Tom Radcliffe Engineer III City Clerk Deputy City Clerk WRF Superintendent Bid Check:Delivered to Finance:Accepted By:Date: 1 23 4 These bids were opened and read before the undersigned at 2:00 PM on Tuesday, September 8, 2020. NON- DISCRIMINATION AFFIRMATION Y City of Bozeman BID - WRF Solids Handling Building Expansion and Pretreatment Building Expansion NON-COLLUSION AFFIDAVIT BID BOND Y Y DocuSign Envelope ID: 0D30DD1D-30E7-4348-881F-ADAB800436C5 310 March 10, 2021 Brian Heaston, PE City of Bozeman Engineering 20 East Olive Street Bozeman, Montana 59715 Solids Dewatering Building Expansion and Headworks Improvements Project Award Recommendation Dear Mr. Heaston, Bids for construction of the Solids Dewatering Building Expansion and Headworks Improvements Project were opened on March 3rd. Three bids were received. The certified bid tabulation for the three bids is attached. The low bidder was Dick Anderson Construction out of Bozeman. Dick Anderson was the low bid by 4% from the second and 8% from the third bidder. The low bid was 5% lower than the engineering estimate for the Total Base Bid Amount. Additionally, bids were received for the following three alternates: • Alternate A – The installation of a new positive displacement pump, and associated piping modifications to allow both the existing and new screw press to operate in parallel. • Alternate B – The installation of a new transverse conveyor in the truck load out to accommodate solids from the existing and new conveyor systems. • Alternate C – The lengthening the planned truck bay addition. In this alternate the truck bay would be expanded from the base bid dimension of 20 ft by 40 ft to 20 ft by 80 ft in order to house two loading trucks. The City would like to move forward with Alternate C in addition to the base bid for an additional amount of $330,270. The City’s award of base bid and Alternate C is responsive and substantiated by comparison to the engineer’s estimate of this combination. We have reviewed their qualifications and find them to be a responsive and qualified contractor. We recommend the City proceed with the steps necessary to award the project to Dick Anderson for a total of $2,296,033. If you have any questions of comments, please do not hesitate to contact me. Sincerely, Coralynn L. Revis, PE Project Manager HDR Engineer, Inc. 311 D o c u S i g n E n v e l o p e I D : 0 D 3 0 D D 1 D - 3 0 E 7 - 4 3 4 8 - 8 8 1 F - A D A B 8 0 0 4 3 6 C 5 312 NAME & ADDRESS Bidder's Contractor License No. or Tax ID ADDENDUM No. 1 ACKNOWLEDGED ADDENDUM No. 2 ACKNOWLEDGED Total Base Bid Amount Bid Alternate A Bid Alternate B Bid Alternate C Dick Anderson Construction 88 Bull Trout road Bozeman, MT 59718 4391 Y Y $1,965,763.00 145,137.00$ 128,977.00$ 330,270.00$ Prospect Construction, Inc. 116 23rd Street SE Puyullap, WA 98372 255598 Y Y Y Y Y 2,052,487.62$ 106,050.00$ 141,400.00$ 181,800.00$ COP Construction LLC, PO Box 20913 Billings MT 59104 55440 Y y Y Y Y 2,138,786.10$ 111,239.00$ 129,790.00$ 214,168.00$ Brian Heaston Mike Maas Jesse DiTommaso Tom Radcliffe Engineer III City Clerk Deputy City Clerk WRF Superintendent Bid Check:Delivered to Finance:Accepted By:Date: 1 23 4 These bids were opened and read before the undersigned at 2:00 PM on Tuesday, September 8, 2020. NON- DISCRIMINATION AFFIRMATION Y City of Bozeman BID - WRF Solids Handling Building Expansion and Pretreatment Building Expansion NON-COLLUSION AFFIDAVIT BID BOND Y Y DocuSign Envelope ID: 0D30DD1D-30E7-4348-881F-ADAB800436C5 313 HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements EJCDC C-510 NOTICE OF AWARD 2018 00 51 10 - 1 NOTICE OF AWARD Date of Issuance: March 10, 2021 Owner: City of Bozeman Owner’s Project No.: Engineer: HDR Engineering Engineer’s Project No.: 10176456 Project: City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements Project Contract Name: N/A Bidder: Dick Anderson Bidder’s Address: Bull Trout Rd., Bozeman, MT 59718 You are notified that the Owner has accepted your Bid dated March 3, 2021 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: The City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements Project, Base Bid, which includes construction of a pre-fabricated expansion to the existing solids dewatering building at the Bozeman Water Reclamation Facility; installation of a new screw press and conveyor system; HVAC improvements to the solids dewatering building; installation of a new bar screen in the existing headworks building; and ancillary electrical and instrumentation and controls work. The new screw press and new bar screen major equipment will be owner furnished. HVAC air makeup unit for the new truck bay expansion to the existing solids dewatering building and shall be sized for the 20’x80’ option within the base bid. AND Bid Alternate C, which includes lengthening the planned truck bay building addition. In this Alternate C the truck bay would be expanded from the base bid dimensions of 20’ x 40’ to a dimension of 20’ x 80’ in order to house two loading trucks. The Contract Price of the awarded Contract is $2,296,033. 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. Five (5) 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 five (5) 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. 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. 314 HDR Project No. 10176456 City of Bozeman WRF Solids Dewatering Building Expansion and Headworks Improvements EJCDC C-510 NOTICE OF AWARD 2018 00 51 10 - 2 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: City of Bozeman By (signature): Name (printed): Title: Copy: Engineer 315 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, PE, Engineer II Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Public Utility Easement, an Emergency Services Access Easement, and a Public Pedestrian Access Easement with Bangtail Partners, LLC for the Cottonwood and Ida PUD Project (20221) MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a public utility easement, an emergency services access easement, and a public pedestrian access easement with Bangtail Partners, LLC for the Cottonwood and Ida PUD Project (20221). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Public Utility Easement Emergency Services Access Easement Public Pedestrian Access Easement Report compiled on: March 2, 2021 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 Memorandum REPORT TO:City Commission FROM:Diane Tolhurst, Development Review Coordinator Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Authorize City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Human Resource Development Counsel, District IX (HRDC) for Infrastructure Improvements for the Housing First Village Site Plan Project (20348) MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a conditional irrevocable offer of dedication with HRDC for infrastructure improvements for the Housing First Village Site Plan Project (20348). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Housing First Village is a safe and sustainable model designed to support successful reintegration into community living and permanent housing. The single-user “tiny” homes or shelters provide a cost-effective solution to the growing issue of community homelessness, while maintaining the autonomy and dignity of the resident. The intent is for residents to be able to transition to other housing but because everyone’s situation is unique, there would not be limits in the duration of stay. Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Irrevocable Offer of Dedication Housing First Village 03032021 signed.pdf 332 Report compiled on: March 10, 2021 333 334 335 336 337 Memorandum REPORT TO:City Commission FROM:Diane Tolhurst, Development Review Coordinator Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Authorize the City Manager to Sign a Utility Easement with the Human Resource Development Counsel for Infrastructure Improvements to the Housing First Village MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a utility easement with the Human Resource Development Counsel for infrastructure improvements to the Housing First Village. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Housing First Village is providing utilities and other services the right to joint use of an easement for construction. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Impacts Affordable Housing. Attachments: 2021-01-04_HFV utility easement-draft.pdf Report compiled on: March 10, 2021 338 UTILITY EASEMENT _Human Resource Development Council of District IX, Inc_, GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through, and across a strip of land situated in Gallatin County, Montana, ten (10) , feet wide to be located on the following described real property: Lot 2, Wheat Commercial Subdivision (Plat J-58C) The easement is more particularly described on the attached Exhibit __A_____ which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this day of , 20 . By: Grantor STATE OF MONTANA ) )ss. County of Gallatin ) On this day of ,20 ___, before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) 339 Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /200 ACCEPTED: __________________________ CITY OF BOZEMAN by ________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) CORPORATE: STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 340 341 Memorandum REPORT TO:City Commission FROM:Diane Tolhurst, Development Review Coordinator Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with the Human Resource Development Counsel (HRDC) for Infrastructure Improvements to the Housing First Village MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a sewer and water pipeline and access easement and agreement with the Human Resource Development Counsel (HRDC) for infrastructure improvements to the Housing First Village. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Housing First Village is providing water and sewer rights to joint use of an easement for construction. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Impacts Affordable Housing. Attachments: 2021-01-04_HFV Water-Sewer Easement-draft.pdf Report compiled on: March 10, 2021 342 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Human Resource Development Council of District IX, Inc. , the GRANTOR(S), in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approx. 375 LF PVC (sewer) and approx.. 350 LF copper (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in, through, and across a strip of land situated in Gallatin County, Montana, minimum twenty (20) feet wide to be located on the following described real property: Lot 2, Wheat Commercial Subdivision (Plat J-58C) The easement is more particularly described on the attached Exhibit A which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water and sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation. 343 (2) That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ______ day of _____________________, 20 . ___________________________________ GRANTOR 344 STATE OF MONTANA ) ) ss. County of Gallatin ) On this ____ day of ___________________, 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared, __________________________, known to me to be the ____________________________ of _____________________________ and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of _________________________________. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana ___________________________________ (Printed Name) Residing in My Commission Expires ______/ /20 ACCEPTED: _________________________ CITY OF BOZEMAN By ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) ______________________________________ Notary Public for the State of Montana ___________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 345 346 Memorandum REPORT TO:City Commission FROM:Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with the National League of Cities Race, Equity, and Leadership (REAL) for Training Services MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with the National League of Cities Race, Equity, and Leadership (REAL) for training services. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND:The City's Inclusive City Plan calls for us to Identify anti-discrimination, implicit bias and systemic racism training for elected officials and department heads, and Implement additional anti-discrimination training for all city staff. We have been working with the National League of Cities' Race, Equity and Leadership (REAL) program to assist with developing anti-discrimination training for staff and elected officials in the coming months. As part of their scope of work, REAL will be working with our Inclusive City team, performing staff assessments, delivering REAL 100: Normalizing Racial Equity training, and providing support for incorporating the findings of the Gaps Analysis and moving forward with racial equity issues. UNRESOLVED ISSUES:We are entering into this initial contract with REAL to provide basic training to all city staff and elected officials, called REAL 100: Normalizing Racial Equity. We recognize the need for further training and are hopeful that we will receive grant funding that will allow us to engage REAL for more work in the future. These future courses are NOT included in what we are currently purchasing, but they are described on page 4 of 6 of the attached scope document as "additional training". They are: REAL 200: Operationalizing Racial Equity in Local Government, REAL 300: Organizing Racial Equity in Local Government, and REAL 400: Train the Trainer in Advancing Racial Equity in Local Government. Again, we hope to enter into future agreements that will add to our training plan with REAL. 347 ALTERNATIVES:Do not enter into the agreement (not recommended). FISCAL EFFECTS:This contract will require spending on employee training and development in a total amount of $23,364. This amount will come from various department budgets, including the Human Resource Department, which has sufficient budget authority. No budget amendment is required. Attachments: PSA - REAL Training.docx NLC-REAL Scope for the City of Bozeman MT 2021-02-10.pdf Report compiled on: March 2, 2021 348 Professional Services Agreement for NLC-REAL Training Services Page 1 of 11 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, the National League of Cities - Race, Equity and Leadership, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2021, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 349 Professional Services Agreement for NLC-REAL Training Services Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 350 Professional Services Agreement for NLC-REAL Training Services Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construedto negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 351 Professional Services Agreement for NLC-REAL Training Services Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 352 Professional Services Agreement for NLC-REAL Training Services Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 353 Professional Services Agreement for NLC-REAL Training Services Page 6 of 11 c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall beAnna Rosenberry, Assistant City Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writingand may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the 354 Professional Services Agreement for NLC-REAL Training Services Page 7 of 11 purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 355 Professional Services Agreement for NLC-REAL Training Services Page 8 of 11 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 356 Professional Services Agreement for NLC-REAL Training Services Page 9 of 11 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 357 Professional Services Agreement for NLC-REAL Training Services Page 10 of 11 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 National League of Cities, REAL Program CONTRACTOR By________________________________By__________________________________ Jeff Mihelich, City Manager Leon T. Andrews, Director ANDREWS@NLC.ORG APPROVED AS TO FORM: 358 Professional Services Agreement for NLC-REAL Training Services Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 359 Page 1 of 6 February 10, 2021 Anna Rosenberry, CPA Assistant City Manager City of Bozeman, MT PO Box 1230 121 N Rouse Avenue Bozeman, MT 59771 Dear Ms. Rosenberry, The National League of Cities (NLC), through its Race, Equity And Leadership (REAL) department, is pleased to respond to the City of Bozeman’s expressed interest in additional consultation to support the development and implementation of its racial equity goals. NLC applauds Bozeman for recognizing the importance of balancing city leadership and community engagement to address systemic and structural inequities. Our experience suggests that improving the racial equity within systems and structures requires political will, a readiness among all participants to not do business as usual, and commitment from top local leaders, public agencies, civil society and the community. We are excited to submit this scope of services for consideration based on the discussions we had with you. Background REAL’s mission is to strengthen local government leaders’ knowledge and capacity to eliminate racial disparities, heal racial divisions, and build more equitable communities. REAL does this through several intervention channels and support systems with the understanding that local government leaders may not know where or how to start. REAL has three strategic areas to support cities: 1. Provide Training & Technical Assistance that builds the capacity of local government leaders to identify racial disparities and effectively challenge and address issues through policy and practice. 2. Offer Network Building opportunities that promote peer-to-peer learning and showcase local government leaders who are advancing efforts through REAL. 3. Establish a Field of Practice that leverages new and existing partnerships, and shares knowledge and resources across cities that promote innovative solutions to racial equity challenges in local government. All of our virtual workshops include: ▪ Interactive and experiential components. Adult learning styles vary. We use varied forms (including exercises and small group discussions) to share information to ensure learning objectives are met. ▪ Explicit conversation and facilitation to illuminate the connection between individual, institutional, and structural racism. Our training methodology allows participants to make connections between individual experiences and the broader societal and structural ways in which race is constructed. We focus on institutional and structural strategies, as those are most effective for leveraging change. ▪ Strong, expert facilitation. Conversations about race can sometimes be difficult. We have a team of expert facilitators who are prepared to lead and guide conversation and to re-design activities in the moment to ensure participants’ time and experience is maximized. 360 Page 2 of 6 ▪ Applying learning. Racial equity concepts can, at times, be abstract. Our workshops focus on the application of learning in the workplace. Doing is often the best teacher. REAL recognizes the importance of responding to unique situations. Context matters. We tailor workshops and learning activities to best meet the needs of participants and organizations. All of our workshops are informed by: ▪ Context setting to understand how best to tailor content and exercises ▪ Background research to ensure content is relevant and focused on connections between institutional and structural change ▪ Interviews with a selection of participants to ensure design meets needs and expectations of participants We understand that Bozeman is ready to move forward to integrate equity as a value that is put into action. Leadership and staff must normalize racial equity as a key value and have clear understanding and shared definitions, operationalize equity via new policies and by transforming the underlying culture of our organizations, and finally, organize, both internally and in partnership with other institutions and the community. The deliverables and actions are based on our understanding of your desired direction for an initial scope of services, with specific attention to the internal leadership and staff We are strong believers in co-design; if any of our proposed options is either more, or less extensive than your desired direction, we would welcome the opportunity to adjust our scope to meet the scale of your expectations. If you have any questions, please do not hesitate to contact me or Rita Soler Ossolinski at ossolinski@nlc.org. SCOPE OF SERVICES The REAL team brings a wealth of substantial relevant experience and expertise, including leadership engagement; implementation of a comprehensive racial equity process; analysis of city infrastructures for advancing racial equity; training; and access to racial equity and racial healing experts and resources. We describe here the key contributions REAL will make to support the racial equity work in Bozeman Initial Consultation NLC REAL will conducted initial consultation virtual meetings as needed with the Bozeman leadership team. The meetings will be an opportunity to review and clarify expectations for the city council’s commitment to advancing racial equity in local government. Design and Conduct Assessment Establish an understanding of the context for action is essential for building an effective institutional transformation strategy. NLC will explore with the leadership team the opportunity to conduct a staff survey and a self-assessment using NLC’s Racial Equity Framework to Affect Systems Change. Survey of Staff. Key to program design and implementation is the collection of data from a broad cross-section of jurisdiction employees to understand perspectives on racial equity, areas of momentum upon which new work can be built, and places where challenges need be addressed. REAL will work with Bozeman leadership and staff to review, refine, and customize any instruments (i.e., surveys) used in collecting data. The initial survey process is often foundational, allowing for bi-annual redelivery of the instrument to track progress over time. 361 Page 3 of 6 Institutional Assessment. As part of the training process, the city leadership team is provided with an assessment continuum that can be used to chart the progress toward creating an equitable workplace. The continuum is employed during the training cycle. Racial Equity Training REAL offers a four-part training series on racial equity. For this proposal, REAL will design a training under our REAL 100 for city leaders and staff (6-8 hours minimum) on the history of institutional and structural racism in America. This training will equip leaders and staff with a shared language for racial equity, examine existing racial disparities in cities and its implication for advancing racial equity, and introduce important concepts and tools for organizing and operationalizing racial equity. REAL will also provide a REAL 100 session for Bozeman Commission members (3 hours minimum). This is an abbreviated version of the REAL 100 sessions that is focused on Commissioner education. Key learning topics: equity versus equality, implicit and explicit bias, individual and institutional bias, levels of racism, racial equity tools, disaggregating data, community engagement strategies The overall training series is designed around four key objectives: 1. Understand promising practices in local government to advance racial equity 2. Develop a shared understanding and common definitions for advancing racial equity 3. Identify opportunities to use a racial equity tool and data to drive results 4. Build an internal infrastructure for racial equity that includes opportunities to partner with the community Technical Assistance and Capacity Building Normalizing conversations about race includes developing and sharing a racial equity framework as well as operating with urgency and accountability. REAL will offer assistance to key staff with planning and integrating the REAL program and the work of the City’s current Inclusive City Core Team, Inclusive City Training Team, and the Gaps Analysis and Equity Indicators Report (to be delivered in Summer 2021 by Thomas P. Miller & Associates.) This will include recommendations for developing or strengthening capacity from across all departments that will sustain the engagement and build leadership that can facilitate greater commitment to advancing racial equity throughout the city. The training that REAL offers is more effective when it is balanced with technical assistance and the capacity building of the leadership team and the Inclusive City Core Team responsible for ensuring the sustainability of the city’s commitment to advancing racial equity. A national standard of excellence, the Racial Equity Framework to Affect Systems Change outlines the set of elements of success, indicators and processes to accelerate progress on complex social conditions for black, indigenous and people of color (BIPOC). These elements of success support the development and implementation of impactful strategies and programs to eliminate racial disparities, heal racial tensions and build a more equitable community. Information on Opportunities for Additional Racial Equity Assessments, Training, and Consultation Additional Assessments. There are two additional assessments that Bozeman can consider: Stakeholder Mapping. REAL works closely with local community partners to assess, design, and develop an approach for engaging a catalytic segment of community leaders to embody in attitude and action the traits that promote racial equity and racial healing. The approach reflects an intent for significant collaboration and appropriate 362 Page 4 of 6 integration or alignment with kindred initiatives that may already exist in the school districts, faith institutions, business sector, or community organizations. Data Governance. An initial assessment examines what data across agencies is collected and disaggregated by race and ethnicity. Analysis is provided on the available disaggregated data to identify potential patterns disparities. Recommendations are offered for improvements to infrastructure and processes to support disaggregation of data by race and ethnicity, including potential framing questions for discussion with city department leaders. Additional Training. REAL 200: Operationalizing Racial Equity in Local Government These sessions explore the implications and impacts of institutional and structural racism for members and staff. City leaders and staff spend a significant amount of time learning how to use a racial equity tool as they explore structural changes to daily operations, budgeting, communications, community engagement, and decision-making. Key learning topics: institutional and structural racism, racial equity tools, racial equity goals, community engagement strategies, head versus heart strategies, inside versus outside strategies, communication tools for talking about race ▪ Using a Racial Equity Tool – Instruction and practice on how to use a racial equity toolkit within policy, program, and budget decision-making processes. Participants gain skills by using the tool with their own lines of business that they would like to assess from a racial equity perspective. ▪ Communicating for Racial Equity – Communicating about race can sometimes be a challenge, but preparation and strategy make a big difference. This training provides tools for both interpersonal communication and communicating with the media and broader outside audiences. REAL 300: Organizing Racial Equity in Local Government These sessions create the opportunity for city leaders and staff to review the topical issues identified from the previous sessions and current issues shared during the sessions. City leaders and staff learn and apply the racial equity tool to these priorities and determine an approach for advancing racial equity in their city and could include the development a racial equity plan. Key learning topics: Racial equity tools, racial equity goals, racial equity plan, case studies ▪ Developing a Racial Equity Action Plan – Developing a Racial Equity Action Plan entails putting ideas and understanding into action, including building organizational infrastructure across the breadth (all functions) and depth (up and down hierarchy), using a Racial Equity Tool, and developing and implementing strategies. ▪ Tools for Organizational Change – This workshop provides hands-on exercises to discuss moving organizational change within government. Content is tailored to meet participants’ needs, and includes stakeholder analysis, power and politics, and tipping point theory. REAL 400: Train the Trainer in Advancing Racial Equity in Local Government Share curriculum that builds on the existing and growing field of governmental practices to advance racial equity. Participate in “train-the-trainer” sessions, so that internal capacity is built to implement and sustain training. 363 Page 5 of 6 A national standard of excellence, the Racial Equity Framework to Affect Systems Change outlines the set of elements of success, indicators and processes to accelerate progress on complex social conditions for black, indigenous and people of color (BIPOC). These elements of success support the development and implementation of impactful strategies and programs to eliminate racial disparities, heal racial tensions and build a more equitable community. Additional Consultation / Support. Plan and Host a REAL Talk Community Conversation Series. The REAL team can also work closely with the city and key community partners to host a REAL Talk series, which engages city and community leaders in a series of healthy and authentic conversations on race and draw conclusions from these conversations in order to make appropriate recommendations to City Council. The REAL team can co-design, develop and organize a replicable approach/model for engaging a catalytic segment of Bozeman neighbors to embody in attitude and action the identified culture traits that promote equity, inclusion, racial healing and relational trust. Meetings are organized to facilitate healthy community conversations by employing effective practices that cultivate both deep appreciation and understanding of the values of hospitality, respect, inclusion, justice and dignity and advancing equity in key topical areas (i.e., education, jobs, and economic development). This approach also reflects intent for significant collaboration and appropriate integration or alignment with kindred initiatives in Bozeman and other existing community-driven efforts. The REAL Talk Community Conversations incorporates opportunities for participants to review, understand and reflect on local disparities in human outcomes as measured by city data. In reviewing Bozeman’s data disaggregated by race, participants begin to understand trends and disparities in the city that have differential impacts by race. These conversations also develop opportunities to engage with community members regarding their own understanding and insights of the data and the root causes of these disparities that inform the data analysis efforts. The number of hosting/convening organizations and structure of the series of REAL Talk Community Conversations would be appropriately scaled to fit “capacity” and to ensure quality of process and outcomes, transparency and the optimal experience of all participants. A host organization is one who convenes the community conversations at their facility. A convening organization provides support, leadership for a community conversation convened at a public or more central facility. REAL Talk Community Conversations with community leaders: Anticipated areas to include but not limited to are: 1. Narrative Change- examining how to create and distribute new narratives in communications, digital and social media, monuments and parks and in the way we communicate that can influence people’s perspectives, perceptions and behaviors about and toward one another. 2. Racial Healing and Relationship Building- focusing on ways for all of us to heal from the wounds of the past, to build mutually respectful relationships across racial and ethnic lines that honor and value each person’s humanity, and to build trusting intergenerational and diverse community relationships that better reflect our common humanity. 3. Segregation/Separation- examining and finding ways to address segregation, colonization and concentrated poverty in neighborhoods to ultimately ensure equitable access to health, education and jobs. 364 Page 6 of 6 4. Local Economy: studying structured inequality and barriers to economic opportunities and recommending approaches that can create an equitable society. COST PROPOSAL The table below is a pricing framework. The package was priced and discounted because Bozeman is a member city of the National League of Cities. Below is an estimated budget for the proposed work. Annual cost 1. Initial Consultation. Sets tone, review plan and establish priorities $2,125 2. Assessment. Includes staff survey and institutional assessment $5,750 3. Virtual Training. REAL 100 (normalizing presentations) ▪ Two days (minimum 3 to 4 hours per day) with city leadership and staff ▪ REAL 100 session for Bozeman Commission members (3 hours minimum) $7,200 $4,275 4. Capacity Building. Planning and integrating the REAL program and the work of the City’s current Inclusive City Core Team, Inclusive City Training Team, and the Gaps Analysis and Equity Indicators Report $2,750 5. Ongoing Consultation. Review and identify opportunities for the next phase of the work $1,500 Sub-total $23,600 Admin (10%) $2,360 Subtotal $25,960 NLC membership discount $2,596 Grand Total $23,364 We appreciate your leadership and are excited about the possibility of moving this work forward. Please contact Rita Soler Ossolinski at ossolinski@nlc.org or 202-626-3008 with questions or to discuss next steps. Sincerely yours, Leon T. Andrews, Jr., Director Race, Equity And Leadership (REAL) National League of Cities 365 Memorandum REPORT TO:City Commission FROM:Frank Dougher, GIS Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Aero-Graphics for the 2021 Greater Bozeman Area Digital Orthoimagery Project MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Aero-Graphics for the 2021 Greater Bozeman Area Digital Orthoimagery Project. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The City of Bozeman regularly uses aerial photography and planimetric information to support regulatory, land management, planning, and engineering projects in addition to basemaps available throughout a wide variety of internet mapping applications to support public access to current information. This project will update all aerial imagery and building footprints for the entire 78.7 square mile planning boundary (map included in Attachment A of the attached RFP shows the area of interest). The desired flight dates are between April 1st and April 30th, 2021 with project completion within 90 days from photo acquisition. Aero-Graphics was selected through a competitive RFP process for professional services. This agreement has been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As Suggested by the City Commission. FISCAL EFFECTS:The total project cost to the City will be $41,430. Adequate funding exists for this project with $65,000 currently allocated within the FY21 Strategic 366 Services budget for the purchase of aerial photography (CIP Item GIS04). Attachments: Professional Services Agreement - Digital Orthoimagery 2021 Exhibit A - Aero-Graphics Scope of Services Aero-Graphics Certificate of Insurance Bozeman Aerial Photography RFP Report compiled on: March 10, 2021 367 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 1 of 11 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, Aero-Graphics Inc. of 40 W Oakland Ave, Salt Lake City, UT, 84115, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.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. 3.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 4. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to 368 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 2 of 11 perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 5.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 369 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 3 of 11 6.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way 370 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 4 of 11 connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 7. Termination for Contractor’s Fault: 371 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 5 of 11 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 8.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 372 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 6 of 11 d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 10.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Frank L. Dougher, (GIS Program Manager) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writingand may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Mason Decker, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s 373 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 7 of 11 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 11.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 12.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 13.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 374 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 8 of 11 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 14.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 15.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 16. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 375 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 9 of 11 17.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. 18.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 19.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 20.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 21.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 22.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 23.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 24.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 376 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 10 of 11 25.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 26.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. 27.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 28.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 29.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 30.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30, 2022. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 377 Professional Services Agreement for Digital Orthoimagery FY 2021 Page 11 of 11 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__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 378 Aero-Graphics, Inc. Mason Decker 40 West Oakland Avenue Salt Lake City, UT 84115 tel: 801.487.3273 fax: 801.487.3313 email: mdecker@aero-graphics.com City of Bozeman, Montana Request for Proposals Digital Orthoimagery February 3, 2021 Exhibit A 379 February 3, 2021 Jon Henderson Strategic Services Director City of Bozeman, MT P.O. Box 1230 Bozeman, MT 59771-1230 Subject: Request for Proposals - Digital Orthoimagery Dear Jon, Aero-Graphics is pleased to respond with this proposal for digital imagery acquisition and orthoimagery processing services as outlined in the above-referenced RFP. We have assembled a team of qualified professionals with the expertise necessary to deliver high-quality mapping and analysis on schedule at a cost-effective price. Please consider the following strengths that uniquely qualify the Aero-Graphics team for this contract: • Aero-Graphics has nearly 55 years of aerial mapping experience, including a working relationship with the City of Bozeman in 2018. • Aero-Graphics owns and operates the best and latest equipment for aerial mapping. Our Vexcel UltraCam Eagle digital camera system provides unsurpassed data accuracy and quality. • Aero-Graphics is a full-service aerial mapping company with licensed Professional Land Surveyors on staff and a reliable Montana-licensed survey subcontractor (Robert Peccia & Associations) who has current experience working with the City of Bozeman providing civil engineering services. Should you have any questions or require further information, please call me at (801) 487-3273 or email at mdecker@aero-graphics.com. Thank you for considering Aero-Graphics for this contract. Sincerely, AERO-GRAPHICS, INC. Mason Decker, Project Manager 380 1 | P a g e City of Bozeman, MT Digital Orthoimagery Table of Contents a. Executive Summary ..................................................................................... 2 b. Firm Profile ................................................................................................. 2 c. Description of Proposed Solution ................................................................ 3 d. Scope of Project ........................................................................................ 11 e. Related Experience with Projects Similar to the Scope of Services .............. 12 f. Statement of Qualifications ....................................................................... 16 g. References ................................................................................................ 16 h. Present and Projected Workloads .............................................................. 17 i. Key Personnel ........................................................................................... 18 j. Additional Information.............................................................................. 22 k. Affirmation of Nondiscrimination & Equal Pay ........................................... 23 l. Pricing……………………………………… ............................................................... 24 381 2 | P a g e a. Executive Summary Aero-Graphics, Inc., an SBA-registered small business, highly values this opportunity to provide the City of Bozeman with digital orthoimagery and building footprints to support its regulatory, land management, planning, and engineering projects. Aero-Graphics is uniquely qualified and has demonstrated its proficiency at performing wide-area image acquisition projects on time, on budget, and of the highest quality for numerous County governments, regional consortiums, City governments, and Federal government agencies throughout the United States. We were honored to have the opportunity to perform the 2018 City of Bozeman Digital Orthoimagery and LiDAR Data Collection. We value the friendships we built during the project and are looking forward to working with you again. At every stage of the project, Aero-Graphics strives to add value above and beyond the minimum requirements. Our twin engine Cessna T310R and top-of-the-line Vexcel UltraCam Eagle (UCE) digital camera system will be assigned to the City of Bozeman Project. Along with its unmatched image quality, its large footprint and lower number of required exposures translates into fewer required flight lines and faster acquisition, allowing us to take advantage of critical narrow weather windows. In addition, the Eagle’s 100mm focal length provides a greater angle of incidence and thus exhibits less building and tree lean than competing 70mm focal length sensors. Above all, Aero-Graphics is recognized for its superior project management, responsiveness, and excellent communication. Weekly progress reports with clear visualizations of project status are provided and can easily be distributed to all project stakeholders. Aero-Graphics is confident that its strengths will ensure the success of the City of Bozeman project, as well as the long-term success of the City of Bozeman and its partners’ future projects. We look forward to an opportunity to demonstrate our capabilities on this contract. b. Firm Profile Aero-Graphics is the fastest growing geospatial company in the Intermountain West. We have been in business for over 50 years and have had the same stable ownership for the last 40 years. Aero-Graphics, Inc. Mason Decker, Project Manager 40 West Oakland Avenue Salt Lake City, UT 84115 tel: 801.487.3273 fax: 801.487.3313 www.aero-graphics.com mdecker@aero-graphics.com 382 3 | P a g e c. Description of Proposed Solution Target Placement and Control Surveying | Prior to photography, Robert Peccia and Associates will target and survey the quality check shots in addition to the 16 aerial control points shown below in RED. Control will tie to both UTM Zone 12 and Montana State Plane Coordinates. Horizontal datum shall be NAD 83 (2011); Vertical datum shall be NAVD 1988. Working units shall be in Meters. Horizontal and vertical control for all targets will be accurate to within 5 cm. Aero-Graphics will provide a Survey Control Report to the City of Bozeman in XLS format with the following information included: AGPS/IMU coordinates (XYZ OPK), NAD83 Latitudes, NAD83 Longitudes, Project Eastings, Project Northings, Elevations, and description of equipment and software used in processing. Targets will be 1’ wide x 6’ arms. Targets will be in contrast with the ground and clearly visible from the air. Monuments will be flush with the ground (or otherwise noted in the control listing). 383 4 | P a g e Aircraft | Aero-Graphics owns and operates seven (7) aircraft, all based out of Bountiful, Skypark Airport KBTF, just minutes north of our main Salt Lake City office and processing center. Our twin-engine Cessna T310R and UltraCam Eagle digital camera system will be dedicated to the City of Bozeman Project to ensure proper and timely delivery. The UC Eagle is interchangeable between all seven aircraft. In the unlikely event that the assigned aircraft becomes unavailable, one of the others can replace it with ease. Each aircraft is maintained and operated with strict adherence to all FAA regulations. IFR instrumentation and other equipment necessary to operate within Class A airspace is standard on all our aircraft, and all are equipped with survey-grade GPS for precise acquisition over required areas. The sensor openings on the underside of each aircraft (pictured below) have been fabricated such that the camera lenses are open to the outside. Metal shields have been installed that protect the camera lenses from oil and exhaust, while leaving the camera’s field of view unobstructed. As part of Aero-Graphics’ Risk Management System (RMS), every lift requires a pre-flight inspection of the aircraft. This includes the following: • Fuel Level – Instrumental and Visual • Aileron and Control Surface freedom of movement • Engine Oil Level • Propeller Condition • Landing Gear Condition Our aircraft are professionally maintained by Aero Services, LLC located at our home base of Bountiful, Skypark Airport KBTF. Aero Services provides an on-the-shelf inventory of key parts for all of our aircraft, and prioritizes our planes’ maintenance and repairs above all others. When maintenance or repairs are required away from base, we carefully select trustworthy maintenance providers such as Tac Air, who understand the nature of aerial survey and will provide fast, quality service. Our twin-engine Cessna T310R and UltraCam Eagle digital camera system will be dedicated to the City of Bozeman Project to ensure proper and timely delivery. 384 5 | P a g e Digital Camera System | Aero-Graphics’ state-of-the-art Vexcel UltraCam Eagle (UCE) digital camera is noted as one of the finest digital camera systems currently available. It delivers 260 megapixels per image and the widest cross-track image format available in any frame-based sensor currently on the market. At 7.5cm GSD the swath covers nearly 1 mile on the ground. This configuration provides the best image-size to image- number balance, i.e., the larger footprint size allows a smaller number of images to cover the project boundary, which translates into fewer images to process, QC, and perform aerotriangulation, resulting in a faster delivery time. The UCE sensor collects visible light and near infrared imagery simultaneously at a 16-bit radiometric resolution and is equipped with Forward Motion Compensation (FMC). It features automatic exposure control through our flight management system but also allows for manual overrides when necessary. It is installed in a gyro-stabilized mount (GSM 3000) that is regularly maintained according to schedule and passively isolated from aircraft vibration through a series of specially manufactured springs and viscous dampers. In concert with the pilots’ strict training and talent in keeping the plane’s attitude as straight as possible, the GSM helps keep roll, pitch, and yaw angles true, even in windy or turbulent conditions. It automatically corrects up to 5° roll, 8.4° pitch, and 6.2° yaw in either direction from zero. The UCE is equipped with a Vexcel UltraNAV flight management system which integrates GPS and IMU into one cooperative unit, allowing image principal point accuracy to 3cm. It is important to note that each time the sensor is moved to a different aircraft, and before and after large acquisition projects, a boresight calibration is systematically performed. This enables us to measure and account for the natural angular misalignments between the camera and IMU and is imperative to maintaining accuracy. Our Quality Delivery System (QDS) requires on-ground lens cleaning, proper installation and cable/hardware inspections for the UCE and GSM, GPS/IMU statistics analysis, and test exposures before every mission. Flight Plan | Track’Air flight planning software is used to create flight plans for each area. This takes into account all project requirements, including boundaries and associated buffers, GSD, forward/sidelap, flightline orientations, etc. The plan is then verified for project conformity by another member of the Aerial Department. Special focus is given here to ensure that all area boundaries and buffers are stereo-covered and that no overlap or sidelap gaps exist, especially in areas with high relief. Flight plan coverage and specifications are displayed on the next page. Trimble Planning software is used to determine the Positional Dilution of Precision (PDOP) for the project location. PDOP is used as a gauge for the overall quality of the GPS signal. A PDOP value under 3.0 is desired for the best accuracy possible, and we strive to fly in PDOP windows below 3.0. In addition, we observe forecasts and always fly with a Kp Index below 4.0 to minimize geomagnetic field disturbances caused by solar particle radiation, which can negatively affect the quality of the GPS signal. 385 6 | P a g e Flight Execution | Prior to take-off, a ground verification of all aviation equipment and camera systems is performed to ensure everything is functional and safe. Once in the air, the flight management system (FMS) provides GPS-based guidance information to the first flight line. Calibration of all systems (FMS/GPS/IMU, as appropriate) takes place during a 5-minute initialization period before any exposures are taken. With the UCE, digital images are reviewed as they are collected to ensure they meet target project tolerances (position, ground conditions, smoke, clouds, shadows, etc.). Corrections for airplane roll, pitch, and yaw are performed automatically by the gyro- stabilized mount, which is controlled by the IMU and UltraNAV flight management system. All systems are constantly monitored during flight execution. With these QC steps in place, immediate reflights are undertaken if any component falls outside of specifications. At the end of the day, the camera operator performs a second review of the acquisition data en-route to that day’s base airport. Once the flight mission is complete, all data storage media and pilot flight logs are returned to Aero-Graphics for processing. City of Bozeman Flight Plan Specs Aircraft Cessna 310 Sensor UltraCam Eagle GSD 7.5cm Altitude (ft AGL) 4,757 Forward Overlap 60% Side Overlap 30% Lines 31 Images 668 Digital images are reviewed in the air as they are collected to ensure they meet project requirements, enabling immediate reflights if necessary. 386 7 | P a g e Post-Acquisition Image Inspection | Image inspection is one of the most important parts of our Quality Delivery System. Each image is viewed and graded by a post-flight inspector before insertion into the subsequent photogrammetric workflows. Inspection is conducted against the following parameters: • Proper project area coverage, buffer, flight direction, and sufficient overlap • Acceptable atmospheric and ground conditions • Images well-defined (free from blur) All results of inspection are retained in the production framework. Digital Image Processing | Vexcel UltraMap is a sophisticated application used in the initial color balancing of digital imagery from the UCE. It utilizes camera calibration, custom dodging, solar adjustment masks, high dynamic range, and location and date time of data to minimize hot spots and large variations in color and brightness. The resulting multi-lens, raw imagery (level00) is then pan-sharpened (at a 1:3 color-to-pan ratio) and converted to useable imagery (level03). Bit-depth resolution is also chosen at this stage (8-bit for this project). Sometimes sunspots and other atmospheric factors beyond our control affect the quality of the raw imagery. We have developed contrast enhancements and haze filters that can be used as necessary to minimize these issues. Image radiometry is a subjective process and the “ideal” can change from year to year even. Therefore Aero- Graphics is committed to adjusting the imagery multiple times to meet our clients’ needs. Image Radiometry | We perform statistical analysis of initial radiometry on selected images throughout the project area to make sure all terrain types meet project requirements. Radiometry is adjusted for certain terrain types if necessary. Preproduction samples will be furnished to the City for approval prior to full-scale production, and correct color balancing of the full image set will be reviewed by our aerotriangulation specialists prior to orthorectification. Every effort will be made to provide maximum detail in shadow areas. The imagery is checked against the clipping, contrast, brightness, and color balance parameters as directed by the City. GPS/IMU Data Post-Processing | After successful acquisition, and in parallel with image processing, raw GPS/IMU data is processed using Applanix POSPac MMS 8.0. At this stage, our Processing Manager performs QC of flight parameters (initialization, bank angles, proximity to bases, etc.). The process combines the raw trajectory of the aircraft with concurrently running base stations to refine the photo center (air point) coordinates (XYZ) and angles (Omega, Phi, Kappa, or roll, pitch, and yaw) of the sensor, and delivers up to 3cm accuracy. Each image is viewed and graded by a post- flight inspector before insertion into the subsequent photogrammetric workflows. 387 8 | P a g e Because the integrity and accuracy of our imagery on this project relies heavily on control from ABGPS/IMU, it is extremely important that our Processing Manager, a Licensed Professional Land Surveyor and Certified Photogrammetrist, conducts rigorous QC procedures and generates several reports and charts to verify the quality and accuracy of the data. These include PDOP, number of satellites, positional RMS, roll- pitch-yaw, and several other quality indicators. Omega-Phi-Kappa angles and altitude are checked at this point for conformity with project requirements. Aero-Graphics has been performing precision ABGPS/IMU processing since 1997. Both our Processing Manager and our AT/Ortho Manager have been formally trained in GPS/IMU processing through in-person Applanix University education from Applanix staff. This combination of experience and training lends strength to the efficiency and accuracy of our results. For example, we can discern which processing mode to use and in what situations it would yield more accurate results to process portions of a block individually rather than all together. GPS/IMU processing is the backbone of the accuracy for the City of Bozeman project. Analytical Aerotriangulation | Industry-leading Trimble-Inpho Match-AT software (Version 6.0) is utilized to perform fully analytical digital aerotriangulation for the block. Automatic tie points and refined GPS/IMU exposure centers (air points) extend full control for each stereo model. In this process we assign each air point to the principal point of its corresponding image, which gives an initial exterior orientation to each of the images. The image block is then stitched together by generating automatic tie points. These points tie each image to its neighbors in the same flightline and to those in adjacent flightlines. Ground control points are identified and measured, and these along with tie points, images, and air points are then processed together in a final bundle adjustment to refine the air points and provide the best orientation solution that minimizes cumulative error throughout the block. Our QC procedures are in place to find erroneous points and correct them before the AT results are used in subsequent processes. 388 9 | P a g e Once the AT solution is complete, we use Inpho’s DTMaster to check every model in stereo. We ensure that all parallax is cleared and that all tie points are on the ground – with no points floating or digging. Every control point must be on the center of the target and fall vertically within one-quarter of the applicable contour interval, based on flight height, of its surveyed position. The AT/Ortho Manager, a Certified Photogrammetrist and GIS Professional (GISP), verifies the integrity of each AT solution before it moves forward in the process. Our QC procedures are in place to find erroneous points and correct them before the AT results are used in subsequent processes. Orthorectification | Aero-Graphics will utilize existing DEM data from the 2018 project as the initial rectification surface. The surface is then inspected and edited to ensure that the resulting orthorectified imagery will be accurate and meet client specifications. The most common surface improvements include removing points from buildings, generally correcting surfaces, such as cliffs, that would warp the ortho, and adding breaklines where necessary, especially on bridges and overpasses. Upon completion of the surface modeling, each digital image undergoes automatic orthorectification in a one-step batch process using Trimble-Inpho’s OrthoMaster software. This process moves each pixel into its true geographic location, correcting for terrain relief displacement and offsets caused by aircraft tip and tilt. Final orthorectification and tile-to-tile color balancing is performed in Inpho’s OrthoMaster and OrthoVista which have proven to provide superior radiometric and seamline results. Seamlines are placed in areas of consistent tonal balance and between buildings and bridges. Aero-Graphics takes advantage of Inpho’s parallel processing features that allows multiple core processing of ortho tiles; this greatly expedites production. Orthorectified imagery is manipulated in Inpho’s OrthoVista software to compute subtle radiometric adjustments that compensate for visual effects within individual images. Multiple orthophotos are then combined into one seamless and geometrically perfect ortho mosaic for the entire project area. The ortho mosaic is then tiled according to the provided tiling scheme resulting in pixel perfect tiles that match perfectly with no overlap. OrthoVista then performs a tile-wide and project-wide color balance by adjusting adjacent images to match in color and brightness, thereby allowing for maximum possible detail in the imagery including shadow areas. Before full-scale production begins, pre-production image samples will be submitted to the City for approval. Imagery will be broken up into the City’s predefined tiling schemes. Ortho tiles will be delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters. Separate RGB and CIR image files will be delivered at a 7.5cm pixel resolution in uncompressed 24-bit TIFF and MrSID formats with associated world files. An overall MrSID mosaic will also be delivered at a 15cm (or desired) pixel size. Inpho’s distributed processing features allow multiple idle workstations to process ortho tiles simultaneously, greatly expediting turnaround time. 389 10 | P a g e Planimetric Data Collection | Skilled stereocompilers will perform building footprint updates within areas of change outlined by the City. Kevin Reid, an ASPRS Certified Photogrammetrist, will oversee the process to ensure quality procedures are adhered to. New or modified features will be collected and attributed according to specifications listed in the referenced RFP. Collected features will include building footprints (updated from 2018 dataset). Building footprints will be attributed with maximum height above ground. All data will be delivered in a File Geodatabase Feature Class, suitable for use in ArcGIS software. Quality Control | Aero-Graphics prides itself on rigorous quality control procedures. Orthoimagery and surface data is produced outside the designated digital boundary and then cut back to the boundary to assure thorough coverage of each project area. The orthoimagery is then inspected by a QC Inspector completely removed from the project, where linear and above-ground features are reviewed to detect misalignment and warping, and where final radiometry conformance is verified. In addition, the AT/Ortho Manager, a Certified Photogrammetrist and GIS Professional (GISP), oversees the compilation process to ensure that the surface collection and orthorectification meet client specifications. The Project Manager and AT/Ortho Manager spot-check all deliverables for correct color balance, accuracy, and data integrity prior to delivery. Metadata | FGDC-compliant metadata files will be provided for all deliverables in XML format. Metadata for orthorectified imagery will include acquisition dates. Accuracy | All 3” orthoimagery deliverables will meet or exceed ASPRS Class I Accuracy Standards. Pre-Delivery Inspection | Our pre-delivery inspectors perform final quality control before materials are submitted to the City of Bozeman. This includes verifying correct naming convention, file formatting, correct labeling of delivery media, and packing list accuracy. 390 11 | P a g e d. Scope of Project We understand the scope of the City of Bozeman project entails control and quality check shot surveying, digital aerial imagery acquisition, data processing and orthoimagery production services, building footprints, quality control, metadata, and reporting for approximately 78.7 square miles covering the greater Bozeman area. The desired flight dates are between April 1st and April 30th, 2021. The desired project completion date is 90 days from photo acquisition. Deliverables/specifications include the following: Item Description Format Projection, Datum, Units UTM Zone 12, NAD83 (2011), Meters MT State Plane, NAD83 (2011), Meters NAVD88, Meters Flight Plan and Logs Flight lines, exposures, photo centers Feature Class Calibration Reports Digital camera (UCE) PDF Survey Control Report AGPS data, XYZ OPK, ground control XLS Aerial Triangulation Report Adjustment process, coordinate list PDF or XLS Sample Imagery Prior to undertaking full digital orthophoto production, Aero-Graphics will furnish the City with sample digital images to evaluate and accept as examples of overall image quality. TIF Digital Orthoimagery 4-band (RGB and NIR), 3” pixel Mosaic at 1-foot (or 0.5-foot) pixel resolution TIF, SID Breaklines Breaklines used to correct bridge and overpass distortion Feature Class Building Footprints Extracted polygons (updated from 2018 dataset) Feature Class Progress Reports Weekly status emails PDF Metadata FGDC-compliant metadata for all data. XML Project Report Summary of processes, collection, accuracy results, etc. PDF 391 12 | P a g e e. Related Experience with Projects Similar to the Scope of Services The following aerial acquisition and processing projects have been successfully completed by Aero- Graphics’ production staff within the last two years: The purpose of this project was to obtain turnkey digital geo-referenced orthophotography for the City of Sheridan. The imagery will be utilized in ongoing GIS projects for the City of Sheridan. Furthermore, it will aid in a project to create an updated geo-referenced map of the Sheridan Area Water Supply’s (SAWS) active underground waterlines. Services and Project Deliverables included: • Digital 4-band aerial photography acquisition at a 15cm GSD. • Digital orthorectified imagery at a 6” pixel size delivered in GeoTIFF format. • Project-wide mosaic in MrSID format. • Project Metadata including a comprehensive Technical Project Report detailing acquisition, processing, and accuracy assessment processes. Client: City of Sheridan, Wyoming Project Name: 2019 GIS DIGITAL ORTHOPHOTOGRAPHY PROJECT Contact: Brian Craig, Community Development Director Email Address: bcraig@sheridanwy.net Phone: 307.675.4248 Address: 55 Grinnell Plaza, Sheridan, WY 82801 Completion: July 2019 Total Area: 77.3 mi2 Key Personnel Kelly Francis Bernie Doud Emilio Sanchez Karl Jensen Kevin Reid Joe Belliston 392 13 | P a g e For eight years running (2012 – 2019), Aero-Graphics has acquired and orthorectified 50 square miles of imagery covering the City of Ontario to support GIS, public works, and other needs throughout the city. Acquisition is always performed in the winter during leaf- off. Spatial resolutions are as follows: 2012 – 6” GSD; 2013 – 3” GSD; 2014-2019 – 2” GSD. Services and Project Deliverables included: • Target placement and GPS surveying for seven (7) control points. • Digital 4-band aerial photography acquisition at varying GSDs, based on acquisition year (see above). • RGB orthorectified imagery in GeoTIFF format at varying GSDs, tiled according to USGS DOQQQ scheme, delivered in California State Plane Zone 5, US Feet. • Overall ECW and MrSID mosaics • FGDC-compliant metadata for each ortho tile and mosaic. Client: City of Ontario, California Contact: Robert De Casas, Senior System Analyst Address: 303 East B Street, Ontario, CA 91764 Phone: 909.395.2408 Project Name: Ontario Orthoimagery Updates Completion: March 2012-2019 Total Area: 50.1 mi2 Pixel Resolution: 2”; 3”; 6” GSD Key Personnel Bernie Doud Mason Decker Emilio Sanchez Karl Jensen Kevin Reid Joe Belliston 393 14 | P a g e The City of Missoula GIS Services (GIS Svc) in partnership with the Missoula Redevelopment Agency (MRA) contracted with Aero-Graphics in the spring of 2020 to gather aerial photography and provide orthophotographic data. Prior to the contract, City staff relied on a low-resolution data service from ESRI and aerial photography gathered from a flight performed in 2014. A new flight was required to document the significant growth recently experienced by Missoula. The resulting imagery was flown at an increased resolution that captured feature details whose needs had been subsequently identified since 2014. Services and Project Deliverables included: • Ground control survey. • Digital 4-band aerial photography acquisition at a 7.5cm GSD. • Digital orthorectified imagery at a 3” pixel size delivered in TIFF and ECW formats. • Project-wide mosaic at a 6” pixel size in MrSID format. • Project Metadata including a comprehensive Technical Project Report detailing acquisition, processing, and accuracy assessment processes. Client: City of Missoula, MT Project Name: 2020 Missoula-Area Orthophotography Contact: Eric Anderson, GIS Analyst Email Address: AndersenE@ci.missoula.mt.us Phone: 406.552.6101 Address: 435 Ryman St., Missoula, MT 59802 Completion: July 2020 Total Area: 77.3 mi2 Key Personnel Kelly Francis Mason Decker Emilio Sanchez Karl Jensen Kevin Reid Joe Belliston 394 15 | P a g e Nez Perce County Idaho; Asotin County, Washington; City of Lewiston, Idaho; City of Clarkston, Washington; Asotin PUD, Washington; Port of Lewiston, Idaho; Lewiston Orchards Irrigation District, Idaho; and the LC Valley MPO hired Aero-Graphics to photograph approximately 87.4 square miles of the Cities of Lewiston, Idaho and Clarkston, Washington and surrounding vicinity with a pixel resolution of 3 inch. Services and Project Deliverables included: • Digital 4-band aerial photography acquisition at a 3” GSD. • RGB orthorectified imagery in GeoTIFF and SID formats, tiled according to client- provided tiling scheme, delivered in Idaho and Washington State Plane Zones, US Feet. • Overall image mosaic at a 3” pixel size in SID format. • FGDC-compliant metadata for each ortho tile and mosaic. Key Personnel Bernie Doud Mason Decker Emilio Sanchez Karl Jensen Kevin Reid Joe Belliston Client: Nez Perce County, Idaho Contact: Bill Reynolds, GIS Coordinator Address: 1230 Main St., Lewiston, ID 83501 Phone: 208.750.2055 Project Name: ID/WA 2020 Aerial Photography Project Completion: October 2020 Total Area: 87.4 mi2 Pixel Resolution: 3” GSD 395 16 | P a g e f. Statement of Qualifications Aero-Graphics is a full-service aerial mapping company with one (1) Project Management Professional, two (2) in-house Professional Land Surveyors, seven (7) in-house Certified Photogrammetrists and two (2) GISCI Certified GIS Professionals (GISP). We also employ fifteen (15) flight staff, including logistics managers, mission planning managers, pilots, and sensor operators. We have over 50 years of aerial mapping experience and 25 years of digital orthophoto compilation experience including a working relationship with the City of Bozeman in 2018. Aero-Graphics’ project management team offers 70 years of combined experience and takes a methodical, deliberate approach to managing complex projects that includes risk mitigation, quality assurance and control, and dynamic scheduling. We own and operate the best and latest equipment for aerial mapping. Our Vexcel UltraCam Eagle digital camera system provides unsurpassed data accuracy and quality. Aero-Graphics is ISO 9001:2015 certified, and fully recertified on March 5, 2020. We are pleased to strengthen our contribution of quality geospatial services through this certification, which, among important audits, includes process accountability, continuous documented improvement on those processes, and procedural document control. This lends increased confidence in reliable results. The full certificate is available for viewing upon request. Aero-Graphics’ proven project management strategy produces accurate, timely deliverables in a cost-effective manner. This strategy includes the following key elements: • Clearly defined objectives • Appropriate risk management • Intelligent mission planning • Adherence to project milestones • Effective QA/QC • Constant communication These time-tested standard operating procedures (SOP) have created a long tradition of exceeding clients’ expectations and we are confident they will ensure the long-term success of City of Bozeman projects. g. References Organization Name Position Email Phone Number City of Missoula, MT Eric Andersen GIS Analyst AndersenE@ci.missoula.mt.us 406.552.6101 City of Sheridan, WY Brian Craig Community Dev. Director bcraig@sheridanwy.net 307.675.4248 Nez Perce County, ID Bill Reynolds GIS Coordinator billreynolds@co.nezperce.id.us 208.750.2055 396 17 | P a g e h. Present and Projected Workloads The Aero-Graphics Team possesses the capacity, expertise, and resources to easily meet the City’s desired project completion date of 90 days from photo acquisition. Our approach involves resource allocation such that parallel processing, rather than sequential processing, is the norm. We regularly manage multiple concurrent projects, with and without subcontractors, with varying degrees of complexity. Workloads and budgets are closely monitored daily to ensure that schedules never slip. All staff members are cross trained to perform multiple production tasks; this allows us the flexibility to ramp up capacity in certain departments when needed. Our present workload for our Orthoimagery Department (pictured below) includes a total of ten (10) projects currently in progress, most of which are projected to complete by April. Between the months of April and July, we currently have four (4) ortho projects scheduled. Aero-Graphics will surely have sufficient capacity, staff, and resources to meet the scheduling demands of this contract. Figure 1: Aero-Graphics’ current ortho project listing as of Jan. 2021 Figure 2: Proposed schedule for the City of Bozeman project Contract Item Completion By Control Survey March 31, 2021 Aerial Imagery Acquisition April 30, 2021 Orthoimagery Production June 30, 2021 Building Footprints June 30, 2021 Final Project Report & Metadata June 30, 2021 397 18 | P a g e i. Key Personnel Aero-Graphics prides itself on employing the most intelligent and skilled professionals in the geospatial industry. The team members listed below will supervise acquisition and production tasks and ensure that quality standards are met for the City of Bozeman project. A Team Member Summary Table is included below followed by personalized resumes of each key personnel. Team Member Summary Table Name Project Role Years of Experience (w/Firm) Education (Year Completed) Certifications/ Licenses (Year Received) Kelly Francis Executive Oversight 25 (25) B.S. (1995) CP (2008) PMP (2014) Mason Decker Cost Estimation, Project Management & Scheduling 7 (7) B.S. (2014) GIS Cert (2012) CP (forthcoming) Bernie Doud QA/QC Implementation, GIS Database Creation 18 (12) B.S. (2004) MBA (2008) CP (2010) GISP (2013) Tom Stark (RPA) Ground Control Surveying 27 (20) B.S. (1990) A.S. (1995) MT PLS CFedS #1175 Emilio Sanchez Flight Planning, Flight Crew Oversight 18 (4) Jim Hoddenbach Aircraft Operation, Pilot Oversight 31 (2) Karl Jensen ABGPS/IMU Data Processing 20 (20) B.A. (1998) A.S. (2009) CP (2008) UT PLS (2013) Kevin Reid Photogrammetry Lead 18 (13) CP (2013) Joe Belliston Orthoimagery Processing 12 (12) B.S. (2007) PT (2013) Kelly Francis, CP, PMP | President Role. Kelly Francis will apply his 25 years (all with AG) of expertise and executive oversight to this project. Education and Certifications. Kelly holds a Bachelor of Science in Marketing from Utah State University. He is an ASPRS Certified Photogrammetrist (#R1372) and a Project Management Professional (#1742748). Kelly currently serves on the Board of Directors for MAPPS, national association of firms in the surveying, spatial data and geographic information systems field. Experience. Mr. Francis is an owner of Aero-Graphics and serves as its President and Senior Project Manager. He has dedicated his career to geospatial process efficiency and business strategy. As such, he is intimately familiar with planning, design, and execution of LiDAR and digital aerial photography projects to support topo mapping production. 398 19 | P a g e Mason Decker | Project Manager Role. Mason Decker will apply his 7 years (all with AG) of expertise and oversight to this project, including project management, imagery acquisition/processing design, supervision, and progress status reporting. Education and Certifications. Mason holds a Bachelor of Science degree in Geography from the University of Utah and a GIS Certificate from Salt Lake Community College. Experience. Mr. Decker has worked with such entities as San Bernardino County, Orange County, City of Bakersfield, Kern County COG, City of Lubbock, TX, Nez Perce County, ID, and City of Logan, UT to design and complete digital photography acquisition, color orthorectified imagery projects, LiDAR acquisition and processing projects, recurring survey and photogrammetry updates, volume calculations, and contour and DTM mapping. Bernie Doud, CP, GISP | Quality Manager Role. Bernie Doud will apply his 18 years of expertise and oversight to this project, including implementation of quality programs, audits, and procedures, project management, and employee mentoring. Education and Certifications. Bernie holds a Bachelor of Science degree in Geographic Information Systems and a Master of Business Administration degree. He is a Certified Photogrammetrist with ASPRS (#1449) and a GISCI Certified GISP (#52260). Experience. Mr. Doud is a senior level technical and quality manager. He has a solid technical background in GIS and all aspects of LiDAR and photogrammetry, which along with his project management expertise has strengthened his ability to design, implement, and monitor QA/QC programs customized to each project, train and direct employees in project execution, and act as technical client liaison. Tom Stark, PLS, CFedS | Survey Manager (RPA) Role. Tom Stark is RPA’s Survey Group Manager and Primary Contact in Helena. He has over 27 years of experience in OPUS Projects; GPS RTK and static networks. He has successfully managed the execution of numerous surveying projects throughout the United States. Education and Licenses. Tom holds an Associate of Applied Science degree in Land Surveying and a Bachelor of Science in Business Finance. He is a registered Professional Land Surveyor in the State of Montana (#12249) and a Certified Federal Surveyor (#1175). Experience. In his role as Survey Manager, Tom ensures impeccable accuracy in ground survey control. This is critical to ensuring high-quality LiDAR and mapping services. Tom was on the ground and collected survey data for the Boulder River Valley Wells Project which involved surveying for 85 well casings. 399 20 | P a g e Emilio Sanchez | Flight Ops Manager/UAS Pilot Role. Mr. Sanchez will dedicate his 18 years of flight planning, airspace coordination, and overall Flight Department management skills to this project. Education and Certifications. Emilio completed undergraduate studies. Experience. As Flight Manager at Aero-Graphics, Emilio manages administrative functions within the flight department and assists Project Managers and the Flight Coordinator with flight-related questions and planning. He has direct operation experience with various aerial sensors, including the Optech Galaxy LiDAR sensor, the UltraCam Eagle digital camera, and the Leica RC-30 film camera. He also serves as Aero- Graphics’ UAS Pilot (Certificate No. 3965868). Jim Hoddenbach | Chief Pilot Role. Mr. Hoddenbach will serve as the Cessna 310 pilot-in-command during the data acquisition phase. Education and Certifications. Jim is an A&P IA Mechanic with over 31 years of experience and has provided decades of dependable, professional, and quality work through Aero Services to his fellow aviators at the Skypark Airport in Woods Cross, UT. Jim is a Certified Flight Instructor, Multi Engine Instructor, fixed wing and rotorcraft pilot. Experience. As Chief Pilot, Mr. Hoddenbach is pilot-in-command for flight execution of mapping projects in the company’s Cessna T310R, Cessna T206, and Piper PA-23 Aztec aircraft. He has experience operating RC-30 film and UltraCam Eagle large format cameras along with the accompanying computer flight management systems and inertial measurement units. He is trained in the use of the POSTrack software that is utilized in conjunction with these cameras and systems. Karl Jensen, CP, PLS | Airborne Processing Lead Role. Karl Jensen will apply his 16 years of expertise, production capacity, and oversight to this project, including, ground control planning, ABGPS/IMU processing and analytical aerotriangulation. Education and Licenses. Karl holds an Associate of Applied Science degree in Surveying from Salt Lake Community College and a Bachelor of Arts in History from the University of Utah. He is a registered Professional Land Surveyor in the State of Utah (#7643406) and a Certified Photogrammetrist with ASPRS (#1374). Experience. Mr. Jensen is a senior level technical and production manager with a concrete CADD, survey, and photogrammetry background. He has successfully coordinated production tasks for numerous orthoimagery, LiDAR, surveying, and photogrammetric mapping projects. 400 21 | P a g e Kevin Reid, CP | Photogrammetry Lead Role. Kevin Reid will apply his 18 years of expertise, production capacity, training, and oversight to this project by performing project preparation functions, hydro break line compilation oversight and management, quality control, and progress reporting. Education and Certifications. Kevin studied Computer Science in college and is an ASPRS Certified Photogrammetrist (#1557). Experience. Over the course of nine years, Mr. Reid has overseen photogrammetric mapping projects of varying complexity, from 40-scale transportation projects to 200- scale mining projects. He is well-versed in the effective utilization of VR and Inpho photogrammetric software suites. Joe Belliston, CPT | Lead Orthocompiler Role. In his role as Lead Orthocompiler, Mr. Belliston is responsible for orthophoto quality control, specification compliance and meeting demanding schedule commitments. Education. Joe holds a Bachelor of Science from the University of Utah in Geography and recently received his ASPRS Certified Photogrammetric Technologist certification. Experience. Mr. Belliston has over ten (10) years of ortho production, GIS, editing, and AT experience. He has successfully coordinated production tasks for numerous large image orthorectification projects and has extensive training in Inpho and ESRI mapping software suites. Mr. Belliston has effectively managed numerous projects of various sizes involving digitally orthorectified imagery yielding high levels of client satisfaction. 401 22 | P a g e j. Additional Information Quality Delivery System (QDS) | QA/QC is built into each one of our processes, from planning and design to production. Our QDS, customized for the City of Bozeman project, organizes, and lists specific, measurable QA/QC steps for each process and assigns personal responsibility to ensure each is performed with exactness. Quality Assurance is separated from Quality Control to make our system comprehensive. QA denotes a preventive step or design that is performed before the associated process to avoid mistakes. QC is a task that takes place after the associated process and aims to find and rectify mistakes that do slip through. 402 23 | P a g e k. Affirmation of Nondiscrimination & Equal Pay NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Aero-Graphics, Inc. hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, Aero-Graphics, Inc. hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3- 104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Mason Decker, Project Manager Name and title of person authorized to sign on behalf of submitter 403 24 | P a g e l. Pricing Survey Control and Quality Check Shots .................................................................. $10,285. Digital Imagery Acquisition ....................................................................................... $14,370. Building Footprints ..................................................................................................... $6,200. Digital Orthoimagery (7.5cm pixels with 15cm Mosaic) ............................................ $7,735. Project Report and Metadata ..................................................................................... $2,840. Total Project .............. $41,430. Pricing is valid for 90 days. Terms are Net 30 days with monthly invoices submitted for completed work. 404 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/11/2021 (801) 451-8300 (801) 451-8318 10677 Aero-Graphics Inc 40 W Oakland Ave Salt Lake City, UT 84115-3007 10033 A 1,000,000 ENP 0229593 2/1/2021 2/1/2022 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A ENP 0229593 2/1/2021 2/1/2022 5,000,000A ENP 0229593 2/1/2021 2/1/2022 5,000,000 B 1002315 4/1/2021 4/1/2022 1,000,000 1,000,000 1,000,000 C Professional Liab MCH591897326 2/1/2021 occ 1,000,000 agg 3,000,000 A Equipment Floater ENP 0229593 2/1/2021 2/1/2022 $3,633,000 w/ded 1,000 Overview of insurance coverages subject to terms and conditions of the policy. City of Bozeman PO BOX 1230 Bozeman, MT 59771 AEROINC-01 MHARWARD Insur-West, Inc PO BOX 977 Farmington, UT 84025 Cincinnati Insurance Company WCF Mutual Insurance Company Continental Casualty Company X 2/1/2022 X X X X X X X X 405 Page 1 of 14       REQUEST FOR PROPOSALS (RFP)       DIGITAL ORTHOIMAGERY      CITY OF BOZEMAN  Bozeman, MT               City of Bozeman  PO Box 1230  Bozeman, MT  59771‐1230    January, 2021             406 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide  digital orthoimagery for the greater Bozeman area.    Copies  of  the  Request  for  Proposals  are  available  on  the  City’s w e b s i t e  a t   https://www.bozeman.net/government/city‐clerk/bids‐rfps‐rfqs.    All  proposals  must  be  provided  as  a  single,  searchable  PDF  document  file  and  be  submitted   digitally  as  an  email  attachment  to  the  RFP  Recipient  email  address  below.   Respondents   are  advised  that  Recipient’s  email  attachment  size  limit  is  25MB  and  that  only  one  PDF   file  will  be  allowed per response.  The subject line of the transmittal email shall clearly identify  the RFP title, company  name  and  due  date/time.   File  sizes  greater  than  25MB  in  size  may   be  uploaded  to  bzncloud.bozeman.net   upon   special   arrangement   of   the   Recipient;    however,   it   is   the   respondent’s sole responsibility to ensure the file upload is completed, and  that the Recipient is separately notified via email of same, prior to the given deadline.    Deliver RFPs via email to the City Clerk by February 3 at 3:00 p.m. MST. It is the sole responsibility  of the proposing party to ensure that proposals are received prior to the closing time as late  submittals will not be accepted and will be returned unopened.    The email address for submission is: agenda@bozeman.net     NON‐DISCRIMINATION AND EQUAL PAY     The City of Bozeman is an Equal Opportunity Employer.    Discrimination in the performance of any agreement awarded under this RFQ on the basis of race,  color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual  orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring  and treatment of the awarded entity’s employees and to all subcontracts.    As such, each entity submitting under this notice shall include a provision wherein the submitting  entity, or entities, affirms in writing 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 which also recognizes the eventual contract will  contain a provision prohibiting discrimination as described above and that this prohibition on  discrimination shall apply to the hiring and treatment of the submitting entity’s employees and  to all subcontracts.    In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under  this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39‐3‐104,  MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the  State  of  Montana  Equal  Pay  for  Equal  Work  “best  practices”  website,  https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and  has read the material.  407   Any administrative questions regarding proposal procedures should be directed to: Mike Maas,  City Clerk (406) 582‐2321, agenda@bozeman.net.     Questions relating to the RFP should be directed to: Jon Henderson, Strategic Services Director,  406‐582‐2250, jon.henderson@bozeman.net.     DATED at Bozeman, Montana, this Monday, January 11.     Mike Maas  City Clerk  City of Bozeman    For publication on:  Sunday, January 17  Sunday, January 24   408 I. INTRODUCTION    The City of Bozeman (Owner), is seeking proposals from firms to to provide digital orthoimagery for the  greater Bozeman area.     The Owner intends to enter into a contract with the selected firm that will include but is not limited to  the following deliverables:     Survey Control and Quiality Check Shots   Digital Orthoimagery (4‐band, 3” pixels, mosaic)   Building Footprints (updated based on 2018 dataset)   Project Reports and Metadata     This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in  preparation of any response to this request, or to procure or contract for any supplies, goods or services.   The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the  Owner’s best interest to do so.    This procurement is governed by the laws of the State of Montana and venue for all legal proceedings  shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP,  all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but  not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity  employment practices, safety, non‐discrimination, etc.      II. SCOPE OF SERVICES    A. Background  The City of Bozeman regularly uses aerial photography and planimetric information to support regulatory,  land management, planning, and engineering projects.  This project will update all aerial imagery for the  entire  78.7  square  mile  planning  boundary  in  addition  to  building  footprints  (image  included  in  Attachment A of this RFP shows the area of interest).  This documents defines the technical, cost, and  time scope for developing a portion of the City’s GIS database.    The desired flight dates are between April 1st and April 30th 2021.  The desired project completion date is  90 days from photo acquisition.    B. Project Scope  The preliminary scope of work involved for this project is outlined below. Additional tasks and work  elements may be added during contract negotiations. It is also possible that tasks or elements could be  deleted through negotiation. In its proposal, the Consultant may recommend addition/deletion of tasks  or modification of tasks in describing its particular understanding and approach for the project.    Proposals must clearly identify any elements of the proposed scope of work that would not be provided  by the prime Consultant. Any sub‐Consultants which comprise the overall Consultant team must be  identified along with a description of past working history between the firms.    409 The City desires to complete the proposed work in a diligent manner. Proposals must clearly indicate the  Consultant’s anticipated schedule given their staffing and current and projected work load commitments.   The proposal shall include a proposed schedule of events necessary to complete the work.  The schedule  shall include a process and schedule for the submittal of draft products for City review prior to final  submittals.    Prior to receiving notice to proceed after negotiations, before any data collection the Consultant must  submit a project plan.  The project plan will include the following:    1) A  map  showing  the  study  area  boundaries  and  flight  path  at  a  reasonable  scale  (approx.  1:150,000)  2) Documentation  specifying  altitude,  air  speed,  scan  angle,  scan rate,  and  other  flight  and  equipment information deemed appropriate.  3) A chart of areas of high Position Dilution of Precision (PDOP), or a list showing the time of the  beginning and end of high PDOP.  4) The proposed ground control plan containing Airborne GPS support.  If necessary, the Consultant  shall obtain all rights of entry, be responsible for all GPS control information and show all National  Spatial Reference System (NSRS) monuments that will be used for the GPS base stations for  airborne GPS control.    Failure to comply with any of these provisions may result in the rejection of the proposal.    Digital Imagery Specifications:    Orthoimagery shall be acquired only on clear days, leaf‐off conditions, with no snow and minimal puddling  of rain water or other weather‐related effects obscuring the ground surface.  At a minimum, National Map  Accuracy Standards for the production of the Orthoimagery must be adhered to.  The camera and  magazines  shall  meet  or  exceed  the  most  recent  USGS  specifications  for  aerial  camera  systems.   Aerotriangulation/bundle adjustment shall be performed by the current state‐of‐the‐art analysis software  to maximize accuracy of the data.      o Photographic Conditions   Tree Cover.  Photography shall be undertaken while the leaves are off the deciduous trees.   Clouds.  Clouds or cloud shadows must not appear on the imagery.  High, thin overcast is  permitted above the flying altitude if it does not cause ground mottling or a discernable reduction  in light levels and/or ground object shadows.     Well‐Defined Images.  Collect imagery to obtain well‐defined images.  Do not attempt imagery  acquisition where the ground is obscured by haze, smoke, smog, dust, or falling snow, sleet, rain,  or other obscuring phenomena.  Do not collect imagery when ground is covered by water (flood),  snow, or ice.    Visibility.  The minimum visibility at the time of exposure must be 10 miles or greater.      Sun Angle.  The majority of the project area will be collected when the sun angle is not less than  40°.   In areas with tall trees or areas with significant urban development with buildings 3 stories  or taller (such as downtown Bozeman), increase the minimum sun‐to‐horizon angle to acquire the  photography during the times of minimal shadow.   410  Tilt will not exceed four degrees for any photographic frame and will average not more than two  degrees for any ten consecutive frames.  Relative tilt exceeding six degrees between any two  successive frames may be cause for rejecting that portion of the flight lines.   Crab angle as measured from the average line of flight will not exceed five degrees.  The course‐ heading differential between any two successive exposures will not exceed five degrees.   Forward overlap will be at least 55 percent between consecutive exposures.  The average sidelap  will be at least 20 percent.   o Image Quality/Radiometry   There shall be no areas of an orthophoto where the process was incomplete due to image gaps or  lack of data.   All digital orthophotos shall be radiometrically adjusted as necessary so that adjacent digital  orthophotos can be displayed simultaneously without an obvious visual edge seam between  them.  Localized adjustment of the brightness values shall be performed to minimize tonal  differences between the join areas.  For this adjustment, the orthophoto judged by visual  inspection to have the better contrast shall be used as the reference orthophoto. Localized  brightness values of the adjacent orthophoto shall be adjusted to that of the reference  orthophoto. When possible and feasible, the area adjusted should be bounded by a tonal break  ground feature such as a road, field line, shadow line, etc.  The radiometric adjustment should not  compromise the accuracy, clarity, or resolution of the orthophoto.   Prior to undertaking full digital orthophoto production, the Consultant shall furnish the City with  sample digital images to evaluate and accept as examples of overall image quality. The City will  select one image, which will become the standard to which all subsequent digital orthophotos will  be compared for acceptance/rejection relative to image quality.    Control:    All horizontal and vertical control necessary to provide the deliverables requested in the proposal; digital  orthoimagery,  and  planimetrics  meeting  the  standards  specified herein  shall  be  completed  by  the  Consultant.     Ground control must be adequate to support the accuracy specifications identified herein.   Some existing  vertical and horizontal control may be available for this area.  The Consultant shall review all horizontal  and vertical control for accuracy and completeness.     If the existing control is not deemed sufficient, then the Consultant shall describe any additional control  work necessary to provide a DTM meeting the specified standards.  The Consultant shall provide in the  proposal, a draft control plan.  The City will not perform any surveying for this project.     Any survey work performed by the Consultant shall be done in conformance with Montana survey laws,  regulations and administrative rules.     For survey control work performed by the Consultant (or sub‐Consultants) the following requirements will  pertain:   A brief survey control report in PDF and/or other digital format shall be delivered that contains:      One digital copy of the control diagram (the survey network scheme).   411  One  copy  of  all  field  notes,  horizontal  and  vertical  computations,  and  control  network  adjustments, with the connections to the National Spatial Reference System shall be clearly  shown.    A digital copy of the new control points established to control the photogrammetry with all  observations and ties, a point description, digital photograph of the monument and the control  point location context, and coordinate values in geographic coordinates and in both UTM Zone  12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters,  NAVD88 meters.    Survey party personnel, equipment, software, and procedures used.     Deliverables:    The respondent shall submit a delivery schedule.  The Consultant shall deliver to the City for acceptance the following items:    1) Flight Plan and Logs:  The flight plan shall be distributed to and approved by the City prior to  acquisition.  a. Project flight lines on a map displaying the project area and distributed as a feature class or  Shapefile suitable for inclusion in ESRI ArcGIS software.  Flight lines shall include flight line  numbers within the feature attribution, and metadata shall describe the software used to  generate the flight plan.  b. Approximate number of exposures for the intended coverage area.  c. Image centers of each exposure with date and time of acquired photo included.  The data shall  be distributed as a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software.  d. Upon completion of acquisition the Contractor shall provide a collection report summarizing  the flight and logs.  2) Calibration  Reports:   C a m e r a  a n d  d i g i t a l  s e n s o r  c a l i b r a t i o n  r e p o r t s  a l o n g  w i t h  a  product  characterization report validating USGS Digital Aerial Type standards shall be provided.  3) Survey Control Report:  The following information shall be provided in a final survey report.  a. Positional AGPS data and a statistical summary of the AGPS adjustment results.  b. IMS sensor orientation and a statistical summary describing the overall accuracy of adjusted  IMU data.  c. Differentially corrected GPS ground control data used to supplement the AGPS data and a  narrative describing all aspects of the ground survey including locations and extent of the  network.  d. The results and analysis of the constrained least squares adjustment, tables summarizing GPS  misclosures, and a description of equipment and software used.  4) Aerial Triangulation Report:  An aerial triangulation report shall be provided upon completion of all  adjustments.  This report shall include,  a. An executive summary of the Aerotriangulation solution and its results.  b. A detailed narrative of the adjustment process and quality checks for accuracy.  c. A description of the software and equipment used to perform the adjustments.  d. A listing of the final adjusted coordinates in a spreadsheet or format agreed upon during  contract negotiations.  5) Digital Orthoimagery Images:    a. 1”=50’  map  scale  (i.e.,  1”=300’ photo  scale),  3”  pixel,  4‐band (RGB  and  NIR),  true  color,  orthorectified digital imagery  b. Seamless mosaic at 1‐foot (Optional:  0.5‐foot) pixel resolution.  412 c. Edge‐matched, non‐overlapping tiles based on the tile scheme provided by the City and shall  register to the existing City orthophotography database.  d. Images with edge artifacts, mismatch, or voids will be rejected.  e. Breaklines used to correct bridge and overpass distortion shall be provided in a feature class  or Shapefile suitable for inclusion in ESRI ArcGIS software.  6) Building Footprints:  Extracted polygons.  7) Progress  Reports:  Progress  reports  shall  be  provided  by  e‐mail  on  a  weekly  basis  for  aerial  photography acquisition until delivery of the pilot project, and bi‐weekly thereafter until the project  is complete.  These informal reports shall consist of a summary of production status, major activities  completed  during  the  most  recent  reporting  period,  description of  issues  and  corrections,  and  associated status maps or acquired flight lines.   8) Metadata:  Complete FGDC‐compliant metadata shall be provided for all data in an XML format.  The  metadata  shall  provide  a  complete  description  of  identification,  data  quality,  spatial  data  organization, spatial reference, and entity and attribute information.  The metadata for orthorectified  imagery shall also include acquisition dates.  9) Project Report: A final project report summarizing the flight acquisition, orthorectification process  and data collection, quality control and assurance, and deliverables provided shall be provided upon  completion of the project.  This report shall include a detailed narrative of the analysis, accuracy  assessment, and validation of all deliverables.     All final data shall become sole property of the City with no restrictions on use or dissemination.    Final deliverables and will be stored in the City’s ArcGIS SQL database and will be made available to  internal and external customers through various client applications and downloadable data files.    All data shall be delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State  Plane NAD83 (2011) meters, NAVD88 meters.  For more information on the National Adjustment of 2011,  please visit the following website:  http://www.ngs.noaa.gov/web/surveys/NA2011/    Respondents shall indicate in their proposal a description of the internal quality control processes they  will utilize throughout the various phases of the project to assure that the contract deliverables will be  acceptable.  The Consultant may provide forms, flow charts, or other materials to document the quality  control process.    The City retains the sole right to determine contract adherence to quality control requirements.  Judgment  that the Consultant is in breach of the quality control requirements may require suspension of any phase  of the contract until such time as the City can determine that such problem(s) have been remedied.     III. PROPOSAL REQUIREMENTS    Firms  interested  in  providing  the  services  described  above  are requested  to  submit  the  following  information. Responses to each item should appear in the same order as in this RFP and should identifythe  item to which the responses applies.    a) Executive Summary  And executive summary that provides a high level review of the proposed proposal  413 b) Firm/Inidvidual Profile  Consultant’s legal name, address, telephone number, website (if any), and email address  c) Description of Proposed Solution  A narrative describing the Consultant’s proposed approach to provide digital orthoimagery for  the greater Bozeman area.  d) Scope of Project  A summary of the proposed products or documents that will be provided at the completion of  this project  e) Related Experience with Projects Similar to the Scope of Services  Descriptions of similar projects completed.  f) Statement of Qualifications   Include the Consultant’s professional credentials, experience, and qualifications in providing the  Scope of Services stated in this Request for Proposal.  g) References  List of no more than three municipal organizations you have worked for and whom we may  contact for recommendations.  h) Present and Projected Workloads  A description of the firm’s current work activities and how these would be coordinated with the  project, as well as specific current workloads of the project team members.  i) Key Personnel  Identify each principal of the firm and other key personnel who will be professionally associated  with this contract. Describe their respective areas of expertise and contract role. Include  personalized resumes, which identify the qualifications, training, and experience of each key  personnel.  j) Additional Information  Submit any other additional information, which would assist the City of Bozeman in the  evaluation of the proposal. The City of Bozeman reserves the right to make any investigation  and solicit additional information or submittals as it deems necessary to determine the ability of  any Consultant to perform the Scope of Services stated within this Request for Proposals.   k) Affirmation of Nondiscrimination & Equal Pay (see Attachment B)  Non‐completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.    IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS    EVENT  DATE/TIME  Publication dates of RFP  Sunday, January 17  Sunday, January 24  Deadline for receipt of proposals  February 3  Evaluation of proposals  February 12  414 Interviews (if necessary) and Selection of  consultants  February 17    With the exception of the advertising dates and advertised due date, the City reserves the right to  modify the above timeline.    Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by February 3 at 3:00 p.m. MST. It is the  sole responsibility of the proposing party to ensure that proposals are received priorto the closing time  as late submittals will not be accepted and will be returned unopened.    All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an  email attachment to the RFP Recipient email address agenda@bozeman.net.  Respondents are advised  that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per  response. The subject line of the transmittal email shall clearly identify the RFP title, company name and  due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon  special arrangement of the Recipient;  however, it is the respondent’s sole responsibility to ensure the file  upload is completed, and  that the Recipient is separately notified via email of same, prior to the given  deadline.    V. AMENDMENTS TO SOLICITATION  Any interpretation or correction of this request will be published on the City’s webpage. The deadline  for questions related to this document is 3:00 p.m. MST on January 27.    VI. CONTACT INFORMATION    Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk,  (406) 582‐2321, agenda@bozeman.net     Questions relating to the RFP should be directed to: Jon Henderson, Strategic Services Director, 406‐ 582‐2250, jon.henderson@bozeman.net      VII. SELECTION PROCEDURE     A review committee will evaluate all responses to the RFP that meet the submittal requirements and  deadline. Submittals that do not meet the requirement or deadline will not be considered.      The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to  selection. Selection may be made directly based on the written RFP submission.     If interviews occur, the selection of finalists to be interviewed will be made by a selection committee  representing the City of Bozeman.  The selection of interview candidates will be based on an evaluation  of the written responses to the RFPs.    415 Award will be made following contract negotiations to the most qualified Consultant at a price which the  City determines to be fair and reasonable, taking into account the estimated value of services to be  rendered, as well as the scope, complexity and professional nature thereof.    If the City is unable to negotiate a satisfactory contract with the Consultant initially selected at a price the  City determines to be fair and reasonable, negotiations with that Consultant will be formally terminated  and the City will select another Consultant in accordance with MCA 18‐8‐204 and continue until an  agreement is reached or the process is terminated.    All submitted proposals must be complete and contain the information required as stated in the "Request  for Proposals.”    VIII. SELECTION CRITERIA    Proposals will be evaluated on the following criteria and the requirements of MCA 18‐8‐201 et seq.     The Consultant’s specific project approach and understanding;   Qualifications of professional personnel to be assigned to the project;   Capability to meet project time and budget requirements;   Location of the Consultant in relation to project;   Present and projected workloads;   Related experience on similar projects;   Recent and current work for the City.    IX. FORM OF AGREEMENT    The Contractor will be required to enter into a contract with the City in substantially the same form  as the professional services agreement attached as Attachment B.    X. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER    All proposals submitted in response to this RFP become the property of the City and public records and,  as such, may be subject to public review.     A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY  RESPONDENTS  AND  SHALL  NOT  OBLIGATE  THE  CITY  IN  ANY  MANNER  WHATSO E V E R .  T H E  C I T Y   R E S E R V E S  T H E  R I G H T  T O  M A K E  N O  A W A R D  A N D  T O  S O L I C I T  A D D I T I O N A L  REQUEST  FOR  QUALIFICATIONS AT A LATER DATE.  A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified  herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all  Respondents who submitted will be notified using email.    B. The City reserves the right to accept or reject any and all proposals; to add or delete items  and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure  to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for  416 up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so  provided in the RFP and if multiple awards or phases are determined by the City to be in the  public interest.     C. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously  failed to perform properly to the satisfaction of the City of Bozeman, or complete on time  agreements of similar nature, or to reject the proposal of any person/firm who is not in a  position to perform such an agreement satisfactorily as determined by the City of Bozeman.    D. The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate  a final scope of service and cost, negotiate a contract with another Contractor if an agreement  cannot be reached with the first selected Contractor, or reject all proposals.     E. The professional services contract between the City of Bozeman and the successful Contractor  will incorporate the Contractor's scope of service and work schedule as part of the agreement.    F. This RFP does not commit the City to award a contract.  The City assumes no liability or  responsibility for costs incurred by firms in responding to this request for proposals or request  for interviews, additional data, or other information with respect to the selection process, prior  to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a  response to this RFP, waives all right to protest or seek any legal remedies whatsoever  regarding any aspect of this RFP.      G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited  to: selection procedures, submittal date, and submittal requirements. If the City cancels or  revises this RFP, all Contractors who submitted proposals will be notified using email.    H. Projects under any contract are subject to the availability of funds.    XI. NONDISCRIMINATION AND EQUAL PAY POLICY  The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form  provided, that 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,  sexual  preference,  gender  identity, or disability in fulfillment of a contract entered into for the services identified herein and that  this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s  employees and to all subcontracts it enters into in the fulfillment of the services identified herein.  Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive.  The City also requires each entity submitting under this notice shall affirm it will abide by the Equal  Pay Act of 1963 and Section 39‐3‐104, MCA (the Montana Equal Pay Act), and has visited the State of  Montana  Equal  Pay  for  Equal  Work  “best  practices”  website,  https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has  read the material.    XII. MISCELLANEOUS  A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of  the  City  shall  affect  or  modify  any  term  of  this  solicitation. Oral  communications  or  any  417 written/email communication between any person and City officer, employee or agent shall not  be considered binding.    B. No  Partnership/Business  Organization. Nothing  in  this  solicitation  or  in  any  subsequent  agreement, or any other contract entered into as a result of this solicitation, shall constitute,  create, give rise to or otherwise be recognized as a partnership or formal business organization of  any kind between or among the respondent and the City.    C. Employment  Restriction  and  Indemnity. N o  p e r s o n  w h o  i s  a n  o w n e r ,  o f f i c e r ,  e m p l o y e e ,   contractor, or consultant of a respondent shall be an officer or employee of the City. No rights  of the City’s retirement or personnel rules accrue to a respondent, its officers, employees,  contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,  bonuses,  retirement,  withholdings,  worker’s  compensation  and  occupational  disease  compensation,  insurance,  unemployment  compensation  other  benefits  and  taxes  and  premiums  appurtenant  thereto  concerning  its  officers,  employees,  contractors,  and  consultants. Each Respondent shall save and hold the City harmless with respect to any and all  claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s  compensation  and  occupational  disease  compensation,  insurance, unemployment  compensation other benefits and taxes and premiums in any way related to each respondent’s  officers, employees, contractors and consultants.    D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with  sensory impairments. For further information please contact the ADA Coordinator Mike Gray  at 406‐582‐3232 or the City’s TTY line at 406‐582‐2301.    E. Procurement. When discrepancies occur between words and figures in this solicitation, the  words shall govern. No responsibility shall attach to a City employee for the premature opening  of an RFP not properly addressed and identified in accordance with these documents.    F. Governing  Law. This  solicitation  and  any  disputes  arising  hereunder  or  under  any  future  agreement shall be governed and construed and enforced in accordance with the laws of the  State of Montana, without reference to principles of choice or conflicts of laws.    XIII. ATTACHMENTS    The following exhibits are incorporated in this RFP:    Attachment A:   Flight Boundary Map  Attachment B:    Non‐Discrimination Affirmation    END OF RFP     418 Sources: Esri, HERE,DeLorme, Intermap,increment P Corp.,GEBCO, USGS, FAO, 1 0 10.5 Mile ¯2021 Bozeman Aerial Flight Boundary Attachment A 419 Attachment B    NONDISCRIMINATION AND EQUAL PAY AFFIRMATION      ____________________________________(name of entity submitting) hereby affirms it will not  discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or  because of actual or perceived sexual orientation, gender identity or disability and acknowledges and  understands the eventual contract will contain a provision prohibiting discrimination as described above  and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees  and to all subcontracts.     In addition, ____________________________________(name of entity submitting) hereby affirms it will  abide by the Equal Pay Act of 1963 and Section 39‐3‐104, MCA (the Montana Equal Pay Act), and has  visited the State of Montana Equal Pay for Equal Work “best practices” website,  https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has  read the material.     ______________________________________  Name and title of person authorized to sign on behalf of submitter      420 Memorandum REPORT TO:City Commission FROM:Luke Kline, Parks and Recreation Department Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Hydro Logistics Irrigation, LLC for Irrigation System Maintenance Services in the Parks and Trails District MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Hydro Logistics Irrigation, LLC for irrigation system maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District Implementation Plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. To address the maintenance required in the new District the City will establish contracts for professional services with qualified contractors. In February 2021, the Parks and Recreation Department conducted a request for proposals (RFP) process to acquire professional services required maintain irrigation systems on parks grounds and landscape areas in the District. After careful evaluation and review, Hydro Logistics Irrigation, LLC was determined to be the most qualified vendor for Parks and Trails District Irrigation Maintenance Zone 1 area. Hydro Logistics Irrigation has extensive experience with City irrigation systems and a demonstrated ability to accomplish irrigation services as requested by the City. The selected contractor Hydro logistics Irrigation, LLC will complete the services as defined in the attached Exhibit A: Scope of Services and Exhibit B: Quote for Irrigation System Maintenance beginning in spring of 2021. 421 UNRESOLVED ISSUES:None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Funding is currently allocated for this maintenance within the FY21 and FY22 budget in the Parks and Trails District Maintenance Fund account. Attachments: Professional Services Agreement.pdf Exhibit A Scope of Services Irrigation Maintenance Zone 1.pdf Exhibit B Quote for Irrigation Services Zone 1.pdf Report compiled on: March 11, 2021 422 Page 13 of 24 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Hydro Logistics Irrigation LLC., 499 Hylite View Dr., Bozeman MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Effective Date: This Agreement is effective upon the date of its execution. 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 Appendix C Maintenance Schedule Zone 1 (IRRIGATION) attached hereto as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 423 Page 14 of 24 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services 424 Page 15 of 24 provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, 425 Page 16 of 24 fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 426 Page 17 of 24 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: x Workers’ Compensation – statutory; x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this 427 Page 18 of 24 Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no 428 Page 19 of 24 circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent 429 Page 20 of 24 circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 430 Page 21 of 24 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 431 Page 22 of 24 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 432 Page 23 of 24 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** 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__________________________________ Jeff Mihelich, City Manager Print Name: _________________________ Print Title: __________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 433 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 1 City of Bozeman Bozeman, MT Exhibit A 434 Page 5 of 24 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 1. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 1 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 1 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 1 Irrigation Additional Services. Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Exhibit A 435 Page 6 of 24 Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A 436 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 1 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A 437 PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION (GREEN AREA ONLY) FERGUSON MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $ VALLEY COMMONS PARK TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $ LOYAL GARDENS SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR S. Cottonwood Rd. to Golden Gate Ave. & South of Loyal Dr. 1-C 1x/year $1x/year $ VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/year $1x/year $ NORTON EAST RANCH SUB PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/year $1x/year $ BAXTER MEADOWS, PH. 1-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $ FLANDERS CREEK SUBDIVISION PARK 1- 3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $ BAXTER MEDOWS, PH. 1 Park 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $ TRADITIONS SUB PHASE 1 PARK 1-4 & 8 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Sherwood Way to Glenwood Dr. & Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 1-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $ DIAMOND PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Ferguson Ave. to Flanders Mill Rd. & Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $ FOUR POINTS MINOR SUB 475 PARK TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $ WESTBROOK SUB PUBLIC PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/year $1x/year $ THE LAKES AT VALLEY WEST PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park. 1-O 1x/year $1x/year $ SUNDANCE PUBLIC PARK TURF: UNK IRRIGATION: UNK Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln. 1-P 1x/year $1x/year $ BOULDER CREEK PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Glenellen Dr. to Annie St. & Laurel Pkwy. To Abigail Ln.1-Q 1x/year $1x/year $ ANNIE ST & COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Small L shaped property corner of Annie St. & Cottage Park Ln.1-R 1x/year $1x/year $ COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Small property Cottage Park Ln. and Hanson St. 1-S 1x/year $1x/year $ Repair/Replacement of irrigation system components. (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Appendix C: Maintenance Schedule Zone 1 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS system programming for routine sprinkler cycles (Labor Only).$ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Parks Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Exhibit A 438 Parks & Trails District Irrigation Maintenance Services zone 1 RFP Hydro Logistics Irrigation, LLC Josh Proff 499 Hyalite View Drive Bozeman, MT 59718 406.570.0814 josh@hydroli.com Exhibit B 439 PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION (GREEN AREA ONLY) FERGUSON MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Sanders Ave & Cascade St. 1-A 1x/year $ 1x/year $ VALLEY COMMONS PARK TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Fallon St. & Ginella Way (vacant land) 1-B 1x/year $1x/year $ LOYAL GARDENS SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR S. Cottonwood Rd. to Golden Gate Ave. & South of Loyal Dr. 1-C 1x/year $1x/year $ VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/year $1x/year $ NORTON EAST RANCH SUB PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/year $1x/year $ BAXTER MEADOWS, PH. 1-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper Puckett Rd.1-F 1x/year $1x/year $ FLANDERS CREEK SUBDIVISION PARK 1- 3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/year $1x/year $ BAXTER MEDOWS, PH. 1 Park 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/year $1x/year $ TRADITIONS SUB PHASE 1 PARK 1-4 & 8 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Sherwood Way to Glenwood Dr. & Flanders Creek Ave to Abigail Ln.1-I 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 1-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/year $1x/year $ DIAMOND PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Ferguson Ave. to Flanders Mill Rd. & Oak St. to Tanzanite Dr. 1-L 1x/year $1x/year $ FOUR POINTS MINOR SUB 475 PARK TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/year $1x/year $ WESTBROOK SUB PUBLIC PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/year $1x/year $ THE LAKES AT VALLEY WEST PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park. 1-O 1x/year $1x/year $ SUNDANCE PUBLIC PARK TURF: UNK IRRIGATION: UNK Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln. 1-P 1x/year $1x/year $ BOULDER CREEK PARK 1-2 TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Glenellen Dr. to Annie St. & Laurel Pkwy. To Abigail Ln.1-Q 1x/year $1x/year $ ANNIE ST & COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Small L shaped property corner of Annie St. & Cottage Park Ln.1-R 1x/year $1x/year $ COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR Small property Cottage Park Ln. and Hanson St. 1-S 1x/year $1x/year $ Repair/Replacement of irrigation system components. (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Appendix C: Maintenance Schedule Zone 1 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS system programming for routine sprinkler cycles (Labor Only).$ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Parks Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS 75 75 7575 75 75 75 75 75 75 500 500 800 800 475 475 375 375 830 830 300 300 500 500 500 500 400 400 300 300 400 400 650 650 350 350 100 100 75 75 75 75 Exhibit B 440 Page 12 of 24 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Hydro Logistics Irrigation LLC Hydro Logistics Irrigation LLC ,Owner Exhibit B 441 Memorandum REPORT TO:City Commission FROM:Luke Kline, Parks and Recreation Contracts Coordinator Mitch Overton, Parks and Recreation Department Director Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Stay Green Sprinklers, Inc. for Irrigation System Maintenance Services in the Parks and Trails District MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Stay Green Sprinklers, Inc. for irrigation system maintenance services in the Parks and Trails District. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. To address the maintenance required in the new District the City will establish contracts for professional services with qualified contractors. In February 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required maintain irrigation systems on parks grounds and landscape areas in the District. After careful evaluation and review, Stay Green Sprinklers, Inc. was determined to be the most qualified vendor for Parks and Trails District Irrigation Maintenance Zone 2 area. Stay Green Sprinklers Inc. has demonstrated comprehensive understanding of City Parks irrigation systems with an established capacity to accomplish irrigation services as requested by the City. The selected contractor Stay Green Sprinklers Inc. will complete 442 the services as defined in attached Exhibit A: Scope of Services and Exhibit B: Quote for Irrigation System Maintenance beginning in spring of 2021. UNRESOLVED ISSUES:None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Funding is currently allocated for this maintenance within the FY21 and FY22 budget in the Parks and Trails District Maintenance Fund account. Attachments: Professional Services Contract.pdf Exhibit A Scope of Services Irrigation Maintenance Zone 2.pdf Exhibit B Quote for Irrigation Services Zone 2.pdf Report compiled on: March 11, 2021 443 Page 13 of 25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Effective Date: This Agreement is effective upon the date of execution. 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 Appendix C Maintenance Schedule Zone 2 (IRRIGATION) attached hereto as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 444 Page 14 of 25 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 445 Page 15 of 25 Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 446 Page 16 of 25 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 447 Page 17 of 25 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: x Workers’ Compensation – statutory; x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 448 Page 18 of 25 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do 449 Page 19 of 25 only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission 450 Page 20 of 25 to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or 451 Page 21 of 25 discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 452 Page 22 of 25 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 453 Page 23 of 25 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 454 Page 24 of 25 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_________________________________ Jeff Mihelich, City Manager Print Name: _________________________ Print Title: __________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 455 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 February 2021 REQUEST FOR PROPOSALS (RFP) PARKS & TRAILS DISTRICT IRRIGATION MAINTENANCE SERVICES ZONE: 2 City of Bozeman Bozeman, MT Exhibit A 456 Page 5 of 25 III.SCOPE OF SERVICES If selected a contractor will provide the City with professional expertise to successfully implement the proposed scope of services. The City has provided a summary of the basic maintenance components and site locations to assist in understanding the tasks and maintenance services desired. Specifications are general in nature and not intended to encompass all the projects complexity. Contractor shall become familiar with the specified locations and the needs of each facility to best determine their ability to complete the described maintenance specifications. Additional tasks and work elements may be inserted into the scope of services during contract negotiations with the selected firm. It is also possible that tasks or elements could be removed during negotiations or not included in an initial contract because of regulatory uncertainty, budget limitations, contracting strategy or any combination thereof. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime contractor. Any sub-contractors which comprise the respondent team must be identified along with a description of past working history between the firms. The scope of services includes: 1.Contractor shall be responsible for completion of site specific irrigation system and maintenance services identified and described in Appendix D: Park location Maps Zone 2. 2.Contractor proposals shall include cost associated with delivery of all tasks described in Appendix C: Maintenance Schedule Zone 2 Irrigation and Additional Services listed to be considered for proposal award. 3.Contractor shall provide a fixed cost per item for all services at the frequency designated/described in Appendix C: Maintenance Schedule Zone 2 Irrigation. Maintenance services requested include: a.Irrigation System Startup. b.Irrigation System Winterization. 4.Contractor shall provide a fixed hourly rate for labor cost associated with services described in Appendix C: Maintenance Schedule Zone 2 Irrigation Additional Services. Exhibit A 457 Page 6 of 25 Contractor proposals shall provide information on additional callout fees applied for service calls or maintenance related emergencies. Maintenance services requested include: a.Irrigation System miscellaneous maintenance (Labor Only). b.System programming for routine sprinkler cycles (Labor Only). c.Repair/Replacement of irrigation system components. (Labor Only). 5.The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. Contractor proposals shall include additional explanation if items costs are excluded from the scope of services provided. Landscape services/maintenance are not included in this RFP and will be contracted separately. Exhibit A 458 PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION (GREEN AREA ONLY) CATTAIL CREEK PARKS A & B TURF: YES/UNK IRRIGATION: YES/UNK Park A: Blackbird Dr. to Warbler Way & South fo Cattail St. Park B: Catron St. to Cattail St. & Blackbird Dr. to Warbler Way. 2-B 1x/year $1x/year $ SANDAN PARK TURF: YES/FAIR IRRIGATION:YES/ME DIUM/FAIR Downy Ln. to Savannah St. & Fen Way to Blackbird Dr. 2-C 1x/year $1x/year $ CATTAIL CREEK PARK PHASE 3 TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR Catron St. to Catamount & Blackbird Dr. to Warbler Way.2-D 1x/year $1x/year $ HARVEST CREEK PARK 1-4 TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.2-E 1x/year $1x/year $ WALTON HOMESTEAD PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of 15th Ave. and Juniper St. 2-H 1x/year $1x/year $ WESTGLEN PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. 2-I 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 1 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Off Boyland Rd. Park with a pond. 2-K 1x/year $1x/year $ DIAMOND ESTATES PUBLIC PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Oak St. & Agate Ave. Road buffer at Oak & detention pond Area. 2-J 1x/year $1x/year $ OAK SPRINGS PARK TURF: YES/FAIR IRRIGATION: YES N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 2-K 1x/year $1x/year $ BRIDGER CREEK PARK PHASE 2-3 TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. 2-L 1x/year $1x/year $ VILLAGE DOWNTOWN PARK TURF: UNK IRRIGATION: YES/MEDIUM/FAIR E-W trail corridor N. Broadway Ave. to Village Crossing Way.2-M 1x/year $1x/year $ BAXTER SQUARE PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR Corner of Sartain St. and Renee Way & Baxter Ln. to Sartain St. 2-N 1x/year $1x/year $ WEST WINDS PARK (ALL PHASES) TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. 2-O 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 1 TURF: YES/UNK IRRIGATION: YES/UNK North of Pinicle Star St. 2-P 1x/year $1x/year $ LEGENDS AT BRIDGER CREEK PARK 2 TURF: YES/GOOD IRRIGATION: YES/MEDIU/FAIR Boyland Rd. W. of Pinicle Star St. 2-Q 1x/year $1x/year $ CREEKWOOD SUB PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR End of Creekwood Dr. 2-R 1x/year $1x/year $ CATTAIL LAKE PARK TURF: YES/FAIR IRRIGATION: YES East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. 2-S 1x/year $1x/year $ PINE MEADOW PARK TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR W. Villard St. between Valley Dr. and Merriwether 2-T 1x/year $ 1x/year $ OAK MEADOWS PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR Crabapple Dr. to Juniper St. & N. 14th Ave to N. 12th Ave. 2-U 1x/year $ 1x/year $ Irrigation System labor for miscellaneous maintenance (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ system programming for routine sprinkler cycles (Labor Only).$ Repair/Replacement of irrigation system components. (Labor Only).$ Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) IRRIGATION SYSTEM STARTUP : IRRIGATION SYSTEM WINTERIZATION :ADDITIONAL COMMENTS Parks 459 CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP Appendix C: Maintenance Schedule Zone 2 MAP/ LOCATION : OVERVIEW LK 1/21 PARKS MAINTENANCE ZONE 1-3 MAP Exhibit A 460 STAYiBREEN SPRINKLERS INC THE WATER CONSERVATION SPECIALISTS February 19, 2021 Jason Wood, President Stay Green Sprinklers, Inc. 406-570-9223 jason@staygreensprinklers.com POB 10461 Bozeman, MT 59719 www.staygreensprinklers.com Exhibit B 461 Appendix C: Maintenance Schedule Zone 2 (IRRIGATION) PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS (GREEN AREA ONLY) STARTUP: WINTERIZATION : Parks Park A: Blackbird Dr. to CATTAIL CREEK TURF: YES/UNK Warbler Way & South fo PARKS A&B IRRIGATION: Cattail St. Park B: Catron St. 2-B 1lc/year $S"-Z.S 1x/year $;-is YES/UNK to Cattail St. & Blackbird Dr. to Warbler Way. TURF: YES/FAIR SANOAN PARK IRRIGATION:YES/ME 2-C 1x/year $ 20<> 1x/year $ 1,oO DIUM/FAIR CATTAIL CREEK TURF: YES/UNK $3So IRRIGATION: 2-0 1x/year $��<) 1x/year PARK PHASE3 YES/MEDIUM/FAIR HARVEST CREEK TURF: YES/FAIR IRRIGATION: 2-E 1x/year $;so 1x/year $7So PARK1-4 YES/SMALUFAIR WALTON TURF: YES/FAIR HOMESTEAD PARK IRRIGATION: 2-H 1x/year $1$ 1x/year $t5 YES/SMALUFAIR TURF: YES/FAIR WESTGLEN PARK IRRIGATION: 2-1 1x/year $7S 1x/year $ ,sYES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR IRRIGATION: 2-K 1x/year $2,c;o 1x/year $'2�0 PARK PHASE 1 YES/MEDIUM/FAIR BRIDGER CREEK TURF: YES/FAIR $'/<>� PARK PHASE 2-3 IRRIGATION: 2-L 1x/year $'-/OO 1x/year YES/MEDIUM/FAIR VILLAGE TURF:UNK IRRIGATION: 2-M 1x/year $/5 1x/year $,s DOWNTOWN PARK YES/MEDIUM/FAIR BAXTER SQUARE TURF: YES/FAIR IRRIGATION: 2-N 1x/year $3oO 1x/year $joo PARK YES/SMALUFAIR WEST WINDS PARK TURF: YES/FAIR (ALL PHASES) IRRIGATION: 2-0 1x/year $J,soo 1x/year $/,�"'' YES/MEDIUM/FAIR LEGENDS AT TURF: YES/UNK BRIDGER CREEK IRRIGATION: 2-P 1x/year $/10 1x/year $/10 PARK1 YES/UNK LEGENDS AT TURF: YES/GOOD BRIDGER CREEK IRRIGATION: 2-Q 1x/year $'3SO 1x/year $JC,o PARK2 YES/MEDIU/FAIR CREEKWOOD SUB TURF: YES/FAIR IRRIGATION: 2-R 1x/year $1,�0 1x/year $1,.�0 PARK YES/MEDIUM/FAIR TURF: YES/FAIR $C'ZS CATTAIL LAKE PARK IRRIGATION: YES 2-S 1x/year $61S 1x/year TURF: YES/FAIR PINE MEADOW PARK IRRIGATION: 2-T 1x/year $/Ou 1x/year $J<;,a YES/SMALUFAIR OAK MEAOOWS TURF: YES/FAIR fZiS PARK IRRIGATION: 2-U 1x/year 1x/year $-zis YES/MEDIUM/FAIR Downy Ln. to Savannah SL & Fen Way lo Blackbird Dr. Catron St. to Catamount & Black.bin::I Dr. to Warbfer Way. W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave. Comer of 15th Ave. and Juniper St. Between Drouillard Dr. and Meriweather Ave. at Mendenhall St. Off Boyland Rd. Par!< with a pond. PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of St Andrews Dr. E-W trail comdor N. Broadway Ave. to Village Crossina Wav. Comer of Sartain St. and Renee Way & Baxter Ln. to Sartain St. Oak St. to Baxter Ln. & Davis Ln. to 27th Ave. North of Pinicte Star St. Boyland Rd. W. of Pinkie Star St. End of Creekwood Dr. East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. W. Villard St. between Valley Dr. and Meniwether Crabapple Dr. to Juniper St. & N.14th Ave to N. 12th Ave. Additional Services: Fixed Per Hour Rates Service/Discription Per Hour Rates ADDITIONAL COMMENTS Irrigation System labor for miscellaneous maintenance (Labor Only). $ ,c;ft..r- system programming for routine sprinkler cycles (labor Only). $(� r-"'c:.L-s�, Repair/Replacement of irrigation system components. (Labor Only). $ 7$ /L..r- Exhibit B 462 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION s�'7 b!'r::,eA �r,,..f..la--s I !tvc... (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, 'S;f-.y 6('C:...,/\. 9,,.,� /e.krs I lrvc ,(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), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://equalpay.mt.gov/BestPractices/Employers. or equivalent "best practices publication and has read the material. 4-,d.�,,ores,oh,--+ �d title of person authorized to ;ig� on behalf of submitter Exhibit B 463 Memorandum REPORT TO:City Commission FROM:Tanya Andreasen, Community Housing Program Manager Martin Matsen, Community Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Groundprint, LLC for Consultant Services for Community Development Projects MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Groundprint, LLC for consultant services for community development projects. 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 Community Development Department has need for consultant services on particular projects, including site analysis of undeveloped parcels, neighborhood planning background research, and graphical representation of code or other technical planning-related concepts. Consultant services may expand staff capacity to manage such work. Task orders will be crafted for each project, describing desired project outcomes, timelines, budget, etc. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The agreement cost budgeted under Community Development does not exceed budget authorization. Attachments: PSA Groundprint LLC with Exhibits.pdf Report compiled on: March 11, 2021 464 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of March, 2021 (“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 Groundprint LLC, 280 W. Kagy Blvd Ste. D #236 Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 23rd day of March, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 465 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 466 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 467 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 4 of 11 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 468 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 469 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 6 of 11 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Community Development Director, Marty Matsen, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 470 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Susan Riggs or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Ownership and Publication of Materials: All reports, information, data, infographics and other materials prepared by the Consultant pursuant to this Agreement are owned by the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data, infographics and other materials prepared by Consultant pursuant to this Agreement. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 471 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 8 of 11 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising 472 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 9 of 11 hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. 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. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 473 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 10 of 11 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than March 23, 2023. 474 Professional Services Agreement for Community Development Department Projects FY 2021 – FY 2022 Page 11 of 11 **** 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 Susan Riggs GROUNDPRINT LLC By________________________________ By__________________________________ Jeff Mihelich, City Manager Susan Riggs Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 475 ATTACHMENT A To: Marty Matsen, Director of Community Development From: Susan Riggs, Principal, Groundprint, LLC Date: March 1, 2021 RE: Scope of Services Scope of Services Groundprint, LLC will assist with Community Development Department projects as specified by the Planning Director. Task Orders for each project will be crafted and will include activities, budget, timelines and deliverables. The Planning Director will coordinate with Groundprint, LLC directly regarding Groundprint, LLC’s availability on an individual project basis. Cost and Terms Groundprint, LLC charges on a time-and-materials basis, with an hourly rate of $110. Invoices are sent on a monthly basis and payment is due within 30 days. Date: March 1, 2021 _________________________________ Susan Riggs, AICP Principal Groundprint, LLC 476 477 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Hiscox Inc. 520 Madison Avenue 32nd Floor New York, NY 10022 GroundPrint,LLC 1262 Stoneridge Dr Bozeman MT 59718 05/27/2020 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 X X A X UDC-2016327-CGL-20 07/11/2020 07/11/2021 2,000,000 100,000 5,000 2,000,000 2,000,000 S/T Gen. Agg. MTTU478 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Hiscox Inc. 520 Madison Avenue 32nd Floor New York, NY 10022 GroundPrint,LLC 1262 Stoneridge Dr Bozeman MT 59718 05/27/2020 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 A Professional Liability UDC-2016327-EO-20 07/11/2020 07/11/2021 Each Claim: Aggregate: MTTU $ 2,000,000 $ 2,000,000 479 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign an Equipment Procurement Contract with Huber Technology, Inc. to Purchase the New Screw Press and New Headworks Screen Needed for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an equipment procurement contract with Huber Technology, Inc. to purchase the new screw press and new headworks screen needed for the Water Reclamation Facility Solids Dewatering Building Expansion and Headworks Improvements Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Solids Handling Building Expansion Project and Headworks Improvement Project will expand the capacity of the solids handling and headworks screening processes at the Water Reclamation Facility. The new headworks screen and solids dewatering screw press are major equipment items needed for the project. The City is procuring this equipment separately from the construction contract to reduce the completion time of the project and avoid construction contractor markup for overhead and profit. This major equipment come at significant expense and take upwards of 6 months to manufacture and deliver from Germany. Sole source approval for Huber Technology, Inc. has been given under City of Bozeman Purchasing Policy (Administrative Order 2013-06). Procurement contract documents are attached to this memorandum. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The equipment procurement contract amounts to a total lump sum cost of $605,121. Project funding is provided through CIP Project WW49 (FY2019 & FY2021), Project WW76 (FY2021), Project WW110 (FY2022), and Project WW69 (FY2021), which when summed provide a total funding amount of 480 $3,245,000 for the overall project. Of this total, $337,097 has been previously obligated to HDR Engineering to cover design, bidding, and construction administration costs. The complementary construction contract cost is $2,296,033. Total project costs are thus $3,238,251, which is less than the overall available funding amount. Sufficient funding is available for the equipment procurement contract. Attachments: Equipment Procurement Contract Docs Report compiled on: March 11, 2021 481 City of Bozeman Solids Handling Procurement Contract Construction Documents Project Manual Procurement February 19, 2021 HDR Project No. 10176456 482 This page is intentionally left blank. 483 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract Table of Contents 00 01 02 - 1 TABLE OF CONTENTS DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS 520 – P520 Agmnt btw Buyer and Seller 2019 700 – P700 General Conditions of the Procurement Cntr 2019 800 – P800 Supplementary Conditions of the Procurement Cntr 2019 DIVISION 46 – WATER AND WASTEWATER EQUIPMENT 46 21 13 – MECHANICALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 73 – SCREENINGS WASHER 46 76 27 – SCREW PRESSES 484 This page is intentionally left blank. 485 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 1 AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1— Procurement Contract ................................................................................................................................. 1 1.01 Goods and Special Services ........................................................................................................................... 1 1.02 The Project .................................................................................................................................................... 1 1.03 Engineer ......................................................................................................................................................... 1 1.04 Point of Destination ....................................................................................................................................... 1 Article 2— Procurement Contract Times ...................................................................................................................... 1 2.01 Time of the Essence ....................................................................................................................................... 1 2.02 Schedule of Procurement Contract Times ..................................................................................................... 1 2.03 Shop Drawings and Samples ......................................................................................................................... 2 2.04 Liquidated Damages ...................................................................................................................................... 2 Article 3— Procurement Contract Price ........................................................................................................................ 2 3.01 Procurement Contract Price and Total Price ................................................................................................ 2 Article 4— Payment Procedures.................................................................................................................................... 3 4.01 Submittal and Processing of Applications for Payment ................................................................................. 3 4.02 Progress Payments; Final Payment ............................................................................................................... 3 Article 5— Assignment of Procurement Contract ......................................................................................................... 3 5.01 Assignment of Contract .................................................................................................................................. 3 Article 6— Procurement Contract Documents .............................................................................................................. 3 6.01 List of Procurement Contract Documents ..................................................................................................... 3 Article 7— Seller’s Representations and Certifications ................................................................................................ 4 7.01 Seller’s Representations ................................................................................................................................ 4 7.02 Seller’s Certifications .................................................................................................................................... 4 Article 8— Confidentiality ............................................................................................................................................ 5 8.01 Confidential Information ............................................................................................................................... 5 8.02 Disclosure of Confidential Information ......................................................................................................... 5 8.03 Waiver of Immunity ........................................................................................................................................ 5 Article 9— Mutual Waiver ............................................................................................................................................ 5 9.01 Mutual Waiver of Consequential Damages ................................................................................................... 5 486 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 1 AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CONTRACT This Procurement Agreement is by and between City of Bozeman, Montana (“Buyer”) and HUBER Technology, Inc. (“Seller”). Terms used in this Procurement Agreement have the meanings stated in the General Conditions of the Procurement Contract and the Supplementary Conditions of the Procurement Contract. Buyer and Seller hereby agree as follows: ARTICLE 1—PROCUREMENT CONTRACT 1.01 Goods and Special Services A. Seller shall furnish the Goods and Special Services as specified or indicated in the Procurement Contract Documents. The Goods and Special Services are generally described as follows: One HUBER Q-Press 800.2 Screw Press and one HUBER Multi-Rake Bar Screen: RakeMax® J. 1.02 The Project A. The Project, of which the Goods and Special Services are a part, is generally described as follows: Bozeman Water Reclamation Facility Solids Handling Building Expansion Project. 1.03 Engineer A. Buyer has retained HDR Engineering, Inc. ("Engineer"), to prepare Procurement Contract Documents and act as Buyer's representative. Engineer assumes all duties and responsibilities and has the rights and authority assigned to Engineer in the Procurement Contract Documents in connection with Seller’s furnishing of Goods and Special Services. 1.04 Point of Destination A. The Point of Destination is designated as: The Solids Handling Building at the Bozeman Water Reclamation Facility. ARTICLE 2—PROCUREMENT CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Milestones, including the submittal of Shop Drawings and Samples, the delivery of Goods, and the furnishing of Special Services as stated in the Procurement Contract Documents, are of the essence of the Procurement Contract. 2.02 Schedule of Procurement Contract Times A. The following schedule sets forth the Procurement Contract Times: Milestone Date or Days Notes Submit Shop Drawings No more than four weeks after Execution of the Agreement. Deliver acceptable Goods to Point of Destination No more than 24 weeks after approval of shop drawing submittals. Delivery shall be coordinated with the Buyer, Engineer, and Contractor. Installation, Start-Up, and Operator Training See 46 76 27 Screw Press Specification 487 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 2 2.03 Shop Drawings and Samples A. Submittal of Shop Drawings and Samples: Seller shall submit all Shop Drawings and Samples required by the Procurement Contract Documents to Engineer for its review and approval. B. Engineer’s Review: It is the intent of the parties that Engineer will conduct its review of Shop Drawings and Samples and issue its approval, or a denial accompanied by substantive comments regarding information needed to gain approval, within 14 days after Seller's submittal of such Shop Drawings and Samples, or within such longer period that is needed because of the quantity and quality of such submittals. Resubmittals will be limited whenever possible. 2.04 Liquidated Damages A. Buyer and Seller recognize that time is of the essence as stated in Paragraph 2.01, and that Buyer will suffer financial and other losses if the Goods are not delivered to the Point of Destination and ready for receipt of delivery by Buyer within the time specified in Paragraph 2.02, plus any extensions thereof allowed in accordance with this Procurement Contract. The parties also recognize that the timely performance of services by others involved in the Project is materially dependent upon Seller’s specific compliance with the delivery requirements of Paragraph 2.02. Further, the parties recognize the time, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the loss (whether direct, consequential, or otherwise) suffered by Buyer if complete, acceptable Goods are not delivered on time. Accordingly, instead of requiring any such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer $500 for each day that expires after the time specified in Paragraph 2.02 for delivery of acceptable Goods. The Seller’s liability of Liquidated Damages will be capped at an amount equal to 100% of the full contract price. ARTICLE 3—PROCUREMENT CONTRACT PRICE 3.01 Procurement Contract Price and Total Price A. The Procurement Contract Price is comprised of the Lump Sum amount set forth in the following paragraphs. B. Buyer shall pay Seller a Lump Sum of $605,121 for furnishing the Goods and Special Services in accordance with the Procurement Contract Documents. See 46 21 13 – Mechanically Cleaned Screens-Travelling Rake Type (Rake-J) Specification See 46 21 73 – Screenings Washer Specification Seller / Vendor Representative Services See 46 76 27 Screw Press Specification See 46 21 13 – Mechanically Cleaned Screens-Travelling Rake Type (Rake-J) Specification See 46 21 73 – Screenings Washer Specification 488 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 3 ARTICLE 4—PAYMENT PROCEDURES 4.01 Submittal and Processing of Applications for Payment A. Seller shall submit Applications for Payment in accordance with Article 13 of the General Conditions and the following paragraphs. Engineer and Buyer will process such Applications for Payment in accordance with said Article 13. 4.02 Progress Payments; Final Payment A. Seller may submit an Application for Payment requesting the stated percentage of Procurement Contract Price upon attainment of each of the following Payment Line Items: Payment Line Item (Lump Sum) Percentage of Lump Sum 1. Receipt of Approval of Shop Drawings and Samples 10 2. Delivery of Goods to Point of Destination in accordance with the Procurement Contract Documents 80 3. Completion of Seller / Vendor Representative Services (including installation, start-up, and operator training) 5 4. Final Payment: Correction of non-conformities, provision of final Operations and Maintenance manuals, submittal of warranties and other final documentation required by the Procurement Contract Documents 5 Total Procurement Contract Price (Lump Sum) 100 B. Buyer shall pay Seller the amount owed under an Application for Payment within 30 days after Engineer’s presentation to Buyer of the Application for Payment and Engineer’s recommendation. ARTICLE 5—ASSIGNMENT OF PROCUREMENT CONTRACT 5.01 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Procurement Contract will be binding on another party hereto without the written consent of the party sought to be bound. Specifically, but without limitation, Procurement Contract payments or other money that may become due, and Procurement Contract payments or other money that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Laws and Regulations). Unless specifically stated to the contrary in any written consent to such an assignment, such an assignment will not release or discharge the assignor from any duty or responsibility under the Procurement Contract Documents. ARTICLE 6—PROCUREMENT CONTRACT DOCUMENTS 6.01 List of Procurement Contract Documents A. The Procurement Contract Documents consist of the following: 1. This Procurement Agreement. 2. General Conditions of the Procurement Contract. 3. Supplementary Conditions of the Procurement Contract. 4. Procurement Specifications as listed in the Procurement Specifications table of contents. 5. Procurement Drawings (not attached but incorporated by reference). 489 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 4 6. The following which may be delivered or issued on or after the Effective Date of the Procurement Contract and are not attached hereto: a. Change Orders; b. Change Directives; and c. Field Orders. B. The documents listed in Paragraph 6.01.A are attached to this Procurement Agreement (except as expressly noted otherwise above). C. There are no Procurement Contract Documents other than those listed above. D. The Procurement Contract Documents may only be amended or supplemented as provided in Paragraph 11.01 of the Procurement General Conditions. ARTICLE 7—SELLER’S REPRESENTATIONS AND CERTIFICATIONS 7.01 Seller’s Representations A. In order to induce Buyer to enter into this Procurement Agreement, Seller makes the following representations: 1. Seller has examined and carefully studied the Procurement Contract Documents. 2. If, in Seller’s judgment, any observable local or site conditions may affect the delivery, cost, progress, or furnishing of the Goods and Special Services, then Seller has visited the Point of Destination and site where the Goods are to be installed or Special Services will be provided (as applicable) and become familiar with and is satisfied as to the observable local and site conditions that may affect delivery, cost, progress, and furnishing of the Goods and Special Services. 3. Seller is familiar with and is satisfied as to all Laws and Regulations that may affect the cost, progress, and performance of Seller's obligations under the Procurement Contract. 4. Seller has carefully studied, considered, and correlated the information known to Seller with respect to the effect of such information on the cost, progress, and performance of Seller's obligations under the Procurement Contract. 5. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered in the Procurement Contract Documents, and the written resolution (if any) thereof by Engineer is acceptable to Seller. 6. The Procurement Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of Seller's obligations under the Procurement Contract. 7. Seller’s entry into this Procurement Contract constitutes an incontrovertible representation by Seller that without exception all prices in the Procurement Agreement are premised upon furnishing the Goods and Special Services as required by the Procurement Contract Documents. 7.02 Seller’s Certifications A. Seller certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Procurement Contract. For the purposes of this Paragraph 7.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Procurement Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Procurement Contract to the detriment of Buyer, (b) to establish bid or contract prices at artificial non-competitive levels, or (c) to deprive Buyer of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Buyer, a purpose of which is to establish bid prices at artificial, non- competitive levels; and 490 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 5 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Procurement Contract. ARTICLE 8—CONFIDENTIALITY 8.01 Confidential Information A. Confidential information is information in documents submitted by Seller that Seller clearly and prominently labels in writing to be a trade secret, proprietary, or confidential. Such documents, if any, will be maintained in a manner that endeavors to avoid disclosing confidential information to third parties, to the extent allowed by Laws and Regulations. B. Seller shall clearly and prominently mark confidential information with the word “CONFIDENTIAL” on each page or sheet or on the cover of bound documents. Place “CONFIDENTIAL” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. 8.02 Disclosure of Confidential Information A. If Buyer is requested to disclose confidential information, or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, or other requests under Laws and Regulations) to disclose confidential information, or is required by a regulatory body, governing agency, or controlling authority to disclose confidential information, or make any other disclosure that is prohibited or otherwise constrained by the Procurement Contract, Buyer will provide Seller with prompt notice so Seller may seek an appropriate protective order or other remedy. Seller will be solely responsible for submitting to the regulatory body, governing agency, or controlling authority any arguments, briefs, memoranda, motions, authorities, or other information in opposition to disclosure. B. Buyer’s obligations with respect to confidential information are nullified by the following exceptions: 1. Confidential information becomes a part of the public domain through publication or otherwise, through no fault of the Buyer; 2. Buyer can demonstrate through suitable documentation that the confidential information was already in the Buyer’s possession, and not previously marked as confidential, or was otherwise publicly available prior to the Effective Date of the Procurement Contract; 3. The confidential information is subsequently and independently disclosed to the Buyer by a third party who has a lawful right to disclose such information; 4. Buyer has a good faith belief that disclosure is required or justified; or 5. Buyer is required to disclose the confidential information by court order or by applicable Laws and Regulations. 8.03 Waiver of Immunity A. Notwithstanding any other provision of the Procurement Contract, it is stipulated and agreed that by accepting confidential information, Buyer has not and does not waive its legal immunity (if any) from suit or liability. ARTICLE 9—MUTUAL WAIVER 9.01 Mutual Waiver of Consequential Damages A. Buyer and Seller waive against each other, and against the other’s officers, directors, members, partners, employees, agents, consultants, and subcontractors, any and all claims for or entitlement to incidental, indirect, or consequential damages arising out of, resulting from, or related to the Procurement Contract. If Buyer (Project Owner) assigns this Procurement Contract to a construction contractor (Contractor/Assignee), then the terms of this Paragraph 9.01.A will be binding upon the Contractor/Assignee with respect to Seller and assignor. The terms of this mutual waiver do not apply to or limit any claim by either Buyer or Seller against the other based on any of the following: 491 492 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P520 Agmnt btw Buyer and Seller 2019 520 - 1 493 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT Prepared By 494 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright© 2019 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. The use of this document is governed by the terms of the License Agreement for the 2019 EJCDC® Procurement Series Documents. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. 495 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 2 GUIDELINES FOR USE OF EJCDC® P-700, STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT 1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT EJCDC® P-700, Standard General Conditions of the Procurement Contract (2019), is one of the foundation documents for the EJCDC Procurement Series. The General Conditions define the basic rights, responsibilities, risk allocations, and contractual relationship of the Buyer and Seller, and establish how the Procurement Contract is to be administered. The term “Procurement” as used by EJCDC refers to the purchase of Goods (typically equipment or systems that will be installed in a facility, or in some cases construction materials) and related Special Services. The purchaser (“Buyer”) is the Project Owner; and in most cases such a purchase will be initiated in the early stages of a project, before the overall design is complete and before the Project Owner has selected and brought a construction contractor under contract. The Seller will be either a manufacturer or a vendor/supplier. The EJCDC Procurement Series of documents provides the user with forms and documents for obtaining bids from prospective Sellers, and for establishing the Procurement Contract itself. 2.0 OTHER DOCUMENTS EJCDC documents are intended to be used as a system and changes in one EJCDC document may require a corresponding change in other documents. Other EJCDC documents may also serve as a reference to provide insight or guidance for the preparation of this document. These General Conditions have been prepared for use with EJCDC® P-520, Agreement Between Buyer and Seller for Procurement Contract (2019 Edition). The provisions of the General Conditions and the Procurement Agreement are interrelated, and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC® P-800, Supplementary Conditions of the Procurement Contract (2019). If a Supplementary Condition will alter the standard provisions of the General Conditions, the user should determine whether changes are needed in other Procurement Contract Documents, or in the Procurement Bidding Requirements. The full EJCDC Procurement series of documents is discussed in EJCDC® P-001, Commentary on the 2019 EJCDC Procurement Documents (2019). 3.0 ORGANIZATION OF INFORMATION All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents. EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations. 496 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 2 of 2 If CSI MasterFormat™ is used for organizing the project manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages. 4.0 EDITING THIS DOCUMENT When preparing P-700 for inclusion in Procurement Bidding Documents or in a Procurement Contract, remove these Guidelines for Use. Some users may also prefer to remove the two cover pages. Although it is permissible to revise the Standard EJCDC Text of P-700 (the content beginning at page 1 and continuing to the end), it is common practice to leave the Standard EJCDC Text of P-700 intact and unaltered, with modifications and supplementation of P-700’s provisions set forth in EJCDC® P-800, Supplementary Conditions of the Procurement Contract (2019). If the Standard Text itself is revised, the user must comply with the terms of the License Agreement, Paragraph 4.0, Document-Specific Provisions, concerning the tracking or highlighting of revisions. The following is a summary of the relevant License Agreement provisions: 1.The term “Standard EJCDC Text” for P-700 refers to all text prepared by EJCDC in the main body of the document. Document covers, logos, footers, instructions, or copyright notices are not Standard EJCDC Text for this purpose. 2.During the drafting or negotiating process for a procurement contract based on P-700, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text. Thus, if a draft or version of P-700 purports to be or appears to be an EJCDC document, the user must plainly show all changes to the Standard EJCDC Text, using “Track Changes” (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions. 3.If P-700 has been revised or altered and is subsequently presented to third parties (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes. 4.Once the document is ready to be finalized (and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes that were made to the Standard EJCDC Text. The user may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any “Track Changes,” redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text. 5.0 LICENSE AGREEMENT This document is subject to the terms and conditions of the License Agreement, 2019 EJCDC® Procurement Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring organizations. 497 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 3 STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ....................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 4 Article 2— Preliminary Matters .................................................................................................................... 5 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................... 5 2.02 Copies of Documents .................................................................................................................... 5 2.03 Electronic Transmittals ................................................................................................................. 6 2.04 Preliminary Schedules ................................................................................................................... 6 2.05 Preliminary Conference ................................................................................................................ 6 2.06 Safety ............................................................................................................................................ 6 Article 3— Procurement Contract Documents ............................................................................................. 7 3.01 Intent ............................................................................................................................................. 7 3.02 Reference Standards ..................................................................................................................... 7 3.03 Reporting and Resolving Discrepancies ........................................................................................ 8 3.04 Requirements of the Procurement Drawings and Procurement Specifications ........................... 8 3.05 Reuse of Documents ..................................................................................................................... 9 Article 4— Commencement and Schedule ................................................................................................... 9 4.01 Commencement of Procurement Contract Times ........................................................................ 9 4.02 Continuing Performance ............................................................................................................... 9 4.03 Adjustments to Progress Schedule ............................................................................................... 9 4.04 Delays .......................................................................................................................................... 10 Article 5— Bonds and Insurance ................................................................................................................. 11 5.01 Performance, Payment, and Other Bonds .................................................................................. 11 5.02 Insurance ..................................................................................................................................... 12 5.03 Surety or Insurance Companies .................................................................................................. 12 Article 6— Licenses and Fees ...................................................................................................................... 12 6.01 Intellectual Property and License Fees ....................................................................................... 12 6.02 Seller’s Infringement ................................................................................................................... 13 498 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 3 6.03 Buyer’s Infringement .................................................................................................................. 13 Article 7— Seller’s Responsibilities ............................................................................................................. 14 7.01 Performance of Obligations ........................................................................................................ 14 7.02 Labor, Materials and Equipment ................................................................................................ 14 7.03 Laws and Regulations .................................................................................................................. 14 7.04 “Or Equals” .................................................................................................................................. 15 7.05 Taxes ........................................................................................................................................... 16 7.06 Submittals ................................................................................................................................... 16 7.07 Indemnification ........................................................................................................................... 18 7.08 Concerning Subcontractors and Suppliers .................................................................................. 19 Article 8— Shipping and Delivery ............................................................................................................... 19 8.01 Shipping ....................................................................................................................................... 19 8.02 Delivery ....................................................................................................................................... 19 8.03 Risk of Loss .................................................................................................................................. 19 Article 9— Buyer’s Rights ............................................................................................................................ 20 9.01 Seller’s Warranties and Guarantees ........................................................................................... 20 9.02 Inspections and Testing .............................................................................................................. 21 9.03 Non-Conforming Goods and Special Services ............................................................................. 22 9.04 Correction Period ........................................................................................................................ 23 Article 10— Engineer’s Status ..................................................................................................................... 23 10.01 Engineer’s Role Defined .......................................................................................................... 23 10.02 Duties and Responsibilities; Authority; Limitations ................................................................ 24 Article 11— Changes ................................................................................................................................... 24 11.01 Amending and Supplementing the Procurement Contract .................................................... 24 11.02 Change Orders ........................................................................................................................ 25 11.03 Change Directives.................................................................................................................... 25 11.04 Field Orders ............................................................................................................................. 25 11.05 Buyer-Authorized Changes in the Goods and Special Services ............................................... 26 11.06 Buyer’s Contingency Allowance .............................................................................................. 26 11.07 Unauthorized Changes in the Goods and Special Services ..................................................... 26 11.08 Change of Procurement Contract Price .................................................................................. 26 11.09 Change of Procurement Contract Times ................................................................................. 27 11.10 Notification to Surety .............................................................................................................. 27 499 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 3 Article 12— Claims, Disputes, and Dispute Resolution .............................................................................. 27 12.01 Claims ...................................................................................................................................... 27 12.02 Dispute Resolution Method .................................................................................................... 28 Article 13— Payment .................................................................................................................................. 29 13.01 Applications for Progress Payments ....................................................................................... 29 13.02 Review of Applications for Progress Payments....................................................................... 29 13.03 Basis and Amount of Progress Payments ................................................................................ 30 13.04 Suspension of or Reduction in Payment ................................................................................. 30 13.05 Final Payment .......................................................................................................................... 32 13.06 Waiver of Claims ..................................................................................................................... 32 Article 14— Cancellation, Suspension, and Termination ........................................................................... 33 14.01 Cancellation............................................................................................................................. 33 14.02 Suspension of Performance by Buyer ..................................................................................... 33 14.03 Suspension of Performance by Seller ..................................................................................... 33 14.04 Breach and Termination.......................................................................................................... 33 Article 15— Miscellaneous ......................................................................................................................... 34 15.01 Giving Notice ........................................................................................................................... 34 15.02 Controlling Law ....................................................................................................................... 34 15.03 Computation of Time .............................................................................................................. 34 15.04 Cumulative Remedies ............................................................................................................. 34 15.05 Survival of Obligations ............................................................................................................ 35 15.06 Entire Agreement .................................................................................................................... 35 15.07 No Waiver ............................................................................................................................... 35 15.08 Headings .................................................................................................................................. 35 15.09 Successors and Assigns ........................................................................................................... 35 500 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 35 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whenever used in the Procurement Bidding Requirements or Procurement Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated, which are applicable to the singular or plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Procurement Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Procurement Contract Documents. 2. Application for Payment—The document prepared by Seller, in a form acceptable to Buyer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Procurement Contract Documents. 3. Bid—An offer or proposal of a prospective Seller submitted on the prescribed form setting forth the prices for the Goods and Special Services to be provided. 4. Bidder—An individual or entity that, as a prospective Seller, submits a Bid to Buyer. 5. Buyer—The individual or entity purchasing the Goods and Special Services. 6. Change Directive—A written directive from Buyer to Seller issued on or after the Effective Date of the Procurement Contract, ordering an addition, deletion, or revision in the Goods and Special Services. 7. Change Order—A document which is signed by Seller and Buyer and authorizes an addition, deletion, or revision to the Procurement Contract Documents or an adjustment in the Procurement Contract Price or the Procurement Contract Times, issued on or after the Effective Date of the Procurement Contract. Change Orders may be the result of mutual agreement by Buyer and Seller, or of resolution of a Claim. 8. Claim—A demand or assertion by Buyer or Seller seeking an adjustment of Procurement Contract Price or Procurement Contract Times, or both, or other relief with respect to the terms of the Procurement Contract. A demand for money or services by a third party is not a Claim. 9. Contractor/Assignee—A construction contractor with which Project Owner enters into a construction contract, and to which Project Owner, as initial Buyer, assigns this Procurement Contract. 10. Effective Date of the Procurement Contract—The date indicated in the Procurement Agreement on which the Procurement Contract becomes effective. 11. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 501 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 35 12. Electronic Means—Electronic mail (e-mail), upload/download from a secure Project website, or other communications methods that allow: the transmission or communication of Electronic Documents; the documentation of transmissions, including sending and receipt; printing of the transmitted Electronic Document by the recipient; the storage and archiving of the Electronic Document by sender and recipient; and the use by recipient of the Electronic Document for purposes permitted by this Procurement Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 13. Engineer—The individual or entity designated as such in the Procurement Agreement. 14. Field Order—A written order issued by Engineer which requires minor changes in the Goods or Special Services, but which does not involve a change in the Procurement Contract Price or Procurement Contract Times. 15. Goods—The tangible and movable personal property that is described in the Procurement Contract Documents, regardless of whether the property is to be later attached to realty. 16. Goods and Special Services—The full scope of materials, equipment, other items, and services to be furnished by Seller, including Goods, as defined herein, and Special Services, if any, as defined herein. This term refers to both the Goods and the Special Services, or to either the Goods or the Special Services, and to any portion of the Goods or the Special Services, as the context requires. 17. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 18. Milestone—A principal event specified in the Procurement Contract that Seller must attain by the date or within the number of days indicated, including but not limited to the delivery of the Goods and the furnishing of Special Services. 19. Notice of Award—The written notice, by Buyer to a Bidder, of Buyer’s acceptance of the Bid. 20. Point of Destination—The specific address of the location where delivery of the Goods will be made, as stated in the Procurement Agreement. 21. Procurement Agreement—The written instrument, executed by Buyer and Seller, that sets forth the Procurement Contract Price and Procurement Contract Times, identifies the parties and the Engineer, and designates the specific items that are Procurement Contract Documents. 22. Procurement Bidding Documents—The Procurement Bidding Requirements and the proposed Procurement Contract Documents (including all Addenda). 23. Procurement Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and Bid Form with any supplements. 24. Procurement Contract—The entire and integrated written agreement between Buyer and Seller concerning the Goods and Special Services. 502 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 35 25.Procurement Contract Documents—Those items so designated in the Procurement Agreement, and which together comprise the Procurement Contract. Shop Drawings and other Seller submittals are not Procurement Contract Documents, even if accepted, reviewed, or approved by Engineer or Buyer. 26.Procurement Contract Price—The money that Buyer has agreed to pay Seller for furnishing the Goods and Special Services in accordance with the Procurement Contract Documents. 27.Procurement Contract Times—The times stated in the Procurement Agreement by which the Goods must be delivered, Special Services must be furnished, and other Milestones must be attained. 28.Procurement Drawings—That part of the Procurement Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Goods and Special Services to be furnished by Seller. Shop Drawings and other Seller submittals are not Procurement Drawings as so defined. 29.Procurement Specifications—That part of the Procurement Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the furnishing of the Goods and Special Services, and certain administrative requirements and procedural matters applicable thereto. 30.Project—The total undertaking to be accomplished for Project Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Goods and Special Services are a part. 31.Project Owner—The entity that has retained (or will retain) engineers, contractors, and others for the planning, study, design, construction, testing, commissioning, and start- up of facilities and improvements. As of the Effective Date of the Procurement Contract, the Project Owner is the Buyer. 32.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Goods and Special Services and which establish the standards by which such portion of the Goods and Special Services will be judged. 33.Schedule of Submittals—A schedule, prepared and maintained by Seller, of required Submittals and the time requirements for Engineer’s review of the Submittals. 34.Seller—The individual or entity furnishing the Goods and Special Services. 35.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Seller and submitted by Seller to illustrate some portion of the Goods and Special Services. Shop Drawings, whether approved or not, are not Procurement Drawings and are not Procurement Contract Documents. 36.Special Services—Services to be performed by Seller (or its agents or subcontractors) in association with the Goods to be furnished by Seller, as required by the Procurement Contract Documents. 37.Submittal—A written or graphic document, prepared by or for Seller, which the Procurement Contract Documents require Seller to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals 503 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 35 may include Shop Drawings and Samples; schedules; product data; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or site quality- control testing and inspections; warranties and certifications; suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; record documents; and other such documents required by the Procurement Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Procurement Contract Documents. Change proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 38. Successful Bidder—The Bidder whose Bid the Buyer accepts, and to which Buyer makes an award of the Procurement Contract. 39. Supplementary Conditions—The part of the Procurement Contract that amends or supplements these General Conditions. 40. Unit Price Goods and Special Services—Goods and Special Services to be paid for on the basis of unit prices (if any). 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B and 1.02.C are not defined, but have the indicated meanings when used in the Bidding Requirements or Procurement Contract Documents. B. Intent of Certain Terms or Adjectives 1. The Procurement Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Goods and Special Services. It is intended that such exercise of professional judgment, action, or determination will be commercially reasonable and will be solely to evaluate, in general, the Goods and Special Services for compliance with the requirements of and information in the Procurement Contract Documents and conformance with the design concept of the completed Project as a functioning whole, as shown or indicated in the Procurement Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective will not be effective to assign to Engineer any duty or authority to supervise or direct the furnishing of Goods or Special Services or any duty or authority to undertake responsibility contrary to any other provision of the Procurement Contract Documents. 2. The word “non-conforming” when modifying the words “Goods and Special Services,” “Goods,” or “Special Services,” refers to Goods and Special Services that are unsatisfactory, faulty, or deficient in that they: a. do not conform to or comply with the requirements of the Procurement Contract Documents; b. do not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Procurement Contract Documents; or 504 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 35 c. in the case of Special Services, have not been completed. 3. The word “receipt” when referring to the Goods, means the physical taking and possession by the Buyer under the conditions specified in Paragraph 9.02.B.2. 4. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. 5. The word "furnish," when used in connection with the Goods and Special Services means to supply and deliver said Goods to the Point of Destination (or some other specified location) and to perform said Special Services fully, all in accordance with the Procurement Contract Documents. C. Procurement Contract Price or Procurement Contract Times: References to a change in “Procurement Contract Price or Procurement Contract Times” or “Procurement Contract Times or Procurement Contract Price” or similar, indicate that such change applies to (1) Procurement Contract Price, (2) Procurement Contract Times, or (3) both Procurement Contract Price and Procurement Contract Times, as warranted, even if the term “or both” is not expressed. D. Unless stated otherwise in the Procurement Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Procurement Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Seller delivers the executed counterparts of the Procurement Agreement to Buyer, the Seller also shall deliver to Buyer the performance bond and payment bond (if the Procurement Contract requires Seller to furnish such bonds). B. Evidence of Seller’s Insurance: When Seller delivers the signed counterparts of the Procurement Agreement to Buyer, the Seller also shall deliver to Buyer, with copies to each additional insured (as identified in the Procurement Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Seller in accordance with Article 5. Evidence of insurance to be obtained at a later date, such as insurance relating to transit or storage of the Goods, will be provided to Buyer at the time of such insurance is obtained. C. Evidence of Buyer’s Insurance: After receipt of the signed counterparts of the Procurement Agreement and all required bonds and insurance documentation, Buyer shall promptly deliver to Seller, with copies to each additional insured (as identified in the Procurement Contract), certificates and other evidence of insurance (if any) required to be provided by Buyer. 2.02 Copies of Documents A. Buyer shall furnish to Seller four printed copies of the Procurement Contract (including one fully executed counterpart of the Procurement Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. 505 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 35 2.03 Electronic Transmittals A. Except as otherwise stated elsewhere in the Procurement Contract, the Buyer, Seller, and Engineer may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Procurement Contract does not establish protocols for Electronic Means, then Buyer, Seller, and Engineer shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. 2.04 Preliminary Schedules A. Within 15 days after the Effective Date of the Procurement Contract, Seller shall submit to Buyer and Engineer for timely review: 1. a progress schedule of activities, consistent with the Procurement Contract Times, including at a minimum, Shop Drawing and Sample submittals, tests, and deliveries as required by the Procurement Contract Documents. a. The progress schedule will be acceptable to Buyer and Engineer if it provides an orderly progression of the Submittals, tests, and deliveries to completion within the specified Milestones of the Procurement Contract Times. b. Such acceptance will not impose on Buyer or Engineer responsibility for the progress schedule, for sequencing, scheduling, or progress of Seller’s performance of its obligations under the Procurement Contract, nor interfere with or relieve Seller from Seller’s full responsibility therefor. c. Such acceptance will not be deemed as an acknowledgment of the reasonableness and attainability of the schedule. 2. a preliminary schedule of Submittals. B. No progress payment will be made to Seller until an acceptable progress schedule and acceptable schedule of Submittals are submitted to Buyer and Engineer (and other conditions applicable to progress payments are met). 2.05 Preliminary Conference A. Within 20 days after the Procurement Contract Times start to run, a conference attended by Seller, Buyer, Engineer and others as appropriate will be held to establish a working understanding among the parties as to the Goods and Special Services and to discuss the schedules referred to in Paragraph 2.04.A, procedures for handling Shop Drawings and other Submittals, processing Applications for Payment, and maintaining required records. 2.06 Safety A. Buyer and Seller shall comply with all applicable Laws and Regulations relating to the safety of persons or property, and to the protection of persons or property from damage, injury, or loss. 506 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 35 B. When Seller's personnel, or the personnel of any subcontractor to Seller, are present at the Point of Destination or any work area or site controlled by Buyer, the Seller shall be responsible for the compliance by such personnel with any applicable requirements of Buyer's safety programs that are made known to Seller. C. If Buyer or its representatives visit the Seller’s manufacturing or storage facilities, for testing, inspection, or other purposes, Seller shall inform Buyer in advance of any safety preparations, standards, or programs with which Buyer and its representatives must comply. ARTICLE 3—PROCUREMENT CONTRACT DOCUMENTS 3.01 Intent A. The Procurement Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Procurement Contract Documents or from prevailing custom or trade usage as being required to produce or furnish the indicated Goods and Special Services will be provided, whether or not specifically called for, at no additional cost to Buyer. C. Unless otherwise stated in the Procurement Contract Documents, if there is a discrepancy between the electronic or digital versions of the Procurement Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version will govern. D. The Procurement Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Procurement Contract Documents, as provided in Paragraph 3.04. F. Any provision or part of the Procurement Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Buyer and Seller. 3.02 Reference Standards A. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws and Regulations, whether such reference be specific or by implication, means the standard, specification, manual, code, or Laws and Regulations in effect at the time of opening of Bids (or on the Effective Date of the Procurement Agreement if there were no Bids), except as may be otherwise specifically stated in the Procurement Contract Documents. B. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a supplier, will be effective to change the duties or responsibilities of Buyer, Seller, or Engineer from those set forth in the part of the Procurement Contract Documents prepared by or for Engineer. No such provision or instruction will be effective to assign to Buyer or Engineer any duty or authority to supervise or direct the performance of Seller’s obligations, or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Procurement Contract Documents prepared by or for Engineer. 507 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 35 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Seller’s Review of Procurement Contract Documents: If, before or during the performance of Seller’s obligations, Seller discovers any conflict, error, ambiguity, or discrepancy within the Procurement Contract Documents, or between the Procurement Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any supplier to Seller, then Seller shall promptly report it to Engineer (or if the Procurement Contract is assigned, then directly to Contractor/Assignee) in writing. Seller shall not proceed with the Goods and Special Services affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer (or if the Procurement Contract is assigned, then by Contractor/Assignee) or by an amendment or supplement to the Procurement Contract Documents issued pursuant to Article 11. 2. Seller shall not be liable to Buyer or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Procurement Contract Documents unless Seller had actual knowledge thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Procurement Contract Documents, the provisions of the Procurement Contract Documents will take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Procurement Contract Documents and: 1. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Procurement Contract Documents); or 2. the provisions of any Laws or Regulations applicable to the furnishing of the Goods and Special Services (unless such an interpretation of the provisions of the Procurement Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Procurement Drawings and Procurement Specifications A. During the performance of Seller’s obligations and until final payment, Seller and Buyer shall submit to the Engineer all matters in question concerning the requirements of the Procurement Drawings and Procurement Specifications (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Goods and Special Services, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Procurement Drawings and Procurement Specifications, and judge of the acceptability of the Goods and Special Services thereunder. 1. After assignment (if any) Seller shall submit such matters directly to Contractor/Assignee for response or administration, and the Procurement Contract provisions in Paragraphs 3.04.B and C will not apply. B. Engineer will issue with reasonable promptness a written clarification, interpretation, or decision on the issue submitted, and if necessary, initiate an amendment or supplement to the Procurement Drawings or Procurement Specifications. Engineer’s written clarification, interpretation, or decision will be consistent with the overall intent of the Procurement Contract Documents, and will be final and binding on Seller and Buyer. If either Buyer or Seller believes that a written clarification or interpretation justifies an adjustment in the 508 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 35 Procurement Contract Price or Procurement Contract Times, either may make a Claim for such adjustment as provided in Article 12. C. If a submitted matter in question concerns terms and conditions of the Procurement Contract Documents that do not involve (1) the performance or acceptability of the Goods and Services, (2) the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Buyer and Seller that Engineer is unable to provide a decision or interpretation. 3.05 Reuse of Documents A. Seller and its subcontractors and suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Procurement Drawings, Procurement Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Procurement Drawings, Procurement Specifications, other documents, or copies thereof, on extensions of the Project or any other project, without written consent of Buyer and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Procurement Contract Documents, reuse any such Procurement Contract Documents for any purpose without Buyer’s express written consent, or violate any copyrights pertaining to such Procurement Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Procurement Contract. Nothing herein precludes Seller from retaining copies of the Procurement Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND SCHEDULE 4.01 Commencement of Procurement Contract Times A. The Procurement Contract Times will commence to run on the Effective Date of the Procurement Contract. 4.02 Continuing Performance A. Seller shall adhere to the progress schedule established in accordance with Paragraph 2.04.A., as duly adjusted, and the Goods will be delivered and the Special Services furnished within the Procurement Contract Times. B. Seller shall carry on furnishing of the Goods and Special Services and adhere to the progress schedule during all disputes or disagreements with Buyer. No furnishing of Goods and Special Services will be delayed or postponed pending resolution of any disputes or disagreements, except as expressly permitted herein, or as Buyer and Seller may otherwise agree in writing. 4.03 Adjustments to Progress Schedule A. The progress schedule established in accordance with Paragraph 2.04 may be adjusted from time to time as provided below. 509 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 35 1.Seller shall submit to Buyer for acceptance (to the extent indicated in Paragraph 2.04) proposed adjustments in the progress schedule that will not result in changing the Procurement Contract Times. Such adjustments will comply with any applicable provisions of the Procurement Specifications. 2.Proposed adjustments in the progress schedule that will change the Procurement Contract Times must be submitted in accordance with the requirements of Article 11. Adjustments in Procurement Contract Times may only be made by a Change Order. 4.04 Delays A. If Buyer, Engineer, or anyone for whom Buyer is responsible, delays, disrupts, or interferes with Seller’s performance or progress, then Seller shall be entitled to an equitable adjustment in Procurement Contract Price or Procurement Contract Times. B. Seller shall not be entitled to an adjustment in Procurement Contract Price or Procurement Contract Times for delay, disruption, or interference caused by or within the control of Seller or anyone for whom Seller is responsible. C. If Seller’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Buyer, Seller, and those for which they are responsible, then Seller shall be entitled to an equitable adjustment in Procurement Contract Times. Such an adjustment will be Seller’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Procurement Contract Times under this paragraph include but are not limited to the following: 1.severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2.abnormal weather conditions; 3.inspection delays by governmental authorities, and custom delays; 4.international shipping delays; 5.acts or failures to act of third-party entities; and 6.acts of war or terrorism. D. Adjustments of Procurement Contract Times or Procurement Contract Price—General Provisions: Seller’s entitlement to an adjustment of Procurement Contract Times or Procurement Contract Price is limited as follows: 1.Seller’s entitlement to an adjustment of the Procurement Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of Seller’s obligations, as of the time of the delay, disruption, or interference. 2.Seller shall not be entitled to an adjustment in Procurement Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Seller. Such a concurrent delay by Seller does not preclude an adjustment of Procurement Contract Times to which Seller is otherwise entitled. 510 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 35 3. Adjustments of Procurement Contract Times or Procurement Contract Price are subject to the provisions of Articles 11 and 12. E. Each Seller request seeking a delay-related increase in Procurement Contract Times or Procurement Contract Price must be supplemented by supporting data that sets forth in detail the following: (1) the circumstances that form the basis for the requested adjustment; (2) the date upon which each cause of delay, disruption, or interference began to affect Seller’s progress; (3) the date upon which each cause of delay, disruption, or interference ceased to affect Seller’s progress; (4) the number of days’ increase in Procurement Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and (5) the impact on Procurement Contract Price. Seller shall also furnish such additional supporting documentation as Buyer or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion. ARTICLE 5—BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Seller shall furnish a performance bond and a payment bond, each in an amount at least equal to the Procurement Contract Price, as security for the faithful performance and payment of Seller’s obligations under the Procurement Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 9.04, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Procurement Contract. B. Seller shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Procurement Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Buyer prior to execution of the Procurement Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Seller shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Seller is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Seller shall promptly notify Buyer and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements of this Procurement Contract. 511 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 35 F. If Seller has failed to obtain a required bond, Buyer may exercise Buyer’s termination rights under Article 14. G. Upon request to Buyer from any subcontractor, supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of Seller’s obligations, Buyer shall provide a copy of the payment bond to such person or entity. H. Upon request to Seller from any subcontractor, supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of Seller’s obligations, Seller shall provide a copy of the payment bond to such person or entity. 5.02 Insurance A. Seller shall provide insurance of the types and coverages and in the amounts stipulated in the Supplementary Conditions. B. Failure of Buyer to demand certificates of insurance or other evidence of Seller's full compliance with these insurance requirements or failure of Buyer to identify a deficiency in compliance from the evidence provided will not be construed as a waiver of Seller’s obligation to maintain such insurance. C. Upon assignment of this Procurement Contract, Seller shall name the Contractor/Assignee as an additional insured and comply with the written request of Contractor/Assignee to provide evidence of insurance. D. Buyer does not represent that insurance coverage and limits established in this Procurement Contract necessarily will be adequate to protect Seller. E. The insurance and insurance limits required herein will not be deemed as a limitation on Seller’s liability under the indemnities and other rights granted to Buyer in the Procurement Contract. 5.03 Surety or Insurance Companies A. All bonds and insurance required by the Procurement Contract Documents to be purchased and maintained by Buyer or Seller shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies must also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. ARTICLE 6—LICENSES AND FEES 6.01 Intellectual Property and License Fees A. Except to the extent stated elsewhere in the Procurement Contract Documents, Seller is not transferring any patent rights, copyrights, or other intellectual property rights for the Goods delivered. B. To the extent Seller is manufacturing to Buyer’s design, Buyer retains all patent rights, copyrights, and other intellectual property rights in such design. C. If an invention, design, process, product, or device is specified in the Procurement Contract Documents for incorporation in the Goods or for the performance of Special Services, and if, to the actual knowledge of Buyer or Engineer, its use is subject to patent rights, copyrights, 512 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 35 or other intellectual property rights calling for the payment of a license fee or royalty to others, then the existence of such rights and payment obligations will be disclosed to Seller in the Procurement Contract Documents. D. Seller shall pay all license fees and royalties and assume all costs incident to the use or the furnishing of the Goods, unless specified otherwise by the Procurement Contract Documents. 6.02 Seller’s Infringement A. Subject to Paragraph 6.01, to the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, from and against all claims, costs, losses, damages, and judgments (including but not limited to all reasonable fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement or alleged infringement of any patent, copyright, or other intellectual property right by any of the Goods as delivered or Special Services as performed. B. Buyer will promptly notify Seller in writing of any claim, suit, or threat of suit by a third party for any infringement or alleged infringement of any patent, copyright, or other intellectual property right with respect to the Goods as delivered or Special Services as performed. C. Seller shall promptly defend or settle the claim or suit. Seller shall have control over such claim or suit, bear all expenses, and satisfy any adverse judgment. 1. If Seller fails to defend such suit or claim after written notice by Buyer, Seller will be bound, in any subsequent suit or claim against Seller by Buyer, by any factual determination in the prior suit or claim. 2. If Buyer fails to provide Seller the opportunity to defend such suit or claim, Buyer shall be barred from any remedy against Seller for such suit or claim. D. If a determination is made that Seller has infringed upon the intellectual property rights of another, Seller may, at Seller’s own expense, obtain the necessary licenses for Buyer’s benefit, or replace the Goods and provide related design and construction, consistent with the requirements of the Procurement Contract Documents, to avoid the infringement. 6.03 Buyer’s Infringement A. Subject to Paragraph 6.01, and to the fullest extent permitted by Laws and Regulations, Buyer shall be responsible to Seller for any infringement or alleged infringement of any patent, copyright, or other intellectual property right caused by Seller’s compliance with the Procurement Drawings or Procurement Specifications, and will reimburse Seller for any license fee or royalties paid by Seller to others if such payment resulted from any invention, design, process, product, or device specified to be furnished or performed in the Procurement Drawings or Procurement Specifications, but not identified as being subject to payment of such license fee or royalty. B. Seller will promptly notify Buyer in writing of any claim, suit, or threat of suit by a third party for intellectual property infringement arising from Seller’s compliance with the Procurement Drawings or Procurement Specifications. 513 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 35 C. Buyer shall defend or settle the claim or suit. Buyer shall have control over such claim or suit, bear all expenses, and satisfy any adverse judgment. 1. If Buyer fails to defend such suit or claim after written notice by Seller, Buyer will be bound, in any subsequent suit or claim against Buyer by Seller, by any factual determination in the prior suit or claim. 2. If Seller fails to provide Buyer the opportunity to defend such suit or claim, Seller shall be barred from any remedy against Buyer for such suit or claim. ARTICLE 7—SELLER’S RESPONSIBILITIES 7.01 Performance of Obligations A. Seller shall be solely responsible for the means, methods, techniques, sequences, and procedures necessary to perform its obligations in accordance with the Procurement Contract Documents. B. Seller shall supervise, inspect, and direct the furnishing of the Goods and Special Services competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform its obligations in accordance with the Procurement Contract Documents. C. Seller shall coordinate the provision of Special Services to avoid or limit interference or disruption of other activities at the location where the Special Services are to occur, including but not limited to ongoing facility operations and construction activities. 7.02 Labor, Materials and Equipment A. Seller shall provide competent, qualified and trained personnel in all aspects of its performance of the Procurement Contract. B. All Goods, and all equipment and material incorporated into the Goods, must be as specified, and unless specified otherwise in the Procurement Contract Documents, must be: 1. new, and of good quality; 2. protected, assembled, connected, cleaned, and conditioned in accordance with the original manufacturer’s instructions; and 3. shop-assembled to the greatest extent practicable. 7.03 Laws and Regulations A. Seller shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of its obligations in accordance with the Procurement Contract Documents. Except where otherwise expressly required by such Laws and Regulations, neither Buyer nor Engineer shall be responsible for monitoring Seller’s compliance with any Laws or Regulations. B. If Seller furnishes Goods and Special Services knowing or having reason to know that such furnishing is contrary to Laws or Regulations, Seller shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such performance. It will not be Seller’s responsibility to make certain 514 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 35 that the Procurement Specifications and Procurement Drawings are in accordance with Laws and Regulations, but this provision will not relieve Seller of Seller’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Procurement Contract if there were no Bids) that have a direct effect on the cost or time of Seller’s performance will be the subject of an adjustment in Procurement Contract Price or Procurement Contract Times. If Buyer and Seller are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Article 12. 7.04 “Or Equals” A. Whenever an item of material or equipment to be incorporated into the Goods is specified or described in the Procurement Contract Documents by using the names of one or more proprietary items or specific suppliers or manufacturers, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, other items of material or equipment or material or equipment of other suppliers or manufacturers may be submitted to Buyer for Engineer’s review. 1. If in Engineer’s sole discretion, such an item of material or equipment proposed by Seller is functionally equal to that named and sufficiently similar so that no change in related work will be required, it may be considered by Engineer as an “or equal” item. 2. For the purposes of this paragraph, a proposed item of material or equipment may be considered functionally equal to an item so named only if in the exercise of reasonable judgment, Engineer determines that: 1) it is at least equal in quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole; 3) it has an acceptable record of performance and availability of responsive service; and (4) Seller certifies that if approved: a) there will be no increase in any cost, including capital, installation or operating costs, to Buyer; and b) the proposed item will conform substantially to the detailed requirements of the item named in the Procurement Contract Documents. B. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or Submittal made pursuant to Paragraph 7.04.A. Engineer will be the sole judge of whether to accept or reject such a proposal or Submittal. No “or equal” will be ordered, manufactured or utilized until Engineer’s review is complete, which will be evidenced by an approved Shop Drawing. Engineer will advise Buyer and Seller in writing of any negative determination. Notwithstanding Engineer’s approval of an “or-equal” item, Seller shall remain obligated to comply with the requirements of the Procurement Contract Documents. C. Special Guarantee: Buyer may require Seller to furnish at Seller’s expense a special performance guarantee or other surety with respect to any such proposed “or-equal.” D. Data: Seller shall provide all data in support of any such proposed “or equal” at Seller’s expense. 515 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 35 7.05 Taxes A. Seller shall pay all taxes and duties arising out of the sale of the Goods and the performance of Special Services. All taxes and duties are included in the Procurement Contract Price, except as noted in the Supplementary Conditions. 7.06 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Seller shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Procurement Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; and 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of Seller’s obligations. c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Seller has satisfied its obligations under the Procurement Contract Documents with respect to Seller’s review of that Submittal, and that Seller approves the Submittal. 3. With each Shop Drawing or Sample, Seller shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Procurement Contract Documents. This notice will be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Seller shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Seller shall submit the number of copies required in the Procurement Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Seller proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.06.C. 2. Samples a. Seller shall submit the number of Samples required in the Procurement Specifications. 516 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 35 b.Seller shall clearly identify each Sample as to material, supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.06.C. 3.Where a Shop Drawing or Sample is required by the Procurement Contract Documents or the Schedule of Submittals, any related work performed by Seller prior to Engineer’s review and approval of the pertinent Submittal will be at the sole expense and responsibility of Seller. C. Engineer’s Review of Shop Drawings and Samples 1.Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Goods, comply with the requirements of the Procurement Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Procurement Contract Documents. 2.Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, manufacturing, fabrication, installation, or shipping, or to safety precautions or programs incident thereto. 3.Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4.Engineer’s review and approval of a Shop Drawing or Sample will not relieve Seller from responsibility for any variation from the requirements of the Procurement Contract Documents unless Seller has complied with the requirements of Paragraph 7.06.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Procurement Contract Documents in a Field Order or other appropriate Procurement Contract modification. 5.Engineer’s review and approval of a Shop Drawing or Sample will not relieve Seller from responsibility for complying with the requirements of Paragraphs 7.06.A and B. 6.Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Procurement Contract Documents, will not, under any circumstances, change the Procurement Contract Times or Procurement Contract Price, unless such changes are included in a Change Order. 7.Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing or Sample will result in such item becoming a Procurement Contract Document. 8.Seller shall furnish Goods that comply with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.06.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1.Seller shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review 517 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 35 and approval. Seller shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Seller shall furnish required Shop Drawing and Sample Submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Seller shall be responsible for Engineer’s charges to Buyer for such time. Buyer may impose a set-off against payments due Seller to secure reimbursement for such charges. 3. If Seller requests a change of a previously approved Shop Drawing or Sample, Seller shall be responsible for Engineer’s charges to Buyer for its review time, and Buyer may impose a set-off against payments due Seller to secure reimbursement for such charges, unless the need for such change is beyond the control of Seller. E. Submittals Other than Shop Drawings and Samples 1. The following provisions apply to all Submittals other than Shop Drawings and Samples: a. Seller shall submit all such Submittals to the Engineer in accordance with the schedule of Submittals and pursuant to the applicable terms of the Procurement Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the schedule of Submittals will be deemed accepted. c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Procurement Contract Documents as to general form and content of the Submittal. d. If any such Submittal is not accepted, Seller shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.04 and 2.05. 7.07 Indemnification A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, Project Owner, and any assignee of Buyer, including Contractor/Assignee, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of Seller's obligations under the Procurement Contract, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Goods themselves), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Seller, or any individual or entity directly or indirectly employed by Seller or anyone for whose acts Seller may be liable. 518 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 35 B. In any and all claims against Buyer, Engineer, Project Owner, or any assignee of Buyer, including Contractor/Assignee, or their officers, directors, members, partners, employees, agents, consultants, contractors, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Seller, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to furnish any of the Goods and Special Services, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.07.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Seller or any such subcontractor, supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.08 Concerning Subcontractors and Suppliers A. Seller may retain subcontractors and suppliers for the performance of parts of the furnishing of the Goods and Special Services. The Seller’s retention of a subcontractor or supplier will not relieve Seller’s obligation to Buyer to perform and complete the furnishing the Goods and Special Services in accordance with the Procurement Contract Documents. ARTICLE 8—SHIPPING AND DELIVERY 8.01 Shipping A. Seller shall select the carrier and bear all costs of packaging, transportation, insurance, special handling, and all other costs associated with shipment and delivery. 8.02 Delivery A. Seller shall deliver the Goods free on board (FOB) to the Point of Destination, freight prepaid, in accordance with the Procurement Contract Times set forth in the Procurement Agreement, or other date agreed to by Buyer and Seller. B. At least 10 days before shipment, Seller shall provide written notice to Buyer of the manner of shipment and the anticipated delivery date. The notice must also include any instructions concerning special equipment or services required at the Point of Destination to unload and care for the Goods. Seller shall also require the carrier to give Buyer at least 24 hours’ notice by telephone prior to the anticipated time of delivery. C. Buyer will be responsible and bear all costs for unloading the Goods from carrier. D. Buyer will assure that adequate facilities are available to receive delivery of the Goods at the time established for delivery, or on another date agreed to by Buyer and Seller. E. No partial deliveries will be allowed, unless permitted or required by the Procurement Contract Documents or agreed to in writing by Buyer. F. Provisions governing inspection on delivery are set forth in Paragraph 9.02. 8.03 Risk of Loss A. Risk of loss and insurable interests transfer from Seller to Buyer upon Buyer’s receipt of the Goods. B. Notwithstanding the provisions of Paragraph 8.03.A, if Buyer rejects the Goods as non- conforming, the risk of loss on such Goods will remain with Seller until Seller corrects the non-conformity or Buyer accepts the Goods. If rejected Goods remain at the Point of 519 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 35 Destination pending modification and acceptance, then Seller shall be responsible for arranging adequate protection and maintenance of the Goods at Seller's expense. ARTICLE 9—BUYER’S RIGHTS 9.01 Seller’s Warranties and Guarantees A. Seller warrants and guarantees to Buyer that the title to the Goods conveyed will be proper, its transfer rightful, and free from any security interest, lien, or other encumbrance. Seller shall defend, indemnify, and hold Buyer harmless against any liens, claims, or demands contesting or affecting title of the Goods conveyed. B. Seller warrants and guarantees to Buyer that all Goods and Special Services will conform with the Procurement Contract Documents, and with the standards established by any Samples approved by Engineer. Engineer shall be entitled to rely on Seller’s warranty and guarantee. If the Procurement Contract Documents do not otherwise specify the characteristics or the quality of the Goods, the Goods must comply with the requirements of Paragraph 7.02.B. C. Seller’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, improper modification, improper maintenance, or improper operation by persons other than Seller; 2. excessive corrosion or chemical attack, unless corrosive or chemically-damaging conditions were disclosed by Buyer in the Procurement Contract Documents and the Procurement Contract Documents required the Goods to withstand such conditions; 3. use in a manner contrary to Seller's written instructions for installation, operation, and maintenance; or 4. normal wear and tear under normal usage. D. Seller's obligation to furnish the Goods and Special Services in accordance with the Procurement Contract Documents will be absolute. None of the following will constitute an acceptance of Goods and Special Services that are non-conforming, or a release of Seller’s obligation to furnish the Goods and Special Services in accordance with the Procurement Contract Documents: 1. observations by Buyer, Engineer, or Project Owner; 2. recommendation by Engineer or payment by Buyer of any progress or final payment; 3. use of the Goods by Buyer or Project Owner; 4. any acceptance by Buyer, Engineer, or Project Owner, or any failure to do so; 5. the end of the correction period established in Paragraph 9.04; 6. the issuance of a notice of acceptance; 7. any inspection, test or approval by others; or 8. any correction of non-conforming Goods and Special Services by Buyer or Project Owner. E. Buyer shall promptly notify Seller of any breach of Seller’s warranties or guarantees. 520 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 35 9.02 Inspections and Testing A. General Provisions 1. The Procurement Contract Documents specify required inspections and tests. Buyer shall have the right to perform, or cause to be performed, reasonable inspections and require reasonable tests of the Goods at Seller’s facility, and at the Point of Destination. Seller shall allow Buyer a reasonable time to perform such inspections or tests. 2. Seller shall reimburse Buyer for all expenses, except for travel, lodging, and subsistence expenses of Buyer’s and Engineer's representatives, for inspections and tests specified in the Procurement Contract Documents. If as the result of any such specified testing the Goods are determined to be non-conforming, then Seller shall also bear the travel, lodging, and subsistence expenses of Buyer’s and Engineer's representatives, and all expenses of re-inspection or retesting. 3. Buyer shall bear all expenses of inspections and tests that are not specified in the Procurement Contract Documents (other than any re-inspection or retesting resulting from a determination of non-conformity, as set forth in Paragraph 9.03); provided, however, that if as the result of any such non-specified inspections or testing the Goods are determined to be non-conforming, then Seller shall bear all expenses of such inspections and testing, and of any necessary re-inspection and retesting. 4. Seller shall provide Buyer timely written notice of the readiness of the Goods for all inspections, tests, or approvals which the Procurement Contract Documents specify are to be observed by Buyer prior to shipment. 5. Buyer will give Seller timely notice of all specified tests, inspections, and approvals of the Goods which are to be conducted at the Point of Destination, and a representative of Seller will attend such tests, inspections, and approvals. 6. If, on the basis of inspections or testing, the Goods appear to be conforming, Buyer will give Seller prompt notice thereof. If on the basis of inspections or testing, the Goods appear to be non-conforming, Buyer will give Seller prompt notice thereof and will advise Seller of the remedy Buyer elects under the provisions of Paragraph 9.03. 7. Neither payments made by Buyer to Seller prior to any tests or inspections, nor any tests or inspections, will constitute acceptance of non-conforming Goods, or prejudice Buyer’s rights under the Procurement Contract. B. Visual Inspection on Delivery 1. Buyer will visually inspect the Goods upon delivery solely for purposes of identifying the Goods, general verification of quantities, and observation of apparent condition. Such visual inspection will not be construed as final or as receipt of any Goods and Special Services that, as a result of subsequent inspections and tests, are determined to be non- conforming. 2. If, on the basis of the visual inspection specified in Paragraph 9.02.B.1, the Goods appear to comply with the requirements of the Procurement Contract Documents as to quantities and condition, then within 10 days of delivery Buyer shall issue to Seller Buyer’s acknowledgment of the receipt of Goods. 521 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 35 C. Final Inspection 1. After all of the Goods have been incorporated into the Project, tested in accordance with such testing requirements as are specified, and are functioning as required, and Seller has performed and completed all Special Services, Buyer will make a final inspection. 2. If, on the basis of the final inspection, Buyer determines that the Goods and Special Services are conforming, Buyer’s notice thereof will constitute Buyer’s acceptance of the Goods and Special Services, subject to any limitations stated in the notice. 3. If, on the basis of the final inspection, the Goods and Special Services are non- conforming, Buyer will identify the non-conformity in writing. 9.03 Non-Conforming Goods and Special Services A. If, on the basis of inspections and testing prior to delivery, the Goods and Special Services are found to be non-conforming, or if at any time after Buyer has acknowledged receipt of delivery and before the expiration of the correction period described in Paragraph 9.04, Buyer determines that the Goods and Special Services are non-conforming, then Seller shall promptly, without cost to Buyer and in response to written instructions from Buyer, either correct such non-conforming Goods and Special Services, or, if Goods are rejected by Buyer, remove and replace the non-conforming Goods with conforming Goods, including all work required for reinstallation. B. Buyer’s Rejection of Non-Conforming Goods 1. If Buyer elects to reject the Goods in whole or in part, Buyer’s notice to Seller will describe in sufficient detail the non-conforming aspect of the Goods. If Goods have been delivered to Buyer, Seller shall promptly, and within the Procurement Contract Times, remove and replace the rejected Goods. 2. Seller shall bear all costs, losses and damages attributable to the removal, replacement, reinspection, and retesting of the non-conforming Goods. 3. Upon rejection of the Goods, Buyer retains a security interest in the Goods to the extent of any payments made and expenses incurred in their testing and inspection. C. Buyer’s Rejection of Non-Conforming Special Services 1. If at any time Buyer elects to reject the Special Services in whole or in part, Buyer’s notice to Seller will describe in sufficient detail the non-conforming aspect of the Special Services. 2. Seller shall promptly provide conforming Special Services acceptable to Buyer. 3. If Seller fails to provide conforming Special Services, Buyer may remove the Special Services from the scope of the Procurement Contract, and equitably reduce the Procurement Contract Price. D. Remedying Non-Conforming Goods: If Buyer elects to permit the Seller to modify the Goods to correct the non-conformance, then Seller shall promptly provide a schedule for such modifications and shall make the Goods conforming within a reasonable time. E. Buyer’s Acceptance of Non-Conforming Goods: Instead of requiring correction or removal and replacement of non-conforming Goods discovered either before or after final payment, 522 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 35 Buyer may accept the non-conforming Goods. Seller shall bear all reasonable costs, losses, and damages attributable to Buyer’s evaluation of and determination to accept such non- conforming Goods. F. Seller Obligations: Seller shall pay all claims, costs, losses, and damages, including but not limited to all fees and charges for re-inspection, retesting and for any engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs arising out of or relating to the non-conforming Goods and Special Services. Seller's obligations will include the costs of the correction or removal and replacement of the non- conforming Goods and the replacement of property of Buyer and others destroyed by the correction or removal and replacement of the non-conforming Goods, and obtaining conforming Special Services from others. G. Buyer's Rejection of Conforming Goods: If Buyer asserts that Goods and Special Services are non-conforming and such Goods and Special Services are determined to be conforming, or if Buyer rejects as non-conforming Goods and Special Services that are later determined to be conforming, then Seller shall be entitled to reimbursement from Buyer of costs incurred by Seller in inspecting, testing, correcting, removing, or replacing the conforming Goods and Special Services, including but not limited to fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs associated with the incorrect assertion of non-conformance or rejection of conforming Goods and Special Services. 9.04 Correction Period A. Seller’s responsibility for correcting all non-conformities in the Goods and Special Services will extend for a period of one year after the acceptance of the Goods and Special Services in accordance with Paragraph 9.02.C.2. B. Where non-conforming Goods and Services (and damage to other work resulting therefrom) have been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Goods and Services will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. C. Seller’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph may not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 10—ENGINEER’S STATUS 10.01 Engineer’s Role Defined A. Engineer will be Buyer’s representative until assignment (if any) of the Procurement Contract. B. The duties and responsibilities and the limitations of authority of Engineer prior to assignment, if any, of the Procurement Contract, are set forth in the Procurement Contract Documents. C. Engineer’s responsibilities, if any, after an assignment (if any) of the Procurement Contract, are set forth in the Procurement Agreement. 523 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 35 10.02 Duties and Responsibilities; Authority; Limitations A. As set forth in Article 3, Engineer will be the initial interpreter of the Procurement Contract Documents and judge of the acceptability of the Goods and Special Services, and will issue clarifications, interpretations, and decisions regarding such issues. B. Acting on behalf of Buyer under the provisions of Article 9, Engineer has the authority to disapprove or reject Goods and Special Services that Engineer believes to be non-conforming. Engineer also has the authority to require special inspection or testing of the Goods or Special Services as provided in Paragraph 9.02, whether or not the Goods are fabricated or installed, or the Special Services are completed. C. Engineer may authorize minor deviations or variations in the Procurement Contract Documents by: 1) written approval of specific variations set forth in Shop Drawings when Seller has duly noted such variations as required in Paragraph 7.06.A.3, or 2) a Field Order. D. As set forth in Article 12, Engineer will review Claims, and render decisions on Claims. E. In rendering any interpretations, clarifications, reviews, decisions, disapprovals, acceptances, rejections, authorizations, and judgments, Engineer will not show partiality to Buyer or Seller. Engineer will not be liable to Buyer, Seller, or others in connection with any interpretations, clarifications, reviews, decisions, disapprovals, acceptances, rejections, authorizations, or judgments conducted or rendered by Engineer in good faith. F. Engineer will not supervise, direct, control, or have authority over or be responsible for the means, methods, techniques, sequences, or procedures used by Seller to perform its obligations under this Procurement Contract, or the safety precautions and programs incident thereto, or for any failure of Seller to comply with Laws and Regulations applicable to the performance of its obligations. Engineer will not be responsible for Seller’s failure to furnish the Goods and Special Services in accordance with the Procurement Contract Documents. ARTICLE 11—CHANGES 11.01 Amending and Supplementing the Procurement Contract A. The Procurement Contract may be amended or supplemented by a Change Order, a Change Directive, or a Field Order. B. If an amendment or supplement to the Procurement Contract includes a change in the Procurement Contract Price or the Procurement Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Procurement Contract that involve (1) the conformance or acceptability of the Goods and Special Services, (2) the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Buyer and Seller may amend other terms and conditions of the Procurement Contract without the recommendation of the Engineer. 524 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 35 11.02 Change Orders A. Buyer and Seller shall execute appropriate Change Orders covering: 1. Changes in Procurement Contract Price or Procurement Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Goods and Special Services furnished in accordance with a Change Directive; 2. Changes in Procurement Contract Price resulting from a Buyer set-off, unless Seller has duly contested such set-off; 3. Changes in the Goods and Special Services which are: (a) ordered by Buyer pursuant to Paragraph 11.05, (b) required because of Buyer’s acceptance of non-conforming Goods and Services under Paragraph 9.03 or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Goods and Special Services involves the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Change Directive; Article 12, Claims; and similar provisions. B. If Buyer or Seller refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Change Directives A. A Change Directive will not change the Procurement Contract Price or the Procurement Contract Times but is evidence that the parties expect that the modification ordered or documented by a Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Change Directive’s effect, if any, on the Procurement Contract Price and Procurement Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Procurement Contract Documents governing adjustments, expressly including Paragraph 11.08 regarding change of Procurement Contract Price. B. If Buyer has issued a Change Directive and Buyer or Seller believes that an adjustment in Procurement Contract Times or Procurement Contract Price is necessary, then such party shall submit a Claim seeking such an adjustment no later than 30 days after the completion of the Goods and Services set out in the Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Goods and Services if the changes do not involve an adjustment in the Procurement Contract Price or the Procurement Contract Times and are compatible with the design concept as indicated by the Procurement Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Buyer and also on Seller, which shall perform the Goods and Special Services involved promptly. B. If Seller believes that a Field Order justifies an adjustment in the Procurement Contract Price or Procurement Contract Times, then before proceeding with the Goods and Special Services at issue, Seller shall submit a Claim as provided herein. 525 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 35 11.05 Buyer-Authorized Changes in the Goods and Special Services A. Without invalidating the Procurement Contract and without notice to any surety, Buyer may, at any time or from time to time, order additions, deletions, or revisions in the Goods and Special Services. Changes involving the design (as set forth in the Procurement Drawings, Procurement Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Goods and Special Services may be accomplished by a Change Order, if Buyer and Seller have agreed as to the effect, if any, of the changes on Procurement Contract Times or Procurement Contract Price; or by a Change Directive. Upon receipt of any such document, Seller shall promptly proceed with the Goods and Special Services involved; or, in the case of a deletion in the Goods and Special Services, promptly cease activities with respect to such deletion. Added or revised Goods and Special Services must be performed under the applicable conditions of the Procurement Contract Documents. 11.06 Buyer’s Contingency Allowance A. The Buyer’s Contingency Allowance, if any such is set forth in the Procurement Agreement, is for the sole use of Buyer to cover unanticipated costs. B. If Buyer exercises its unilateral right to use all or a portion of the Buyer’s Contingency Allowance, Buyer will issue a written directive that documents the costs to which the allowance is applied, Seller’s entitlement to compensation, and the consequent reduction in such allowance. C. Prior to final payment, the Total Price, as set forth in the Procurement Agreement, will be duly adjusted to account for any unused portion of the Buyer’s Contingency Allowance. D. The Procurement Agreement, Article 5, addresses the impact on Buyer’s Contingency Allowance of an assignment of the Procurement Contract. 11.07 Unauthorized Changes in the Goods and Special Services A. Seller shall not be entitled to an increase in the Procurement Contract Price or an extension of the Procurement Contract Times with respect to any work performed that is not required by the Procurement Contract Documents, as amended, modified, or supplemented. 11.08 Change of Procurement Contract Price A. The Procurement Contract Price may only be changed by a Change Order. Any Claim for an adjustment of Procurement Contract Price must comply with the provisions of Article 12. B. An adjustment in the Procurement Contract Price will be determined as follows: 1. For changes in Unit Price Goods and Special Services, by application of the unit prices to the quantities of the items involved; 2. To the extent the cost of the change is not covered by unit prices, then by a mutually agreed lump sum; or 3. To the extent the cost of the change is not covered by unit prices and the parties do not reach mutual agreement to a lump sum, then on the basis of documented costs plus a Seller’s fee for overhead and profit of 15%. 526 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 35 11.09 Change of Procurement Contract Times A. The Procurement Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Procurement Contract Times must comply with the provisions of Article 12. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Goods and Special Services or the provisions of the Procurement Contract (including, but not limited to, Procurement Contract Price or Procurement Contract Times), the giving of any such notice will be Seller’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS, DISPUTES, AND DISPUTE RESOLUTION 12.01 Claims A. The parties agree to endeavor to avoid or resolve Claims through direct, good faith discussions and negotiations whenever practicable. Such discussions and negotiations should at the outset address whether the parties mutually agree to suspend the Claims process, including the time periods established in this Paragraph 12.01; if so, a written record of such mutual agreement should be made and jointly executed. B. Claimant shall deliver to Engineer and the other party to the Procurement Contract written notice of each Claim within 15 days after the occurrence of the event giving rise to the Claim. C. Claimant shall deliver written supporting data to Engineer and the other party within 45 days after such occurrence unless Engineer allows an additional period of time. D. Engineer will review each such Claim and render a decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. E. If Engineer does not render a formal written decision on a Claim within the time stated in Paragraph 12.01.D., Engineer shall be deemed to have issued a decision denying the Claim in its entirety 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. F. The rendering of a decision by Engineer pursuant to this Paragraph 12.01 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment) will be a condition precedent to any exercise by Buyer or Seller of such rights or remedies as either may otherwise have under the Procurement Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. If the exercise of such rights or remedies will imminently be time-barred, a party may take actions necessary to preserve such rights and remedies notwithstanding the lack of the condition precedent referred to in this paragraph. G. If a submitted matter in question concerns terms and conditions of the Procurement Contract Documents that do not involve (1) the performance or acceptability of Goods and Special Services under the Procurement Contract Documents, (2) the design (as set forth in the Procurement Drawings, Procurement Specifications, Addenda, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Buyer and Seller that Engineer is unable to provide a decision or interpretation. If Buyer and Seller 527 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 35 are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Paragraph 12.02. H. Engineer’s written decision on such Claim or a decision denying the Claim in its entirety that is deemed to have been issued pursuant to Paragraph 12.01, will be final and binding upon Buyer and Seller 30 days after it is issued unless within 30 days of issuance Buyer or Seller appeals Engineer’s decision by initiating the mediation of such Claim in accordance with the dispute resolution procedures set forth in Paragraph 12.02. I. If Article 12 has been amended to delete the mediation requirement, then Buyer or Seller may appeal Engineer's decision within 30 days of issuance by following the alternative dispute resolution process set forth in Article 12, as amended; or if no such alternative dispute resolution process has been set forth, Buyer or Seller may appeal Engineer's decision by 1) delivering to the other party within 30 days of the date of such decision a written notice of intent to submit the Claim to a court of competent jurisdiction, and 2) within 60 days after the date of such decision instituting a formal proceeding in a court of competent jurisdiction. J. No Claim for an adjustment in Procurement Contract Price or Procurement Contract Times will be valid if not submitted in accordance with Article 12. K. The effect on Claims of an assignment of the Procurement Contract by Buyer to a Contractor/Assignee is addressed in the Procurement Agreement, Article 5. 12.02 Dispute Resolution Method A. Either Buyer or Seller may initiate the mediation of (1) any Claim decided in writing by Engineer under Paragraph 12.01 before such decision becomes final and binding, or (2) any other dispute between the parties, including but not limited to any dispute arising after final inspection of the Goods and Services. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Procurement Contract. The request for mediation must be submitted in writing to the American Arbitration Association and the other party to the Procurement Contract. Timely submission of the request will stay Engineer's decision from becoming final and binding. B. Mediation is a condition precedent to seeking final dispute resolution under Paragraph 12.01.C. Buyer and Seller shall participate in the mediation process in good faith. The process must be concluded within 60 days of filing of the request. The date of termination of the mediation will be determined by application of the mediation rules referenced above. C. If the mediation process does not result in resolution of the dispute, then Engineer’s written Claim decision under Paragraph 12.01.D or a Claim denial pursuant to Paragraph 12.01.E becomes final and binding, or if applicable such other dispute is deemed resolved in favor of respondent, unless, within 30 days after termination of the mediation, Buyer or Seller: 1. elects in writing to invoke any final dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim or dispute to another final dispute resolution process, or 3. if no final dispute resolution process has been provided for in the Supplementary Conditions, delivers to the other party written notice of the intent to submit the Claim 528 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 35 or dispute to a court of competent jurisdiction, and within 60 days of the termination of the mediation institutes such formal proceeding. ARTICLE 13—PAYMENT 13.01 Applications for Progress Payments A. Seller shall submit to Buyer for Engineer’s review Applications for Payment filled out and signed by Seller and accompanied by such supporting documentation as is required by the Procurement Contract Documents and also as Buyer or Engineer may reasonably require. B. The timing and amounts of progress payments will be as stipulated in the Procurement Agreement. C. Any Application for Payment that is based in whole or in part on the delivery of Goods must be accompanied by a bill of sale, invoice, or other documentation reasonably satisfactory to Buyer warranting that Buyer has rightfully received good title to the Goods from Seller and that, upon payment, the Goods will be free and clear of all liens. Such documentation will include releases and waivers from all parties with viable lien rights. D. Buyer shall notify Seller promptly of any deficiency in the required documentation. 13.02 Review of Applications for Progress Payments A. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Buyer, or return the Application to Seller indicating in writing Engineer’s reasons for refusing to recommend payment. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Buyer, based on Engineer’s observations of Seller’s progress, as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Goods and Special Services or other obligations of Seller have progressed to the point indicated; b. the quality of the Goods and Special Services or other obligations of Seller are generally in accordance with the Procurement Contract Documents; and c. the conditions precedent to Seller being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Seller’s progress. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Goods and Special Services or other obligations of Seller have been exhaustive, extended to every aspect of the Goods and Special Services or other obligations of Seller in progress, or involved detailed inspections of the Goods and Special Services or other 529 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 35 obligations of Seller beyond the responsibilities specifically assigned to Engineer in the Procurement Contract; or b. there may not be other matters or issues between the parties that might entitle Seller to be paid additionally by Buyer, or entitle Buyer to withhold payment to Seller. 4. Neither Engineer’s review of Seller’s progress for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Seller’s performance or furnishing of Goods and Special Services or other obligations of Seller; or b. for the means, methods, techniques, sequences, or procedures of construction, manufacturing, fabrication, installation, or shipping, or the safety precautions and programs incident thereto; or c. for Seller’s failure to comply with Laws and Regulations applicable to Seller’s performance under the Procurement Contract; or d. to make any examination to ascertain how or for what purposes Seller has used the money paid for the Procurement Contract Price; or e. to determine that title to any of the Goods or component parts have passed to Buyer free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Buyer stated in Paragraph 13.02.A.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Buyer from loss because: a. the Goods and Services are non-conforming, requiring correction or replacement; b. the Procurement Contract Price has been reduced by Change Orders; c. Buyer has been required to correct non-conforming Goods and Special Services in accordance with Paragraph 9.03.C, or has accepted non-conforming Goods and Special Services pursuant to Paragraph 9.03.E; or d. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Seller and therefore justify termination for cause under the Procurement Contract Documents. 13.03 Basis and Amount of Progress Payments A. The basis and amounts of the progress payments will be as provided in the Procurement Agreement, subject to the provisions of this Article 13 regarding reductions in payment. 13.04 Suspension of or Reduction in Payment A. Buyer may temporarily cease making progress payments, or reduce the amount of a progress payment, even though recommended for payment by Engineer, under the following circumstances: 530 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 35 1. Buyer has reasonable grounds to conclude that Seller will not furnish the Goods or the Special Services in accordance with the Procurement Contract Documents, and 2. Buyer has requested in writing assurances from Seller that the Goods and Special Services will be delivered or furnished in accordance with the Procurement Contract Documents, and Seller has failed to provide adequate assurances within ten days of Buyer’s written request. 3. In addition to any reductions in payment (set-offs) recommended by Engineer, Buyer is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Buyer based on Seller’s conduct in the performance or furnishing of the Goods and Special Services, or has incurred costs, losses, or damages resulting from Seller’s conduct in the performance or furnishing of the Goods and Special Services, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Seller has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Point of Destination or the worksite; c. Seller has failed to provide and maintain required bonds or insurance; d. Buyer has incurred extra charges or engineering costs related to Submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; e. the Goods and Special Services are non-conforming, requiring correction or replacement; f. Buyer has been required to correct non-conforming Goods and Special Services, in accordance with Paragraph 9.03.C, or has accepted non-conforming Goods and Special Services pursuant to Paragraph 9.03.E; g. the Procurement Contract Price has been reduced by Change Orders; h. an event that would constitute a default by Seller and therefore justify a termination for cause has occurred; i. liquidated or other damages have accrued as a result of Seller’s failure to achieve Milestones, Substantial Completion, or final completion of the Goods and Special Services; or j. liens have been filed in connection with the Procurement Contract, except where Seller has delivered a specific bond satisfactory to Buyer to secure the satisfaction and discharge of such liens. B. If Buyer refuses to make payment of the full amount recommended by Engineer, Buyer will provide Seller and Engineer immediate written notice stating the reason for such action and promptly pay Seller any amount remaining after deduction of the amount withheld. Buyer shall promptly pay Seller the amount withheld when Seller corrects the reason for such action to Buyer’s satisfaction. 531 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 35 13.05 Final Payment A. After Seller has corrected all non-conformities to the reasonable satisfaction of Buyer and Engineer and furnished all Special Services, Seller may submit its final Application for Payment following the procedures for progress payments. B. The final Application for Payment will be accompanied by all documentation called for in the Procurement Contract Documents (including but not limited to all final operations and maintenance manuals, and any special warranties), a list of all unsettled Claims, and the written consent of surety to the making of final payment. C. If, on the basis of final inspection and the review of the final Application for Payment and accompanying documentation, Engineer is reasonably satisfied that Seller has furnished the Goods and Special Services in accordance with the Procurement Contract Documents, and that Seller has fulfilled all other obligations under the Procurement Contract Documents, then Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment subject to the provisions of Paragraph 13.02, and present the final Application for Payment to Buyer. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Buyer from loss for the reasons stated in Paragraph 13.02. D. If Engineer does not recommend final payment, Engineer will return the final Application for Payment to Seller, indicating the reasons for refusing to recommend final payment, in which case Seller shall make the necessary corrections and resubmit the final Application for Payment. E. In support of its recommendation of final payment Engineer will also give written notice to Buyer and Seller that the Goods and Special Services are acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 13.06. F. If the final Application for Payment and accompanying documentation are appropriate as to form and substance, Buyer shall, within 30 days after receipt thereof, pay Seller the amount recommended by Engineer, less any sum Buyer is entitled to set off against Engineer's recommendation, pursuant to the provisions of Paragraph 13.04. G. Buyer will not make final payment, or return or release included retainage (if any) at any time, unless Seller submits written consent of the surety to such payment, return, or release. 13.06 Waiver of Claims A. By making final payment, Buyer waives its claim or right to liquidated damages or other damages for late completion by Seller, except as set forth in an outstanding Claim, appeal, set-off, or express reservation of rights by Buyer. Buyer reserves all other claims or rights after final payment. B. The acceptance of final payment by Seller will constitute a waiver by Seller of all claims and rights against Buyer other than those pending matters that have been duly submitted or appealed under the provisions of Article 12. 532 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 35 ARTICLE 14—CANCELLATION, SUSPENSION, AND TERMINATION 14.01 Cancellation A. Buyer has the right to cancel the Procurement Contract, without cause, at any time prior to delivery of the Goods by written notice. Cancellation pursuant to the terms of this paragraph will not constitute a breach of contract by Buyer. Upon cancellation: 1. Buyer shall pay Seller for the direct costs incurred in producing any Goods that Seller has specially manufactured for the Project, plus a fair and reasonable amount for overhead and profit. 2. For Goods that are not specially manufactured for the Project, Seller shall be entitled to a restocking charge of 10 percent of the unpaid Procurement Contract Price of such Goods. 14.02 Suspension of Performance by Buyer A. Buyer has the right to suspend performance of the Procurement Contract for up to 90 days, without cause, by written notice. Upon suspension under this paragraph, Seller shall be entitled to an increase in the Procurement Contract Times and Procurement Contract Price caused by the suspension, provided that performance would not have been suspended or delayed for causes attributable to Seller. 14.03 Suspension of Performance by Seller A. Seller may suspend the furnishing of the Goods and Special Services only under the following circumstance: 1. Seller has reasonable grounds to conclude that Buyer will not perform its future payment obligations under the Procurement Contract; and 2. Seller has requested in writing assurances from Buyer that future payments will be made in accordance with the Procurement Contract, and Buyer has failed to provide such assurances within ten days of Seller’s written request. 14.04 Breach and Termination A. Buyer’s Breach 1. Seller shall have the right to terminate the Procurement Contract for cause by declaring a breach if Buyer fails to comply with any material provision of the Procurement Contract. Upon termination, Seller shall be entitled to all remedies provided by Laws and Regulations. 2. If Seller believes Buyer is in breach of its obligations under the Procurement Contract, Seller shall provide Buyer with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Buyer shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Seller may grant in writing) within which to cure or to proceed diligently to cure such alleged breach. B. Seller’s Breach 1. Buyer may terminate Seller’s right to perform the Procurement Contract for cause by declaring a breach should Seller fail to comply with any material provision of the 533 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 35 Procurement Contract Documents. Upon termination, Buyer shall be entitled to all remedies provided by Laws and Regulations. 2. In the event Buyer believes Seller is in breach of its obligations under the Procurement Contract, Buyer shall provide Seller with reasonably prompt written notice setting forth in sufficient detail the reasons for declaring that it believes a breach has occurred. Seller shall have 7 days from receipt of the written notice declaring the breach (or such longer period of time as Buyer may grant in writing) within which to cure or to proceed diligently to cure such alleged breach. 3. If and to the extent that Seller has provided a performance bond under the provisions of Paragraph 5.01, the notice and cure procedures of that bond, if any, will supersede the notice and cure procedures of Paragraph 14.04.B.2. ARTICLE 15—MISCELLANEOUS 15.01 Giving Notice A. Whenever any provision of the Procurement Contract requires the giving of written notice to Buyer, Seller, or Engineer, it will be deemed to have been validly given if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 15.02 Controlling Law A. This Procurement Contract is to be governed by the law of the state in which the Goods are to be installed. B. In the case of any conflict between the express terms of this Procurement Contract and the Uniform Commercial Code, as adopted in the state whose law governs, it is the intent of the parties that the express terms of this Procurement Contract will apply. 15.03 Computation of Time A. When any period of time is referred to in the Procurement Contract by number of days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 15.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Procurement Contract, and the provisions of this paragraph will be as effective as if repeated specifically in the Procurement Contract in connection with each particular duty, obligation, right, and remedy to which they apply. 534 EJCDC® P-700, Standard General Conditions of the Procurement Contract. Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 35 15.05 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Procurement Contract, as well as all continuing obligations indicated in the Procurement Contract, will survive final payment, completion, and acceptance of the Goods and Special Services or termination or completion of the Procurement Contract or of the services of Seller. 15.06 Entire Agreement A. Buyer and Seller agree that this Procurement Contract is the complete and final agreement between them, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Procurement Contract may not be altered, modified, or amended except in writing signed by an authorized representative of both parties. 15.07 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Procurement Contract. 15.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 15.09 Successors and Assigns A. Buyer and Seller each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Procurement Contract. 535 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 1 SUPPLEMENTARY CONDITIONS OF THE PROCUREMENT CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ........................................................................................................................... 1 Article 2— Preliminary Matters .......................................................................................................................................... 1 Article 3— Procurement Contract Documents ................................................................................................................... 1 Article 4— Commencement and Progress of Work ........................................................................................................... 1 Article 5— Bonds and Insurance......................................................................................................................................... 1 Article 6— Licenses and Fees ............................................................................................................................................. 3 Article 7— Seller’s Responsibilities ................................................................................................................................... 3 Article 8— Shipping and Delivery ...................................................................................................................................... 4 Article 9— Buyer’s Rights................................................................................................................................................... 4 Article 10— Engineer’s Status ............................................................................................................................................ 4 Article 11— Changes ........................................................................................................................................................... 4 Article 12— Claims, Disputes, and Dispute Resolution .................................................................................................... 5 Article 13— Payment ........................................................................................................................................................... 5 Article 14— Cancellation, Suspension, and Termination.................................................................................................. 5 Article 15— Miscellaneous.................................................................................................................................................. 5 536 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 1 SUPPLEMENTARY CONDITIONS OF THE PROCUREMENT CONTRACT These Supplementary Conditions amend or supplement EJCDC® P-700, Standard General Conditions of the Procurement Contract (2019). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1—DEFINITIONS AND TERMINOLOGY No suggested Supplementary Conditions in this Article. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents SC-2.01 Amend the first sentence of Paragraph 2.02.A. to read as follows: Buyer shall furnish to Seller 3 printed copies of the Procurement Contract Documents (including one fully signed counterpart of the Procurement Agreement), and one copy in electronic portable document format (PDF). ARTICLE 3—PROCUREMENT CONTRACT DOCUMENTS No suggested Supplementary Conditions in this Article. ARTICLE 4—COMMENCEMENT AND PROGRESS OF WORK No suggested Supplementary Conditions in this Article. ARTICLE 5—BONDS AND INSURANCE 5.02 Insurance SC-5.02 Add the following new paragraphs immediately after Paragraph 5.02.E: F. Seller shall purchase and maintain such liability and other insurance as is appropriate for the furnishing of Goods and Special Services and as will provide protection from claims set forth below which may arise out of or result from Seller’s furnishing of the Goods or Special Services and Seller’s other obligations under the Procurement Contract Documents, whether the furnishing of Goods and Special Services or other obligations are to be performed by Seller, any subcontractor or supplier, or by anyone directly or indirectly employed by any of them to furnish the Goods and Special Services, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Seller’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Seller’s employees; 537 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 2 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (a) by any person as a result of an offense directly or indirectly related to the employment of such person by Seller, or (b) by any other person for any other reason; 5. claims for damages, other than to the Goods, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. G. The policies of insurance so required by this Paragraph 5.02 to be purchased and maintained must: 1. with respect to insurance required by Paragraphs SC-5.02.F.3 through SC-5.02.F.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) Buyer, Engineer, their consultants, and other persons or entities to be included on policy as additional insureds, all of whom must be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds must provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided below or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Seller’s indemnity obligations under Paragraph 7.07; 5. contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder will provide a copy of the notice to the other party, each other insured, and Engineer; 6. remain in effect at least until final payment and at all times thereafter when Seller may be correcting, removing, or replacing non-conforming Goods in accordance with Paragraph 9.03 and 9.04; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and Seller shall furnish Buyer and each other additional insured identified in these Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Buyer and any such additional insured of continuation of such insurance at final payment and one year thereafter). H. The limits of liability for the insurance required by Paragraph SC-5.02.F must provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs SC-5.02.F.1 and F.2: Workers’ Compensation and Related Policies Policy limits of not less than Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Employer’s Liability 538 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 3 Workers’ Compensation and Related Policies Policy limits of not less than Policy limit $500,000.00 2. Seller’s General Liability under Paragraphs SC-5.02.F.3 through F.6 which must include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Seller: Commercial General Liability Policy limits of not less than General Aggregate $3,000,000.00 Products—Completed Operations Aggregate $3,000,000.00 Personal and Advertising Injury $2,000,000.00 Bodily Injury and Property Damage—Each Occurrence $1,000,000.00 3. Automobile Liability under Paragraph SC-5.02.F.6: Automobile Liability Policy limits of not less than Bodily Injury Each Person $500,000.00 Each Accident $1,000,000.00 Property Damage Each Accident $1,000,000.00 or Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $1,000,000.00 I. Seller shall deliver to Buyer, with copies to each additional insured identified in these Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Buyer or any other additional insured) which Seller is required to purchase and maintain. ARTICLE 6—LICENSES AND FEES No suggested Supplementary Conditions in this Article. ARTICLE 7—SELLER’S RESPONSIBILITIES 7.07 Indemnification SC-7.07A Amend General Conditions C 7.07A to read as follows: A. To the fullest extent permitted by Laws and Regulations, Seller shall indemnify and hold harmless Buyer, Engineer, Project Owner, and any assignee of Buyer, including Contractor/Assignee, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of Seller’s obligations under the Procurement Contract, provided that any such claim, cost, loss, or damage of tangible property (other than the Goods themselves), including the loss of use resulting therefrom, without limit and without regard to the cause or causes thereof or the negligence or any party or parties that may be asserted against, recovered from or suffered by the Buyer occasioned by growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional 539 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 4 misconduct of the Seller; or (ii) any negligent, reckless, or intentional misconduct of any of the Seller’s agents. SC-7.07C Add Section SC 7.07C immediately following 7.07B C. Seller’s obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). SC-7.07D Add Section SC 7.07D immediately following SC 7.07C D. Should any indemnitee described herein be required to bring an action against the Seller to assert its right to defense or indemnification under this Procurement Agreement or under the Seller’s applicable insurance policies the indemnitee shall be entitled to recover reasonable costs and attorney’s fees incurred in asserting its right to indemnification or defense but on if a court of competent jurisdiction determines the Seller was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for claim(s) or any portion(s) thereof. SC-7.07E Add Section SC 7.07E immediately following SC 7.07D E. In the event of an action filed against the Buyer resulting from the Buyer’s performance under the Procurement Agreement, the Buyer may elect to represent itself and incur all costs and expenses of suit. SC-7.07F Add Section SC 7.07F immediately following SC 7.07E F. The Seller waives any and all claims and recourse against the Buyer, Engineer, Project Owner, and any assignee of Buyer, including Contractor/Assignee, and their officers, directors, members, partners, employees, agents, consultants, contractors, and subcontractors, 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 the Procurement Agreement except “responsibility for [Buyer’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. ARTICLE 8—SHIPPING AND DELIVERY No suggested Supplementary Conditions in this Article. ARTICLE 9—BUYER’S RIGHTS 9.01 Correction Period SC 9.04 Amend Paragraph 9.04.A. to read as follows: Seller’s responsibility for correcting all non-conformities in the Goods and Special Services will extend for a period of two years after the acceptance of the Goods and Special Services in accordance with Paragraph ARTICLE 10—ENGINEER’S STATUS No suggested Supplementary Conditions in this Article. ARTICLE 11—CHANGES No suggested Supplementary Conditions in this Article. 540 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract P800 Supplementary Conditions of the Procurement Cntr 2019 800 - 5 ARTICLE 12—CLAIMS, DISPUTES, AND DISPUTE RESOLUTION ARTICLE 13—PAYMENT No suggested Supplementary Conditions in this Article. ARTICLE 14—CANCELLATION, SUSPENSION, AND TERMINATION No suggested Supplementary Conditions in this Article. ARTICLE 15—MISCELLANEOUS 15.10 Nondiscrimination and Equal Pay SC 15.10 Add the following new paragraph immediately after 15.09 Seller agrees that all hiring or assignment by Seller of persons performing this Procurement Contract shall be based on merit and qualifications. Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Procurement Contract 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). Seller must report to Buyer any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Procurement Contract. Seller shall require these nondiscrimination terms of its subcontractors providing services under this Procurement Contract. 541 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 1 SECTION 46 21 13 MECHANICALLY CLEANED BAR SCREEN (TRAVELLING MULTI-RAKE SCREEN “RAKEMAX-J”) PART 1 - GENERAL 1.1 SCOPE A. Contractor shall furnish and install one (1) mechanically cleaned bar screens with multiple rake blades as indicated on the drawings. Each screen shall be manufactured from AISI 304L stainless steel shapes. Fabrication and assembly shall be in conformance with these specifications and drawings. B. Each screen shall be furnished complete with bar rack, dead plate, discharge chute, side frames, covers, rake blades, drive chains, sprockets and bearings, scraper assembly, drive motor, gear reducer, anchor bolts, controls and all accessories and appurtenances specified or otherwise required for a complete and properly operating installation. C. Contractor shall coordinate all details of the equipment with other related parts of the work. He shall verify that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations required to accommodate equipment differing in dimensions or other characteristics from these specifications and drawings. D. Contractor shall install the equipment according to instructions and recommendations of the equipment manufacturer. E. Power supply is 480 Volts, 60 Hz, 3-phase. 1.2 REFERENCES A. American Society for Testing and Materials (ASTM) Publications: 1. Section A322: Carbon and Alloy Steel Bar Specifications. 2. Section A507-10: Standard Specification for Drawing Alloy Steel, Sheet and Strip, Hot- Rolled and Cold Rolled. B. Anti-Friction Bearing Manufacturers Association (AFBMA): 1. Standard 9-90 Load Ratings and Fatigue Life for Ball Bearings. 2. Standard 11-90 Load Ratings and Fatigue Life for Roller Bearings. 1.3 SUBMITTALS A. The manufacturer shall furnish five (5) sets of bound submittals in addition to one (1) electronic version on CD/DVD. The following information shall be submitted to the Engineer to establish compliance with this specification. Submittals shall include the following: B. Product Data: Include the following: 1. Descriptive literature, brochures, and/or catalogs of the equipment. 2. Motor characteristics and performance information. 3. Gear reducer data including service factor, efficiency, torque rating, and materials. 4. Parts list including a list of recommended spare parts. C. Shop Drawings: Include the following: 1. Manufacturer’s installation drawings. 2. Wiring and schematic diagrams. D. Operations and maintenance manual 542 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 2 E. Installation reference list. F. Detailed installation instructions. G. Equipment weights and lifting points. H. Recommendations for short and long term storage. I. A copy of the manufacturer’s warranty J. A copy of documents proving certification of the Manufacturer’s Quality Management System according to ISO 9001 and Environmental Protection Management System according to ISO 14001. 1.4 QUALITY ASSURANCE A. To ensure quality, conformance, and reliability with regard to the manufacturing and production of the equipment, the manufacturer shall meet all requirements listed hereafter: B. Manufacturer shall have a minimum of twenty (20) years experience producing equipment substantially similar to that required and shall be able to submit documentation of at least fifteen (15) independent installations using the same size or larger equipment as detailed in the below. Each installation must have been in satisfactory operation for at least five (5) years. C. The Contract Documents represent the minimum acceptable standards for the screening equipment for this project. All equipment shall conform fully in every respect to the requirements of the respective parts and sections of the drawings and specifications. The entire unit shall be Manufacturer’s standard product, but shall be modified, redesigned, furnished with special features or accessories, made of materials or provided with finishes as may be necessary to conform to the quality mandated by the technical and performance requirements of the specification. D. The entire unit shall be manufactured from AISI 304L stainless steel shapes. All components made of stainless steel shall be passivated by full submergence in a pickling bath for perfect surface finishing. No stainless steel components may be fabricated or assembled in a factory where carbon steel products are also fabricated, in order to prevent contamination by rust. E. Electric motors, gear reducers, and other self-contained or enclosed components shall have an acrylic enamel finish. F. All stainless steel parts of the unit shall be fully submerged into a pickling bath for at least 2 hours to remove welding spots and to protect the stainless steel against corrosion. Glass bead blast or chemically treated stainless steel shall not be allowed. G. Manufacturer shall provide evidence of Original Equipment Manufacturer (OEM) of the specified screen design and manufacturing. Licensed screen designs shall not be accepted. H. Fabrication shall be done in compliance with all applicable ASTM standards or equivalent international standards. I. All welding in the factory shall use shielded arc, inert gas, MIG or TIG method. Filler wire shall be added to all welds to provide for a cross section equal to or greater than the parent metal. Butt welds shall fully penetrate to the interior surface and gas shielding to interior and exterior of the joint shall be provided. J. Bolts, nuts and washers shall be selected from AISI 304L or 316L stainless steel such that they are anti-seizing. K. Manufacturer shall have established an ISO 9001 certified quality management system. Equipment suppliers not utilizing ISO 9001 facilities shall not be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. 543 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 3 L. Manufacturer shall have established an ISO 14001 certified environmental protection management system designed to monitor and help minimize the harmful effects on the environment caused by its manufacturing processes. Equipment suppliers not utilizing ISO 14001 facilities shall not be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. M. All welding is performed in accordance with American Welding Society (AWS) D1.1 Structural Welding Code, or equivalent. N. Manufacturer shall provide screen, motors, gear reducers, controls, control panels, and lifting attachments as a complete integrated package to ensure proper coordination, compatibility, and operation of the system. The manufacturer shall test-run the fully assembled machine in his factory before shipment. O. Manufacturer shall provide services by a factory-trained Service Engineer, specifically trained on the type of equipment specified. The Service Engineer requirements include, but are not limited to the following: 1. The Service Engineer shall be present during initial energizing of equipment to determine directional testing as described in Section 4.01 C (Installation). 2. The Service Engineer shall inspect and verify location of anchor bolts, placement, leveling, alignment and field erection of equipment, as well as control panel operation and electrical connections. 3. The Service Engineer shall provide classroom and/or field training on the Operation and Maintenance of the equipment to operator personnel. These instructions may include the use of slides, videos, literature, and/or oral presentations. 4. Manufacturer shall state field service rates for a Service Engineer to Owner and Contractor. In the event that the field service time required by this section should not be sufficient to properly place the equipment into operation, and the requirement for additional time is beyond the manufacturer’s responsibility, additional time shall be purchased by Contractor to correct deficiencies in installation, equipment, or material without additional cost to Owner. 1.5 DELIVERY, STORAGE, AND HANDLING OF EQUIPMENT A. All equipment shall be shipped and delivered fully assembled, except where partial disassembly is required in order to conform to transportation regulations or for the protection of components. B. Contractor shall be responsible for unloading of the machinery and shall have equipment on-site available at the time of delivery permitting proper hoisting of the equipment. 1.6 ENGINEER’S APPROVAL OF ALTERNATE EQUIPMENT A. Manufacturer of alternate equipment shall submit a pre-approval package to Engineer at least two (2) weeks prior to bid date. Alternate manufacturer shall submit the following information and supporting documentation: 1. Standard equipment drawings showing the equipment meeting the specifications in this section. If the proposed equipment does not meet these specifications, any deviation from the specification must be expressly noted. All deviations shall be listed on a single document. 2. Detailed installation drawings illustrating how the proposed screen fits in the channel. The drawings shall include plan, elevation, and sectional views of the installation. Drawings shall include details of the discharge chute, details of the seal between screen and side walls of the channel, and details of anchor bolt locations. 3. Hydraulic calculations and flow curves for the proposed screen verifying that the screen is capable of processing the peak flow. 4. Motor characteristics and performance information. 5. Reference list of all installations of same and similar equipment. 6. Complete bill of materials for all equipment. 544 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 4 7. Certification by the manufacturer that all stainless steel equipment will be manufactured in a stainless steel only factory. 8. Certification that the entire equipment will be passivated by submersion in an acid bath as specified in chapter 2.03. 9. Documentation of required maintenance for all equipment including an approved list of lubricants and the required quantities. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. RakeMax-J Model 3840x775/12 from Huber Technology, Inc. B. Traveling Multi-Rake Screen from pre-approved alternate manufacturer(s), as per section 1.06 above. C. Alternates shall not be acceptable unless pre-approved. Costs for changes in design to accommodate alternative offers shall be borne by the alternate screen provider. 2.2 PERFORMANCE AND DESIGN REQUIREMENTS A. Each screen shall be capable of processing a peak flow of 18 Million Gallons per Day (MGD) of municipal wastewater with no less than 12” of freeboard when installed in a 3.5’ wide channel 5.5’ deep with a bar spacing of 1/2”. Inclination of the bar rack shall be 55 degrees. Effective screen area shall have a minimum of 60% free open-area for water flow. The Screen shall lift and discharge screenings 9.23’ (maximum 65 ft or 20 m) above the bottom of the channel onto a discharge chute without use of brushes or spray washers. The operating floor level shall be 5.5’ above the bottom of the channel. B. Minimum flow through the screen shall be 2ft/s C. The downstream water level at peak flow will be approximately 6’ above channel bottom. D. The maximum upstream water level shall not exceed 40 inches above channel bottom. The screen shall be capable of processing the peak flow without exceeding the maximum u pstream water level based on a 30% reduction of the screen’s free open-area. E. The travel speed of the rakes shall be between 26 and 39 feet per minute (8 to 12 m/min). F. All parts shall be designed and manufactured to handle the forces that may be exerted on the screen during fabrication, shipping, erection, and proper operation according to the O&M manual. G. All components shall be so designed that jamming at any point will not result in structural failure but will cause the drive motor to stall. All components, including the gear reducer, shall be designed to withstand, without damage or permanent distortion, the full stalling torque of the drive motor and/or the maximum differential head at any channel water depth. 2.3 BAR SCREEN DESIGN SPECIFICATIONS A. MATERIALS 1. Screen shall be manufactured from AISI 304L stainless steel shapes (rods, angles, and channels), pipes, and sheets. In particular, side frames and guides, bar rack, rake assembly, scraper assembly, shafting, discharge chute, fasteners and anchor bolts shall be made of this material. 2. Screen shall be manufactured in a stainless steel only factory to prevent contamination of the stainless steel with rusty dust. 3. All stainless steel components and structures shall be submersed in a chemical bath of nitric acid and hydrofluoric acid (pickling bath) to remove any residues that may be present on the material as a result of forming, manufacture, or handling. After removal from the pickling 545 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 5 bath, the equipment must be washed with a high-pressure wash of cold water to remove any remaining surface debris and promote the formation of an oxidized passive layer which is critical to the long life of the stainless steel. Sand blasting, bead blasting, spray pickling or hand pickling of stainless steel surfaces shall not be acceptable 4. Chains and sprockets shall be made of hardened stainless steel. Chain rollers shall be made of polyamide. 5. Lower sprocket bearings shall have a stainless steel casing including a shaft made of white cast iron and a ceramic (silicon carbide) low friction bushing. 6. Upper sprocket bearings shall have a paint coated cast iron casing and include ball bearings with grease nipples that are double-sealed with Nilos rings. B. CONSTRUCTION 1. The bar screen shall remove debris (screenings) from the incoming wastewater by means of a positively cleaned bar rack that is installed in a concrete channel. The screen shall retaindebris at the bar rack. A multitude of rake blades shall remove and lift the debris to a discharge mechanism. The bar rack shall be cleaned by a series of rakes engaging the bar rack from the upstream side (front) at the bottom of the channel and then moving up along the bar rack. The debris shall be lifted above the channel and dropped on a discharge chute at the downstream side (back) of the screen. Screens with single rakes shall not be approved. Screens employing brushes and spray water for screenings removal shall not be approved. 2. The bar rack shall consist of equally spaced bars that are inclined from the horizontal with the inclination angle specified above, with a J-shape lower section to match the rotating rake’s pattern. The lower ends of the bars shall be provided with a minimum 10/64” (4 mm) thick curved base plate such that the rakes positively remove all screenings from the bottom of the bar rack. Bars shall have a teardrop (up to a bar spacing of ½ inch or 12 mm) cross section. Teardrop bars shall have a width of 5/16” (8 mm), a depth of minimum 2.4” (60 mm) and a tail width of 13/64" (5mm). Round, rectangular or trapezoidal bar shapes will not be acceptable. The bar rack shall be made up of equally sized sections securely fastened to the frame of the screen and be readily removable. Screens without the ability to replace bar screen sections will not be acceptable for this project. 3. The bar screen shall be provided with a dead plate extending from the bar rack to the discharge chute. The dead plate shall be made of 10/64 inch or 4 mm thick stainless steel plate and shall be stiffened by structural members so that it is flat without undulation so that the tips of the rake’s teeth ride at a distance between 5/64 and 10.64 inch (1 to 2 mm) over the dead plate. The dead plate shall be securely fastened to the side frames. 4. A discharge chute shall be provided that fully encloses the discharge section of the screen. An access hatch with hinges and a handle shall be provided in the chute permitting easy access. The discharge chute shall be mounted to direct screenings into the appropriate receiving container or conveyor. The chute shall have a slope of minimum 60 degrees. The discharge chute shall be made of a minimum 2.5 mm thick stainless steel plate. 5. A frame shall be provided supporting all required loads. Side frames shall be made of 0.16” (4 mm) thick 304 stainless steel plates with a minimum of four axial edges and shall have a width of minimum 24.75 inches (629 mm). Maximum deflection of frame at 50,000N at 3000mm length shall be 1.0mm. The side frames shall be connected with each other through channels having a minimum thickness of 10/64 inch (4 mm) and a minimum cross section of 4-1/4” x 2” (108 x 49 mm). The side frames shall be connected to support frames. The support frames shall be securely anchored onto the operating floor. 6. The screen shall be provided with easily removable, sufficiently stiffened covers made of 3/64 inch (1.5 mm) thick stainless steel plates with edges on all sides. The covers shall be provided with turn locks and handles. 7. 10/64 inch (4 mm) thick EPDM strips shall be fastened to the side frames to seal the lateral gaps between the side frames and the channel walls. 8. Each side frame shall include separate roller tracks to guide the rakes. The roller tracks shall be bolted to the frame so that they can easily be replaced. The roller tracks shall be made of 10/64” (4 mm) thick L-profiles. 546 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 6 9. Drive chains for the rakes shall be roller type chains and shall have links made from 316L Stainless Steel. The chain bushes and pins shall be made from AISI-431 Stainless Steel. Each chain shall be rated for a maximum load of 56,000N (12,589lbs). Drive chains, chain guides, sprockets and their bearings shall be replaceable without the need for removing the screen from the channel. Chain pitch shall be no less than 6-5/16 inch (160mm). Screens utilizing drive chains constructed from alternative materials will not be acceptable for this project due to the corrosive nature of wastewater. 10. Chain rollers shall be made of polyamide and shall have a diameter of 2-3/8 inch (60 mm) and shall be a minimum of 1-1/4 inch (32 mm) wide. 11. Each screen shall be provided with four sprockets with a reference diameter of 13 inches (327 mm). The lower sprockets shall be solid. The upper sprockets shall be split to facilitate maintenance. The sprockets shall be made of minimum 1-1/8” (29 mm) thick 316L stainless steel plates. Screen designs that utilize sprockets constructing of differing materials will not be acceptable for this project. 12. Stainless steel guards shall be provided bolted to the screen frame and partially cover the lower sprockets to provide protection from large debris. 13. Upper bearings shall be flange bearings and shall be provided with grease nipples for easy lubrication. The bearings shall be designed for use with biodegradable grease. Their diameter shall be a minimum of 2 inch (50mm). The casing shall be made of paint coated cast iron. 14. Lower bearings shall be slide bearings in a stainless steel casing. They shall include white cast iron shafts and silicon carbide slide bushings with a length of 2” (50 mm) and an internal diameter of minimum 2-5/16” (59 mm). Bearings employing slide bushings made of plastic material shall not be accepted. Screen designs that utilize guide tracks or shoes will not be acceptable for this project. 15. Rakes shall include rake bars made of ¼” (6 mm) thick channel profile having a cross section of 4-1/4” x 2-3/8” (105 x 60 mm). Rake blades with a thickness of 5/8” (15mm) and a depth of minimum 6-1/2” (170 mm) shall be bolted on the rake bars. The rake blades shall have teeth matching and engaging the bars of the bar rack. The rake blades shall each consist of several pieces with teeth such that only one of the pieces needs to be replaced in case that a tooth should be damaged. 16. A pivoting scraper mechanism shall be positioned at the point of discharge and shall be attached to the side frames. The scraper shall clean the rake on each pass and return to its rest position with minimal shock. The scraper shall be designed such that screenings do not wrap around the rake or scraper. The scraper shall be provided with a scraper bar made 10/64” inch (4 mm) thick channel profile with a minimum cross section of 1 -1/2” x 2- 11/16” (39 x 68 mm) and an adjustable 3/8 inch (10 mm) thick wiper made of Polyethylene. The scraper shall be connected with the frame through a pair of minimum 20 inch (500 mm) long scraper arms that shall be made of 10/64” inch (4 mm) thick channel profile with a minimum cross section of 2-3/4” x 2-3/8” (68 x 59 mm). A pair of shock absorber elements made of neoprene shall be provided. 17. The drive shaft shall be hollow and have a diameter of minimum 3-1/8 inch (80mm) and a wall thickness of minimum 13/64” (5 mm). Solid drive shafts shall not be accepted. 18. The drive shaft shall include an integral rocker arm assembly on the drive end that flexes if the screen rakes get jammed. 19. The rocker arm assembly shall consist of a drive unit mounted to a stainless steel arm. The stainless steel arm will be held in place by a flanged roller bearing connected to the drive shaft and two heavy duty tension springs. The flange bearing shall be connected to the rocker arm by four bolts. The rocker arm position shall be maintained in the standard operating position by the two tension springs. An intrinsically safe proximity switch shall indicate the position. 20. The drive unit shall be designed for continuous service and intermittent spray water contact. 21. The bevel gear reducer shall be a totally enclosed unit. Gear reducer shall have ball or roller bearings throughout with all moving parts immersed in oil. Gear reducers which require periodic disassembly of the unit and manual re-greasing of bearings are not acceptable. The 547 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 7 nominal input power rating of the gear reducer shall be at least equal to the nominal horsepower of the drive motor. Gear reducer shall be designed and manufactured in compliance with applicable AGMA or equivalent standards. During continuous operation the oil temperature shall not exceed 200 degrees F (95 degrees C). 22. The rake assembly shall be driven by an electric motor. The motor shall be UL rated for operation in Class 1 Division 1 environment. The motor shall be inverter duty rated, 1.0 hp, 460 Volts, 60 Hz, 3-phase. The motor shall be rated for operation in a 104 degree F (40 degree C) environment. 2.4 CONTROLS AND INSTRUMENTATION A. GENERAL 1. The control system shall be provided by the screen supplier. B. LOCAL CONTROLS ON EACH SCREEN 1. One (1) NEMA 7, Class 1 Division 1 approved Cast Aluminum local control station C. WATER LEVEL SENSORS 1. Bar screen manufacturer shall provide one Miltronics HydroRanger 200 with (2) STH transducers for continuously monitoring of the upstream and downstream water levels for control of screen operation. The transducers shall be rated for Class 1 Division 1 hazardous locations and shall be intrinsically safe without the use of additional barriers. The transmitter shall be mounted next to the main control panel. Contractor shall install the transducers and provide wiring to the control panel. D. CONTROL PANEL 1. A single main control panel shall be furnished with a lockable NEMA 4X corrosion- resistant stainless-steel enclosure together with a single local push button station rated for a NEMA 7, Class 1 Division 1 environment. 2. Controls panel shall be made by a U.L. listed company and shall bear a U.L. label. 3. Control panel wiring shall be color coded, neatly cabled and supported in non-flammable wiring tracks. Wiring shall be minimum 14 gauge MTW stranded wire. 4. Control panel shall contain all power and control devices necessary for the proper function of the screen and shall include the following: a. 600-Volt rated main circuit breaker disconnect with lockable handle b. 480 – 120 Volt control power transformer c.Reversible Screen VFD, Square D Altivar 31 or equal d. HAND-OFF-AUTO selector switch for the operation of the bar screen drive e.FORWARD-OFF-REVERSE selector switch for HAND operation. Switch shall spring return from REVERSE to OFF f. Red pilot light for “Screen Run” indication g.Amber pilot light for “Fault” indication h. Amber pilot light for “High Water Level” indication i.White pilot light for “Control Power” indication j.Alarm silence and reset push buttons k. Push-to-Stop/Pull-to Run emergency stop maintained push button with lockout l.Dry contacts for remote indication of “Fault”, “Screen Running”, and “High Level” m. Control relays, wiring and circuitry required to implement the control logic n. High Level Float switch o. Programmable controller (PLC) Micrologix 1400 minimum. p. Operator interface Allen Bradley PanelView C400 to provide following: 1) Display of current fault 2) Alarm History 3) Motor Hour Meter 4) Operator access to user adjustable setpoints E. SEQUENCE OF OPERATION 548 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract MECHANIALLY CLEANED SCREENS-TRAVELLING RAKE TYPE (RAKE-J) 46 21 13 - 8 1. In AUTO position the screen shall be controlled by the water level sensors. Screen operation shall be started when the water level sensors monitor a certain water level difference, when the ultrasonic level sensor detects high water level, or when a certain time has passed since the last operation of the screen. Screen operation shall be stopped with an adjustable delay time after the water difference is below a certain value and after the ultrasonic level sensor ceases to indicate high water alarm, or after a certain run time has expired (if operation was started by timer). 2. If the screen rakes experience a jam, the force will cause the rocker arm described above to rotate around the drive shaft, compressing one of the tension springs. This motion shall be limited by a rocker guide. When the rocker arm rotates out of the normal operating position a proximity sensor will send a signal to the PLC causing the motor to enter a self clearing mode. The self clearing mode with attempt to reverse the direction of travel of the rakes for a set period before resuming forward operation. This cycle will be attempted up to three (3) times; if the self clearing mode should prove unsuccessful then the system shall initiate an alarm signal. 3. Reset is manually performed after correction of any cause for a trip-out. 4. In HAND position the operator shall be able to run the rake assembly selecting the respective FORWARD or REVERSE direction from the FORWARD-OFF-REVERSE selector switch. PART 3 - SPARE PARTS 3.1 SPARE PARTS A. The following Spare Parts shall be included and supplied together with the equipment: 1. Two (2) Sets of rake plates 2. Two (2) Lower bearing assemblies 3. Two (2) Wipers for scraper 4. Two (2) Proximity switches B. Spare parts shall be packaged with labels indicating the contents of each package and shall be delivered to Owner as directed. PART 4 - EXECUTION 4.1 INSTALLATION AND TESTING A. Contractor shall verify all dimensions in the field to ensure compliance of equipment dimensions with the drawings. Contractor shall notify Engineer of significant deviations. B. Installation of the equipment shall be in strict accordance with the contract documents and the manufacturer’s instructions and shop drawings. Manufacturer shall supply anchor bolts for the equipment. Contractors shall install the anchor bolts in accordance with the manufacturer’s recommendations C. Supplier shall furnish the services of a factory-trained Service Engineer for one (1) trip including a total of two (2) days to inspect the installation, observe start up, and provide operator training. 1. Equipment shall not be energized, or “bumped” to check the electrical connection for motor rotation without the Service Engineer present. 2. The Service Engineer shall make all necessary adjustments and settings to the controls. 3. The Service Engineer shall demonstrate proper and sequential operation of the screen. The screen shall operate automatically based on the water level differential. END OF SECTION 549 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 1 SECTION 46 21 73 SCREENINGS WASHER PART 1 - GENERAL 1.1 SCOPE A. Contractor shall furnish, install and place into satisfactory operating condition one (1) screenings wash and press (WAP) for washing, dewatering and compacting, and conveying screenings material from a screen and discharging them into screening bags (bagger optional); as shown on the drawings and described in the specifications. B. It is the intent of these specifications that all equipment called for under this section shall be supplied by a single manufacturer. 1.2 REFERENCES A. American Society for Testing and Materials (ASTM) Publications: 1. Section A322: Carbon and Alloy Steel Bar Specifications. 2. Section A507-10: Standard Specification for Drawing Alloy Steel, Sheet and Strip, Hot- Rolled and Cold Rolled B. Anti-Friction Bearing Manufacturers Association (AFBMA) Publications: 1. Standard 9-90 Load Ratings and Fatigue Life for Ball Bearings. 2. Standard 11-90 Load Ratings and Fatigue Life for Roller Bearings. C. American Institute of Steel Construction (AISC) Publications D. American Welding Society (AWS) Publications E. American Structures Painting Council (ASPC) Publications 1.3 SUBMITTALS A. The following information shall be submitted to the engineer. In accordance with Section 01300, copies of all materials required to establish compliance with this Section. Submittals shall include the following: B. Product Data: Include the following: 1. Descriptive literature, brochures, catalogs, cut sheets and other detailed descriptive material of the equipment. 2. Motor characteristics and performance information. 3. Gear reducer data including service factor, efficiency, torque rating, and materials. 4. Parts list including a list of recommended spare parts. C. Shop Drawings: Include the following: 1. Manufacturer’s installation drawings. 2. Wiring and schematic diagrams. D. Operations and maintenance manual: See Section 01300. E. Detailed installation instructions, with clear step-by-step points on the correct mechanical and electrical installation procedures. F. Equipment weights and lifting points. G. Recommendations for short- and long-term storage. H. A copy of the manufacturer’s warranty 550 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 2 I. A copy of documents proving certification of the Manufacturer’s Quality Management System according to ISO 9001 and Environmental Protection Management System according to ISO 14001. J. Failure to include all drawings applicable to the equipment specified in this section will result in rejection of the entire submittal with no further review. 1.4 QUALITY ASSURANCE A. To ensure quality, conformance, and reliability with regard to the manufacturing and production of the equipment, the manufacturer shall meet all requirements listed hereafter: B. Manufacturer shall have a minimum of twenty (20) years’ experience producing equipment substantially similar to that required and shall be able to submit documentation of at least fifteen (15) independent installations using the same type of equipment as detailed below. Each installation must have been in satisfactory operation for at least five (5) years. C. The Contract Documents represent the minimum acceptable standards for the wash and press for this project. All equipment shall conform fully in every respect to the requirements of the respective parts and sections of the drawings and specifications. The entire unit shall be modified, redesigned, furnished with special features or accessories, made of materials or provided with finishes as may be necessary to conform to the quality mandated by the technical and performance requirements of this specification. D. The entire unit shall be manufactured from AISI 304L stainless steel shapes. All components made of stainless steel shall be passivated by full submergence in a pickling bath for perfect surface finishing. No stainless-steel components may be fabricated or assembled in a factory where carbon steel products are also fabricated, in order to prevent contamination by rust. E. Electric motors, gear reducers, and other self-contained or enclosed components shall have an acrylic enamel finish. F. All stainless-steel parts of the unit shall be fully submerged into a pickling bath for at least 2 hours to remove welding spots and to protect the stainless steel against corrosion. Glass bead blast or chemically treated stainless steel shall not be allowed. G. Fabrication shall be done in compliance with all applicable ASTM standards or equivalent international standards. H. All welding in the factory shall use shielded arc, inert gas, MIG or TIG method. Filler wire shall be added to all welds to provide for a cross section equal to or greater than the parent metal. Butt welds shall fully penetrate to the interior surface and gas shielding to interior and exterior of the joint shall be provided. I. Bolts, nuts and washers shall be selected from AISI 304L or 316L stainless steel such that they are anti-seizing. J. Manufacturer shall have established an ISO 9001 certified quality management system. Equipment suppliers not utilizing ISO 9001 facilities shall not be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. K. Manufacturer shall have established an ISO 14001 certified environmental protection management system designed to monitor and help minimize the harmful effects on the environment caused by its manufacturing processes. Equipment suppliers not utilizing ISO 14001 facilities shall not be considered or approved for this project. Equipment supplier shall provide evidence of certification before being named as an acceptable manufacturer. L. All welding is performed in accordance with American Welding Society (AWS) D1.1 Structural Welding Code, or equivalent. M. Manufacturer shall provide wash press, motors, gear reducers, controls, control panels, and lifting attachments as a complete integrated package to ensure proper coordination, 551 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 3 compatibility, and operation of the system. The manufacturer shall test-run the fully assembled machine in his factory before shipment. N. Manufacturer shall provide services by a factory-trained Service Engineer, specifically trained on the type of equipment specified. The Service Engineer requirements include, but are not limited to the following: 1. The Service Engineer shall be present during initial energizing of equipment to determine directional testing as described in Section 4.03 C (Installation). 2. The Service Engineer shall inspect and verify location of anchor bolts, placement, leveling, alignment and field erection of equipment, as well as control panel operation and electrical connections. 3. The Service Engineer shall provide classroom and/or field training on the Operation and Maintenance of the equipment to operator personnel. These instructions may include the use of slides, videos, literature, and/or oral presentations. 4. Manufacturer shall state field service rates for a Service Engineer to Owner and Contractor. In the event that the field service time required by this section should not be sufficient to properly place the equipment into operation, and the requirement for additional time is beyond the manufacturer’s responsibility, additional time shall be purchased by Contractor to correct deficiencies in installation, equipment, or material without additional cost to Owner. 1.5 ENGINEER’S PRE-APPROVAL OF ALTERNATE EQUIPMENT A. Manufacturer of alternate equipment shall submit a pre-approval package to Engineer at least two (2) weeks prior to bid date. Alternate manufacturer shall submit the following information and supporting documentation: 1. A complete set of drawings, specifications, catalog cut-sheets, and detailed descriptive material. Drawings shall show all relevant details of the unit. This information shall identify all technical and performance requirements stipulated on the drawings and in the specification. If the proposed equipment does not meet these specifications, any deviation from the specification must be expressly noted. All deviations shall be listed on a single document. 2. Detailed installation drawings illustrating how and where the proposed screenings wash, and press will be installed. The drawings shall include plan, elevation, and sectional views of the installation. Drawings shall include details of the seal between the equipment feeding the equipment and the wash and press inlet hopper, and details of the anchor bolt locations. 3. Motor characteristics and performance information. Vendor data shall be furnished to confirm the torque and thrust rating of the drive. 4. Complete reference list of all installations of same and similar equipment including contact names and phone numbers, showing at least 15 installations of the same type and size as specified. 5. Complete bill of materials for all equipment, showing dimensions and materials of construction of all components. 6. Certification by the manufacturer that all stainless-steel equipment will be manufactured in a stainless steel only factory. 7. Certification that the entire equipment will be passivated by submersion in an acid bath as specified in chapter 1.04. 8. A copy of documents proving certification of the Manufacturer’s Quality Management System according to ISO 9001 and Environmental Protection Management System according to ISO 14001. 9. Details of the control and instrumentation system including wiring diagrams. 10. Information on equipment field erection requirements including total weight of assembled components and weight of each sub-assembly. 11. List of recommended spare parts. 12. A maintenance schedule showing the required maintenance, frequency of maintenance, lubricants and other items required at each regular preventative maintenance period, including all buy-out items. 552 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 4 PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Base Bid: Wash and Press, WAP Size 4 from Huber Technology, Inc. B. Other pre-submitted and pre-approved Deductive Alternates. C. Equipment of all manufacturers must be in accordance with these specifications and plans. Being named as a manufacturer does not eliminate their responsibility of providing equipment in compliance with the following specification section. Any deviations without sufficient evidence proving equal or superior quality shall be rejected without further review or comment. 2.2 PERFORMANCE REQUIREMENTS A. The Wash and Press (WAP) screenings washer shall be capable of processing a maximum of 140 ft3/hr of screenings. The dewatered screenings shall contain less than 65 % moisture content during normal operating conditions (optimal screenings throughput of 53-88 ft3/hr). Dewatered screenings shall be discharged at an elevation of 6’ above the base of the channel floor. B. The equipment specified herein shall be standard equipment manufactured for use in a municipal wastewater treatment plant, specifically to reduce and separate fecal matter from raw sewage screenings. C. The screening equipment shall produce dewatered screenings capable of passing the EPA Paint Filter Test as described in method 9095 of EPA Publication SW-486. D. To minimize odors and nuisance, the conveyance, dewatering and compaction zones shall be completely enclosed. E. The spray wash system shall be enclosed such that spray water, aerosols or leakage do not contaminate the operating floor. F. The control system shall be designed such that the cleaning characteristics of the wash and press system can be changed via the programmable controller. Systems which do not offer this feature will not be acceptable for this project. G. MATERIALS 1. Unless otherwise specified in these specifications, the entire equipment shall be manufactured from AISI 304L austenitic stainless-steel shapes (rods, angles, and channels), pipes, and sheets. All mechanical parts shall be designed to handle the forces that may be exerted on the unit during fabrication, shipping, erection, and proper operation according to the O&M manual. 2. The entire equipment shall be manufactured in a stainless steel only factory to prevent contamination of the stainless steel with rusty dust. 3. The equipment, after its fabrication, shall undergo a passivation (pickling) process to ensure maximum resistance to corrosion. All stainless-steel components and structures shall be submersed in a chemical bath of nitric acid and hydrofluoric acid to remove any residues that may be present on the material as a result of forming, manufacture, or handling. After removal from the pickling bath, the equipment must be washed with a high-pressure wash of cold water to remove any remaining surface debris and promote the formation of an oxidized passive layer which is critical to the long life of the stainless steel. Submergence insures complete coverage. Spray on chemical treatments and glass bead blasting are specifically not acceptable due to their inability to provide complete and uniform corrosion protection. 2.3 PRODUCT DESIGN SPECIFICATIONS A. SCREENINGS WASHER BODY 1. The WAP 4 screenings washer body shall be fabricated from 1/8” (3 mm) thick AISI 304L stainless steel. The 10-3/4” (273 mm) diameter screenings washer body shall include a nominal 47-1/4” x 11-3/4” (1200 mm x 300 mm) trough opening for screenings deposit. A 553 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 5 level mounting flange shall be provided around the trough for the transitional hopper that directs the screenings into the trough of the screening’s washer. The hopper shall be fabricated from 3/32” (2.5 mm) thick stainless steel. 2. The screenings washer body shall house the shafted screw, and shall include one (1) 3/4" diameter wash water connections in the compaction zone, one (1) 3/8” diameter connection in the screenings trough, and shall include one (1) connection to the drain pan to flush any debris from the drainage pan. 3. The screenings washer body shall include 3/16” (5 mm) diameter perforations spaced 13/32” (10 mm) center-to-center in a vertical alignment in the washing and compaction zones to drain the excess wash water and filtrate water pressed from the screenings to the drain pan. 4. The screenings washer body shall be equipped with not less than six (6) guide bars made of Hardox 400 abrasion resistant plate. The guide bars shall be bolted from the outside of the tube for easy access and removal. The guide bars shall be at least 14-1/2” (370 mm) long and the thickness shall be not less than 13/32” (10 mm). Welded guide bars shall be not allowed. B. SHAFTED SCREW 1. The shafted screw shall transport the screenings from the trough area (washing zone) into the compaction zone and shall force the compacted screenings out the discharge pipe. The shafted screw for the WAP 4 shall be fabricated from 3/16” (5 mm) thick AISI 304L stainless steel. 2. The screw flights shall have a minimum thickness of 3/16” (5 mm) in the trough area, a thickness of 13/32” (10 mm) in the perforated washing zone, and a thickness of 25/32” (20 mm) in the compression zone. The outside diameter of the screw shall be 10-3/16” (259 mm) and shall include a 6” (150 mm) flight pitch in the trough area and washing zone, and a 4-3/4” (120 mm) pitch in the compaction zone. 3. Screw flights in the compaction zone shall have a Hardox 400 abrasion resistant plate welded to the stainless-steel flights. The last flight of the screw shall have Tubrodur hard metal seams welded around the external surface of the flight. 4. A stainless steel backed brush with nylon bristles shall be attached to the shafted screw with set screws and fasteners for the full length of the perforated washing zone. C. PLANT WATER MANIFOLD 1. The screenings washer shall be equipped with a manifold to provide plant water to the different washing inlet locations. The screenings washer shall be provided with not less than two (2) separate connections for injecting wash water into the screenings and one (1) connection to the drain pan underneath the wash and press body. The unit shall be designed to accept wash water from the facility’s non-potable water system, which is sourced from final plant effluent. 2. Wash water connections shall be sized and positioned by the unit manufacturer. Maximum water consumption for the unit shall be 16 gallons per minute. The water pressure range required at the connection to the unit for proper unit operation shall be 30-75 psi. 3. The main wash water supply line to the wash and press unit shall be provided with two (2) 1” diameter Burkert normally-closed solenoid valves with maximum operating pressure of 140psi. The solenoid valves shall be independently controlled by the PLC in the control panel. One solenoid valve shall supply wash water directed against the rotation of the screw flights in the inlet hopper, and into the compaction zone of the WAP. The second solenoidvalve shall direct wash water to the drain pan beneath the screening’s washer body. D. DRAIN PAN 1. The drain pan shall collect the spent wash water and filtrate water squeezed from the screenings. The drain pan shall be fabricated from 1/8” thick (3 mm) stainless steel and shall connect to the screenings washer body with stainless steel clasps for easy removal. 2. The drain pan shall include one (1) 3/4" threaded inlet connection for wash water from the manifold to flush the trough for cleaning purposes. A 3-1/2” (89 mm) diameter drain 554 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 6 connection shall be provided to discharge the drained water back into the channel on the downstream side of the screen. E. DISHARGE PIPE 1. The wash and press discharge pipe shall be made of stainless steel and shall be connected to the screenings washer body by a 10” (250 mm) diameter flange. The diameter of the straight section of the discharge pipe shall increase in size to ease the transport of the screenings. The diameter of the discharge pipe straight section shall increase from 10-1/2” to 13-3/4” (267 mm to 350 mm). The bend fittings on the unit’s discharge pipe shall have a radius that is three times (3x) larger than the pipe diameter. F. GEAR MOTOR DRIVE MECHANISM 1. The drive unit shall be a gear motor rated for continuous duty and shall be selected to match the requirements of the particular screen. The drive motor shall be a 5 HP, totally enclosed unit designed for application in a Class 2, Division1area. The motor shall be a constant speed unit rotating at 1760 rpm, and shall be powered by 230/460 VAC, 60 Hz, 3 phase power. 2. The drive unit shall be direct coupled to the screening wash and press drive shaft through the gear box. The gear box housing shall be constructed from ASTM A-48, Class 30 cast iron. 3. The gear box shall be designed for AGMA Class II, 24-hour duty. 2.4 CONTROL SYSTEM A. All controls necessary for the fully automatic operation of the Wash and Press (WAP) shall be provided. The controls need to be tied into the screen controls by dry contacts. B. The controls shall be incorporated into a single control panel. The enclosure shall be NEMA 4X, 304L stainless steel with continuous hinge and lockable door latch. C. The control panel enclosure shall incorporate the following: 1. Reversing motor starter, type IEC with Circuit Breaker Branch Circuit Protection 2. Disconnect, circuit breaker, pad lockable 3. Current monitoring relay 4. Control power transformer, single phase, 480 – 120 V AC with branch circuit fuses 5. Transient voltage surge surpressor TVSS, 120 V AC single phase 6. Programmable controller: Allen Bradley Micrologix 1400 7. Operator interface: Allen Bradley Panelview C400 8. UL labeled 9. Indicator lights for: a. Power on (white) b. WAP drive running (green) c. WAP fault (red) D. SEQUENCE OF OPERATION [WAP] 1. Sequence of operation for Wash and Press (WAP) is operated based on the run time of the associated screen. The combined screen/WAP control panel shall accumulate the time the screen is in operation. The WAP starts wash cycle when the accumulated screen operation time reaches the set point. 2. Wash cycle: a. Wash water supply is activated: ON/OFF mode with adjustable timers for each operational condition b. Drive runs forward also controlled by timers with adjustable ON / OFF sequence c. Wash cycle is followed by discharge cycle: screw is running forward for an adjustable time d. Pan wash is activated e. Wash cycle finished 555 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 7 3. High screening load condition: screen is discharging very high amount of screenings the WAP is switching into discharge mode; this condition is determined by the accumulated run time of the screen. 4. WAP shall have the ability to clear blocking automatically: if current monitoring relay senses high load condition the screw stops, and a clearing cycle is initiated: the screw stops immediately and reverses (time is adjustable at operator interface) and starts running forward. The number of attempts to clear the blocking is also adjustable – if screw is not cleared after allowed number of attempts or the overload is sensed during reversing the system stops immediately and an alarm signal is rendered. PART 3 - SPARE PARTS 3.1 SPARE PARTS A. The following Spare Parts shall be included and supplied together with the equipment: 1. Six (6) Guide bars 2. One (1) Cleaning brush 3. One (1) Solenoid valve rebuild kit PART 4 - EXECUTION 4.1 DELIVERY, STORAGE, AND HANDLING OF EQUIPMENT A. All equipment shall be shipped and delivered fully assembled, except where partial disassembly is required in order to conform to transportation regulations or for the protection of components. B. The Contractor shall be responsible for unloading of the machinery and shall have equipment on-site available at the time of delivery permitting proper hoisting of the equipment. 4.2 FIELD PREPARATION AND PAINTING A. Contractor shall touch-up all shipping damage to the paint and stainless steel as soon as the equipment arrives on the job site. B. Contractor shall supply paint for field touch-up and field painting. C. Contractor shall coat all stainless-steel bolts and nut threads with a non-seizing compound prior to final assembly. 4.3 INSTALLATION, START-UP AND OPERATOR TRAINING A. Installation of the equipment shall be in strict accordance with the contract documents and the manufacturer’s instructions and shop drawings. The manufacturer shall furnish the anchor bolts for the equipment. It is the Contractors responsibility to install the anchor bolts in accordance with the manufacturer’s recommendations. B. The Contractor shall be responsible to verify the accuracy of all dimensions in the field and to ensure compatibility with the specifications and equipment. C. The manufacturer shall furnish the services of a factory-trained service technician as per specified in the screen section. 1. The equipment shall not be energized, or “bumped” to check the electrical connection for motor rotation without the service technician present. 2. The service technician shall all necessary adjustments and settings to the controls. In particular, the service technician shall verify the measurement relay setting.3. The Service technician shall demonstrate the proper screenings washer sequence of operation. The screenings washer shall not operate with each screen discharge cycle. The screenings washer shall be set up to initiate after a successive number of screen cycles (accumulated runtime), as determined by the service technician. 556 HDR Project No. 10176456 City of Bozeman Solids Handling and Headworks Procurement Contract SCREENINGS WASHER 46 21 73 - 8 4.4 WARRANTY A. The manufacturer will warrant against any defects in material or workmanship to the bar screen and framework. This warranty will commence upon delivery of the products and will expire on the earlier to occur of two (2) year from initial operation of the product or 18 months from delivery thereof (the “Warranty Period”). END OF SECTION 557 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 1 SECTION 46 76 27 SCREW PRESSES PART 1 - GENERAL 1.1 SCOPE A. Owner shall furnish and Contractor shall install one (1) sludge dewatering screw press (1200- SPR-02) as indicated on the drawings. The screw press shall be manufactured from AISI 304Lstainless steel shapes. Fabrication and assembly shall be in conformance with these specifications and drawings. The screw press shall be owner provided. B. Contractor shall coordinate all details of the equipment with other related parts of the work, all delivery, offload, and verify that all structures, piping, wiring, and equipment components are compatible. Contractor shall be responsible for all structural and other alterations required to accommodate equipment differing in dimensions or other characteristics from these specifications and drawings. C. Contractor shall install the equipment according to instructions and recommendations of the equipment manufacturer. D. Power supply for main control panel is 460 V, 60 Hz, 3-phase. 1.2 REFERENCES A. American Society for Testing and Materials (ASTM) Publications: 1. Section A322: Carbon and Alloy Steel Bar Specifications. 2. Section A507-10: Standard Specification for Drawing Alloy Steel, Sheet and Strip, Hot- Rolled and Cold Rolled B. Anti-Friction Bearing Manufacturers Association (AFBMA) Publications: 1. Standard 9-90 Load Ratings and Fatigue Life for Ball 2. Bearings. 3. Standard 11-90 Load Ratings and Fatigue Life for Roller Bearings. C. American Institute of Steel Construction (AISC) Publications D. American Welding Society (AWS) Publications E. American Structures Painting Council (ASPC) Publications 1.3 SUBMITTALS A. The following information shall be submitted to the engineer. In accordance with Section 01 33 00, copies of all materials required to establish compliance with this Section. Submittals shall include the following: B. Product Data: Include the following: 1. Descriptive literature, brochures, catalogs, cut-sheets and other detailed descriptive material of the equipment. 2. Motor characteristics and performance information. 3. Gear reducer data including service factor, efficiency, torque rating, and materials. 4. Parts list including a list of recommended spare parts. C. Shop Drawings: Include the following: 1. Manufacturer’s installation drawings. 2. Wiring and schematic diagrams. D. Operations and maintenance manual: See Section 01 33 04. 558 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 2 E. Detailed installation instructions, with clear step-by-step points on the correct mechanical and electrical installation procedures. F. Equipment weights and lifting points. G. Recommendations for short and long term storage. H. A copy of the manufacturer’s warranty. I. A copy of documents proving certification of the Manufacturer’s Quality Management System according to ISO 9001 and Environmental Protection Management System according to ISO 14001. J. Failure to include all drawings applicable to the equipment specified in this section will result in rejection of the entire submittal with no further review. 1.4 QUALITY ASSURANCE A. To ensure quality, conformance, and reliability with regard to the manufacturing and production of the machinery described in this section, the equipment manufacturer shall meet the requirements listed in this section B. Manufacturer shall have established an ISO 9001 certified quality management system. C. Manufacturer shall have established an ISO 14001 certified environmental protection management system. D. All stainless steel components and structures shall be submersed in a chemical bath of nitric acid and hydrofluoric acid (pickling bath) to remove any residues that may be present on the material as a result of forming, manufacture, or handling. After removal from the pickling bath, the equipment must be washed with a high-pressure wash of cold water to remove any remaining surface debris and promote the formation of an oxidized passive layer which is critical to the long life of the stainless steel. No stainless steel components may be fabricated or assembled in a factory where carbon steel products are also fabricated, in order to prevent contamination by rust. E. Screw Press shall be manufacturer’s standard product and only be modified as necessary to comply with the drawings, specifications, and specified service conditions. F. All welding is performed in accordance with American Welding Society (AWS) D1.1 Structural Welding Code, or equivalent. G. Manufacturer shall provide screw press, motors, gear reducers, controls, control panels, and lifting attachments as a complete integrated package to ensure proper coordination, compatibility, and operation of the system. H. Manufacturer shall provide services by a factory-trained service technician, specifically trained on the type of equipment specified. Service technician requirements include, but are not limited to the following: 1. Service technician shall be present during initial energizing of equipment to determine directional testing as described in Section 4.01 C (Installation). 2. Service technician shall inspect and verify location of anchor bolts, placement, leveling, alignment and field erection of equipment, as well as control panel operation and electrical connections. 3. Service technician shall provide classroom and/or field training on the operation and maintenance of the equipment to operator personnel. 4. Manufacturer shall state field service rates for a service technician to owner and contractor. In the event that the field service time required by this section should not be sufficient to properly place the equipment into operation, additional time shall be purchased by contractor to correct deficiencies in installation, equipment, or material without additional cost to owner. 559 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 3 I. Manufacturer shall guarantee all equipment against faulty or inadequate design, improper assembly or installation, defective workmanship or materials, and breakage or other failure. Materials shall be suitable for service conditions. J. All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable engineering and shop practice. Individual parts shall be manufactured to standard sizes and thicknesses so that repair parts can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service prior to delivery, except as required by testing. K. Each major component of equipment shall have the manufacturer’s name, address and product identification on a nameplate securely affixed to the equipment. 1.5 DELIVERY, STORAGE, AND HANDLING OF EQUIPMENT A. Equipment shall be shipped and delivered fully assembled, except where partial disassembly is required in order to conform to transportation regulations or for the protection of components. B. Contractor shall be responsible for unloading and shall have equipment on-site at the time of delivery permitting proper hoisting of the equipment. 1.6 PRE-SUBMITTAL OF ALTERNATE EQUIPMENT A. Manufacturers of alternative equipment shall submit a pre-approval package to the engineer at least two (2) weeks prior to bid date. Alternative manufacturers shall submit the following information and supporting documentation: B. A complete set of drawings, specifications, catalog cut-sheets, and detailed descriptive material. Drawings shall show all relevant details of the unit. This information shall identify all technical and performance requirements stipulated on the drawings and in the specification. If the proposed equipment does not meet these specifications, any deviation from the specification must be expressly noted. All deviations shall be listed on a single document. C. Detailed installation drawings illustrating how the proposed screw press will be installed. The drawings shall include plan, elevation, and sectional views of the installation. Drawings shall include details of the injection ring, mixing valve, flocculation reactor, and details of the anchor bolt locations. D. Motor characteristics and performance information. Vendor data shall be furnished to confirm the torque and thrust rating of the drive. E. Complete reference list of all installations of same and similar equipment including contact names and phone numbers, showing at least 20 municipal installations of the same size as specified located in the United States. F. Complete bill of materials for all equipment, showing dimensions and materials of construction of all components. G. Certification by the manufacturer that all stainless steel equipment will be manufactured in a stainless steel only factory. H. Certification that the entire equipment will be passivated by submersion in an acid bath as specified in chapter 2.03. I. A copy of documents proving certification of the Manufacturer’s Quality Management System according to ISO 9001 and Environmental Protection Management System according to ISO 14001. J. Details of the control and instrumentation system including wiring diagrams. K. Information on equipment field erection requirements including total weight of assembled components and weight of each sub-assembly. 560 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 4 L. List of recommended spare parts. M. A maintenance schedule showing the required maintenance, frequency of maintenance, lubricants and other items required at each regular preventative maintenance period, including all buy-out items. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. HUBER Sludge Dewatering System Model Q-Press 800.2 from Huber Technology, Inc. B. Pre-approved alternate manufacturer(s), as per chapter 1.06. Alternates shall not be acceptable unless they have been pre-approved. 2.2 PERFORMANCE AND DESIGN REQUIREMENTS A. Sludge to be dewatered shall be well-mixed and well blended having the following characteristics: 1. Sludge: anaerobically digested a. Treatment Process: Secondary Clarifier b. Solids concentration: 2% c. Volatile solids: ≤ 70 % d. Sludge Retention Time, digester: ≥ 30 days e. Other sludge characteristics: 1) pH 6.5-7.5 2) Temperature 70 °F 3) Alkalinity ≥ 1,000 mg/L as CaCO3 4) TDS ≤ 1,000 mg/L 5) Phosphate ≤ 25 mg/L 6) Chloride ≤ 100 mg/L B. Each dewatering screw press shall be capable of dewatering 57 Gallons per Minute (GPM) of the specified municipal wastewater sludge to a final solids content of 16 %. The solids capture rate shall be a minimum of 95%. The polymer consumption shall not exceed 40 lbs. of active polymer substance per ton of sludge solids fed. C. The sludge dewatering plant consists of the following major parts: 1. Screw Press including support legs 2. Control Panel D. All parts of the dewatering press shall be designed and appropriate for the service specified and indicated and for continuous operation. E. Sufficient room for inspection, maintenance, repair and adjustment shall be provided. Contractor shall provide hoisting equipment to facilitate installation and maintenance work. F. The physical layout shown on the drawings is based on the Huber Q-Press 800.2. If equipment by another manufacturer is to be supplied, contractor shall include in the bid all necessary modifications to the piping, electrical, structural, and mechanical layouts to accommodate the equipment proposed. Also if equipment by another manufacturer is to be supplied the manufacturer must meet the requirements of section 1.06. Contractor shall pay engineer for all modifications of drawings. G. All parts shall be designed and manufactured to handle the forces that may be exerted on the screw press during fabrication, shipping, erection, and proper operation according to the O&M manual. H. All components shall be so arranged that they can be serviced from the operating floor. 561 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 5 I. All components shall be balanced so that jamming at any point will not result in structural failure, but will cause the drive motor to stall. All components, including the gear reducer, shall be designed to withstand, without damage or permanent distortion, the full stalling torque of the drive motor. 2.3 SLUDGE DEWATERING PRESS DESIGN SPECIFICATIONS A. MATERIALS 1. Sludge dewatering press shall be manufactured from AISI 304L stainless steel shapes (rods, angles, and channels), pipes, and sheets. In particular, wedge wire basket, screw, shaft, support legs, fasteners and anchor bolts shall be made of this material. 2. Press access covers shall be either stainless steel or a composite of acrylonitrile butadiene styrene (ABS) and poly(methyl methacrylate) (PMMA). Materials other than stainless steel shall be acceptable if the material meets the following requirements: a. Is not a structural load-bearing component. b. Is equal to or exceeds stainless steel’s resistance to wastewater environment chemicals. c.Is resistant to heat degradation up to 185°F (85°C). d. Is equal to or exceeds stainless steel’s resistance to UV degradation. e.Is resilient to impact 3. Wipers for helical screw flights shall be of wear resistant polyurethane (PU) material. Wipers must have a basket contact width of at least .315 in (8 mm).The wiper is held in place by stainless steel clamps and set screws which can be easily removed. The wiper shall have a self-contained a dampening mechanism to maintain constant contact with the basket while limiting wear. Wiper self-contained dampening mechanism shall compensate for up to 4mm of radial wiper wear. Brushes without this functionality shall not be accepted. B. DESIGN 1. The screw press shall be installed inclined (at 10º). Dewatering of the sludge takes place in a basket, which consists of three sections of wedge wire baskets. The overall basket length shall be 157.5 in (4,000 mm). The basket diameter shall be 31.5 in (800 mm). 2. The screw press support legs shall be capable of field adjustment for ease of installation. 3. The wedge wire basket shall provide a minimum free surface area of 10.7% of the active wedge wire surface area. Flanges and reinforcement bars, or supporting structures around the basket blocking the drainage of water shall be deducted from the active surface area. 4. Each section of the wedge wire basket shall be split in half along the length of the basket to allow for easy separation of the basket into halves for servicing of the wiper. The basket shall be fastened together using bolt fasteners made of stainless steel. The screw press shall be provided with alignment pins for ease of basket alignment during reassembly. The bottom half of the wedge wire basket shall remain inside of the machine during servicing of the wiper for ease of maintenance. Designs which require the bottom half of the basket to be removed from the machine for servicing the wiper will not be accepted. 5. The screw press shall be completely enclosed to prevent odor emission. The whole dewatering section and basket area shall be easily accessible through an inspection panels, which are mounted via hinges on the sides and quick release latches on the top of the machine. 6. A screw shall be installed inside of the screen basket. The screw transports the sludge from the inlet to the discharge area at the end of the pressure zone. Its shaft diameter shall be conical towards the discharge section of the machine. The flights of the helical screw shall be provided with a PU wiper to clean the wedge wire screen from the inside. 7. The screw shall be shafted and shall be made of stainless steel. A shaft-less screw is not acceptable. A bearing shall support the feed end of the screw shaft. Wear strips are notacceptable. 8. A screw drive shall be provided at the discharge side of the press. The nominal motor power shall be 5.0 hp. The motor speed shall be controlled with a Variable Frequency Drive (VFD). The drive unit shall be directly coupled to the screw shaft through a planetary gearbox. 562 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 6 9. A pressure sensor shall be installed at the inlet housing of the screw press. The pressure sensor provides a signal which is used to control the speed of the auger. The pressure in the inlet box shall automatically adjust the speed of the screw via the control system and the range for the pressure shall be adjustable at the HMI. Designs which do not control the screw speed based on the inlet pressure are not acceptable. 10. The cleaning of the wedge wire screen from the outside shall be performed by a rotating spray bar washing system utilizing a single drive (drive: 0.1 hp, 460 V, 3 phase) made of stainless steel piping and PVDF spray nozzles. The spray wash system shall be split into four sections, upper feed, lower feed, upper discharge, and lower discharge, to cover the entire area of the basket by rotating around the circumference of the basket. Its spraying shall cover the entire area of the screen and also cover the interior of the screw press housing. In total four solenoid valves control the flow to each section of the spray bar washing system. The spray bar washing sections shall have the ability to operate independently. Designs which do not rotate around the circumference of the basket over the entire length of the basket will not be accepted 11. To optimize wash water consumption, the spray bar system shall have the ability to perform a quick wash of only the lower basket and/or an extended wash of the entire basket. Designs which do not have the quick wash ability shall not be accepted. Contractor shall provide water supply piping to the manifold of the spray system that shall have a 1-¼ inch female threaded connection. The system shall include two (2) proximity switches to prevent over travel of the spray bar system. 12. Spray water supply shall be designed for a minimum flow of 40 GPM (can be filtered non- potable water, allowed particle size 800 microns at maximum 200 ppm) at a minimum pressure of 70 PSI. Water pressure at each nozzle of the spray bar shall be a minimum of 70 PSIG. Average spray water consumption shall not exceed 101 Gallons at 70 PSIG per wash cycle. 13. The spray wash system shall be designed to allow adjustability on two levels: timer and water demand (average per cycle). The timer and average water demand shall be adjustable at the HMl ranging from 50 to 101 Gallons per wash cycle. 14. A pneumatically actuated cone that serves for adjusting the pressure in the pressure zone shall be provided at the discharge end of the screening basket. The pressurized air supply shall be provided by the contractor. 15. The pneumatically actuated cone is controlled by a 5/2-way solenoid valve. The solenoid directs the pressurized air to the ports which engage or disengage the cone at the discharge of the screw press. The control valve shall be installed in a local control station which also houses the pressure control valve and the pressure switch. The switch monitors the availability of pressurized air. If the supply of pressurized air is interrupted, the switch shall send a signal to the PLC and an alarm message will be generated. 16. Sludge cake shall be automatically discharged through a rectangular sludge discharge opening. The discharge height shall be minimum 39 in above floor level. Designs with discharge lower than this minimum level will not be accepted. 17. Contractor shall provide a 6 in diameter drain line for the filtrate and connect it to the bottom drain connection of the screw press. The contractor shall also provide a 1.5 in flush connection with manual ball valve for the drain connection. 2.4 INTERNAL PIPING A. Contractor shall provide and install a sludge feed pump. The sludge feed pump shall be of the positive displacement type. The pump shall be controlled through a variable frequency controller (VFD) which is accepting a pacing signal from the screw press control panel, supplied by the manufacturer of the screw press. B. Contractor shall provide sludge feed pipe from the sludge feed pump (with VFD) through a magnetic-inductive flow meter through a polymer-dosing ring, polymer mixing valve. C. Polymer dosing ring and polymer mixing valve shall be supplied by the screw press manufacturer. 563 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 7 D. Pipe flocculator to be supplied by the contractor and shall provide a minimum retention time of 45 seconds at design flow for the polymer and sludge mixture. E. The design of the flocculation pipe reactor shall be approved by the screw press manufacturer. F. The size of the piping needs to take into account: maximum capacity, loading rate, minimum velocity in piping to avoid sedimentation and conditions which do not negatively impact t he flocculation process. 2.5 DRIVE A. The press screw shall be driven by a shaft mounted planetary gearbox and motor assembly. The planetary gearbox shall be bolted to a machined flange welded to the upper end of the press. B. The planetary gearbox shall be driven by a 1,680 rpm, 3-phase, 60 Hertz, 230/460 V, continuous-duty permanent magnet motor with a conduit box suitable for outdoor operation. The motor power shall be 5.0 hp. Motor efficiency shall exceed 75% over the complete operational range of the press. C. Spray wash system shall be driven by a gearbox connected to a 0.1 hp, 3-phase, 60 Hertz, 230/460 V motor. D. Drives shall be enclosed by protective FRP covers. E. The output speed of the spray wash motor gear reducer shall be 10.7 rpm at frequency of 60 Hz. F. Chain-drives, belt drives, hydraulic drives or a separate upper bearing for the transport screw will not be acceptable for this project. 2.6 AIR COMPRESSOR A. Provide one (1) portable air compressor as manufactured by Speedaire, model #1NNF4. B. Air compressor shall use an induction type motor rated for 2.0 Hp, 3,450 RPM, 120 V, 13.6 Amps. C. Tank shall be 13 gallons and include a ¼ in. NPT outlet. 2.7 CONTROLS AND INSTRUMENTATION A. The entire control system shall be provided by the Manufacturer of the Screw Press. B. The contractor shall provide wiring between all system components as required. C. The contractor shall provide separate power supplies as followed: 1. 460 V, 60 Hz, 3 phase power supply to the main control panel 2. 120 V, 60 Hz, single phase power supply to the air compressor. D. The dewatering system shall be full-automatic and shall include the following: 1. Main control panel for screw press 2. Magnetic-inductive flow meter for thin sludge feed 3. Automatic control for the pneumatic pressure cone E. A 460-V main control panel shall be provided in a NEMA 4X rated stainless steel enclosure. The enclosure shall be suitable for wall mounting, shall have hinged covers which swing horizontally and shall be held closed with 3-Point Latch , and shall include the following: 1. Main power disconnect switch (pad-lockable) 2. Control power transformer 3. Surge arrester 4. Control switches including screw drive H/O/A, F/O/R, Spray Drive H/O/A, and wash water solenoid valve H/O/A) 5. Allen-Bradley PowerFlex 525 VFD, with Ethernet, shall be provided to control the screw press main drive. a. The VFD shall be oversized as required to account for elevation derating. 564 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 8 6. Reversing motor starter including over-current and over-heat protection for the wash water spray drive. 7. Pressure sensor at the inlet of the screw press: 4-20 mA signal is sent to the PLC. The sensor shall also have a discrete relay output, freely adjustable at the sensor, indicating high pressure conditions at the screw press inlet. 8. Programmable logic controller (PLC) Allen Bradley CompactLogix with on-board Ethernet. 9. Operator Interface (OIU), Allen Bradley PanelView 600 with color touch screen and Ethernet communication. 10. Network data interface port: a. GFCI protected outlet and RJ45 network jack with NEMA 4X cover. b. Network jack connected to internal panel network switch. c. Used to connected laptop computer into network of control panel for troubleshooting and programming of the PLC and HMI. d. Hoffman – Intersafe Data Interface Ports, or equal. 11. The PLC shall have the capability to work as a data logger. The data logger shall document all important process parameter but not limited to the following list: a. Operation mode: OFF, dewatering, back wash, shutdown b. Drive operation: forward, reverse c. Sludge flow [GPM] d. Screw Speed e. Polymer pacing signal f. Pressure screw press inlet g. Press Motor amperage draw h. Set points: feed solids, polymer consumption, solid loading 12. Text messages displayed on touch screen: a. Over-current indications b. Spray bar washing system on c. Polymer dosing station status d. Running time meter for screw press and spray drive 13. Operating and warning lights for the following: a. Power on b. Dewatering system in operation c. Malfunction indication d. Reset button e. E-Stop button 14. Laminated plastic nametags shall be provided for the name of the control panel and all disconnects, switches, lights, and meters. 15. Terminal connections for interfacing with remote systems, shall include the following: a. Polymer Injection signals routed via the Plant Control System: 1) Inputs to Screw Press Control Panel: a) Dry 120VAC Rated, 2 amp Minimum (1) Polymer System In Remote (2) Polymer System Running (3) Polymer System Low Water Pressure (4) Polymer System Low Polymer Flow 2) Outputs from Screw Press Control Panel: a) Dry 120VAC Rated, 2 amp Minimum (1) Polymer System Call to Run 3) Analog Output 4-20 mA signal: a) Polymer Pacing Signal (Speed Command) b. Sludge Feed Pump VFD signals routed via the Plant Control System: 1) Inputs to Screw Press Control Panel: a) Dry 120VAC Rated, 2 amp Minimum (1) Sludge Pump In Remote (2) Sludge Pump Running 565 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 9 (3) Sludge Pump Common Fault b) Analog Input 4-20 mA signal: (1) Sludge flow [GPM] c. Outputs from Screw Press Control Panel: 1) Dry 120VAC Rated, 2 amp Minimum a) Sludge Pump Call to Run 2) Analog Output 4-20 mA signal: a) Sludge Pump Pacing Signal (Speed Command) d. SCADA Status: 1) Inputs to Screw Press Control Panel: a) Dry 120VAC Rated, 2 amp Minimum (1) Dewatering Mode Remote Start 2) Outputs from Screw Press Control Panel: a) Dry 120VAC Rated, 2 amp Minimum (1) Press Running (2) Press Fault (3) Dewatering Mode (4) System Disturbance (5) Spray Drive Running (6) Spray Drive Fault PART 3 - EXECUTION 3.1 INSTALLATION, START-UP AND OPERATOR TRAINING A. Contractor shall verify all dimensions in the field to ensure compliance of equipment dimensions with the drawings. Contractor shall notify engineer of significant deviations. B. Installation of the equipment shall be in strict accordance with the contract documents and the manufacturer’s instructions and shop drawings. Manufacturer shall supply anchor bolts for the equipment. Contractors shall install the anchor bolts in accordance with the manufacturer’s recommendations. C. After Installation touch-up paint shall be applied to all scratched, abraded and damaged shop painted surfaces. Coating type and color shall match shop painting. Contractor shall passivate all field welds. D. Supplier shall be responsible for the following: 1. Storage prior to delivery (if necessary) 2. Factor testing and certification of test results. 3. Notification 15 calendar days prior to shipment of equipment, and 48 hours prior to delivery of equipment. 4. Instruction manual, including off-loading, storage, and installation instructions. 5. Operation and maintenance data. 6. Vendor’s representative will be available to: a. Furnish installation supervision and assistance and Certificate of Proper Installation. b. Perform a check of the mechanical and electrical installation by Contractor before wet testing of installed equipment. c. Assist Contractor to conduct functional and performance testing and startup (commissioning assistance). d. Train Owner’s personnel. e. Assist with process startup. E. Supplier shall furnish the services of a factory-trained service technician for two (2) trips including a total of six (6) workdays to inspect the installation, observe start up, and provide operator training. 566 HDR Project No. 10176456 City of Bozeman WRF Solids Handling and Headworks Building Expansion SCREW PRESS 46 76 27 - 10 1. Equipment shall not be energized, or “bumped” to check the electrical connection for motor rotation without the service technician present. 2. The service technician shall make all necessary adjustments and settings to the controls. 3. The service technician shall demonstrate proper and sequential operation of the dewatering system. The dewatering system shall be able to operate fully automatically. 3.2 WARRANTY A. The manufacturer will warrant against any defects in material or workmanship to the screw press and framework. This warranty will commence upon delivery of the products and will expire on the earlier to occur of two (2) year from initial operation of the product or 18 months from delivery thereof (the “Warranty Period”). END OF SECTION 567 568 569 570 571 572 573 574 575 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis Towers Watson Southeast, Inc.c/o 26 Century BlvdP.O. Box 305191Nashville, TN 372305191 USA Huber Technology, Inc.1009 Airlie ParkwayDenver, NC 28037 Project: Bozeman Water Reclamation Facility Solids Handling Building Expansion Project. HDR Project No. 10176456; 2245 Springhill Road, Bozeman, MT. Equipment: One HUBER Q-Press 800.2 Screw Press and one HUBER Multi-Rake Bar Screen: RakeMax® J. City of Bozeman Engineering20 East Olive Street, #202,Bozeman, MT 59715 02/02/2021 1-877-945-7378 1-888-467-2378 certificates@willis.com XL Insurance America Inc 24554 Trumbull Insurance Company Twin City Fire Insurance Company 27120 29459 W20013614 A 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 Y US00106912LI21A 01/01/2021 01/01/2022 B 1,000,000 01/01/202201/01/202122 UEN AE0433 A 1,000,000 10,000 US00106913LI21A 01/01/2021 01/01/2022 1,000,000 22 WB AJ4L9XC 1,000,000No01/01/2021 01/01/2022 1,000,000 1,000,000 197192420667768SR ID:BATCH: Willis Towers Watson Certificate Center Page 1 of 2 576 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Huber Technology, Inc.1009 Airlie ParkwayDenver, NC 28037 Buyer = City of Bozeman, MT and Engineer = HDR Engineering, Inc., Buyer, Engineer, their consultants, and otherpersons or entities respective officers, directors, partners, employees, agents, and other consultants andsubcontractors of each and any of all are included as an Additional Insureds as respects to General Liability General Liability policy shall be Primary to any other insurance in force for or which may be purchased by AdditionalInsured. 2 2 Willis Towers Watson Southeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W20013614CERT:1971924BATCH:20667768SR ID:577 January 15, 2019 Officers’ Biographical Information Henk-Jan van Ettekoven President of HUBER Technology, Inc. USA On July 22, 2014, Henk-Jan van Ettekoven took over the position of President of HUBER Technology, Inc., the US based headquarters for German manufacturer of wastewater equipment, HUBER SE. Henk-Jan previously served as the Director of Service & Manufacturing for HUBER Technology, Inc. based in Huntersville NC. He started in February 2007 where he oversaw and grew the aftermarket Sales and Service for the North American market. Henk-Jan’s international career spans more than 25 years where he worked in the United States, Latin America and Europe in field service, logistics, and management roles that includes deep industrial operations management experience, and business development. He currently resides in Charlotte. Jacqueline Steele Secretary of HUBER Technology, Inc. USA Jacqueline Steele joined Huber Technology, Inc. in December of 2001. In 2015, Jacqueline accepted the position of Executive Administration Manager. She has held multiple positions within the company including Aftermarket Service Coordinator and Staff Accountant. Jacqueline has over 30 years of management and customer service experience. Jacqueline holds a Bachelor of Science degree in Hotel and Resort Management from Rochester Institute of Technology. She is a native of New York and currently resides in Mooresville, NC. 578 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign an Amendment 1 to a Professional Services Agreement with Sanderson Stewart to Provide Final Design and Construction Engineering Services for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment 1 to a professional services agreement with Sanderson Stewart to provide final design and construction engineering services for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The intersection of Kagy Boulevard and South 11th Avenue has been experiencing operational delays, particularly for vehicles turning left from South 11th Avenue in the PM peak hour. Kagy Boulevard is planned to be reconstructed in fiscal year 2025 and 2026 per Street Impact Fee Project Number SIF009. This project was originally scheduled to be constructed several years ago. The operational conditions have developed within the last year to 18 months and appear to be influenced by a number of factors including the closure of Grant Street for the construction of Romney Hall, increased pedestrian volumes generated by developments in the South University District, and increased through vehicle volumes from the South 11th Avenue connection to Graf Street that was completed several years ago. Sanderson Stewart was selected through a request for qualifications to provide professional services to evaluate potential intermediate solutions to the operational delays at the intersection. Sanderson Stewart has completed their analysis of the intersection and developed recommendations based on their analysis. Their recommendations include making changes to the signal phasing at the intersection of Kagy Boulevard and South 11th Avenue to include protected left turns for both north and south bound S 11th Avenue. Their recommendations also include the installation of a pedestrian hybrid 579 beacon or HAWK signal at the pedestrian crossing for the MSU stadium. Amendment 1 is for final design, bidding, construction administration, and inspection services to implement the recommendations. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The contract with Sanderson Stewart for this work is a time and materials contract. The fees for this will be paid from the Street Maintenance Fund Project Number STR91. The fee for Amendment 1 that includes the final design, bidding, construction administration, and inspection services is $41,580. Attachments: 20210323_Kagy Boulevard PSA Amendment No 1.docx 20210323_Kagy_Design_SOW.pdf 20210323_Labor Summary - Kagy Boulevard Design Phase.pdf Report compiled on: March 11, 2021 580 First Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project dated June 8, 2020 (the “Agreement”) is made and entered into this 23rd day of March, 2021, 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,” Sanderson Stewart, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Scope of services, rate schedules, and budget for design services are outlined in Attachment “Exhibit A - Scope of Work.” 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 581 First Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project 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 SANDERSON STEWART By________________________________By_____________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E. Title: Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 582 Exhibit A Kagy Boulevard : Signal Timing Analysis & Pedestrian Hybrid Beacon Scope of Work – Design Phase 1/27 /2 1 Sanderson Stewart is pleased to provide this scope of work for the Kagy Boulevard Signal Timing Analysis & Pedestrian Hybrid Beacon project. This project will consist of preliminary design and final design services for the Kagy Boulevard project. A detailed scope of services for these design tasks is outlined below. Construction bidding and construction administration services will be provided through a separate contract amendment once the construction schedule has been determined. Phase 1 - Project Initiation This stage of the project will include all project initiation and planning tasks, including scoping, contract preparation, and meetings with the City of Bozeman. All project management tasks, client meetings and coordination for tasks beyond project initiation will be allocated to the remaining project phases. Phase 2 – Topographic Survey A detailed topographic survey of the project area was completed for the 2017 Kagy Boulevard Interim Improvements project using a combination of GPS, scanning and total station techniques. Survey tasks for this project will include GPS survey pickups as needed at the intersection of Kagy Boulevard/11th Avenue and the Fieldhouse access. Additional pre-survey research will be conducted as required, utility locates will be requested, and survey control will be re-set if needed. Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the City of Bozeman, MDT, and private utilities. Base drawings in Autocad format will be updated with the additional pick-up topo points. Base drawings will be prepared in Montana State Plane coordinates to be consistent with the previous projects along Kagy Boulevard. Phase 3 – Utility Coordination Private utility coordination is anticipated to consist primarily of coordination with NorthWestern Energy for the service location from the existing power lines along Kagy Boulevard for the proposed HAWK Signal improvements. Tasks include correspondence and up to two meetings with NorthWestern Energy. Phase 4 – Traffic Signal Modification and HAWK Signal Design This phase of the project will include preparation of electrical plans for the traffic signal modifications at the Kagy Boulevard/11 th Avenue intersection and for the HAWK Signal design at the Kagy Boulevard/Fieldhouse intersection. The traffic signal modifications are anticipated to include minor adjustments to the existing intersection to allow a protected/permissive southbound left-turn. The HAWK signal design will include the proposed signal pole/mast arm layout, conduit, pull boxes, controller and service location. It is anticipated that 583 the existing ADA accessibility ramps will remain in place and the pull boxes/conduit installed under Kagy Boulevard with the Interim Improvements project will be utilized as part of the signal design. This phase will also include conduit fill calculations and electrical detail sheets. Details and electrical specifications will also be provided. Phase 5 – Preliminary PS&E Submittal All of the above information will be compiled into a preliminary set of plans, specifications and opinion of probable cost for review by the City of Bozeman. Plans will include existing/demolition plans, details, signing and striping plans, and electrical plans. Sanderson Stewart will prepare special provisions and a specifications manual including the templates for bid documents. A preliminary engineer’s opinion of probable cost (with contingency allowance) will also be provided with this review submittal. Erosion control plans, traffic control plans, landscape and irrigation plans are not included in this scope of work. Phase 6 – Final PS&E Submittal Sanderson Stewart will address all review comments received from the City of Bozeman and through Sanderson Stewart’s internal quality control review, provide final coordination between disciplines and with utilities, and prepare final plans, specifications and an engineer’s opinion of probable cost. The final deliverable will include electronic (PDF) copies of all submittal documents, as well as up to six (6) hard copies. The following items are specifically excluded from the scope of work for this phase of the project and will be addressed with a contract amendment if needed: · Landscape restoration and irrigation plans (by special provision only) · Construction administration, bidding and inspection services · Construction staking · Stormwater report · Stormwater Pollution Prevention Plan (SWPPP) permit · Wetland permitting and mitigation (to be determined after wetland delineation is complete) · DEQ permitting related to water/sewer extensions · Erosion control plans · Traffic control plans · Public meetings or presentations · Retaining wall design Schedule The anticipated schedule for this phase of the project consists of a preliminary PS&E submittal within 2 months of notice to proceed. 584 Labor Category Total Plan Hours Total Plan Bill Amt Plan Name: Kagy Boulevard - Design Phase Task: Client Consultation & Meetings Senior Engineer I 1.00 145.00 Task: Project Scoping Senior Engineer I 4.00 580.00 Project Administrator 1.00 85.00 Principal 2.00 410.00 Task: Project Planning Project Administrator 1.00 85.00 Senior Engineer I 2.00 290.00 Total for Project Initiation 11.00 1,595.00 Task: Project Mgmt & Coordination Senior Engineer I 1.00 145.00 Senior Professional Land Surveyor 2.00 290.00 Task: Pre-Survey Preparation & Research Senior Professional Land Surveyor 2.00 290.00 Task: Survey Computation Senior Professional Land Surveyor 2.00 290.00 Task: Survey Control Senior Professional Land Surveyor 1.00 145.00 Staff Surveyor II 4.00 420.00 Task: Topographic Survey Staff Surveyor II 8.00 840.00 Task: Draft Topo & Base Plan Senior Designer I 4.00 400.00 Staff Surveyor II 4.00 420.00 Task: QC Review Senior Professional Land Surveyor 1.00 145.00 Total for Topographic Survey 29.00 3,385.00 Phase: Utility Coordination Task: Project Mgmt & Coordination Project Engineer II 2.00 250.00 Senior Engineer I 2.00 290.00 Task: NWE Coordination Project Engineer II 4.00 500.00 Senior Engineer I 4.00 580.00 Total for Utility Coordination 12.00 1,620.00 Phase: Traffic Signal Modification and HAWK Signal Design Task: Project Mgmt & Coordination Senior Engineer I 16.00 2,320.00 Task: Traffic Signal Modifications Designer I 10.00 950.00 Project Engineer I 16.00 1,920.00 Senior Engineer I 8.00 1,160.00 Kagy Boulevard Signal Timing Analysis & Pedestrian Hybrid Beacon Design Phase Phase: Project Initiation Phase: Topographic Survey 585 Task: Signal Timing Plan Project Engineer I 8.00 960.00 Senior Engineer I 2.00 290.00 Task: HAWK Signal Design Designer I 8.00 760.00 Project Engineer I 32.00 3,840.00 Senior Engineer I 4.00 580.00 Task: QC Review Principal 2.00 410.00 Senior Engineer I 2.00 290.00 Subtotal 108.00 13,480.00 Total for Traffic Signal Modification & HAWK Signal Design 108.00 13,480.00 Phase: Preliminary PS&E Submittal Task: Project Mgmt & Coordination Senior Engineer I 12.00 1,740.00 Task: Client Consultation & Meetings Senior Engineer I 2.00 290.00 Task: Complete Preliminary Design Package Designer I 32.00 3,040.00 Project Engineer I 16.00 1,920.00 Task: Specification Manual & Bid Documents Senior Engineer I 8.00 1,160.00 Project Administrator 8.00 680.00 Project Engineer I 8.00 960.00 Task: Cost Estimate Project Engineer I 8.00 960.00 Senior Engineer I 4.00 580.00 Staff Engineer I 8.00 800.00 Task: QC Review Principal 2.00 410.00 Senior Engineer I 4.00 580.00 Subtotal 112.00 13,120.00 Expenses 1,000.00 Total for Preliminary PS&E Submittal 112.00 14,120.00 Phase: Final PS&E Submittal Task: Project Mgmt & Coordination Senior Engineer I 4.00 580.00 Task: Client Consultation & Meetings Senior Engineer I 2.00 290.00 Task: Address Comments & Complete Final Design Designer I 8.00 760.00 Senior Engineer I 2.00 290.00 Project Engineer I 16.00 1,920.00 Task: Specifications Manual & Bid Documents Senior Engineer I 4.00 580.00 Project Administrator 4.00 340.00 Project Engineer I 2.00 240.00 Task: Cost Estimate Project Engineer I 4.00 480.00 Staff Engineer I 2.00 200.00 Task: QC Review Principal 2.00 410.00 586 Senior Engineer I 2.00 290.00 Subtotal 52.00 6,380.00 Expenses 1,000.00 Total for Final PS&E Submittal 52.00 7,380.00 Total for Kagy Boulevard Design Services 324.00 41,580.00 587 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign an Updated Task Order 14 with Sanderson Stewart for Right-of-Way Acquisition for the Shared Use Path Along North 19th Avenue MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an updated task order 14 with Sanderson Stewart for right-of-way acquisition for the shared use path along North 19th Avenue. 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:City staff is working on the design of two infill segments of shared use path along North 19th Avenue. In order to construct the improvements, there are two (2) parcels along the corridor that will require permanent and temporary easements. The City has a term contract with Sanderson Stewart for right-of-way acquisition services. Task Order 14 will add to that existing contract. Task Order 14 was authorized at the February 9, 2021 City Commission meeting. The version of Task Order 14 that was submitted by staff for that meeting was dated December 4, 2020 and was the incorrect version. The attached version, dated January 4, 2021 adds the work associated with obtaining a wider easement on one parcel that is necessary for this work. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The proposed fee for the scope of work outlined in these task orders is paid on a time and materials basis with a not to exceed total cost provision. The not to exceed amount for the updated Task Order 14 is $13,615.00. The funds for this are available from and will be drawn from SIF001, Right-of- 588 Way-Acquisition. Attachments: updated Task Order 14 with Sanderson Stewart for Right of Way services for N 19th Ave pathway infill.pdf Report compiled on: March 11, 2021 589 _____ Initials January 4, 2021 Mr. Taylor Lonsdale, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services Project Scope of Services – Task Order No. #14 North 19 th Avenue Shared Use Pathway Dear Mr. Lonsdale: Sanderson Stewart is pleased to provide this scope of services for land agent services for street and utility improvements for the North 19 th Avenue corridor. These services are to be performed under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please execute this agreement where noted. Overview We understand the City of Bozeman intends to construct shared use pathway improvements in the North 19 th Avenue corridor in the near future. The future project improvements will provide improved public transportation multimodal facilities. To facilitate the improvements, additional permanent right-of-way is required. Sanderson Stewart will provide professional right-of-way (R/W) acquisition services to acquire new R/W for the project as shown on the attached Figure 1. Scope of Services Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research This task includes the preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 include the following: · Coordination meeting with the project team members · Obtain current deeds/easement and ownership information for Parcels 1-4. 2. Initial Property Owner Contact This task includes initiating coordination efforts with affected property owners. Subtasks under Item 2 include the following: · Compile contact information for Parcels 2 and 4 only. TG 590 Mr. Taylor Lonsdale January 4, 2021 Page 2 _____ Initials · Initiate contact with owners of Parcels 2 and 4. 3. R/W Mapping & Exhibits This task consists of the preparation of R/W exhibits and figures. Subtasks under Item 3 include the following: · The City has prepared and provided the proposed trail easement document and exhibit for Parcel 2 and will complete and provide the trail easement document for Parcel 4. Sanderson Stewart will use the prepared easements and exhibits for negotiations. · Prepare preliminary graphical figures for Parcels 2 and 4 showing proposed R/W acquisition areas. · QA/QC of graphical figure 4. Title Commitments This task consists of the preparation of title commitments for affected property interests. Subtasks under Item 4 include the following: · Title commitments will be secured for Parcels 2 and 4. · Team coordination 5. Appraisals and Valuations This task includes the preparation of valuation documents to value the property rights to be acquired. Subtasks under Item 5 include the following: · Waiver valuations will be completed for Parcels 2 and 4 by Sanderson Stewart for simple acquisitions. · Team coordination · QA/QC of waiver valuations 6. Prepare Contracts This task includes the preparation of the offer packages to acquire R/W, including agreements, easements, temporary construction permits, exhibits, figures, and correspondence letters. Subtasks under Item 6 include the following: · The City has prepared and provided the proposed trail easement document and exhibit for Parcel 2 and will prepare/provide the easement document for Parcel 4. Sanderson Stewart will use the prepared easements and exhibits for negotiations. · Prepare acquisition documents including R/W agreements, maps and project information. · Prepare acquisition cost details and summary. TG 591 Mr. Taylor Lonsdale January 4, 2021 Page 3 _____ Initials · Compile complete offer packages to acquire easements for Parcels 2 and 4. · QA/QC of documents. 7. Acquisitions This task includes conducting the acquisition meetings with affected property owners and modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7 include the following: · Conduct acquisition meetings (minimum of 3 meetings per parcel). · Conduct acquisition meetings with property owners of Parcels 2 and 4. · Prepare final acquisition documents and costs for Parcels 2 and 4. · QA/QC of documents. 8. R/W and Design Plan Updates This task is not included in this scope of services. 9. Relocation Services This task is not included in this scope of services. 10. Title Clearing and Closing This task includes coordinating and completing the title closing process with the title company. Subtasks under Item 10 include the following: · Prepare final title transfer documents and complete closing meetings for Parcels 2 and 4. · Obtain mortgage releases, clear taxes and liens, as required. · Submittal of completed R/W acquisition offer packages for Parcels 2 and 4 to the City for review and execution. · Attend closing meeting. · Team coordination. 11. Final Submittal and Closeout This task includes the final project activities to finalize and submit executed acquisition documents. Subtasks under Item 11 include the following: · Prepare completed R/W acquisition project submittal packet. · Deliver completed title transfer documents. · Project closeout. TG 592 Mr. Taylor Lonsdale January 4, 2021 Page 4 _____ Initials 12. Contingency The scope of services for this project includes all the necessary steps to acquire property interests from private owners. A majority of the acquisition process relies on good cooperation and timely responses from all parties involved in the process. Due to the nature of coordination activities, the amount of time required to work with individual property owners varies significantly. This task serves to capture the potential additional costs incurred during the acquisition process due to challenging coordination activities with property owners. 13. Project Administration This task includes activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 13 include the following: · Project status updates · Budget and schedule monitoring and planning · Invoicing and billing The following items are not included in the scope of services or project budget for this project and are therefore specifically excluded from this scope of services: · Engineering or right-of-way design services · Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings · Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements · Relocation costs paid to property owners as detailed in R/W acquisition agreements If needed, these items will be added as a separate task order or contract amendment. Services not set forth above as basic services are specifically excluded from the scope of Sanderson Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not specifically listed as basic services. Additional services are not included in the basic services. If the Client and Sanderson Stewart agree in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. TG 593 Mr. Taylor Lonsdale January 4, 2021 Page 5 _____ Initials Project Schedule Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W acquisition activities in as short amount of time as necessary. The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement. Sanderson Stewart will perform these services with reasonable diligence and expediency consistent with sound professional practices. Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $13,615.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition 1. Project Research $910.00 2. Initial Property Owner Contact $580.00 3. R/W Mapping & Exhibits $580.00 4. Title Commitments $845.00 5. Appraisals and Valuations $2,490.00 6. Prepare Contracts $2,200.00 7. Acquisitions $3,230.00 8. R/W and Design Plan Updates $0.00 9. Relocation Services $0.00 10. Title Clearing and Closing $725.00 11. Final Submittal and Closeout $520.00 12. Contingency $870.00 13. Project Administration $665.00 Total $13,615.00 Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work TG 594 Mr. Taylor Lonsdale January 4, 2021 Page 6 _____ Initials was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Conclusion Mr. Lonsdale, we look forward to working with you on this very exciting project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis St Suite 2B, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR ® Senior Engineer / Right-of-Way Specialist TG Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG 595 Mr. Taylor Lonsdale January 4, 2021 Page 7 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG Tony Gaddo Project Manager 1/4/2021 596 F I G U R E 1 N O R T H 0 1 0 0 S C A L E : 1 " = 2 0 0 ' 2 0 0 1 0 0 PARCEL 1 P A R C E L 2 P A R C E L 3 P A R C E L 4 597 F I G U R E 1 N O R T H 0 1 0 0 S C A L E : 1 " = 2 0 0 ' 2 0 0 1 0 0 PARCEL 1 P A R C E L 2 P A R C E L 3 P A R C E L 4 598 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT:Authorize the City Manager to Sign a Task Order Number 17 for the Right-of- Way Acquisition Project for West Babcock Street from 11th Avenue to 19th Avenue MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign a task order number 17 for the Right-of- Way Acquisition Project for West Babcock Street from 11th Avenue to 19th Avenue. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the partially executed Task Order Number 17 with Sanderson Stewart for the Right-of-Way Acquisition Project for West Babcock Street from 11th to 19th. The City has a term contract with Sanderson Stewart for right-of-way acquisition services. This task order has two main tasks. The first is to provide title reports for 23 of the properties along the corridor. This is being done to identify all ownership, existing easements to reduce survey costs and help with future right of way negotiations. The other part of this task order is to complete preliminary valuations for the needed right of way and easements along the corridor. This is being done for budgetary purposes as well as to aid in decisions on proposed improvements in the first phase of the project. A future task order will be processed to complete the necessary acquisitions when the design is further along and right of way needs better defined. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The proposed fee for this scope of work is paid on a time and materials basis with a total cost not to exceed amount of $12,820.00. 599 Attachments: ROW Acquistion Task Order 17.pdf Report compiled on: March 9, 2021 600 _____ Initials March 3, 2021 Mr. Bob Murray, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services Project Scope of Services – Task Order No. #17 West Babcock Street (19 th -11 th ) R/W Pre-Acquisitions Dear Mr. Murray: Sanderson Stewart is pleased to provide this scope of services for land agent services for street and utility improvements for the West Babcock Street corridor from South 19th Avenue to South 11th Avenue. These services are to be performed under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please execute this agreement where noted. Overview We understand the City of Bozeman intends to construct street and utility improvements in the West Babcock Street corridor in the near future. The future project improvements will provide improved public transportation and utility facilities to cover current and future development growth in the central part of Bozeman. To facilitate the improvements, a Preliminary R/W Report documenting expected R/W impacts and costs will be prepared. Sanderson Stewart will provide professional right-of-way (R/W) acquisition services to prepare a R/W report for the project as shown on the attached Figure 1. Scope of Work Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research This task includes the preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 include the following: · Coordination meeting with the project team members · Obtain current deeds and ownership information. TG 601 Mr. Bob Murray March 3, 2021 Page 2 _____ Initials 2. Title Commitments This task consists of the preparation of title commitments for affected property interests. Subtasks under Item 2 include the following: · Title commitments will be secured for 23 parcels (Parcels 20 to 42). Given the number of title reports, more than one title company be utilized. · Team coordination 3. R/W Acquisition Map This task consists of the preparation of R/W maps to acquire property interests. Subtasks under Item 3 include the following: · The City of Bozeman will provide any available proposed design and right-of-way plans/drawings for the project area, if applicable. · Review proposed R/W acquisition areas assuming permanent easements and temporary construction permits for 23 parcels of land (Parcels 20 to 42), as required. The proposed permanent R/W width of West Babcock Street is anticipated to be 90’ wide. Easements and permits will be assumed to be 15’ and 20’ wide, respectively. · Prepare a preliminary R/W map showing proposed easement and permit linework for affected parcels to be used for project planning. The R/W map is anticipated to show affected parcels on two 11”x17” plan sheets. · QA/QC of R/W map 4. R/W Cost Estimate This task includes the preparation of a R/W cost estimate for project planning. Subtasks under Item 4 include the following: · A R/W cost estimate will be prepared to estimate the costs required to acquire permanent and temporary R/W on 23 parcels of land (Parcels 20 to 42). The estimate will include: o Estimated preliminary R/W areas required for affected parcels. The estimate will detail anticipated R/W impact areas for each parcel based on preliminary design plans, if available. o Estimated land values for acquisitions. The land values will be determined by analyzing real estate market trends and utilizing recent sales information. o Any costs anticipated due to private property improvement impacts. An estimated cost-to-cure amount will be provided, as required. · Team coordination · QA/QC of cost estimate TG 602 Mr. Bob Murray March 3, 2021 Page 3 _____ Initials 5. Preliminary R/W Report This task includes the preparation of a preliminary R/W report. Subtasks under Item 5 include the following: · The R/W report will provide a summary of the project area, document the last deed of records and corresponding title reports, address anticipated R/W acquisition needs, estimated costs, and summary of anticipated private property improvement impacts. Appendices will include documentation gathered for estimated land value costs and impacts. · QA/QC of R/W report 6. Project Administration This task includes activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 6 include the following: · Project status updates · Budget and schedule monitoring and planning · Invoicing and billing The following items are not included in the scope of services or project budget for this project and are therefore specifically excluded from this scope of services: · Engineering or right-of-way design services · Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings · Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements · Relocation costs paid to property owners as detailed in R/W acquisition agreements If needed, these items will be added as a separate task order or contract amendment. Services not set forth above as basic services are specifically excluded from the scope of Sanderson Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not specifically listed as basic services. Additional services are not included in the basic services. If the Client and Sanderson Stewart agree in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the TG 603 Mr. Bob Murray March 3, 2021 Page 4 _____ Initials contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. Project Schedule Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W acquisition activities in as short amount of time as necessary. The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement. Sanderson Stewart will perform these services with reasonable diligence and expediency consistent with sound professional practices. Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $12,820.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. 1. Project Research $1,280.00 2. Title Commitments $580.00 3. R/W Acquisition Map $1,015.00 4. R/W Cost Estimate $785.00 5. Preliminary R/W Report $1,740.00 6. Project Administration $520.00 Title Commitments (23 reports) $6,900.00 Total $12,820.00 Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. TG 604 Mr. Bob Murray March 3, 2021 Page 5 _____ Initials Conclusion Mr. Murray, we look forward to working with you on this very exciting project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 106 East Babcock St., Suite L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR ® Senior Engineer / Right-of-Way Specialist TG Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG 605 Mr. Bob Murray March 3, 2021 Page 6 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG Tony Gaddo Project Manager 3/3/2021 606 F I G U R E 1 N O R T H 0 5 0 S C A L E : 1 : 1 0 0 _ X R E F 1 0 0 5 0 PARCEL 9 P A R C E L 1 6 P A R C E L 1 7 P A R C E L 1 8 PARCEL 10 P A R C E L 1 2 P A R C E L 1 3 P A R C E L 1 4 P A R C E L 1 5 PARCE L 1 1 P A R C E L 1 9 PARCEL 20PARCEL 21 P A R C E L 2 2 P A R C E L 2 3 P A R C E L 2 4 P A R C E L 2 5 P A R C E L 2 6 P A R C E L 2 7 PARCEL 27PARCEL 28 P A R C E L 2 9 PARCEL 30PARCEL 31PARCEL 32 P A R C E L 3 4 P A R C E L 3 6 P A R C E L 3 7 P A R C E L 3 8 P A R C E L 3 9 P A R C E L 4 0 P A R C E L 4 2 PARCEL 33 P A R C E L 3 5 P A R C E L 4 1 607 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Provisional Adoption of Ordinance 2068, to Amend 19 Acres from B-2 Community Business District to B-2M Community Business District - Mixed, Located Approximately 650 feet West of the Intersection of Huffine Lane and Cottonwood Road, Baxter Creek 2021 Zone Map Amendment, Application 20387 MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Provisional adoption of Ordinance 2068 to Amend 19 Acres from B-2 Community Business District to B-2M Community Business District - Mixed. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission conducted their public hearing on the preliminary approval of this amendment on February 9, 2021. There was no public comment and the application received unanimous approval. Analysis of review criteria and Zoning Commission recommendation on the application is included in the packet for the February 9, 2021 public hearing. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2068.docx BAXTER CREEK 2021 ZMA- MAP.pdf Report compiled on: March 4, 2021 608 Ord 2068 Page 1 of 4 ORDINANCE 2068 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE ZONING DESIGNTION ON 19 ACRES FROM B-2 COMMUNITY BUSINESS TO B-2M COMMUNITY BUSINESS DISTRICT- MIXED, BAXTER CREEK 2021 ZONE MAP AMENDMENT, APPLICATION 20387. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Division 260, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on January 25, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20387, the Baxter Creek 2021 Zone Map Amendment, be approved as requested by the applicant; and 609 Ordinance No. 2068, Baxter Creek Zone Map Amendment Page 2 of 4 WHEREAS, after proper notice, the City Commission held its public hearing on February 9, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Business District - Mixed: Located in a portion of the southeast 1/4 of the southeast 1/4 of Section 9, Township 2 South, Range 5 East, P.M.M. City of Bozeman Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 1/16th corner of Sections 9 & 16, thence N 47°55'22" E a distance of 56.02 ' to the centerline of Huffine Line, and the Point of Beginning. thence N 00°52'59" E a distance of 1325.46' to the centerline of Fallon Street; thence along said centerline N 89°03'42" E a distance of 621.90'; thence leaving said centerline, S 00°42'43" W a distance of 1329.58' to the centerline of Huffine Lane; thence along said centerline, S 89°27'00" W a distance of 625.75' to the Point of Beginning. Having an area of 827,830 square feet, 19.00 acres, more or less. 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 610 Ordinance No. 2068, Baxter Creek Zone Map Amendment Page 3 of 4 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 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. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments” 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 23rd day of March 2021. 611 Ordinance No. 2068, Baxter Creek Zone Map Amendment Page 4 of 4 ____________________________________ CYNTHIA L. ANDRUS 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 6th of April 2021. The effective date of this ordinance is __________ __, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 612 N 89°03'42" E 663.01' Competition Drive Fallon Street Huffine Lane Norton E a s t R a n c h S u b d i v i s i o n P H 4 Park, B l o c k 1 5 Zonin g : R - O R e s i d e n t i a l O f f i c e D i s t r i c t Norton E a s t R a n c h S u b d i v i s i o n P H 4 Lot R4 , B l o c k 1 5 Zonin g : R - O R e s i d e n t i a l O f f i c e D i s t r i c t B-P Bu s h i n e s s P a r k J & D F a m i l y M a j o r S u b d i v i s i o n P H 2 R-2, Zo n i n g : R - O R e s i d e n t i a l O f f i c e D i s t r i c t J & D F a m i l y M a j o r S u b d i v i s i o n P H 1 Com m o n O p e n S p a c e A Zo n i n g : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t J & D F a m i l y M a j o r S u b d i v i s i o n P H 1 Lot 1, B l o c k 2 Zoning : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t J.C. B i l l i o n A u t o P l a z a S u b d i v i s i o n Lot 1A , B l o c k 3 Zoning : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t J.C. B i l l i o n A u t o P l a z a S u b d i v i s i o n Lot 2A , B l o c k 1 Zoning : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t J.C. B i l l i o n A u t o P l a z a S u b d i v i s i o n Storm W a t e r C o m m o n O p e n S p a c e A Zoning : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t J.C. B i l l i o n A u t o P l a z a S u b d i v i s i o n Lot 4A , B l o c k 1 , C o m m o n A r e a Zonin g : B - 2 C o m m u n i t y B u s i n e s s D i s t r i c t Ad v a n c e D r i v e Lo y a l G a r d e n S u b d i v i s i o n P H 1 A Op e n S p a c e N Zo n i n g : R - 3 R e s i d e n t i a l M e d i u m D e n s i t y Lo y a l G a r d e n S u b d i v i s i o n P H 1 A Op e n S p a c e O Zo n i n g : R - 3 R e s i d e n t i a l M e d i u m D e n s i t y Loyal G a r d e n S u b d i v i s i o n P H 1 A Lot 11 , B l o c k 1 Zoning : R - 4 R e s i d e n t i a l H i g h D e n s i t y Loyal G a r d e n S u b d i v i s i o n P H 1 A Open S p a c e P Zoning : R - O R e s i d e n t i a l O f f i c e C/S #1 4 5 6 Tract 1 Zoning : U n z o n e d N 0 0 ° 5 2 ' 5 9 " E 13 3 2 . 3 2 ' SE 1/16th Corner Section 9 FND aluminum cap E 1/16th Corner Section 9 & 16 Re-established from Loyal Gardens Plat S 89°11'52" W 1333.88' E 1/16th Corner Section 9 & 16 Re-established from Loyal Gardens Plat Norton E a s t R a n c h S u b d i v i s i o n P H 1 Lot 1, B l o c k 1 1 Zoning : R - 4 R e s i d e n t i a l H i g h D e n s i t y N 0 0 ° 5 2 ' 5 9 " E 13 2 5 . 4 6 ' S 89°27'00" W 625.75' S 0 0 ° 4 2 ' 4 3 " W 13 2 9 . 5 8 ' N 89°03'42" E 621.90' 827831 Sq. Feet 19.00 Acres P.O.B. N 47°55'22" E 56.02' S S S SSS HYD HYD HYD SCALE BARBASIS OF BEARING Baxter Creek 2021 Zone Map Amendment Located in a portion of the southeast 14 of the southeast 14 of Section 9, Township 2 South, Range 5 East, P.M.M. City of Bozeman Gallatin County, Montana 2 3 0 4 N. 7th A V E S T E L , B O Z E M A N , M T 5 9 7 1 5 P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5 w w w . h y a l i t e e n g . c o m 0'100'200'300' DRAWN SJM DATE 2/16/2021 ZONING AMENDMENT MAP SCALE 1"=100' SHEET 1 0F 1 PROJECT NUMBER 203430 1/4 SEC T R 9 2S 5EGeodetic North based on the Bobcat LDP LAT. 46°15'00.00" NORTH LONG. 111°15'00.00" WEST LEGAL DESCRIPTION Located in a portion of the southeast 14 of the southeast 14 of Section 9, Township 2 South, Range 5 East, P.M.M. City of Bozeman Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 1/16th corner of Sections 9 & 16, thence N 47°55'22" E a distance of 56.02 ' to the centerline of Huffine Line, and the Point of Beginning. thence N 00°52'59" E a distance of 1325.46' to the centerline of Fallon Street; thence along said centerline N 89°03'42" E a distance of 621.90'; thence leaving said centerline, S 00°42'43" W a distance of 1329.58' to the centerline of Huffine Lane; thence along said centerline, S 89°27'00" W a distance of 625.75' to the Point of Beginning. Having an area of 827,830 square feet, 19.00 acres, more or less. CERTIFICATE OF SURVEYOR I, the undersigned, Shannon J. Marinko, Registered Land Surveyor, do hereby certify that this Zoning map and legal description were prepared by me. DATED this day of , A.D., 2021. Shannon J. Marinko #LS-14456 Hyalite Engineers, PLLC. 613 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Jeff Mihelich, City Manager Greg Sullivan, City Attorney Josh Waldo, Fire Chief Mitch Overton, Parks & Recreation Director Marty Matsen, Community Development Director Tanya Andreasen, Community Housing Program Manager Melody Mileur, Communications Coordinator Jon Henderson, Strategic Services Director Mike Maas, City Clerk Anna Rosenberry, Assistant City Manager Chuck Winn, Assistant City Manager SUBJECT:November Election Work Session MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION: If the City Commission is interested in placing a bond measure or a mill levy question on this November’s election, we ask you provide direction to the City Manager of your preferences. The City Manager will then return to you with a resolution directing the City Manager begin the process to develop the required resolution(s) placing the item(s) on the ballot. If the Commission provides direction during this work session we will come back with the resolution directing the City Manager to do the work in the next four to six weeks. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The recently adopted Capital Improvement Plan proposed facility updates/replacements to occur in FY23 and be funded through the issuance of bonds based on voter approval. The facility projects include Fire Station #2 Relocation, Aquatics Facility & Projects, Repair and Remodel of Lindley Center. The Commission adopted, as part of the Capital Improvement Plan, direction to come back to the Commission with a recommendation for a 614 ballot initiative. This project is planned for FY23 so staff need to start planning this spring for a fall 2021 election (FY22). Staff examined the possibility of combing these projects as a single question. We reviewed the impacts of the bond for the facility improvements and how we would need to pose the question on the ballot for a single bond issuance of $9 million. See General Fund Facility Bond Analysis. Then we reviewed the impact of a levy for affordable housing and a bond issuance of $10 million. See Affordable Housing Levy and Bond Analysis. See November Election Recommendation for staff's recommendation. UNRESOLVED ISSUES:Direction from Commission for what next steps for the November election will be. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None at this time. Attachments: Recommendation for the November Election.docx General Fund Facility Bond Analysis.docx Affordable Housing Levy and Bond Analysis.docx Report compiled on: March 11, 2021 615 Recommendation for November Election Background The recently adopted Capital Improvement Plan proposed facility updates/replacements to occur in FY23 and be funded through the issuance of bonds based on voter approval. The facility projects include Fire Station #2 Relocation, Aquatics Facility & Projects, Repair and Remodel of Lindley Center. The Commission adopted, as part of the Capital Improvement Plan, direction to come back to the Commission with a recommendation for a ballot initiative. This project is planned for FY23 so staff need to start planning this spring for a fall 2021 election (FY22). Staff examined the possibility of combing these projects as a single question. Election Resolution and Timing: As with previous resolutions calling for an election on a sale of bonds to finance city facilities, staff recommend the Commission adopt the resolution a minimum of two weeks prior to the deadline. For this election, the last meeting the Commission can consider adopting the resolution before the August 9th deadline will be the August 3rd meeting. As such, staff recommend the Commission adopt a resolution in July. Analysis Performed We reviewed the impacts of the bond for the facility improvements and how we would need to pose the question on the ballot for a single bond issuance of $9 million. See General Fund Facility Bond Analysis. Then we reviewed the impact of a levy for affordable housing and a bond issuance of $10 million. See Affordable Housing Levy and Bond Analysis. Recommendation Based on the analysis performed we are recommending the Commission have ballot questions for: Bonding to fund Fire Station 2 Relocation Bonding to fund Recreation Facility updates for the Swim Center, Bogert Pool and the Lindley Center 7 mill Levy (beyond the levy Cap) funding the Affordable Housing Program The impact on the median home for this is: This would allow for our recreation facilities to be in better repair and continue to implement the Fire Master Plan. In addition, this would fund the Affordable Housing Plan, retuning 3 mills for General Fund purposes and funding the program at more than double its current funding. Other Options: The Commission could chose other options based on the analysis and for a comparisons here are the median home impacts of different options: Election Question Number of Mills Tax Per Median home a year GF Facility Bond 5.24 25.21$ Affordable Housing 7 Mill 7.00 33.67$ Total 12.24 58.88$ Election Question Number of Mills Tax Per Median home a year GF Facility Bond 5.24 25.21$ Affordable Housing 3 Mill 3.00 14.43$ Affordable Housing 7 Mill 7.00 33.67$ Affordable Housing 10 Mill 10.00 48.10$ Affordable Housing Bond 5.81 27.93$ 616 Below are some combinations: A-Facility Bond and 7 Mill Affordable Housing Levy (Recommendation) B-Just Facility Bond C-Facility Bond and 10 Mill Affordable Housing Levy D-Facility Bond, 7 Mill Affordable Housing Levy and a $10 M Affordable Housing Project Bond Next Steps If the City Commission is interested in placing a bond measure or a mill levy question on this November’s election, we ask you provide direction to the City Manager of your preferences as discussed above. The City Manager will then return to you with a resolution directing the City Manager begin the process to develop the required resolution(s) placing the item(s) on the ballot. If the Commission provides direction during this work session we will come back with the resolution directing the City Manager to do the work in the next four to six weeks. $58.88 $25.21 $73.31 $86.81 $- $10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.00 Median Home year 1 estimated costs Comparison of Combined Options A B C D Recommended 617 General Fund Facility Bond Analysis Background The recently adopted Capital Improvement Plan proposed facility updates/replacements to occur in FY23 and be funded through the issuance of bonds based on voter approval. The facility projects include- This project is planned for FY23 so staff need to start planning this spring for a fall 2021 election (FY22). Staff examined the possibility of combing these projects as a single question. Montana law requires: 7-7-4227. Notice of election.(1) Notice of the election must be provided in accordance with 13-1-108. (2) (a) The notice must state: (i) the date when the election will be held; (ii) the amount of bonds proposed to be issued; (iii) the purpose of the bonds; (iv) the term of years through which the bonds will be paid; and (v) other information regarding the election and the proposed bonds that the board may consider proper. (b) If the bonds that are proposed to be issued are for two or more purposes, each purpose and the amount for each purpose must be separately stated. [Emphasis added] Following review, staff’s recommendation is that becausea Fire Station hasa different purpose than the recreation centers these should be done as two ballot questions, one for the fire station and one for the recreation centers. Education can still be done as planned and this would still be one bond offering saving on bond issuance costs. Election Resolution and Timing: Montana law1 requires the City Commission to adopt a resolution calling for an election on the question of selling bonds to finance construction of these facilities. Pursuant to 13-1-405, MCA, the resolution must be adopted no later than 85 days prior to the election date. As with previous resolutions calling for an election on a sale of bonds to finance city facilities, staff recommend the Commission adopt the resolution a minimum of two weeks prior to the deadline. For this 1 13-1-405. Date of local government elections -- call for election.(1) A local government election must be held on the same day as the primary election day established in 13-1-107 or the general election day established in 13-1-104, except that an election concerning funding may be called as a special election. (2) A local government election may not be held sooner than 85 days after the date of the order or resolution calling for the election. (3) Pursuant to 13-19-201, the governing body authorized by law to call an election shall specify in the order or resolution calling for the election whether the governing body is requesting that the election be conducted by mail. [Emphasis added] Fire Station 2 Relocation **GF305 6,565,000$ Swim Center Facility Renovation **GF137 1,100,900$ Bogert Pool Renovation **GF209 585,800$ Lindley Center Renovation/upgrade and parking lot GF238/GF140 420,000$ Issuance Costs and Contingency 328,300$ 9,000,000$ ** includes 1% for arts per City Ordinance 618 election, the last meeting the Commission can consider adopting the resolution before the August 9th deadline will be the August 3rd meeting. As such, staff recommend the Commission adopt a resolution in July. Project Descriptions Fire Station 2 Fire Station 2 was constructed in its current location (410 S. 19th)in 1974 and was positioned on the most western edge of the city limits at that time. Since 1974 the city limits have expanded in all directions, creating significant gaps in response times throughout the City. An additional challenge that has come with city growth, is the increased traffic volume on S. 19th which has created some safety challenges when the fire truck is leaving or returning to the fire station for both responders and the public. In 2016 the Center for Public Safety Management (CPSM) was contracted to update the City’s Fire Protection Master Plan. As part of that plan update, CPSM evaluated both existing and future locations for fire stations, using response times, emergency call dispersion, and future street network improvements as critical factors. The final recommendation from CPSM is as follows; Recommendation: Bozeman should consider the relocation of fire Stations 1 and 2 to address the significant structural and design issues related to these aging structures and to better position these resources to serve the burgeoning growth of the community that is occurring in the southwestern areas of the city. Fire Station 1 is in the process of relocating to the Bozeman Public Safety Center (BPSC) and this proposed project would shift Fire Station 2 to the southeast. The City is currently evaluating two possible locations for Fire Station 2 and will have the final site selected prior to the beginning of the public education process. There are options to of how to handle the current Fire Station 2. The City can sell it to lower the project costs or if selling after,can pay down the bonds making the levy lower. The City can also lease the building with leasing revenue going towards reducing the levy or other needed purposes. Swim Center The Bozeman Swim Center (1211 W. Main), constructed in 1974 in partnership with Bozeman Public Schools, serves as the community’s only indoor public swimming pool. The Swim Center has become a beloved community recreation facility, typically receiving over 70,000 patrons a year. The City of Bozeman manages all operations and maintenance of the facility on School District property. Several improvements needed at the Swim Center have been aggregated in this bond question, including: replacement of perimeter drain tiles (gutter system), replacement of deck tiles, replacing ceiling tiles, repairs to the plaster shell, and a replacement HVAC system. The pool has been well maintained for the number of years it has been in service and to the extent it is utilized. It is important for the longevity of the pool to maintain its interior, therefore a new plaster is included in the repairs. Due to the size of the pool it is projected that the repairs would be spread over three years with the work being performed over 619 2-3 week periods during the Swim Center’s annual maintenance closures. Planning for this now will help ensure the pool remains in good condition. The original tile floor is showing its wear. Tiles are coming up and/or breaking in several small areas on the deck and in the locker rooms. Repairing tile and ensuring that the tiles are not creating sharp edges is a constant risk management. The ceiling tiles have slowly started to be replaced in sections. However, additional tiles,particularly over the water surface, need to be replaced. The brightness of the new tiles enhances the lighting for greater visibility. Air quality in indoor natatoriums is as important to maintain as water quality. Several factors contribute to providing good air quality, one of which is a reliable and functioning HVAC system. The inherent corrosive nature of swimming pool environments results in HVAC systems lasting approximately ten years. The current system was replaced in 2009. A new system would include large exhaust fans that would assist with more air flow and provide negative air pressure which is recommended for aquatic environments. Due to the heavy bather loads at the facility,a quality air system is essential to remain within Montana Pool and Spa Health Code and be able to maintain operation. Bogert Pool Bogert Pool (325 S. Church) was originally constructed in 1938. Bogert serves as the community’s only outdoor public swimming pool. Bogert pool is a nostalgic favorite and typically sees around 20,000 patrons per summer. A number of needed repairs have been aggregated into this bond question including: replacing the concrete coping around the pool, replacing the concrete gutter system, re-plastering the shell, concrete deck repairs, and perimeter wall/fence replacement. The concrete coping around the pool is cracked in several areas and needs to be replaced. The current plaster on the pool is coming up in pieces,leaving the shell of the pool exposed in areas and creating rough edges. The current gutter system is disintegrating leaving holes between the shelf of the gutter and the gutter tiles. The gutter tiles are also coming lose and annual repair is necessary to attach them back to the trough of the gutter system. In addition the replacement of some gutter tiles in the past did not leave enough space between tiles for optimal filtration. Replacing the current perimeter wall that is also beginning to fail with a barrier that would allow for greater visibility would be an additional safety measure. 620 Lindley Center Lindley Center (1102 E. Curtiss) was purchased from the Benevolent Protective Order of Elks, Lodge No.463, in 1962 by the City of Bozeman. The building was included in the sale of 79.50 acres sold to the City for “cemetery and park purposes”. The Lindley Center is managed by the Parks and Recreation Department and has become a popular public rental facility and recreation programming facility with an average of 300 rentals per year. Numerous repairs are needed on and in the building for its continued public use including: Upgrade restrooms to meet current ADA requirements, window replacements, replace log siding, kitchen upgrade, east roof insulation, floor supports, and roof supports. These repairs address deficiencies identified in the 2012 Facility Conditions Inventory and 2014 Structural Analysis and bring the structure to current building code and improve building efficiency. The Lindley Center parking lot is also in need of repair to meet current code and address safety concerns. Repairs include: curb and overlay, installing ADA parking stalls, lights and a dumpster enclosure. Lindley Center upgrades will allow for a higher level of service and will make the facility more desirable to the public resulting in an increase in use and revenue generation for the general fund. Rental rates will increase and be reflective of the improvements. Bond and Tax Payer Impact Analysis Next Steps If the City Commission is interested in placing a bond measure or a mill levy question on this November’s election, we ask you provide direction to the City Manager of your preferences as discussed above. The City Manager will then return to you with a resolution directing the City Manager begin the process to develop the required resolution(s) placing the item(s) on the ballot. If the Commission provides direction during this work session we will come back with the resolution directing the City Manager to do the work in the next four to six weeks. Assumptions for the analysis FY21 Mill levy Amount 129,537$ Growth rate 4% FY21 median home 354,000$ Bond Estimated Interest rate 4.25% Amount of Bonds/ Cost of Project 9,000,000 Estimated Interest 4,539,570 Total Cost of project and Financing 13,539,570 $25.21 $20.72 $17.03 $14.00 $11.51 $- $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 2 0 2 1 2 0 2 2 2 0 2 3 2 0 2 4 2 0 2 5 2 0 2 6 2 0 2 7 2 0 2 8 2 0 2 9 2 0 3 0 2 0 3 1 2 0 3 2 2 0 3 3 2 0 3 4 2 0 3 5 2 0 3 6 2 0 3 7 2 0 3 8 2 0 3 9 2 0 4 0 2 0 4 1 Tax Per Taxable Value of $354K (Median Home) 621 Affordable Housing Levy and Bond Analysis Background The Commission adopted the following as part of the Capital Improvement Plan: In addition, staff is directed to come back to the Commission with a recommendation for a ballot initiative, be that a bond or a levy, to raise $10 million in funds for affordable housing projects and the funds would be a combination of a revolving loan fund, land acquisition fund, and reimbursement for qualifying affordable housing projects. If the Commission gives guidance for a fall 2021 Election(FY22), then staff will bring forward ballot language to be adopted in June, to give time to provide education to the public and meet the County Clerk deadline for the Election. Election Resolution and Timing Montana law requires the City Commission to adopt a resolution placing a bond measure or mill levy question on the ballot. The resolution must include the ballot language. For a mill levy question, Montana law authorizes a municipality to request voter approval to exceed the statutory cap on mill levies through a mill levy election. See 15-10-425, MCA. For a bond measure, the process will be similar to the City’s process for the Bozeman Public Safety Center and is authorized pursuant to 7-7-4221, MCA. , Pursuant to 13-1-405, MCA,the resolution calling for a bond measure election or a mill levy election must be adopted no later than 85 days prior to the election date. As with previous resolutions calling for an election on a sale of bonds to finance city facilities, we recommend the Commission adopt the resolution for a mill levy or bond measure a minimum of two weeks prior to the deadline. For this November’s election, the last meeting the Commission can consider adopting the resolution before the August 9th deadline will be the August 3rd meeting. As such, we recommend the Commission adopt a resolution in July. The Commission may adopt the resolution earlier than July. Community Housing Program – existing revenues and expenditures Currently, the Community Housing program operates using 3 General Fund mills, cash-in-lieu revenue and previous transfers from the General Fund. The cash-in-lieu program is in jeopardy with proposed legislation. The General fund tax levy is the biggest contributor to the fund with FY20 having an addition two mills for a total of 5 General Fund mills. The Community Housing program needs on average $240,000 (1.85 mills) to cover administrative costs. Remaining revenue and fund balance goes towards grants, Community Housing Action Plan implementation projects, down payment assistance and impact fee reimbursements. - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Actual FY17 Actual FY18 Actual FY19 Actual FY20 Current Amended Budget FY21 Revenues For Community Housing Other Revenue Cash-in lieu Loan Principal Repayments Intergovernmental Interest Earnings Tax Revenue General Fund Transfer 622 The Community Housing Fund had built up a fund balance and recently much of that fund balance has gone to grants for affordable housing and community housing projects. To just have the program and $200,000 for down payment assistance and impact fee reimbursements, 3.4 mills is needed and more mills would be needed to continue the program and to provide housing project grants. The Community Housing Fund has provided over $85,000 in impact fee reimbursement to developers of community housing in the past 2 fiscal years helping to make 17 affordable homes “pencil” for those developers. It has assisted 16 households with down payment assistance to purchase an affordable homes, totaling $160,000. In the form of grants to community partners, the Community Housing Fund has committed just under $2million dollars to projects serving the entire spectrum of housing needs in our community. That total granted amount has served 396 households, and helped provided 120 shelter beds for people experiencing homelessness in our community. As noted in the Community Housing Action Plan, a reliable funding source is required to continue and expand upon the work begun by the city and its partners to meet community housing needs. - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Actual FY17 Actual FY18 Actual FY19 Actual FY20 Current Amended Budget FY21 Expenditures for Community Housing Down Payment Assistance/Impact fee Reimbursement Housing projects grants/loans Administrative Costs 568,698 761,209 1,198,487 1,692,059 273,678 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Actual FY17 Actual FY18 Actual FY19 Actual FY20 Current Amended Budget FY21 Ending Fund Balance Ending Fund Balance 623 Analysis Assumptions Levy and Tax Payer Impact Analysis A levy dedicated to Affordable Housing can be a ballot question that will replace the current allocation of 3 General Fund mills that could then be allocated for other purposes. A levy similar to this is the Fire and Capital Equipment levy, where 4 mills is dedicated to fire and capital equipment replacement and does not impact the General fund levy cap. The expense to the median home would increase based on the change in the value of a mill. For the analysis we reviewed 3 different mills scenarios 3 mills, 7 mills and 10 mills, using the current median home and current mill value. Unlike a bond where the impact on the median home goes down over time with growth, the impact to the homeowner increases with the value of the mill. The revenue will grow as the City grows and as the value of a mill increases. 3 Mills The current program operates using 3 mills so there would be no changes to the existing Community Housing Program projects, incentives, grants, and operations.Inthe past with extra mills, cash inlieu and one time General Fund transfers, the Community Housing had a fund balance that built up, making possible the grants that have been award in FY21. In order to provide those grants, some other revenue besides the 3 mills would be needed. Below is the estimated revenue trend based on our assumptions, followed by a graph showing the cumulative revenue for the first 10 years of the mill levy: Overall Assumptions for the analysis FY21 Mill levy Amount 129,537$ Growth rate 4% FY21 median home 354,000.00$ For Levy For Bond Interest rate 4.25% Total bond 10,000,000$ Scenarios do not include General fund 3mills but rather replace to have the General Fund recoup the mills 388,611 454,620 553,115 - 100,000 200,000 300,000 400,000 500,000 600,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Fiscal Year Estimated Mill Revenue 624 Cost to the median home in year one is estimated to be $14.43 7 Mills An additional 4 mills to make 7 would expand the Community Housing Program. Based upon the estimated revenues in the following chart, program administration could continue as it has with 3 general fund mills, with the addition of a staff member, and increased appropriations for impact fee reimbursement, down payment assistance, and community grants. Below is the estimated revenue trend based on our assumptions, followed by a graph showing the cumulative revenue for the first 10 years of the mill levy: 1,650,223 4,112,591 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Estimated Revenue and Cumulative Impact Fiscal Year Estimated Mill Revenue Cumulative Revenue from the Levy 906,759 1,060,780 1,290,601 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Fiscal Year Estimated Mill Revenue 625 Cost to the median home in year one is estimated to be $33.67 10 Mills An additional 7 mills to make 10 would further expand the Community Housing Program capacity. An additional staff member could be added and the amount for grants, impact fee reimbursement and down payment assistance would be increased. Below is the estimated revenue trends based on our assumptions, followed by a graph showing the cumulative revenue for the first 10 years of the mill levy: 3,850,519 9,596,045 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Estimated Revenue and Cumulative Impact Fiscal Year Estimated Mill Revenue Cumulative Revenue from the Levy 1,295,370 1,515,400 1,843,715 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Fiscal Year Estimated Mill Revenue 626 Cost to the median home in year one is estimated to be $48.10 Possible outcomes for each funding level Revenue Program Administration Program initiatives, incentives, and grants Possible Program Outcomes (Some outcome will require community partnerships) 3 mills Base program administration $200,000 impact fee reimbursement + down payment assistance 10 households – down payment assistance, $10,000 each ± 12 affordable homes – impact fee reimbursement to developer/builder 7 mills Base program administration + staff position $100,000 $400,000 impact fee reimbursement + down payment assistance $100,000 community grant funds 20 households – down payment assistance, $10,000 each ± 25 affordable homes – impact fee reimbursement to developer/builder 1-2 small community housing grants Staff person to assist with program management, increased capacity for grant seeking and partnership 10 mills Base program administration + staff position $100,000 $400,000 impact fee reimbursement + down payment assistance $500,000 community grant funds 20 households – down payment assistance, $10,000 each ± 25 affordable homes – impact fee reimbursement to developer/builder 2-5 community housing grants Staff person to assist with program management, increased capacity for grant seeking and partnership Bond -$10M*2 M Revolving loan fund – construction costs 2 M Purchase of land 4 M Payment of site and off-site infrastructure costs 2 M Impact fee reimbursement 5 major affordable home developments in 10 years (LIHTC, other) 2-4 parcels (undeveloped) 1-2 major affordable home developments (up to 400 homes) 5 major affordable home developments OR 15-20 smaller developments *Bond funds would need to be in addition to mills appropriated to the Community Housing Fund. 5,500,742 13,708,636 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Estimated Revenue and Cumulative Impact Fiscal Year Estimated Mill Revenue Cumulative Revenue from the Levy 627 Bond and Tax Payer Impact Analysis A ballot question can be posed to issue $10 million in bonds to be paid by a property tax mill levy. The bond proceeds would go towards a combination of a revolving loan fund, land acquisition fund, and reimbursement for qualifying affordable housing projects. The breakdown of those items and the $10 million would need to be determined. A revolving loan fund would add some administrative costs to the Community Housing fund. Therefore a bond issuance should be an additional ballot question to the mill levy ballot question. The annual payment that the City would have is estimated at $752,198 that would be about 5.81 mills in year one. Based on our assumptions, the total cost of the bond with interest is estimated $15,043,936. With the assumptions described the payback of the bonds impact on the current median home goes over time as the City grows see estimated impact over time in the graph below: Next Steps If the City Commission is interested in placing a bond measure or a mill levy question on this November’s election, we ask you provide direction to the City Manager of your preferences as discussed above. The City Manager will then return to you with a resolution directing the City Manager to begin the process of developingthe required resolution(s) to placethe item(s) on the ballot. If the Commission provides direction during this work session,we will come back with the resolution directing the City Manager to do the work in the next four to six weeks. $27.93 $18.87 $12.75 $- $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 Tax Per $354K Market Value (Median) Tax Per $354K Market Value (Median) 628 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Midtown Urban Renewal Board (MURB) MEETING DATE:March 23, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint up to one voting member appointed by the Mayor with a term expiring on January 31, 2025, one voting member appointed by the Mayor with a term expiring on January 31, 2022, one non-voting member appointed by the City Commission with a term expiring on January 31, 2024, one non-voting member appointed by the Commission with a term expiring on January 31, 2025, and one non-voting member appointed by the City Commission with a term expiring on January 31, 2023. 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 Midtown Urban Renewal Board currently has four vacant positions and one member whose term has expired. In 2006 with Ordinance 1685, The Commission adopted an urban renewal plan to act as a policy guide for the North Seventh Corridor and adjacent properties, and created the North Seventh Avenue Urban Renewal District, and the North Seventh Urban Renewal Board (NSURB) to implement this plan. In 2015 with Ordinance 1925, the North Seventh Avenue Urban District was created and the Bozeman Midtown Urban Renewal District Plan adopted. The NSURB was renamed the Bozeman Midtown Urban Renewal Board (MURB) for the implementation and administration of the Bozeman Midtown urban renewal district. Individuals appointed to the MURB shall have a demonstrated interest in the District or adjacent neighborhoods. Pursuant to MCA S 7-15-4234, the mayor, by and with the advice and consent of the City Commission, shall appoint the MURB, which shall consist of five voting members. Each appointment shall be for 4 years. (3) Any person may be appointed as voting members if they reside within 629 the municipality. The preferred composition of the MURB would include two residents of the District, two business owners in the District, and one member at large. (4) A voting member may be removed for inefficiency, neglect of duty, or misconduct in office. (5) The appointment of voting members shall be ratified annually by the City Commission. A majority of the voting members shall not hold any other public office under the municipality other than their membership or office with respect to the MURB. In addition to the five voting members, the MURB shall be composed of a non-voting membership of not more than four individuals, appointed to 4 year terms. These individuals must possess demonstrated interest in the district, specific expertise or other qualifications necessary to help implement the plan. This board currently has four vacancies and one member whose term expired January 31, 2021. The City Clerk’s Office has received four applications, with their relevant qualifications indicated below. 1. One voting member appointed by the Mayor, expiring January 31, 2025 | Qualifies: A. Rutz, E. Talago, H. Folkvord, T. Menuez 2. One voting member appointed by the Mayor, expiring January 31, 2022 | Qualifies: A. Rutz, E. Talago, H. Folkvord, T. Menuez 3. One non-voting member appointed by the City Commission, expiring January 31, 2024 | Qualifies: A. Rutz, E. Talago, H. Folkvord, T. Menuez 4. One non-voting member appointed by the Commission, expiring January 31, 2025 | Qualifies: A. Rutz, E. Talago, H. Folkvord, T. Menuez 5. One non-voting member appointed by the City Commission, expiring January 31, 2023 | Qualifies: A. Rutz, E. Talago, H. Folkvord, T. Menuez Applicants: A. Rutz E. Talago H. Folkvord T. Menuez Jennifer Madgic is the Commission Liaison for this board. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 12-14-20 CAB - A. Rutz, New Applicant.pdf 02-02-21 CAB - E. Talago, new applicant.pdf 12-02-20 CAB - H. Folkvord, New Applicant.pdf 630 03-04-21 CAB - T. Menuez, new applicant.pdf Report compiled on: March 17, 2021 631 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Monday, December 14, 2020 11:32:36 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:12/14/2020 11:32 AM Response #:314 Submitter ID:33322 IP address:184.167.144.11 Time to complete:1 min. , 26 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 632 First Name Alicia Last Name Rutz Physical Address 507 Henderson PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 595-0438 Additional Phone Not answered Current Occupation Real Estate Agent Employer Small Dog Realty Email alicia@smalldogrealty.com Which position are you applying for? (○) Midtown Urban Renewal Board (MURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: I was born and raised in Bozeman Montana, 5th generation Bozemannite and I am proud to call it home. It has been so much fun watching Midtown transform. This area is making Bozeman even more desirable than it already is. I own an investment property in the Midtown district, and care about the continued development of the area. For the past 12 years, I have been in Real Estate working with buyers, sellers, and my own properties. I started my career in Portland Oregon and brought the knowledge I gained there to my career in Bozeman. I am currently top 15 of all Bozeman Real estate agents and I am continuing to grow my business. I would love the opportunity to be apart of this Board, to learn and contribute to our community. References: Please provide name, phone, and email contact information for two references. Reference 1 Pam McCutcheon Broker/Owner of Small Dog Realty 406-220-2013 Pam@smalldogrealty.com Reference 2 Jeff Lusin Owner of 45 Architecture 406-579-2006 45arch.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. 633 If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? David Fine Is there any other information that you feel we need to know? Currently on two boards: Gallatin Elite Soccer Club board member: Joel Ganey 949-690-5635 Secretary of Pilgrim Pre-school Board: Staci Goodrich 406-600-4029 If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory 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. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 634 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Tuesday, February 2, 2021 3:37:44 PM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:02/02/2021 3:37 PM Response #:324 Submitter ID:34689 IP address:69.145.229.209 Time to complete:5 min. , 4 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 635 First Name Emily Last Name Talago Physical Address 416 W Short St PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (484) 866-0029 Additional Phone Not answered Current Occupation Landscaper Employer Self dba TLD West, Cashman Nursery Email emilytalago@gmail.com Which position are you applying for? (○) Midtown Urban Renewal Board (MURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) INC 01/2020- Present Please explain your relevant qualifications, interests and experiences: Interests: -Smart infill; developing creative solutions to increase Midtown's tax base while also identifying and mitigating impacts to established neighborhoods; principles of equity and inclusion as applied to economic development Experiences: -Led the formation of the Midtown Neighborhood Association; 9 year resident of Midtown; MNA INC representative; collaborated with BMX, SWBA, and Parks dept to alter and finalize an improved Westlake Park master plan; organized community service projects to help with property maintenance including landscape/lawn care and snow removal for senior neighbors; participation in the MSU Architecture Dept/City of Bozeman joint project investigating accessory dwelling units as a facet of smart-infill. Qualifications: -I conduct myself professionally and donate considerable time to understanding the strategies, values, financing tools, and legal parameters that frame development of goals and policy. I have respectful relationships and engage in dialog with elected officials, city staff, citizen advisory boards, community partners, other neighborhood associations. I also have a well studied comprehension of the principles, goals, and implementation strategies contained within the most recent Midtown Urban Renewal Plan. Finally, I consider my most relevant qualification the ability to foster constructive conversations among diverse and at times competing interests. 636 References: Please provide name, phone, and email contact information for two references. Reference 1 Devin Wilson 406-223-1939 devinwilson99@gmail.com Reference 2 Jason Darrow 406-580-2604 higherground406@gmail.com 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 expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Neighborhoods dept Is there any other information that you feel we need to know? If Andrew Cetraro's expiring voting member term has not yet been filled, I would like to submit this application to fill that vacancy. Otherwise, I would be glad for the opportunity to serve on the board in a non-voting capacity. Thanks for your consideration. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory 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. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 637 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Wednesday, December 2, 2020 10:21:28 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:12/02/2020 10:21 AM Response #:311 Submitter ID:32996 IP address:216.166.171.243 Time to complete:27 min. , 50 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 638 First Name Hillary Last Name Folkvord Physical Address 122 Highnoon Way PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 570-5077 Additional Phone Not answered Current Occupation Hotel Owner Employer Hillary Folkvord Email hillary.folkvord@gmail.com Which position are you applying for? (○) Midtown Urban Renewal Board (MURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: Our family renovated the Rainbow Motel 3 years ago, now the RSVP Motel. We love the progress on 7th and eager to be involved in the process. References: Please provide name, phone, and email contact information for two references. Reference 1 David Fine Reference 2 Mike. Hope 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 expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? Dean Folkvord Is there any other information that you feel we need to know? 639 Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory 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. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 640 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Thursday, March 4, 2021 11:21:48 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:03/04/2021 11:21 AM Response #:330 Submitter ID:35639 IP address:97.121.210.166 Time to complete:4 min. , 44 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 641 First Name Tracy Last Name Menuez Physical Address 32 South Tracy PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 585-4890 Additional Phone Not answered Current Occupation Associate Director Employer HRDC Email tmenuez@thehrdc.org Which position are you applying for? (○) Midtown Urban Renewal Board (MURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Midtown Urban Renewal Board; 3 years Please explain your relevant qualifications, interests and experiences: As a district property owner (Fork and Spoon Kitchen), provider of numerous community services, and not- for-profit housing developer, HRDC IX has a vested interest in the development of the Midtown district. Having served for a number of years on the Midtown board previously, I am familiar with the challenges of creating sufficient residential homes to support business development, enhancing connectivity with the downtown and Cannery districts via public and multi-modal transit, and encouraging the development of long-neglected sites within the district. As interest in the development of housing increases, I hope to share my expertise in housing affordability to ensure that homes developed to serve a broad range of household types and income levels. The North 7th corridor has benefited from numerous improvements over the previous decade that are beginning to pay off; ensuring that the community investment created by the district's funds is directed at those projects with the greatest community benefit is critical. References: Please provide name, phone, and email contact information for two references. Reference 1 Scott Hedglin architecture118 406-404-1777 scott@arch118.com 642 Reference 2 Susan Riggs Groundprint Consulting 406-579-5844 sriggs@groundprint.com 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 expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? City Staff Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory 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. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 643