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HomeMy WebLinkAbout05-25-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence E.Public Service Announcements E.1 City of Bozeman Offices will be closed on May 31 in observance of Memorial Day. There will be no City Commission meeting on June 1. Garbage collection service will be one day late for the week. F.FYI THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 25, 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=ecd264eec67f3aa90624ab06bb00e390c 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: 182 000 8291 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 G.Commission Disclosures H.Consent H.1 Accounts Payable Claims Review and Approval (Stewart) H.2 Notice of Award to Highland Construction for the Front Street Connector Pathway Project(Jadin) H.3 Approve a Final Plat for the Bridger Vale 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 20281(Krueger) H.4 Authorize the City Manager to Sign a Monitoring Well Access Easement and Agreement and the First Amendment to Declaration of Institutional Controls for the Bridger Vale Annexation with Bridger Vale LLC for the Bridger Vale PUD Project (20294)(Flammond) H.5 Ratify the Signature of the City Manager for a Temporary Road Permit/Access and Reimbursement Agreement for Irrigation Infrastructure Improvements with Marianne Liebmann and Steve Liebmann at the Liebmann Property Addressed as 8518 Nash Road(Heaston) H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between City of Bozeman, Human Resource Development Council and Western Transportation Institute for the Safe Routes to Parks Grant(Jadin) H.7 Authorize the City Manager to Sign a License Agreement for the Use of City Property by Headwaters Community Housing Trust(Jadin) H.8 Authorize the City Manager to Sign a Restoration Agreement with the Headwaters Community Housing Trust for Utility Relocation Adjacent to Bridger View Development(Jadin) H.9 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services(Maines) H.10 Authorize the City Manager to Sign an Amendment to Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to the MeatEater, Inc, Contract # MT-BSTF-1-21-01(Fontenot) H.11 Authorize the City Manager to Sign an Amendment 12 with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project, Engineering Contract(Fine) H.12 Resolution 5307 Authorizing Change Order No. 3 to the North 7th Avenue Streetscape Project(Fine) H.13 Resolution 5309, Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2021 General Election(Maas) 2 H.14 Ordinance 2075, Final Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389(Rogers) I.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. J.Action Items J.1 City Manager Recommended FY22 Budget- Enterprise and Internal Service Funds' Highlights(Donald) J.2 Resolution 5303 Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse or Finance Eligible Costs Thereof; Approving a Related Development Agreement; and Making a Reimbursement Declaration(Fine) J.3 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi- judicial)(Rosenberg) K.Work Session K.1 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan(Mihelich) L.FYI / Discussion M.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). 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. 3 Memorandum REPORT TO:City Commission SUBJECT:City of Bozeman Offices will be closed on May 31 in observance of Memorial Day. There will be no City Commission meeting on June 1. Garbage collection service will be one day late for the week. MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:No action necessary. 4 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Accounts Payable Clerk Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:May 25, 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:None 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: May 13, 2021 5 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT:Notice of Award to Highland Construction for the Front Street Connector Pathway Project MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize City to Manager to Sign Notice of Award for Highland Construction for the Front Street Connector and Related Contract Documents STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The Front Street Connector project was awarded funding from the Trails, Open Space and Parks (TOP) bond fund via Resolutions 5147 and 4621A. Project partner, Gallatin Valley Land Trust, has raised the remaining project balance through private fundraising and other grants. The project includes a new paved shared-use pathway extending from the Birch Street/Rouse intersection to the Depot Park/L Street including a bridge over Bozeman Creek. Bids were opened May 6, 2021 with only one bid being submitted. The low bid was submitted by Highland Construction in the amount of $215,339.00. The bid tabulation for the project was prepared by Sanderson Stewart along with a bid award recommendation (see attachments). UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Project is funded primarily through the TOP Bond fund with additional grants and private funding obtained by the project partners, the Gallatin Valley Land Trust. Attachments: Front_Street_Connector_Trail_Notice_of_Award.pdf Front_Street_Connector_Trail_Bid_Recommendation_051021.pdf Front_Street_Bid_Tab_051021_ForCity.pdf 6 Report compiled on: May 14, 2021 7 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: _______________ Project: Front Street Connector Trail Owner: City of Bozeman – Parks and Recreation Department Owner's Contract No.: Contract: New pathway extending from Rouse Avenue to Wallace Avenue along Birch Street and the future Front Street including a new bridge over Bozeman Creek. Engineer's Project No.: 15022.02 Bidder: Highland Construction Services, LLC Bidder's Address: P.O. Box 207; Belgrade, MT 59714 You are notified that your Bid dated May 6, 2021 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedule I. The Contract Price of your Contract is Two Hundred and Fifteen Thousand, Three Hundred and Thirty-Nine and 00/100 Dollars ($215,339.00). Electronic copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner electronic fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Deliver with the executed Contract Documents the required insurance certificates. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman – Parks and Recreation Department Owner By: Authorized Signature Title Copy to Engineer 8 Front_Street_Connector_Trail_Bid_Recommendation_050721.doc May 10, 2021 Ms. Addi Jadin Parks and Recreation Department City of Bozeman P.O. Box 1230 Bozeman, MT 59771 SUBJECT: BID AWARD RECOMMENDATION Front Street Connector Trail Project No. 15022.02 Dear Addi, On May 6, 2021, a competitive bid for the above referenced project was accepted and publicly opened. One bid was received from Highland Construction Services, LLC. Listed below is a summary of the verified bid relative to the engineer’s opinion of probable cost: Bidder Schedule I Total Bid Highland Construction Services, LLC $215,339.00 $215,339.00 Engineer’s Opinion of Probable Cost $279,602.00 $279,602.00 No discrepancies or irregularities were noted during our review of the bids. Based on this review, Sanderson Stewart recommends that the City of Bozeman move forward with a contract award to Highland Construction Services, LLC in the amount of $215,339.00. A copy of the bid tabulation is attached to this letter for reference. Please call if you have any questions or would like further information. Sincerely, Steph Hudock, PE Project Engineer Enclosures: Bid Tabulation SNH/rrr 9 PAGE 1 OF 1 BID TABULATION5/10/2021PROJECT:Front Street Connector TrailBID DATE:S.S. PROJECT NO.:15022.02BID TIME:BY:Sanderson StewartFOR:City of BozemanUNITTOTALUNITTOTALITEMEST.UNITPRICEPRICEPRICEPRICENO.QTY.DESCRIPTION$$$$SCHEDULE I - Front Street Connector Trail101 1 LSMobilization and Insurance$29,957.00/LS=29,957.00$16,000.00/LS=16,000.00102 1 LSStormwater Management and Erosion Control$5,000.00/LS=5,000.00$8,500.00/LS=8,500.00103 1 LSTraffic Control During Construction $8,000.00/LS=8,000.00$6,000.00/LS=6,000.00104 1 LSClear and Grub$5,000.00/LS=5,000.00$2,500.00/LS=2,500.00105 265 CYStrip, Stockpile, & Replace or Dispose of Existing Topsoil$32.00 / CY = 8,480.00 $15.00 / CY = 3,975.00106 490 CYUnclassified Excavation$40.00/CY=19,600.00$20.00/CY=9,800.00107 517 SYRemove & Dispose of Existing Asphalt $20.00/SY=10,340.00$20.00/SY=10,340.00108 860 SYRemove Ex. Gravel Surface$3.00/SY=2,580.00$2.00/SY=1,720.00109 51 LFRemove & Dispose of Existing Curb and Gutter$9.00/LF=459.00$40.00/LF=2,040.00110 45 LFRemove & Reset Existing Fence$10.00/LF=450.00$20.00/LF=900.00111 1 EARemove & Dispose of Existing Light Pole$500.00/EA=500.00$500.00/EA=500.00112 207 CY1 1/2-inch Minus Crushed Base Course$44.00/CY=9,108.00$36.00/CY=7,452.00113 1,156 SYGeotextile Stabilization Fabric$4.00/SY=4,624.00$2.50/SY=2,890.00114 922 SY3-inch Asphalt Trail$25.00/SY=23,050.00$25.00/SY=23,050.00116 80 SFGravel Trail$6.00/SF=480.00$10.00/SF=800.00117 10 CYClass 1 Angular Rip Rap, 18-inch Thick$250.00/CY=2,500.00$85.00/CY=850.00118 186 SYSC 150 Erosion Control Blanket$5.00/SY=930.00$6.00/SY=1,116.00119 178 SFADA Ramps (base included)$22.00/SF=3,916.00$17.00/SF=3,026.00120 32 SFTruncated Domes$75.00/SF=2,400.00$50.00/SF=1,600.00121 31 LFCurb and Gutter (base included)$18.00/LF=558.00$50.00/LF=1,550.00122 7 SYNew Asphalt at ADA Ramps (base included)$40.00/SY=280.00$100.00/SY=700.00123 2 EANew Sign on New Post$700.00/EA=1,400.00$1,300.00/EA=2,600.00124 124 SFThermoplastic Pavement Markings (White)$30.00/SF=3,720.00$20.00/SF=2,480.00125 1 LSRe-seed Disturbed Areas$5,000.00/LS=5,000.00$500.00/LS=500.00126 7 EANew Bollards$350.00/EA=2,450.00$1,200.00/EA=8,400.00127 610 LFSplit Rail Fencing$12.00/LF=7,320.00$25.00/LF=15,250.00128 1 LSBridge Abutments, Foundation Drain, Footings, and Wingwalls$69,500.00 / LS = 69,500.00 $40,000.00 / LS = 40,000.00129 1 LS Additional Structural Fill Under Footings (If Needed) $2,000.00 / LS = 2,000.00 $800.00 / LS = 800.00130 1 LSBozeman Creek Bridge Installation (Bridge Provided by COB)$25,000.00 / LS = 25,000.00 $15,000.00 / LS = 15,000.00131 25,000 UNITMiscellaneous Work$1.00/UNIT=25,000.00$1.00/UNIT=25,000.00$279,602.00$215,339.00TOTAL FOR SCHEDULES I$279,602.00$215,339.00Engineer's Opinion of Probable CostHighland Construction Services, LLC3:00 PMTOTAL FOR SCHEDULE I - Front Street Connector TrailMay 6, 2021106 East Babcock Street, Suite L1, Bozeman, Montana 59715 Phone 406.522.9876 www.sandersonstewart.com10 Memorandum REPORT TO:City Commission FROM:Tim Cooper, Assistant City Attorney Brian Krueger, Development Review Manager SUBJECT:Approve a Final Plat for the Bridger Vale 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 20281 MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve a Final Plat for the Bridger Vale 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. 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:On March 25, 2019 the Bozeman City Commission conducted their review of the Preliminary Plat application for the Bridger Vale Subdivision and voted unanimously to approve the preliminary plat application. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Brian Krueger, Development Review Manager, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installation of sidewalks fronting all development lots, open space landscaping, and City 11 park improvements. The sidewalks improvements agreement guarantees the sidewalks will be installed within thirty-six (36) months of the filing of the final plat. The landscaping improvements agreements guarantee the park and open space improvements will be installed within twelve (12) months of the filing of the final plat. Three guarantees in the amounts of $27,478.50 for sidewalks, $14,091.00 for open space landscaping, and $19,200.00 for City park improvements were received in the form of Letters of Credit. All other necessary infrastructure improvements are constructed. The City’s Legal Division has determined that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from the final plat. The signed findings of fact can be viewed at this link: https://weblink.bozeman.net/WebLink/DocView.aspx? id=184580&dbid=0&repo=BOZEMAN UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested or proposed. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 20281 Bridger Vale Final Plat Staff Transmittal.docx Bridger Vale Final Plat.pdf Report compiled on: May 13, 2021 12 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO:TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM:BRIAN KRUEGER, DEVELOPMENR REVIEW MANAGER RE:FINAL PLAT REVIEW FOR THE BRIDGER VALE SUBDIVISION FINAL PLAT, PLANNING FILE NO. 20281 DATE:May 7, 2021 ---------------------------------------------------------------------------------------------------------- The Ebbighausen Homes, Inc. (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Bridger Vale Subdivision Final Plat for the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one open space lot with an associated street and alley. Attached is a copy of the Findings of Fact and Order. The Commission approved the Findings of Fact on May 6, 2019. Major subdivision approvals are valid for three years plus extensions. Three improvements agreements are required for this subdivision for the following improvements: the installation of sidewalks fronting lots and running through public access open space landscaping improvements, and City park improvements in the subdivision. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, property owner association documents, improvements agreements and letters of credit, quitclaim deed for transfer of the open space lots to the POA, warranty deed for transfer of the park to the City of Bozeman, SID waiver of right to protest, parks maintenance waiver of right to protest, and a copy of the Findings of Fact and Order are attached for your review. `The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form".The final City signatures will be obtained once the City Commission has approved the final plats. A completed applicationwas submitted to the Community Development Department onMay 5, 2021, it was deemed adequate on May 5, 2021. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the application is complete and adequate for review. 13 Page 2 of 2 The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met, are described in the submittal materials. We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from the final plat. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on May 25, 2021. Materials for the agenda will be uploaded May 13, 2021. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate Improvements Agreements w/ Attached LOC’s Warranty Deed Open Space Warranty Deed Park Previously recorded SID and Park waivers POA Documents Findings of Fact C:File 14 15 ΔΔΔΔΔΔΔ16 PUBLIC PARKLAND DEDICATION TRACKING TABLECURRENTPREVIOUS PHASES: NoneSUBDIVISION NAME:Bridger Vale PUD SubdivisionPROJECT NAME:Bridger Vale PUD SubdivisionTOTALFOR SUBDIV.THIS PROPOSAL:PHASE/LOT:N/APHASE/LOT:N/APHASE/LOT:N/ANUMBER OF RES. UNITS PERPHASE/LOT / SITE PLAN20N/AN/AN/AN/AACREAGE PARK LAND AND/OR CILREQUIRED0.55 acresN/AN/AN/AN/AVALUE OF IMPROVEMENTS INLIEU PROPOSED:$_____________________ VS.VALUE OF CODE REQD. BASICPARK IMPROVEMENTS: $___________(ATTACH COMPARISONSPREADSHEET)N/AN/AN/AN/AN/AACREAGE PARK LANDPREVIOUSLY DEEDED TO COB:N/AN/AN/AN/AN/AACREAGE PARK LAND YET TO BECONVEYED:0.68 acresN/AN/AN/AN/APARK MASTER PLAN APPROVALDATE: Updated as Approved byCity Commision - Dated:______N/AN/AN/AN/A17 Memorandum REPORT TO:City Commission FROM:Cody Flammond, PE, Engineer II Shawn Kohtz, PE, City Engineer SUBJECT:Authorize the City Manager to Sign a Monitoring Well Access Easement and Agreement and the First Amendment to Declaration of Institutional Controls for the Bridger Vale Annexation with Bridger Vale LLC for the Bridger Vale PUD Project (20294) MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Monitoring Well Access Easement and Agreement and the First Amendment to Declaration of Institutional Controls for the Bridger Vale Annexation with Bridger Vale LLC for the Bridger Vale PUD Project (20294). 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. The amendment updates the declaration per the requirements of the original declaration specifying that Bridger Vale LLC has prepared and will comply with the approved Sampling and Analysis Plan for sub-slab vapor mitigation systems in the Bridger Vale Subdivision. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:N/A Attachments: Monitoring Well Access Easement and Agreement First Amendment to Declaration of Institutional Controls Report compiled on: May 10, 2021 18 19 20 21 22 23 24 25 26 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, City Engineer SUBJECT:Ratify the Signature of the City Manager for a Temporary Road Permit/Access and Reimbursement Agreement for Irrigation Infrastructure Improvements with Marianne Liebmann and Steve Liebmann at the Liebmann Property Addressed as 8518 Nash Road MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Ratify the City Manager’s Execution of the Temporary Road Permit/Access and Reimbursement Agreement for Irrigation Infrastructure Improvements with Marianne Liebmann and Steve Liebmann at Liebmann Property with the Address 8518 Nash Road. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The City Manager executed the attached agreement on May 7, 2021 upon the conclusion of negotiations with the property owner of land addressed as 8518 Nash Road, Steve and Marianne Liebmann. The agreement provides the City the right to access and construct a temporary spur road from an existing road on the subject property to support the Sourdough Fuels Reduction Project. The agreement is necessary to implement Phase 1 and subsequent phases of the fuels project. The public bid opening for Phase 1 occurs on June 2, 2021, following bid advertisement beginning May 16, 2021. Phase 1 of the fuels project is a commercial timber sale within a fuels treatment unit of approximately 18 acres using conventional ground-based logging methods. Phase 1 includes creating a clearing of approximately 1-2 acres to support commercial helicopter logging methods planned for Phase 2. This clearing aids in minimizing public impacts of the project by reducing the duration of the public closure of the Sourdough Canyon Trail. Public bids for Phase 2 will advertise concurrent with Phase 1, but will open on June 9, 2021. Phase 1 work is anticipated to begin in July and conclude by September 30, 2021, with Phase 2 beginning October 1 and concluding by December 31, 2021. UNRESOLVED ISSUES:None. 27 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The agreement includes a $29,222 reimbursement to Liebmann by the City for irrigation improvements made by Liebmann to protect an existing irrigation system from damage by log trucks and pieces of heavy logging equipment, as well as a $400 reimbursement for timber removed on the Liebmann property to construct the temporary spur road. Despite these reimbursement costs, the agreement is a net cost saving measure for the fuels reduction project as a whole, since Phase 1 is anticipated to generate revenue to offset a portion of anticipated Phase 2 costs. Funding for the agreement reimbursement costs occurs through Water Fund CIP Project W63 (FY2019). Project W63 contains a budget of $400,000 of which approximately $55,000 has been spent to-date to cover professional forestry and public relations services. Sufficient funding is available to cover the reimbursement costs associated with the agreement. Attachments: Liebmann Access & Reimbursement Agmt_fully executed Report compiled on: May 13, 2021 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager Mitch Overton, Director of Parks and Recreation Addi Jadin, Parks Planning and Development Manager SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding Between City of Bozeman, Human Resource Development Council and Western Transportation Institute for the Safe Routes to Parks Grant MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding Between City of Bozeman, Human Resource Development Council and Western Transportation Institute for the Safe Routes to Parks Grant 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 main goal of the project is to increase access to parks, trails, and recreation by expanding engagement opportunities in the upcoming comprehensive parks, recreation and active transportation plan update. Specifically, HRDC and WTI will focus on helping the City and consultants engage people with disabilities and others who have not historically benefited from equitable access to parks due to their income level, race, and ethnicity. During COVID-19, being within safe walking distance to parks has become even more important as people are asked to stay closer to home; a home that might also now be multi-functioning as an office and/or school. Even more people are using Parks as a haven allowing for sunlight, exercise and safe social interactions that result in improved mental, physical, and social health and well-being. In the short-term, the Safe Routes to Parks project will help a greater diversity of people to give input into the parks planning process. Additionally, it will identify specific underserved populations and areas that need safer paths and more space or amenities. The long-term benefits of this project include the creation of a more accessible and connected parks network across the city AND the development of an engagement tool that empowers and activates communities that have not historically had a voice in the planning process. This tool can become a replicable model of 42 participatory community engagement that can be used by the city and any other organizations focused on community development and civic engagement. The first grant-supported action will be to hire Community Liaisons to help reach different groups of people who have historically been underrepresented in Bozeman's planning efforts. As employees of HRDC, they will work directly with HRDC, the City of Bozeman, and Western Transportation Institute (WTI) staff to help create outreach materials, social media updates, public events, and programs that meet the needs of the specific communities in which they work. Engagement work may include and is not limited to conducting community-based outreach & surveys, assistance with translation and interpretation, if applicable, and serving as a liaison between HRDC, the City, and the community. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission. FISCAL EFFECTS:NA Attachments: Safe Routes to Parks - MOU.docx Report compiled on: May 6, 2021 43 Memorandum of Understanding Between the City of Bozeman, Human Resource Development Council, Western Transportation Institute for the Safe Routes to Parks Equity and Access Grant This Memorandum of Understanding (the “MOU”) is entered into by and between the City of Bozeman, a municipal corporation organized and existing under its Charter and the laws of the State of Montana with a mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”); Human Resource Development Council (“HRDC”), an independent nonprofit 501(c)3 community action organization with a mailing address of 32 South Tracy Avenue, Bozeman, MT 59715; and Western Transportation Institute (“WTI”, and collectively with the City and HRDC the “Parties”), a department in the College of Engineering at Montana State University a with a mailing address of PO Box 174250, Bozeman, MT 59717-4250. I.RECITALS A.The City of Bozeman Parks and Recreation Department is initiating in 2021 a community- wide public engagement plan for the update to the citywide parks and recreation plan, the Parks, Recreation, Open Space and Trails Plan (PROST), which will include an Active Transportation component. B.Within WTI, the Small Urban, Rural and Tribal Center on Mobility (SURTCOM) conducts research and provides leadership, education, workforce development and technology transfer in all transportation-related aspects of mobility for people and goods, focusing specifically on small urban, rural and tribal areas. C.HRDC is a local nonprofit working to create a place where poverty has no impact because opportunities and quality of life are equally afforded to everyone. D.In December of 2020, the City of Bozeman, the Human Resource Development Council (HRDC), and the Western Transportation Institute (WTI) successfully wrote for a National Safe Routes to Parks Equity & Access Grant (SRTP Grant) in the amount of $12,500. This grant will be used to develop a working partnership between the entities listed above to achieve the goals of the grant, as well as develop a pilot community engagement program for the City of Bozeman. NOW, THEREFORE, the Parties agree to the following: II.AGREEMENT A.General Description of the Project. The main goal of the Safe Routes to Parks project is to increase access to parks, trails, and recreational facilities by increasing participation from under- represented residents in the upcoming citywide planning process for parks, recreation, and active transportation in 2021. In so doing, HRDC, WTI, and the City of Bozeman expect that the plan will include recommendations from the people and neighborhoods that most need, and are currently isolated from, the physical, mental, and social health benefits of access to parks and trails and participation in recreational programming. 1.The project scope will help to direct the work that is done as defined in the grant as well as through the City of Bozeman’s planning process. The following items make up the initial project scope as defined in the Community Work Plan: 44 a) Definition of under-represented communities b) Piloting new public engagement methods to understand the needs and priorities of identified communities c) Hiring of trusted community liaisons to assist in outreach, meeting facilitiation, and event planning and implementation d) Creating documentation of pilot for the City of Bozeman if interested in continuing the project beyond this grant Project Evaluation e) Grant-required reports 2.The deliverables for the project as defined in the Safe Routes to Parks Community Work Plan include, but may not be limited to, the following: a) Community Engagement Plan focused on under-represented communities or areas b) Reports, graphics, communications tools summarizing feedback gained c) Recommendation on how/if to weight the feedback from marginalized communities or areas d) Report on success or shortfalls of the paid liaison pilot project and other piloted methods B.Project Roles and Tasks. 1.HRDC. HRDC is the lead on the SRTP grant project and will be the main contact with the National Safe Routes to Parks Partnership, the fiscal agent for the project, and will manage the planning, implementation, and evaluation of the project, including but not limited to the following: a) Grant management to include scheduling of meetings, reporting, billing, and any other specific management duties b) Outreach, recruitment, hiring, training, tracking and contracting of Community Liaisons c) Collecting baseline data on existing community engagment d) City of Bozeman and WTI are project partners responsible for completion of certain tasks to assist with successful completion of the SRTP Equity & Access grant as described below. Throughought the duration of this project, each project partner will have defined roles and responsibilities that inlcude but may not be limited to the following: 2.City of Bozeman. City of Bozeman is a partner on the project and will be responsible for coordination of grant activities with the larger planning process, including but not limited to the following: a) Coordination of SRTP engagement plan with the larger engagement plan and planning process timeline. b) Development/distribution of materials around the Comprehensive Parks, Recreation and Active Transportation planning process (update to the PROST). c) Assistance with outreach and recruitment through City of Bozeman channels. 3.WTI. WTI is a partner on the project. In addition to the SRTP grant funding, there are matching funds available through the SURTCOM federal funding that allows for WTI staff to work on the project. Total time is based on the amount of funding that HRDC and the City of 45 Bozeman can procure for the project (match can be either cash or in-kind time). For this specific project, the HRDC was awarded a SRTP’s grant in the amount of $12,500. WTI will be responsible for technical assistance, including but not limited to the following: a) Data collection, analysis, and reporting b) Surveys, Walk-Audits, Pre & Post Program/Event Data Collection c) Support with engagement and outreach events d) Planning, installation, and evaluation of any infrastructure-related pop-up projects e) Report development, editing, review, and final publication f) Facilitation of community-based meetings - In-person, Virtual, Other g) Assistance with Strategic Planning around the action planning process h) Utilization of the RideAmigos Platform for engagement to include: i) Incentive-based challenges/rewards, heat mapping for routes to and from parks j) Assistance with outreach and recruitment for Community Liaisons k) Connection to the Montana State University Campus including the TDM Workgroup, Campus Sustainability Action Coalition (CSAC), Student Groups/Organizations C.Press Releases; Publicity; Events. HRDC and WTI shall provide the City with advance notice of any significant public outreach or publicity events relating to the Park Project and the Campaign, an opportunity for participation. It is not anticipated that the City will be involved in the planning or execution of such events, nor is it anticipated that a representative of the City need attend any or all of such events. To facilitate its fundraising efforts in connection with the grant, HRDC and WTI may issue press releases, hold promotional events and/or take other steps to raise public awareness regarding the grant objectives. D.Miscellaneous. 1.Notices. Notices to the Parties shall be directed as follows: If to the City: The City of Bozeman Parks and Recreation Department 121 North Rouse Bozeman, Montana 59771-1230 Attention: Addi Jadin E-mail: ajadin@bozeman.net If to HRDC: Human Resource Development Council 32 South Tracy Avenue Bozeman, MT 59715 Tracy Menuez tmenuez@thehrdc.org If to WTI: 46 Western Transportation Institute PO Box 174250 Bozeman, MT 59717-4250 Matthew Madsen matthew.madsen@montana.edu Any notice sent to a Party under this MOU shall be in writing and shall be effective when received by the recipient. Each Party may change the address at which it is to receive notices by providing written notice of its new address for notices to the other Party. 2.Governing Law; Venue. This MOU shall be governed by the law of the State of Montana. The Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana. 3.Liberal Construction. This MOU shall be liberally construed to achieve the successful completion of the grant. If any provision in this MOU is found to be ambiguous, an interpretation consistent with the spirit of collaboration and the mutual goals and objectives of the Parties shall be favored over any interpretation that would be inconsistent with such purposes and goals. 4.Severability. If any provision of this MOU is found to be invalid, the remainder of the provisions of this MOU shall not be adversely affected. 5.Entire Agreement; Amendment; Assignment. This instrument sets forth the entire understanding of the Parties with respect to the grant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the MOU, all of which agreements or understandings are merged into this MOU. No alteration, amendment or modification of this MOU shall be valid or binding unless contained in a written amendment signed by both Parties. It is contemplated that from time to time this Agreement can be modified, if agreed by both Parties, to address developments in the grant and/or the update to the parks, recreation and active transportation plan. HRDC may not assign its rights or obligations under this Agreement without the prior written consent of the City. 6.Successors. The terms, conditions, commitments, restrictions and understandings set forth in this MOU shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 7.Captions. The captions in this MOU have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 8.No Partnership or Agency. Neither Party shall be considered a partner or agent of the other Party, and this MOU does not create a partnership or principal-agent relationship between the Parties. Neither Party shall have any right, power or authority to create any obligation, expressed or implied, on behalf of the other Party. The Park Project is a public-private collaboration between two separate and independent entities, each of which has a common interest in creating the Park at Story Mill, but each of which also has objectives and activities outside the scope of the Park Project and this MOU. The joint effort being formed by the City, HRDC and WTI is not a separate legal entity and neither HRDC, WTI nor the City shall have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is to work together to complete the grant objectives and achieve the Parties’ common goals as 47 stated in the Recitals above. While HRDC, WTI and the City may cooperate in the creation of other parks and open space in the future, the parties acknowledge and agree that this grant is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. 9.Indemnity and Release. HRDC and WTI agree to indemnify, defend and hold the City harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, negligent acts, errors, omissions, or willful misconduct by WTI or HRDC in the performance of its work on the grant. The Parties shall be solely responsible for any contracts they enter into or other obligations or liabilities incurred by such party in connection with their respective roles under this MOU and the grant. 10. Nondiscrimination. The Parties agree that all hiring by the Parties of persons performing this Agreement shall be on the basis of merit and qualifications. The Parties will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. The Parties 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 Parties 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. The Parties shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 11. Compliance with Laws. The Parties 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. 12. Nonwaiver. 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 condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 13. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 14. 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. 48 15. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. By signing below, each Party agrees and acknowledges that this Memorandum of Understanding accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms and conditions of this Memorandum of Understanding. CITY OF BOZEMAN BY:______________ Jeff Mihelich, City Manager DATE:______________ HUMAN RESOURCE DEVELOPMENT COUNCIL BY:____________________ Tracy Menuez, Associate Director DATE:______________ WESTERN TRANSPORTATION INSTITUTE BY:_______________________________ David Kack, Executive Director DATE:_____________________________ Approved as to form: BY: _______________ City of Bozeman, City Attorney 49 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Parks Planning and Development Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager to Sign a License Agreement for the Use of City Property by Headwaters Community Housing Trust MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize City Manager to Sign License Agreement for the Use of City Property by Headwaters Community Housing Trust STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Headwaters Community Housing Trust is developing Bridger View Development project adjacent to Story Mill Community Park and a linear park along Story Mill Road. Applicants seek permission to perform grading within each park parcel to facilitate a more gradual slope between properties and construction of a sidewalk in the linear park to connect the development to pathway along Story Mill Road. The attached license agreement describes the extent of disturbance, restoration and other terms to ensure the park properties are not unduly impacted during the project and are returned to useable conditions promptly. Staff supports the project because it improves the transition between the private development and the park. UNRESOLVED ISSUES:None ALTERNATIVES:Per Commission FISCAL EFFECTS:None Attachments: LicenseAgmt StoryMillRd.docx ExhibitC_BV PARK GRADING.pdf Exhibit A_StoryMillRdLinearPark-LegalDescription.pdf 50 Report compiled on: May 17, 2021 51 License Agreement with HCHT for Bridger View Redevelopment Page 1 of 12 AFTER RECORDING PLEASE RETURN TO: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY BY HEADWATERS COMMUNITY HOUSING TRUST This License Agreement (the “Agreement”) is entered into on ___________, 2021 between the City of Bozeman, a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”) Headwaters Community Housing Trust, with a mailing address of P.O. Box 12013, Bozeman MT 59719 (“Licensee” or “HCHT” and collectively with the City, the “Parties”). In consideration of Licensee’s promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.Purpose. The City owns the real properties described within the Quitclaim Deed attached as Exhibit A (“Linear Park”) and the legal description in Exhibit B (“Parcel 4 of Story Mill Community Park” and together with the Linear Park, “City Properties” or “Park Properties”) and agrees to authorize Licensee to access a portion of the Park Properties for purposes of completing certain alterations and improvements to HCHT’s property adjacent to the Park Properties pursuant this Agreement and Licensee’s approved plans for the Bridger View Redevelopment Planned Unit Development, Application 19464 (“PUD”). The alternations of and improvements to the Park Properties consists of the following: Grading within the Park Properties, sidewalk installation within Linear Park as depicted in Exhibit C, and other work needed to facilitate coordination between Bridger View Development, Story Mill Road construction project, and other City projects. (the “Alterations and Improvements”). 2.Description of Licensed Property. The portions of the Park Properties subject to this Agreement consist of the real property as depicted as the shaded area shaded in Exhibit C (“Licensed Properties”). 52 License Agreement with HCHT for Bridger View Redevelopment Page 2 of 12 3.Title. Licensee hereby acknowledges this Agreement grants a privilege and not an interest in the Licensed Property and the title of the City to the Licensed Properties, and Licensee agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Licensed Properties by virtue of this Agreement or Licensee’s occupancy or use hereunder. The City may enter the Licensed Properties at any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the Licensee authorized by this Agreement. 4.License for Construction and Installation of Improvements; Term. The City hereby grants permission, revocable and terminable as provided herein, during period commencing on the Effective Date and expiring on July 31, 2022 on the terms and conditions set forth herein, which Licensee promises to comply with and abide by to Licensee for Licensee’s fulfillment of its obligations as stated in this Agreement and/or the conditions of the PUD, which Licensee promises to comply with and abide by (the “Use License”). The Use License consists of permission for Licensee, their contractors, subcontractors and other entities contracted with or hired by Licensees to use the Licensed Property and no other portion of the Park Properties for only the purposes as stated herein. Construction of Improvements not in compliance with the infrastructure plan shall be considered a breach of the Use License. The term of the Use License may be extended by mutual agreement of the Parties in writing. The City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use License. Title to all permanent improvements on the Park Property(ies) and on public rights-of-way adjacent to the Park Property(ies) made by Licensee or its agents shall vest in the City, free and clear of all debts, liens and encumbrances. 5.Indemnification/Insurance. a. To the fullest extent permitted by law, Licensee, recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers 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 occupation or use of the 53 License Agreement with HCHT for Bridger View Redevelopment Page 3 of 12 Licensed Property by Licensee; (ii) the negligent, reckless, or intentional misconduct of the Licensee, its officers, employees, or agents on or related to the Licensed Property; and (iii) any negligent, reckless, or intentional misconduct of any of the Licensee’s guests, invitees, contractors, or subcontractors on or related to the Licensed Property. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. 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). Licensee’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Licensee to assert its right to defense or indemnification under this Agreement or under the Licensee’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Licenseewas obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City, the City may elect to represent itself and incur all costs and expenses of suit. Theobligations of this Section 5(a) shall survive termination of this Agreement. b. In addition to and independent from the above, during the term of this Agreement Licensee shall at Licensee’s expense maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the Licensee in Section 5(a). The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Licensee in Section 5(a). Within ten (10) days following execution of this Agreement, Licensee shall provide City with proof of such insurance in the form of a certificate of 54 License Agreement with HCHT for Bridger View Redevelopment Page 4 of 12 insurance, the insuring agreement and all applicable endorsements demonstrating that such insurance is in full force and effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. The City may require additional evidence of the nature and scope of the insurance required herein. Licensee shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. Licensee shall notify the City within two (2) business days of Licensee’s receipt of notice that any required insurance coverage will be terminated or Licensee’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. c. Licensee shall obtain the following type of insurance in the amount indicated: Workers’ Compensation:not less than statutory limits; and Employers’ Liability:$1,000,000 each 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; $2,000,000 annual aggregate; Additional coverage as may be reasonably required by the City from time to time. For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability and Automobile Liability policies. 6.Construction/Restrictions/Repair and Maintenance. a. Licensee shall, at its sole cost and expense, install and maintain in good condition a barrier fence or other suitable and customary barrier around the perimeter of any portion of the Licensed Property under construction by Licensee. The barrier shall be installed pursuant to a plan, approved in advance by the City’s Director of Parks and Recreation,or its designee. Any such barrier shall be provided for in a manner to ensure emergency responders’ access. 55 License Agreement with HCHT for Bridger View Redevelopment Page 5 of 12 b. Licensee shall, at its sole cost and expense, incorporate the Licensed Properties into any environmental permits required for the Project including management of a Stormwater Pollution Prevention Plan until the time the disturbed ground is restored. c. For the use of any public rights-of-way or any real property of the City other than the Licensed Property the Licensee shall obtain an encroachment permit from the City’s Director of Public Works or other applicable approvals. d. Licensee shall keep the adjacent private and public properties including streets, alleys, and sidewalks free from construction debris and other materials stored or located on the Licensed Property. Sediment, rock, mud, and other debris entering upon public or private property outside the Licensed Property from the Licensee’s project shall be cleaned or removed immediately. e. Licensee agrees to immediately repair any damage caused by Licensee, its agents, invitees, guests, contractors or subcontractors to any public or private property outside the Licensed Property including but not limited to streets, curbs, sidewalks, and other infrastructure to, for public infrastructure, the current City standard for that infrastructure and, for privately owned infrastructure, to a condition acceptable to the owner of such private infrastructure. Licensee agrees to timely comply with any request of the City to perform maintenance and repairs to streets, curbs, sidewalks and other infrastructure damaged by Licensee or Licensee’s agents, invitees, guests, contractors, or subcontractors. f. Any damage to the Park Properties and the Licensed Property shall be repaired to a condition acceptable to the City.Maintenance or repair work to the Property shall be performed to the City’s reasonable satisfaction. 7.Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or suffer to be committed, any waste on the Park Properties or the Licensed Property, nor shall Licensee maintain, commit, or permit the maintenance of any nuisance on the Park Properties or the Licensed Property or use the Licensed Property for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the Park Properties or the Licensed Property which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the Park Properties or Licensed Property, which are or may hereafter be enacted or promulgated by any public authority. 56 License Agreement with HCHT for Bridger View Redevelopment Page 6 of 12 8.Hazardous Materials. Licensee agrees and represents that it shall not store or dispose of on the Licensed Property any “Hazardous Materials” as defined by Federal, State or local law as from time to time amended. 9.Signage. Licensee, nor any of its agents may not install any signage except as authorized pursuant to the PUD or as may otherwise be approved by the City’s Representative. 11.Restoration. a. Within 30 days upon completion of the Licensee’s use of the Licensed Property or within 30 days of termination of this Agreement pursuant to Section 12, whichever is earlier, and under no circumstances later than July 31, 2022, the Licensee shall cause the Licensed Property (and any portion of the Park Properties disturbed by Licensee’s activities) to be fully restored to the condition existing at the date of execution by the City. Restoration is at the discretion of the City and may include but is not limited to grading and repairs to failed sub-grade; reconstruction of accesses, fencing, and existing water systems, as applicable; installation of ground cover as specified by the Parks Superintendent or City Representative; and installation of temporary water system or application of water sufficient to stabilize the area disrupted. In addition, Licensee shall restore damage it or its agents, invitees, guests, hires, contractors or subcontractors cause to other public or private infrastructure adjacent to the Licensed Property to a condition as good or better than existed prior to Licensee’s occupation of the Licensed Property. All work to restore the Licensed Property shall comply with applicable building codes and the City’s design and construction standards, except to the extent that the Existing Condition, as explained below, does not comply with such codes and standards. Licensee may be required to enter into a contract with the City for such work. Licenseemay cause their contractors or other agents to conduct such restoration but in no case shall Licensee be relieved of its obligation under this Section until such restoration is accepted by the City. b. Unless waived by the City Representative, prior to Licensee occupying the Licensed Property, the City’s Representative and Licensee shall perform an inspection of the Licensed Property and adjacent public and private infrastructure with video and/or photographs to record the condition of the Licensed Property and/or public or private infrastructure (the “Existing Condition”). 57 License Agreement with HCHT for Bridger View Redevelopment Page 7 of 12 c. The City retains the right to approve any plans for and to inspect work done under this Section. d. The City and Licensee may enter into an agreement prior to the expiration of the term of this Agreement or prior to the end of Licensee’s occupation of the Licensed Propertyregarding restoration of the Licensed Property to a condition different from the Existing Condition. Such agreement may address: (i) improvements to the Licensed Property in addition to or different than the Licensees’ obligations for restoration/repair under this Agreement; (ii) the City’s contribution of funds to such improvements, if any; and (iii) other duties and obligations of the Licensee regarding restoration and repair of the Licensed Property. Nothing in such an agreement will reduce the obligations of Licensees under this Agreement. e.Site Restoration Security.The Licensee must provide the City security for Licensee’s restoration requirement through a form acceptable to the Bozeman City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain a good and sufficient site restoration performance bond payable to the City of Bozeman. The security shall be for the complete restoration of the Site as required by this Section in an amount equal to twenty thousand dollars ($20,000.00). Such security shall be conditioned on the City’s determination whether required restorations have been satisfactorily completed. Licensee may substitute such security upon a written requested directed to the City’s Representative and upon approval by the Bozeman City Attorney. Release of the security to Licensee upon satisfaction of their restoration obligations shall be upon written request of the Licensee providing the security and must be authorized in writing by the City’s Representative. 12.Termination. If Licensee fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may, at its option, terminate this Agreement and be released from all obligations if the Licensee’s default is not cured within sixty (60) calendar days after written notice of the default is provided by the City to the Licensee. Said notice shall set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any default may result in an order by the City’s Representative for the Licensee to pay a fine. 58 License Agreement with HCHT for Bridger View Redevelopment Page 8 of 12 13.Due Diligence. Licensee shall at all times exercise due diligence in the protection of the City’s Park Properties and the Licensed Property against damages. 14.Non-discrimination and Equal Pay. The Licensee agrees that all hiring by Licensee of persons performing this Agreement shall be on the basis of merit and qualifications. The Licensee will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Licensee 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 Licensee 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. Licensee 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). Licensee must report to the City any violations of the Montana Equal Pay Act that Licensee has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Licensee shall require these nondiscrimination terms of its sub-licensees providing services under this Agreement. 15.Amendment. This Agreement represents the entire understanding between the Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 16.Assignment. Licensee may not assign this Agreement in whole or in part and may not sublet all or any portion of the Property without the prior written consent of the City. No assignment will relieve Licensee of its responsibility for the performance of the Agreement (including its duty to defend, indemnify and hold harmless). This license shall not run with the land. 17.Waiver of Claims. Licensee waives all claims against City for injury to persons or property on or about the Property or from its use of the Licensed Property. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the 59 License Agreement with HCHT for Bridger View Redevelopment Page 9 of 12 Property will be entirely that of the Licensee and that no claim shall be made against the City by reason of any act of an employee, officer, or, agent of the City or any trespasser. 18.Representatives. a.City’s Representative. The City Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager, or her successor or designee. 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, Licensee may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. b.Licensee’s Representative. The Licensee’s Representative for the purpose of this Agreement shall be Michael Brown, Executive Director, HCHT. Whenever direction to or communication with Licensee is required by this Agreement, such direction or communication shall be directed to Licensee’s Representative; provided, however, that in exigent circumstances when Licensee’s Representative is not available, the City may direct its direction or communication to other designated employees or agents of Licensee. 19.Permits. Unless otherwise agreed to in writing by the parties, Licensee shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 20.Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the Licensed Property. Licensee 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. The City shall have the right to request proof of such compliance and Licensee shall be obligated to furnish such proof. The City may order removal from the Licensed Property of any employee or agent of Licensee or any of its subcontractors for use of intoxicants on the Licensed Property. 21.Liens and Encumbrances. Licensee shall not permit any liens or encumbrances to be filed on the Park Properties or the Licensed Property related to either the Licensee’s use of the Licensed Propertyor the Licensee’s actions pursuant to this Agreement. Prior to the expiration 60 License Agreement with HCHT for Bridger View Redevelopment Page 10 of 12 of this Agreement or termination by the City or Licensee as provided herein Licensee must furnish the City with satisfactory proof that there are no outstanding liens or encumbrances in connection with the Licensee’s use of the Licensed Property. 22.Dispute Resolution. 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. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival. Licensee’s indemnification obligations 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.Waiver. A waiver by City of any default or breach by Licensee of any covenants, terms, or conditions of this Agreement does not limit City’sright to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 26.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 27.Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of Montana, Gallatin County. 28.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 29.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 except the City. 30.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 61 License Agreement with HCHT for Bridger View Redevelopment Page 11 of 12 31.Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 32.Independent Contractor.The Parties agree and acknowledge that in the performance of this Agreement Licensee shall not be considered an agent, representative, subcontractor, or employee of the City. The Parties further agree that all individuals and companies retained by Licensee at all times will be considered the agents, employees, or independent contractors of Licensee and at no time will they be the employees, agents, or representatives of the City. 33.Integration. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein 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. 34.Recordation. This Agreement shall be recorded in the files of the Gallatin County Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded agreement shall be provided to the City’s Representative. 35. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. ########### End of Agreement except for signatures ########### 62 License Agreement with HCHT for Bridger View Redevelopment Page 12 of 12 Executed this _____ day of __________________, 20___. City: By: _____________________ Jeff Mihelich Bozeman City Manager STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by Jeff Mihelich, as City Manager for the City of Bozeman, Montana. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL)Residing in________________________________ My Commission Expires:_____________________ Headwaters Community Housing Trust By: _______________________ _______________________ (Print Name) _______________________ (Title) STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by _____________________, as ______________________ of HCHT. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL)Residing in________________________________ My Commission Expires:_____________________ 63 Exhibits - License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment EXHIBIT A (Legal Description of Linear Park as described in Quitclaim Deed within Film 152 Page 2244 of the records of the Gallatin County Clerk and Recorder Office in Bozeman, Montana) 64 Exhibits - License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment EXHIBIT B (Legal Description of Parcel 4 COS 2865 Story Mill Community Park) Parcel 4 of Certificate of Survey 2865 Located in Section 31, Township 01 South, Range 06 East, P.M.M, City of Bozeman, Gallatin County, Montana. 65 Exhibits - License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment EXHIBIT C (Depiction of Licensed Areas within Park Properties) 66 PHASE 1PHASE 3PHASE 1PHASE 2PHASE 1PHASE 2PHASE 2PHASE 3STORY MILLSPUR TRAILSTORY MILL COMMUNITY PARKCITY OFBOZEMANPROPERTYSTORY MILL ROAD (60' ROW & 30' ESMT)BRIDGER DRIVE (Aka Hwy 86) - (110' ROW)HILLSIDE LANE(60' ESMT)HILLSIDE LANE (64' ROW)FLOURHOUSECOURTMILLWORKSCOURTLOT 56LOT 53LOT 49LOT 46LOT 21LOT 40LOT 35LOT 23LOT 13LOT 26LOT 27LOT 4LOT 16LOT 19LOT 47LOT 12LOT 44LOT 43LOT 39LOT 22LOT 38LOT 31LOT 33LOT 42LOT 2LOT 41LOT 37LOT 10LOT 9LOT 32LOT 29LOT 30LOT 5LOT 7LOT 8LOT 52LOT 55LOT 57LOT 54LOT 51LOT 50LOT 48LOT 45LOT 17LOT 25LOT 14LOT 15LOT 11LOT 20LOT 24LOT 36LOT 34LOT 1LOT 6LOT 3LOT 28HILLSIDE GREENHILLSIDE GROVEPHASE 2PHASE 3BLOCK 1BLOCK 2BLOCK 3BLOCK 4PATH TO THE "M"PARKSIDE WALKMILLWORKS ROW FLOURHOUSE WAY (30' ROW)BLUE SILOS WAY (30' ROW)BLUE SILOSCOURTMILLWORKS WAY (30' ROW)ADDITIONAL ROW 1976 SFLOT 18LOTC-1LOTC-2LOTC-4LOTC-5LOTC-3LOTC-6OS 1OS 5OS 6OS 3OS 4OS 7OS 7OS 8OS 7C5.0PROFESSIONALENGINEERS &SURVEYORSBRIDGER VIEW STAHLYENGINEERING& ASSOCIATESHRDC BOZEMAN MONTANA 67 68 69 70 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Parks Planning and Development Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Restoration Agreement with the Headwaters Community Housing Trust for Utility Relocation Adjacent to Bridger View Development MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign a Restoration Agreement with HCHT for Utility Relocation Adjacent to Bridger View Development 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 received a request for a utility easement from then project owners, Human Resources Development Council (HRDC), to allow relocation of private utilities off of the property they are developing between Story Mill Community Park and the Linear Park along Story Mill Road. Before signing the agreement, HRDC sold the project to current owners/applicants--the Headwaters Community Housing Trust (HCHT) . HCHT now wishes to continue with the restoration agreement for the easement relocation. As depicted in Exhibit B to the easement, the easement relocation aligns the easement along the Linear Park's west property boundary and would add another 2116 square feet to the existing easement on City land. The request from HCHT supports the Bridger View PUD and per the terms of this restoration agreement with HCHT, the City-owned land will be returned in good condition upon any disruption by the utility company and the City will be compensated for the additional land encumbrance. Staff finds the agreement suitable because it corrects an irregularly shaped easement on the City parcel, it facilitates more landscaping on the residential parcel as screening from the trail corridor, and primarily because the overhead power lines will be buried improving views within the parkland at no cost to the City. UNRESOLVED ISSUES:NA 71 ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:A payment for the appraised value of the easement amounting to $1550.00 is required per the attached valuation and the terms of the Restoration Agreement. Attachments: 2021-05.RestAgmt-StoryMillRdLinearPark-HCHT.docx HRDC Redevelopment_Waiver Valuation_2020-8-24.pdf Report compiled on: May 13, 2021 72 HCHT Easement Restoration Agreement Page 1 of 8 After recording, return to: City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59715 EASEMENT RESTORATION AGREEMENT This Easement Restoration Agreement (the “Agreement”) is an agreement between the City of Bozeman, a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”) and Headwaters Community Housing Trust, with a mailing address of P.O. Box 12013, Bozeman MT 59719 (hereinafter “HCHT” and together with the City the “Parties”). As used in this Agreement, “HCHT” includes HCHT, its employees, agents, invitees, guests, contractors or subcontractors. In consideration of HCHT’s promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.Proposed Utility Easement. The City is the owner of real property (the “City Property”) located in Gallatin County and more particularly described in the easement document attached hereto as Exhibit A. HCHT requested the City grant the utility right-of-way easement (“Easement”) attached as Exhibit A to Northwestern Corporation d/b/a NorthWestern Energy along the western boundary of the City, adjacent to HCHT’s real property proposed to be developed as the Bridger View Redevelopment planned unit development (“Bridger View Property”). The purpose and location of the proposed Easement is described in a letter by the previous owner, Human Resource Development Council, and attached exhibit dated April 14, 2020 (attached hereto as Exhibit B and by this reference made a part hereof). The City agrees to grant the Easement to NorthWestern Energy subject to the terms and conditions of this Agreement. 2.Payment. HCHTagrees to pay the Cityone thousand five hundred and fifty dollars ($1,550.00), the value of the easement as determined by the Waiver Valuation dated August 24, 2020, attached hereto as Exhibit C, within thirty (30) days after execution of this Agreement. 73 HCHT Easement Restoration Agreement Page 2 of 8 3.Obligation to Restore and Maintain City Property. Within thirty (30) days’ written notice from the City’s Representative, HCHT agrees to restore any City property damaged or disturbedby Northwestern Energy’s installation, operation, maintenance, replacement, upgrade, or removal of the utilities in the Easement area to its current condition as of the effective date of this Agreement to the City Representative’s satisfaction. The restoration required under this Section includes the replacement of trees and vegetation removed or damaged by NorthWestern Energy or HCHT in connection with the Easement. The location of replaced trees and vegetation must not interfere with the rights granted to NorthWestern Energy by the Easement. In addition, HCHT shall restore damage it causes to other public or private infrastructure adjacent to the City Property to a condition as good or better than existed prior to HCHT’s occupation of the City Property. The City retains the right to approve any plans for and to inspect work done under this Section. 4.License for Restoration and Maintenance Work. The City hereby grants permission, revocable and terminable as provided herein, on the terms and conditions set forth herein, to HCHT for HCHT’s fulfillment of its restoration and maintenance obligations as stated in this Agreement, which HCHT promises to comply with and abide by. Such permission shall include HCHT’s reasonable right of access to and from the Easement area over the City property using existing roads and trails where practicable,for purposes of fulfilling the obligations described in this Agreement. 5.Title. HCHT hereby acknowledges this Agreement grants a privilege and not an interest in the City property and the title of the City to the City property, and HRDC agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the City property by virtue of this Agreement or HCHT’s occupancy or use hereunder. The City may enter the City property at any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the HCHT authorized by this Agreement. 6.Indemnification/Insurance. a. To the fullest extent permitted by law, HCHT, recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers 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 74 HCHT Easement Restoration Agreement Page 3 of 8 related to: (i) the occupation or use of the Property by HCHT; (ii) the negligent, reckless, or intentional misconduct of the HCHT, its officers, employees, or agents on or related to the Property; and (iii) any negligent, reckless, or intentional misconduct of any of the HCHT’s guests, invitees, contractors, or subcontractors on or related to the Property. HCHT’s indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. 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). HCHT’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the HCHT to assert its right to defense or indemnification under this Agreement or under the HCHT’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the HCHT was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City, the City may elect to represent itself and incur all costs and expenses of suit. The obligations of this Section 6(a) shall survive termination of this Agreement. b. In addition to and independent from the above, during the term of this Agreement HCHT shall at HCHT’s expense maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the HCHT in Section 5(a). The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the HCHT in Section 5(a). 75 HCHT Easement Restoration Agreement Page 4 of 8 Within ten (10) days following execution of this Agreement, HCHT shall provide City with proof of such insurance in the form of a certificate of insurance, the insuring agreement and all applicable endorsements demonstrating that such insurance is in full force and effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. The City may require additional evidence of the nature and scope of the insurance required herein. HCHT shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. HCHT shall notify the City within two (2) business days of HCHT’s receipt of notice that any required insurance coverage will be terminated or HCHT’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. c. HCHT shall obtain the following type of insurance in the amount indicated: Workers’ Compensation:not less than statutory limits; and Employers’ Liability:$1,000,000 each 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; $2,000,000 annual aggregate; For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on the Commercial General Liability and Automobile Liability policies. 7.Termination. This Agreement may be terminated by mutual agreement of the Parties in writing. This Agreement will expire upon the recorded release of the Easement by NorthWestern Energy. 8.Nondiscrimination and Equal Pay. HCHT agrees that all hiring by HCHT of persons performing this Agreement shall be on the basis of merit and qualifications. HCHT will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. HCHT 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, 76 HCHT Easement Restoration Agreement Page 5 of 8 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. HCHT 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. HCHT 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, Montana Code Annotated (MCA) (the Montana Equal Pay Act). HCHT must report to the City 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 Agreement. HCHT shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 9.Amendment. Any amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 10.Agreement to Run with the Land. HCHT’s obligations under this Agreement and the license granted by the City herein shall run with the land. 11.Waiver of Claims. HCHT waives all claims against City for injury to persons or property from its use of the City Property except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 12.Representatives. Notices required under this Agreement may be provided by email or regular mail to the representatives identified in this Section. a.City’s Representative. The City Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager, or their successor or designee. 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, HCHT may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. 77 HCHT Easement Restoration Agreement Page 6 of 8 b.HCHT’s Representative. The HCHT’s Representative for the purpose of this Agreement shall be Michael Brown, Executive Director, or their successor or designee. Whenever direction to or communication with HCHT is required by this Agreement, such direction or communication shall be directed to HCHT’s Representative; provided, however, that in exigent circumstances when HCHT’s Representative is not available, the City may direct its direction or communication to other designated employees or agents of HCHT. 13.Permits. Unless otherwise agreed to in writing by the parties, HRDC shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14.Intoxicants; DOT Drug and Alcohol Regulations. HCHT shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the City property. HCHT 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. The City shall have the right to request proof of such compliance and HCHT shall be obligated to furnish such proof. The City may order removal from the City property of any employee or agent of HCHT or any of its subcontractors for use of intoxicants on the City property. 15.Liens and Encumbrances. HCHT shall not permit any liens or encumbrances to be filed on the City property related to HCHT’s use of the City property. 16.Dispute Resolution. 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. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 17.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. 18.Waiver. A waiver by City of any default or breach by HCHT of any covenants, terms, or conditions of this Agreement does not limit City’sright to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 78 HCHT Easement Restoration Agreement Page 7 of 8 19.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 20.Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of Montana, Gallatin County. 21.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 22.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 except the City. 23.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24.Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 25.Independent Contractor.The Parties agree and acknowledge that in the performance of this Agreement HCHT shall not be considered an agent, representative, subcontractor, or employee of the City. The Parties further agree that all individuals and companies retained by HCHT at all times will be considered the agents, employees, or independent contractors of HCHT and at no time will they be the employees, agents, or representatives of the City. 26.Integration. Except as otherwise provided, this Agreement constitutes the entire agreement of the Parties. Except as otherwise provided, covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. Except as otherwise provided, there are no understandings between the parties other than as set forth in this Agreement. Except as otherwise provided, all communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. ########### End of Agreement except for signatures ########### 79 HCHT Easement Restoration Agreement Page 8 of 8 Executed this _____ day of __________________, 2021. CITY: ____________________________________ Jeff Mihelich, Bozeman City Manager STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by Jeff Mihelich, as City Manager for the City of Bozeman, Montana. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL)Residing in________________________________ My Commission Expires:_____________________ Headwaters Community Housing Trust: ____________________________________ Michael Brown, Executive Director STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by Michael Brown, Executive Director for HCHT. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL)Residing in________________________________ My Commission Expires:____________________ 80 HRDC Bridger View Redevelopment Page 1 of 3 20083 Parcel 1-1 Bridger View Redevelopment HRDC, Bozeman, MT Project Name: HRDC Bridger View Redevelopment Project No: 20083 Parcel No: 1-1 WAIVER VALUATION OWNERSHIP INFORMATION Property Owner: City of Bozeman Property Address: Story Mill Rd. and Bridger Dr. (SW Corner of Intersection) Property Location: Bozeman, MT PROPETY INFORMATION Present Use: Open Space Highest and Best Use: Residential Development Zoning Authority: City Zoning Classification: R-4 (Residential High Density District) Property Size (Before): 0.989 acres Improvements: N/A ACQUISITION INFORMATION Partial Acquisition: ☒ Full Acquisition: ☐ Area to be Acquired Parcel No. Area (sq.ft.) Fee Perm. Easement Temp. Permit Parcel 1-1 Utility Ease. 2,116* ☐ ☒ ☐ * Area only includes portion of easement without existing utilities on subject property shown on Exhibit A DESCRIPTION OF ACQUISITION: Permanent property rights to utilize portions of the subject property for a public utility easement have been requested by the Human Resources Development Council District IX, Inc. (HRDC), the owner of the adjacent tract of land west of the subject property. A 20-foot wide easement along the west line of the subject property was requested for existing and proposed public and private utilities as part of HRDC’s redevelopment project (see Exhibit A attached). The present use of the subject property is as open space with a pedestrian trail. Subsequent research on the subject property did not locate a formal agreement or easement requiring the use and/or dedication of the pedestrian trail or open space. It has been assumed the pedestrian trail could be relocated into the existing road right-of-way and the property can be developed following current development codes. VALUATION ANALYSIS: The subject property has been valued as if raw, vacant land that is available for the highest and best use. The data for the subject property and comparable sales was verified by an external field inspection and desk review. This is a simplified valuation report, and as such, contains summary discussions of the data, reasoning and analysis that were used to develop the opinion of value. The Sales Comparison approach was utilized to determine the land value of the subject property. The Sales Comparison approach is recognized as the most appropriate and reliable method for estimating the value of land such as the subject property. Research of the local real estate market was conducted to document recent sales information for properties similar to the subject property. The comparable sales information utilized to develop the opinion of value of raw, vacant land similar to the subject property is detailed below: 81 HRDC Bridger View Redevelopment Page 2 of 3 20083 Parcel 1-1 COMPARABLE SALES INFORMATION Comp. Parcel # Subject 1 2 3 MLS # - - 303891 220744 301416 Property Address TBD Story Mill Rd Bozeman, MT 3315 Story Mill Rd Bozeman, MT 1055 Caddie Ct. Bozeman, MT TBD St Andrews Bozeman, MT Zoning Authority City City City City Zoning R-4 R-3 R-3 R-3 Current Use Vacant Open Space Vacant Residential Vacant Residential Vacant Residential Date of Sale - - 12/28/2017 7/6/2018 9/19/2019 Sales Price - - $159,000 $125,000 $135,000 Size (acres) 0.989 0.643 0.777 0.856 Indicated $/sq.ft. 1 - - $6.72 $4.23 $3.87 1 Adjusted for current market conditions The comparable sales data range from $3.87 per sq.ft. to $6.72 per sq.ft. The average value of the three comparable parcels is $4.94 per sq.ft. The access and zoning of the subject is similar to all three comparable parcels, however Comparable 3 is slightly removed from Story Mill Road. The subject exhibits a slightly larger parcel size than the comparables and is adjacent to two main arterial roads. The subject parcel is located adjacent to the Story Mill Park while the three comparable parcels are adjacent to Bridger Creek Golf Course. Given all these factors, the indicated market value of the subject property is estimated to be $5.16 per sq.ft. for unencumbered vacant land with similar property characteristics as just compensation for the acquisition of vacant land in fee. Additional considerations for existing site characteristics of the subject property were evaluated to adjust the property value due to the subject property’s shape in comparison to the comparable parcels. The subject parcel’s shape is narrower than the comparable parcels, making a potential development slightly more difficult, affecting the value of the land. After evaluation of the comparable sales, factoring in existing site characteristics of the subject parcel, a factor of 70% was applied. Given all these factors, the indicated market value of the subject property is estimated to be $3.61 per sq. ft. for property with this zoning, size, shape, and use as just compensation for the fee acquisition of vacant land. Easements grant specific rights on a piece of land to another entity for specific uses, but do not transfer title of the land. Compensation for easement interests is determined as a percentage of the fee value (100% acquisition value) based on the level to which the acquired interest limits/encumbers the use of the property by the owner. For permanent utility easements with underground infrastructure, the owner retains much of the use of the impacted land and is valued at 20% of the fee value. VALUATION CALCULATION: COMPENSATION Item Calculation Detail Compensation Parcel 1-1: 2,116 sq.ft. x $3.61 per sq.ft. x 20% = $ 1,528 Subtotal: $ 1,528 Cost to Cure: None $ 0 Total Compensation 1: $ 1,550 1 Rounded to nearest $50 increment. $500 minimum with permanent easements. 82 HRDC Bridger View Redevelopment Page 3 of 3 20083 Parcel 1-1 Date of Inspection: August 18, 2020 Prepared By: Date of Valuation: August 24, 2020 Tony Gaddo, PE, REALTOR® Right-of-Way Specialist Date Approved: ________________ Approved By: Berning Project Management, LLC. Name: Title: 83 EXISTING ROAD R/W (TYP) 84 Memorandum REPORT TO:City Commission FROM:Katherine Maines, Operations Manager Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Public Works Department (PWD) requires professional services to remove graffiti from City of Bozeman buildings, signs, and equipment. In addition, in an effort to prevent graffiti, the PWD works with Clean Slate Group (CSG) to wrap signal boxes with graffiti resistant, artistic coatings. Timely and consistent removal of graffiti improves community aesthetics and contributes to Bozeman’s friendly, welcoming environment. We are seeing an increase in graffiti in Bozeman so renewing this contract with CSG will help us maintain that atmosphere. UNRESOLVED ISSUES:None ALTERNATIVES:As suggest by the City Commission. FISCAL EFFECTS:Funds are allocated annually in the approved Public Works Administration budget for graffiti removal and in the Street Maintenance budget for the signal box wrapping. Attachments: Graffiti Abatement Services PSA Exhibit A - Scope of Services and Prices Report compiled on: May 5, 2021 85 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 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, Clean Slate Group, LLC, with a mailing address of 34 Outlier Way, Bozeman, MT 59718, 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 1 st day of June, 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 86 Professional Services Agreement for Graffiti Abatement Services 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. 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 87 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 3 of 11 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, 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 88 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 4 of 11 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 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 89 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 5 of 11 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. 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. 90 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 6 of 11 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 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. 91 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 7 of 11 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 John Van Delinder, Street Superintendent 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 Ryan Rickert 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 92 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 8 of 11 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. 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. 93 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 9 of 11 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. 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 94 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 10 of 11 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. 95 Professional Services Agreement for Graffiti Abatement Services FY 2021 – FY 2022 Page 11 of 11 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 five (5) 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 CLEAN SLATE GROUP, LLC By________________________________By__________________________________ Jeff Mihelich, City Manager Ryan Rickert, President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 96 Exhibit A: Scope of Services Removal of all graffiti within the public right-of-way as discovered or reported. Removal of all graffiti from private property as allowed by the property owner. Work with the City to establish protocol for the graffiti abatement program. Work with the City to document all instances of graffiti. Install vinyl wrap graffiti prevention as requested by the City. Use eco-friendly suite of graffiti abatement solutions: o Graffiti Removal Chemicals o Pressure Equipment o Vinyl Wrap Graffiti Prevention o Paint cover up (last resort) Create or utilize a well-organized graffiti management system for reporting and documenting graffiti. Other services that may be required: Development of a secure web portal for City employees to log and report graffiti. Setup and monitoring of a graffiti removal hotline for City employees to report instances of graffiti around town. Worth with the City to document all instances of graffiti around town in a web-based platform, to give both the vendor and city visibility to the backlog and current project reporting. Exhibit B: Pricing Graffiti removal/abatement will be bill at $75 per hour, ½ hour minimum per effort, rounded up to the nearest ¼ hour. *This was created so there was no start/stop or transit being billed. Graffiti removal materials are billed at cost plus 15%. Anti-graffiti cabinet or other surface wraps will be billed at $8/sqft + labor o COB uses a select view cabinet types and although they range in size, Bozeman’s cabinets fall between $675 - $875 per cabinet wrap, depending on the cabinet size. 97 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amendment to Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to the MeatEater, Inc, Contract # MT-BSTF-1-21-01 MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager, or their designee, to sign the Montana Department of Commerce Big Sky Economic Development Trust Fund program contract amendment (# MT-BSTF-1-21-01) and authorize the City Manager, or their designee, to execute additional documents required to facilitate and manage the BSTF amended grant award to MeatEater, Inc. STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND:In a March 8, 2021 letter, at MeatEater's request, the City of Bozmean supported a one year contract extension and the hiring of additional FTEs through the Montana Department of Commerce Big Sky Trust Fund Grant Program. On April 7, 2021, the Department of Commerce authorized the proposed amendmant which includes two new provisions; 1) extending the contract for one additional year; and 2) increasing the total contract award amount from $115,000 to $175,000. MeatEater, Inc has grown at a faster pace than originally anticipated. As a result of the rapid expansion of their employee base in Bozeman, MeatEater is requesting to amend the Business Assistance agreement and Management Plan to reflect the need to hire more employees and provide more time to recruit employees. UNRESOLVED ISSUES:None. ALTERNATIVES:As proposed by the Bozeman City Commisison. FISCAL EFFECTS:As part of the contract, Prospera will earn administrative fees based upon the number of net new jobs MeatEater, Inc creates over the next year. Additionally, some City staff time is required to provide the appropriate 98 review of documents and approvals. Please note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If tthe number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: 1. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or 2. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b. The business ceases operations at the Project Site within the contract period. While important to be aware of the contractual relationships and obligations, it is also important to note that, to date, the City and the 99 Department of Commerce have exercised theses sections on an assisted business in Bozeman once. In partnership with the Department of Commerce and Prospera, the City has supported numerous BSTF assisted businesses. Attachments: MeatEater City letter to DoC extension.pdf MeatEater DoC Award letter.pdf MeatEater #2 Amended -Bus Assist Agreemt-Mgmt Plan.pdf Montana_Department_of_Commerce_Contract_MT-B (12)- unsigned.pdf 05-25-21 BSTF MeatEater Budget Amendment 5-10-21.pdf Report compiled on: May 10, 2021 100 March 8, 2021 Annmarie Robinson, Section Manager Big Sky Economic Development Trust Fund Montana Department of Commerce PO Box 200505 Helena, MT 59620-0505 RE: BSTF Category I Job Creation Grant: BSTF-MT-1-21-01 Dear Annmarie, The City of Bozeman requests a 1 year extension and additional funding to the Big Sky Economic Development Trust fund grant for MeatEater, Inc., contract #BSTF-MT-1-21- 01, which will end on July 1, 2021. As of March 8, 2021, MeatEater has hired 16 net new employees out of the 23 authorized under their BSTF Category I job creation grant awarded July 1, 2020. A revised hiring plan, as well as a written request from MeatEater, Inc., is attached. The company plans to fill the additional 7 jobs from the first year and has respectfully requested an additional year (through July 1, 2022) and additional funds ($60,000 for 12 new jobs) to complete their hiring plan for the second year. MeatEater, Inc. remains a strong local company, creating jobs, wealth and exposure for Bozeman. Continued support from the BSTF program will help ensure the company’s ongoing success. Sincerely, Brit Fontenot Director of Economic Development 101 SCOTT OSTERMAN GREG GIANFORTE DIRECTOR GOVERNOR COMMERCE.MT.GOV | MARKETMT.COM 301 S. PARK AVE. | OFFICE OF TOURISM AND BUSINESS DEVELOPMENT - PO BOX 200533 | HELENA, MT 59620-0533 P: 406.841.2870 | F: 406.841.2871 | TDD: 406.841.2702 April 7, 2021 Dennis Taylor, City Manager City of Bozeman P O Box 1230 Bozeman, MT 59771-1230 RE: Montana Department of Commerce’s Big Sky Economic Development Trust Fund (BSTF) Program, Contract # MT-BSTF-1-21-01, MeatEater, Inc. Dear Dennis: The Department of Commerce has reviewed your request for an amendment to the above-referenced contract. The amendment requests included: • Extending the contract for one year; and • Increasing the contract award by $60,000 for an additional 12 jobs. The Department has approved the extension of time and the increase in funding and jobs. The new contract amount will be $175,000 for the creation of 35 net new jobs. The contract period will be July 1, 2020 to July 2, 2022. A contract amendment will be routed to you through DocuSign. We look forward to successful completion of this grant. Sincerely, Wayne Johnston, Bureau Chief Montana Office of Tourism and Business Development Business Assistance Division c: Jen Nord, MeatEater, Inc. Alexa Freeburg, Prospera Business Network Annmarie Robinson, Big Sky Economic Development Trust Fund Program DocuSign Envelope ID: B457ECFA-F99F-4362-9375-15E9B6B36FD2 102 Certificate Of Completion Envelope Id: B457ECFAF99F4362937515E9B6B36FD2 Status: Completed Subject: Please DocuSign: City of Bozeman - MeatEater - BSTF Amendment Approval Letter.pdf Source Envelope: Document Pages: 1 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Annmarie Robinson AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 ARobinson3@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 4/7/2021 11:11:46 AM Holder: Annmarie Robinson ARobinson3@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Wayne Johnston WJohnston@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 4/7/2021 11:12:36 AM Viewed: 4/7/2021 11:14:18 AM Signed: 4/7/2021 11:14:28 AM Electronic Record and Signature Disclosure: Accepted: 4/7/2021 11:14:18 AM ID: 5ac1bd16-069a-44b7-93a2-d8e7a3312cd2 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Alyssa Townsend ath@mt.gov Security Level: Email, Account Authentication (None) Sent: 4/7/2021 11:14:29 AM Viewed: 4/7/2021 12:36:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annmarie Robinson arobinson3@esign.mt.gov MOTBD Security Level: Email, Account Authentication (None) Sent: 4/7/2021 11:14:29 AM Resent: 4/7/2021 11:14:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp 103 Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/7/2021 11:12:36 AM Certified Delivered Security Checked 4/7/2021 11:14:18 AM Signing Complete Security Checked 4/7/2021 11:14:28 AM Completed Security Checked 4/7/2021 11:14:29 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 104 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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PARTIES: The parties to this contract (the Contract) are the CITY OF BOZEMAN, PO Box 1230, Bozeman, MT 59771-1230, (the “City”), and MeatEater, Inc., 1203 N Rouse Avenue, Suite 3B, Bozeman, MT 59715 (the “Assisted Business”); Tax identification number 81-6001238. B. PURPOSE: The purpose of this Contract is for the Assisted Business to use up to $115,000 $175,000 in Big Sky Economic Development Trust Fund (the “BSTF”) grant funds, to be used as follows: • Up to $105,800 $161,000 to assist with purchase of equipment, software and leasehold improvements. a. The Assisted Business has agreed to create 23 35 eligible net new jobs at the project site located at Bozeman, Montana (the “Project Site”) in the Government’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled on or before July 1, 2020. Eligible new job criteria are a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week; and b. Pays wages that meet or exceed $20.88 per hour, excluding benefits. c. In addition, MeatEater, Inc. has agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received or up to $115,000 $175,000, within this Contract time period, to satisfy the required match ratio for the grant. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree as follows: 1. SCOPE AND DUTIES: The Government and the Assisted Business shall engage in activities as set forth in the Government’s Montana Department of Commerce (“Department”) BSTF application, including any written modifications resulting from the review of the application by the Department for grant assistance, all of which, by this reference are made a part hereof. The Government shall enter into this Assistance Agreement with the Assisted Business that shall be approved in writing by the Department before the release of funds. The Government will only release funds to reimburse eligible and documented costs. Management of the BSTF grant is referenced in the attached Exhibit A of this Contract. 2. REPORTING: Unless otherwise specified by the Government, the Assisted Business will also submit Project Progress Reports quarterly to the Government and the Department until the Assisted Business receives Contract closeout approval from the Government and Department. The Project Progress Report must be provided on or before April 15, July 15, October 15 and January 15 for each year of the Contract time period and at closeout of the Contract. The Project Progress Reports shall include, but are not limited to, the following information: • Certified employment documentation from the Assisted Business that includes the breakdown of jobs created, using the Job Status Spreadsheet and accompanying Job Certification Form; and 108 Business Assistance Agreement with Management Plan 2 Government and Assisted Business • Written Progress Report that should include the following items: o detailing progress towards achieving the hiring objectives and project goals that were described in the application with projected completion date; o any difficulties encountered in working towards these goals; o any changes within the assisted business structure, business name or changes to its registration with the Montana Secretary of State’s office; and o any other pertinent information. In drawing against the reserved amount, the Assisted Business shall: • Provide a Project Progress Report, and a current, signed Job Creation Spreadsheet and Certification as noted above; • Provide documentation of eligible reimbursable costs/match-usually consultant invoices; and • Update the Invoice Tracking spreadsheet, with updates of latest invoices included. 3. COMPENSATION AND CONSIDERATION: The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $115,000 $175,000 per eligible net new job created by the Assisted Business, for documented costs with reimbursement not to exceed a total of $105,800 $161,000 for the entire Contract. The City of Bozeman will not reimburse the Assisted Business for any costs incurred prior to July 1, 2020, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Assisted Business’s records. a) The City of Bozeman will authorize the Assisted Business to draw up to $105,800 $161,000 (total BSTF award, minus grant administration) against the funding reserved for the Assisted Business by the Department. Unless otherwise authorized by the City of Bozeman, the Assisted Business may receive grant funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. b) If the City of Bozeman, determines that the Assisted Business has failed to satisfactorily carry out the duties and responsibilities under the Contract, the City of Bozeman may revoke the Assisted Business's ability to access additional funds until such time as the Government and the Assisted Business agree on a plan to remedy the deficiency. c) The City of Bozeman, may recapture funds and return funds to the Department if: • At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period; or • The Assisted Business ceases operations at the Project Site within the contract period. d) The City of Bozeman, reserves the right to withdraw a commitment for any BSTF funds which remain un-disbursed at Contract closeout or at the end of the Contract period. e) The Assisted Business certifies that no request for reimbursement submitted for eligible expenses under this Contract shall duplicate any expense submitted to the Department for reimbursement under any other program administered by the Department. 109 Business Assistance Agreement with Management Plan 3 Government and Assisted Business 4. PERIOD OF CONTRACT: The Contract will be in effect for the period commencing July 1, 2020 and will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the City of Bozeman. With approval by the Department, the City of Bozeman, reserves the right to extend this Contract based on, but not limited to, the Assisted Business’s performance of the contracted activities, and the Assisted Business’s compliance with program requirements. This would include but not limited to: a) The Assisted Business has created the net new jobs paying the BSTF wage rate per the original application; and b) The submission of: • a new Job Creation Report and executed Certification Form; • A formal request from the City of Bozeman, that provides the Department with a clear picture of the current business activities which clearly outlines why a contract extension is being requested; • A new hiring plan that covers the extension period; and • Any additional information as requested by the Department in making their determination of approval. 5. LIAISON: The contact person for the City of Bozeman, is Brit Fontenot, Director of Economic Development (406) 582-2258, or successor, and Jen Nord, VP of Finance, MeatEater, Inc., (406) 570-2834 or successor for the Assisted Business. 6. SIGNATORY JOB CREATION REPORTING: The person responsible for approving and signing the Job Creation Certification for the Assisted Business is Jen Nord, VP of Finance, (406) 570-2834, jen@themeateater.com or Josh Prestin, VP of Business Development, (406) 589-5296, josh@themeateater.com or successors in the same job roles. 7. PROJECT MONITORING: The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Contractor’s performance to determine compliance with the SCOPE OF WORK, the proper use of Program funds, and other technical and administrative requirements of this Contract, including the adequacy of the Contractor’s records and accounts. The Department will advise the Contractor of any specific areas of concern and provide the Contractor opportunity to propose corrective actions acceptable to the Department. Failure by the Contractor to proceed with reasonable promptness to take necessary corrective actions shall be a default. If the Contractor’s corrective actions remain unacceptable, the Department may terminate this Contract in whole or in part, or reduce the contract price or award to reflect the reduced value of services received. 7. COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Assisted Business accepts responsibility for supplying, and requiring all subcontractors to supply, the City of Bozeman with proof of compliance with the Montana Workers’ Compensation Act while performing work for the State of Montana. (Mont. Code Ann. §§ 39-71-401, 39-71-405, and 39-71-417.) Neither the Assisted Business nor its employees are employees of the Government. The proof of insurance/exemption must be in the form of workers’ compensation insurance, an independent 110 Business Assistance Agreement with Management Plan 4 Government and Assisted Business contractor exemption, or documentation of corporate officer status and must be received by the Government within 10 working days of the execution of this Contract, and must be kept current for the entire term of the contract. CONTRACTS WILL BE TERMINATED PURSUANT TO THE PROVISIONS OF SECTION 11 TERMINATION OF CONTRACT IF THE ASSISTED BUSINESS FAILS TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. Coverage may be provided through a private carrier or through the State Compensation Insurance Fund (406) 444-6500. An exemption can be requested through the Department of Labor and Industry, Employment Relations Division (406) 444-1446. Corporate officers must provide documentation of their exempt status. 8. ACCESS AND RETENTION OF RECORDS: Upon receipt of reasonable advance notice, the Assisted Business agrees to provide the Government, Montana Department of Commerce, Legislative Auditor or their authorized agents, access to any records necessary to determine contract compliance. The Assisted Business agrees to create and retain records supporting the BSTF project activities for a period of three years after either the completion date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party. 9. TERMINATION OF CONTRACT: This Contract may only be terminated in whole or in part as follows: a) Termination Due to Loss or Reduction of Funding. The Government, at its sole discretion, may terminate or reduce the scope of this Contract if available funding sources are eliminated or reduced for any reason. If a termination or modification is so required, the Government may, if sufficient program funds are available, compensate the Assisted Business for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Government will notify the Assisted Business of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, will provide the Assisted Business with a modified Project budget. b) Termination for Cause with Notice to Cure Requirement. The Government may terminate this Contract for failure of the Assisted Business, its contractors, or subcontractors to perform or comply with any of the services, duties, terms or conditions contained in this Contract after giving the Assisted Business written notice of the stated failure. The written notice will 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. c) Effect of Termination. In the event of termination due to the Assisted Business’s, its contractors', or subcontractors' failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the responsibility of the Assisted Business. However, at its sole discretion, the Government may approve requests by the Assisted Business for reimbursement of expenses incurred. The Government’s decision to authorize payment of any costs incurred or to recover expended Program funds 111 Business Assistance Agreement with Management Plan 5 Government and Assisted Business will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Assisted Business to comply with the any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Assisted Business’s control. 10. COMPLIANCE WITH LAWS: The Assisted Business must, in performance of work under this Contract, fully comply with all applicable federal, state, local and tribal laws, rules and regulations, including Executive Order No. 12-2015 Amending and Providing For Implementation of the Montana Sage Grouse Conservation Strategy , the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act (“Affordable Care Act”). Any subletting or subcontracting by the Assisted Business subjects subcontractors to the same provisions. In accordance with Mont. Code Ann. § 49-3-207, Executive Order No. 04-2016, the Assisted Business agrees that the hiring of persons to perform the Contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, sex, pregnancy, childbirth or medical conditions related to 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. The Affordable Care Act requires an Assisted Business, if the Assisted Business is an applicable large employer under the ACA, to provide healthcare coverage for its employees, who provide services for the State and work for 30 or more hours per week. This coverage must also cover the eligible employee’s dependents under the age of 26. The coverage must (a) meet the minimum essential coverage, minimum value, and affordability requirements of the employer responsibility provisions under Section 4980H of the Code (ACA), and (b) otherwise satisfy the requirements of the Code § 4980 H (ACA) if provided by the State. 11. 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. 112 Business Assistance Agreement with Management Plan 6 Government and Assisted Business Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. Jen Nord, VP of Finance Date MeatEater, Inc. Jeff Mihelich, City Manager Date City of Bozeman ATTEST: ______________________________ _____________________________ Mike Maas, City Clerk Legal Review 113 Business Assistance Agreement with Management Plan 7 Government and Assisted Business Exhibit A MANAGEMENT PLAN On May 15, 2020, the City of Bozeman was awarded a grant from the Big Sky Economic Development Trust Fund (BSTF) Program to assist MeatEater, Inc. with purchase of equipment, software and leasehold improvements and the creation of jobs in Montana. Prospera Business Network (PBN) will be responsible for assisting with the administration of the BSTF grant. This Management Plan is written to assure proper management of the BSTF grant, which includes financial management of grant funds, compliance with state and federal requirements, and the timely start-up and completion of project activities. A. ADMINISTRATIVE STRUCTURE 1. City of Bozeman GOVERNMENT The following persons will have lead responsibility for administering the Government’s BSTF grant to facilitate an expansion of the Assisted Business: a. Jeff Mihelich, as the City of Bozeman’s City Manager, will have responsibility for all official contacts with the Montana Department of Commerce (Department). The City of Bozeman Commissioners will have the ultimate authority and responsibility for the implementation of the Government’s BSTF grant to facilitate an expansion of the Assisted Business. The City of Bozeman Commissioners will approve and sign administrative documents and approve all payment requests to the BSTF program. The City of Bozeman Commissioners will approve all contracts and payment requests. The telephone number for the Chief Elected Official is (406) 582- 2383. b. Greg Sullivan, City of Bozeman’s Attorney, will review any proposed contractual agreements associated with the BSTF grant, advise the Commissioners regarding the agreements, and provide any other legal guidance as requested. Telephone: (406) 582-2309. c. Kristin Donald, City of Bozeman, Finance Director, has been designated as the Fiscal Officer and will be responsible for maintaining all financial records related to the BSTF grant funds for the Government. Telephone: (406) 582-2321. d. Mike Maas, City Clerk, will be responsible for maintaining all official records related to the BSTF grant for the Government. Telephone: (406) 582-2321 e. Brit Fontenot, City of Bozeman, Director of Economic Development, has been designated as the Project Manager and will be responsible for maintaining records related to the management of the BSTF grant funds for the Government. This contact will be the liaison between the EDO, the Commissioners and the Government Attorney. Telephone: (406) 582-2258. 2. Prospera Business Network, ECONOMIC DEVELOPMENT ORGANIZATION (EDO) The EDO will provide general technical assistance, coordination of funding sources, assurances of compliance with all applicable state requirements for the BSTF grant program. The Government 114 Business Assistance Agreement with Management Plan 8 Government and Assisted Business has designated the EDO as its Administrator. The following EDO personnel will be responsible for the project: a. Paul Reichert, Executive Director, will be responsible for all official contacts with the Government on behalf of the EDO. Telephone: (406) 587-3113. b. Alexa Freeburg, Grants Manager, will serve as the EDO Administrator and will be responsible for overall coordination of the BSTF grant awarded to the Government. Telephone: (406) 587-3113. 3. MeatEater, Inc., ASSISTED BUSINESS The following Assisted Business Officers will be responsible for the implementation of the project: a. Jen Nord, VP of Finance, will serve as the Business Official for the Assisted Business. This person will have responsibility for all official contacts with the Government and BSTF Department Staff. Telephone: (406) 570-2834. b. Josh Prestin, VP of Business Development, will serve as the Business Official for the Assisted Business. Telephone: (406) 589-5296. B. PROJECT MANAGEMENT 1. Brit Fontenot, Director of Economic Development, will: a. Work with the EDO Administrator and the Department in the timely execution of the BSTF contract between the Government and the Department. b. Work with the EDO Administrator and the Assisted Business in the development of a Business Assistance Agreement. c. Make appropriate recommendations and route all contract documents, administrative documents, and payments as necessary. d. Review all proposed expenditures of BSTF funds to ensure compliance with the BSTF contract. e. Review, approve, and submit the BSTF payment requests, after preparation by EDO Administrator and approval by the City of Bozeman, to the BSTF Program, Montana Department of Commerce, and ensure disbursement of funds. f. Review and approve all BSTF closeout documents. 2. Prospera Business Network will serve as, EDO Administrator, responsible for the following day to day project activities and will: a. Assisting the Government and the Department in developing the Government contract, along with all the required paperwork, with the Department that will address all requirements related to effective project start-up and implementation. 115 Business Assistance Agreement with Management Plan 9 Government and Assisted Business b. Assisting the Government and the Assisted Business with the preparation of a Business Assistance Agreement. c. Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the project. d. Assist the assisted business with the baseline and subsequent Job Creation Report and Job Creation Certification. e. Meet regularly with the Assisted Business to monitor the business’s compliance with the requirements of the grant assistance agreement including implementation of the project hiring or hiring/training plan. f. Reviewing all proposed project expenditures or payment requests from the business to ensure their propriety and proper allocation of expenditures to the BSTF project budget. g. In cooperation with the Project Manager, processing payment requests and preparing payment requests for the Department, including the Request for Payment Form and the Project Progress Report with each payment request and quarterly as specified by the Department. h. Assist the Government during the BSTF on-site monitoring visit which is conducted to ensure compliance with the requirements of the BSTF contract. i. Preparing all required performance reports and Project Closeout Certification for submittal to the Department. j. Closing the BSTF project in a timely fashion within the period of the contract between the Department and the Government. k. Attending City of Bozeman Commissioners meetings to provide project status reports and representing the BSTF project at any other public meetings as deemed necessary by the City. l. It is understood and agreed that the EDO’s services within this Management Plan does not include any of the following: the disbursement or accounting of funds distributed by the Government’s financial officer, legal advice, fiscal audits or assistance with activities not related to the BSTF project. 3. Jen Nord, VP of Finance with MeatEater, Inc., will: a. Will oversee the compliance with the proposed Hiring Plan as submitted in the BSTF Application. b. With assistance of the EDO Administrator, prepare the Job Creation Reports, Job Creation Certifications and Progress Reports. c. Provide copies of invoices for reimbursement by the BSTF Program and to satisfy the matching funds requirement. 116 Business Assistance Agreement with Management Plan 10 Government and Assisted Business d. Maintain own project files. e. Assist the Project Manager, EDO Administrator with monitoring of the project. f. Will notify the Government Project Manager, EDO Administrator and Montana Department of Commerce of any changes within its business structure, business name or changes to its registration with the Montana Secretary of State’s office. C. FINANCIAL MANAGEMENT As designed in the BSTF contract, the total amount of the BSTF award will not exceed $115,000. 1. Government – Awardee The Fiscal Officer will be responsible for: a. Depositing and recording the BSTF funds into the City of Bozeman’s existing accounting system based on claims and supporting documents approved by the Project Manager and City of Bozeman Commissioners. b. Preparing checks/warrants for approved expenditures. c. Disbursing funds in accordance with the Government’s established claim review procedures. d. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. e. The original financial documents (claims with all supporting documents attached) will be retained in the Government’s offices. 2. Economic Development Organization - Administration Funds a. Administrative payments will consist of reimbursement for $400 per eligible net new job created by the Assisted Business b. If an additional award is made for year two to the City of Bozeman, to assist MeatEater, Inc., and for the creation of up to 12 jobs, that assistance reimbursement would be for additional funds up to $60,000, with up to $4,800 for admin expenses and up to an additional $55,200 to go to MeatEater, Inc. 3. Assisted Business - Project Funds The Business Contact will be responsible for: a. Supply invoices for reimbursement and match requirement and update the tracking spreadsheet for completeness and accuracy. b. Ensuring accurate deposit for each draw taken and recording the funds into the Assisted Business’s existing accounting system. 117 Business Assistance Agreement with Management Plan 11 Government and Assisted Business c. With the assistance of the Project Manager, preparing the final financial report for the project Closeout Certification. d. The original financial documents (claims with all supporting documents attached) will be retained in the Assisted Business’s office files for at least three years. The Government’s application to the Department for BSTF funding, dated July 1, 2020, and all applicable federal and state statutes and regulations are incorporated into this Agreement by this reference. This Management Plan will expire once the Montana Department of Commerce officially closes out the BSTF grant award to the Government. WE HAVE READ THE MANAGEMENT PLAN AND ARE AWARE OF THE RESPONSIBILITIES FOR THE MANAGEMENT AND OVERALL SUCCESS OF THE BSTF PROJECT AS THE DESIGNATED LIAISONS FOR THE PROJECT: GOVERNMENT PROJECT MANAGER GOVERNMENT FISCAL OFFICER Brit Fontenot Date Kristin Donald Date Director of Economic Development Finance Director City of Bozeman City of Bozeman Prospera Business Network (EDO): BUSINESS CONTACT Paul Reichert Date Jen Nord Date Alexa Freeburg Date 118 Business Assistance Agreement with Management Plan 12 Government and Assisted Business IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 4th day of May, 2021. Jeff Mihelich Date City Manager, City of Bozeman Jen Nord Date VP of Finance, MeatEater, Inc. Josh Prestin Date VP of Business Development, MeatEater, Inc 119 1 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman COMMERCE CONTRACT #MT-BSTF-1-21-01 MONTANA DEPARTMENT OF COMMERCE CONTRACT AMENDMENT # MT-BSTF-1-21-01A This Contract Amendment is entered into by and between the City of Bozeman, (“Contractor”) and the Montana Department of Commerce (“Department”). Program funds have been awarded to assist the Contractor and MeatEater, Inc. The Contractor and the Department mutually agree to amend Contract #MT-BSTF-1-21-01 (“Contract”), executed by them on September 16, 2020 as follows: 1. Section 1 of the Contract is amended to read: PURPOSE The purpose of this Contract is to provide funding for Big Sky Economic Development Trust Fund (BSTF) Program (the Program) Economic Development Job Creation Project activities approved by the Department which the Contractor has applied for project funds pursuant to Sections 90-1-201 et seq., Montana Code Annotated (MCA). Program funds have been awarded to assist the Contractor and MeatEater, Inc. 1203 N Rouse Avenue, Suite 3B, Bozeman, MT 59715, (the “Assisted Business”) with purchase of equipment, software and leasehold improvements and the creation of jobs in Montana. The Assisted Business has agreed to create 35 eligible net new jobs at the project site located at Bozeman, Montana (the “Project Site”) in the Contractor’s jurisdictional area within the Contract time period. An eligible net new job is defined as one that is new to the company and has not been filled before July 1, 2020. Eligible new job criteria is a full-time job, meaning a predominantly year-round position requiring an average of 35 hours of work each week, and pays wages that meet or exceed $20.88 per hour, before the value of benefits is added. In addition, the Contractor and the Assisted Business have agreed to a total new investment at the Project Site, which is equal to or greater than $1 for every $1 of BSTF financial assistance received, within this Contract time period. DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 120 2 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman 2. Section 6 of the Contract is amended to read: EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect on July 1, 2020 and will terminate upon completion of the final closeout by the Department, or by July 1, 2022, whichever comes first, unless otherwise terminated in accordance with the terms of this Contract. The employment level of MeatEater, Inc. one day prior to the contract effective date of July 1, 2020 is 32 permanent, full-time employees onsite, per the certified baseline job report. (b) All Program award monies must be expended by the Contractor within the timeline specified in the Contractor’s application, which by reference is made a part of this Contract. The Contractor may modify the implementation schedule set forth in the Contractor’s application only upon obtaining prior approval of the Department. (c) Each party, after termination of this Contract, remains subject to and obligated to comply with all legal and continuing contractual obligations arising in relation to its duties and responsibilities that may arise under the contract including, but not limited to, record retention, audits, and indemnification. d) The Department reserves the right to extend this Contract based on but not limited to the Contractor’s performance of the contracted activities, the Contractor’s compliance with program requirements and the availability of program funding. 3. Section 7 of the Contract is amended to read: BUDGET (a) The total amount to be awarded to the Contractor under this Contract will not exceed $175,000 to be used as follows: • Up to $161,000 (or $4,600 per job created) to assist the Assisted Business with the purchase of equipment, software and leasehold improvements; and • Up to $14,000 (or $400 per job created) for eligible administrative expenses. (b) The Project budget is set forth in the application, as submitted by the Contractor and approved by the Department, and as specifically incorporated by this reference. The Department must approve budget adjustments to the Project in advance. To obtain approval of a budget adjustment, the Contractor shall describe the rationale for a budget adjustment in writing to the Department. (c) Any Project expenses the Contractor fails to incur on or before July 1, 2022 will revert to the Big Sky Economic Development Trust Fund. (d) The total amount to be awarded to the Contractor under the Contract shall be up to $5,000 per eligible net new job created by the Assisted Business for documented costs with DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 121 3 of 3 Big Sky Economic Development Trust Fund Contract Amendment # MT-BSTF-1-21-01A Montana Department of Commerce City of Bozeman reimbursement not to exceed a total of $175,000 for the entire Contract. The Department will not reimburse the Contractor for any costs incurred prior to July 1, 2020, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Contractor’s records. 3. All other provisions of the Contract remain in full force and effect. By: ________________________________________________________________ Jeff Mihelish Date City Manager, City of Bozeman ATTEST: _______________________________________________________________ Mike Maas Date Clerk By: ________________________________________________________________ Adam Schafer Date Deputy Director, Montana Department of Commerce DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 122 Contract Information Sheet Division staff are required to complete the items in blue print. Contract Number:MT-BSTF-1-21-01A Division: Contractor's Name:City of Bozeman MOTBD Contractor (Signee) Name:Jeff Mihelish Contractor's Email:jmihelish@bozeman.net Contractor's Address:P O Box 1230 Vendor Number: Contractor's Address 2:Bozeman, MT 59771-1230 23437 Contractor Liaison:Mike Maas Contractor's Liaison Email:mmaas@bozeman.net Begin Date: 7/1/2020 End Date: (Federal Funds Required)N/A 7/1/2022 Current Term Amount:175,000.00 Absolute End Date: Total Contract Value:175,000.00 N/A Organization Number:535301 Original Contract FY: RFP Number (if applicable):N/A FY__21__ Program Number:51 Funding Source: Contract Type:Grant State (Standard, Sole Source, Exigency, Term Contract, Lease, MOU, PO, Grant)(State, Federal, Both, Other) Contract Usage:As Needed (As Needed, Fixed, No Cost) Purpose of this contract: Scope & duties of this contract: Liaison:Alyssa Townsend Program Manager:Annmarie Robinson Liaison Email:ath@mt.gov Bureau Chief:Wayne Johnston Liaison Phone:841-2748 Additional Email:arobinson3@mt.gov bfontenot@bozeman.net Brit Fontenot afreeburg@prosperamt.org Alexa Freeburg Additional APO Email:Jmorand@mt.gov Signatures:Carbon Copies: Division Adminstrator Liaison: Fiscal Review Director (> $200K): Legal Counsel Deputy Director (<$25K): Deputy Director Perceptive: OBPP BSTF Award Job Creation Award DocuSign Envelope ID: A4E69826-9F10-4DBF-A7A5-0899077677C1 123 Certificate Of Completion Envelope Id: A4E698269F104DBFA7A50899077677C1 Status: Sent Subject: Montana Department of Commerce Contract #MT-BSTF-1-21-01A for Signature Source Envelope: Document Pages: 4 Signatures: 0 Envelope Originator: Certificate Pages: 6 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 5/4/2021 2:09:06 PM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Jennifer Pelej jpelej@mt.gov Division Administrator Security Level: Email, Account Authentication (None) Sent: 5/4/2021 2:13:56 PM Electronic Record and Signature Disclosure: Accepted: 4/30/2021 3:09:51 PM ID: 07a46b10-0681-4788-9e10-ea35c96114fe Kelsey Hopewell Kelsey.Hopewell2@esign.mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jessica Blumberg Jessica.Blumberg@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/4/2021 11:04:46 AM ID: 08368139-aff7-4c66-8f35-5c189476bb90 Jeff Mihelish jmihelish@bozeman.net Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/13/2021 10:43:39 AM ID: 26719c13-b2f5-4b9c-8ad8-31ffee5f35e1 124 Signer Events Signature Timestamp Adam Schafer aschafer@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/4/2021 11:04:23 AM ID: 49845aff-45d7-45e8-9b5d-cf446dce9e82 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Annmarie Robinson arobinson3@mt.gov Security Level: Email, Account Authentication (None) Sent: 5/4/2021 2:13:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brit Fontenot bfontenot@bozeman.net Brit Fontenot, ED Dir. Security Level: Email, Account Authentication (None) Sent: 5/4/2021 2:13:57 PM Electronic Record and Signature Disclosure: Accepted: 6/16/2015 8:35:10 AM ID: 79fd0248-abf5-4575-a049-509ecf212ba1 Jo Morand jmorand@mt.gov Security Level: Email, Account Authentication (None) Sent: 5/4/2021 2:13:57 PM Electronic Record and Signature Disclosure: Accepted: 4/9/2021 3:06:02 PM ID: 1ae21b05-d403-4c49-aa53-3f2f11883939 Alyssa Townsend ath@mt.gov Security Level: Email, Account Authentication (None) Sent: 5/4/2021 2:13:56 PM Viewed: 5/4/2021 2:19:01 PM Electronic Record and Signature Disclosure: Accepted: 4/22/2021 1:08:48 PM ID: 381013aa-eaf2-442d-ac41-15ed70dc6171 Cyndi Davis CDavis3@mt.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/30/2021 2:17:27 PM ID: 9e379ef5-6598-4ecf-af0c-38a69a48e755 Witness Events Signature Timestamp 125 Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/4/2021 2:13:57 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 126 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM Parties agreed to: Jennifer Pelej, Jessica Blumberg, Mike Maas, Adam Schafer, Brit Fontenot, Jo Morand, Alyssa Townsend, Cyndi Davis 127 electronically from us. 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Acknowledging your access and consent to receive materials electronically 128 To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 129     TO:        Jeff Mihelich, City Manager             FROM:    Kristin Donald, Finance Director  DATE: SUBJECT:      Administrative Budget Amendment (Grant)‐ Big Sky Trust Fund Award  BACKGROUND:  This budget amendment is to authorize the receipt and expenditure of the Big Sky Trust Fund Award made  to the City of Bozeman for pass‐through to MeatEater. The City has contracted with Prospera for the  administration of the grant for MeatEater (MT‐BSTF‐01‐21‐01).     123‐0000‐331.20‐00 GRANTS/STATE GRANTS  $60,000  123‐8240‐459.70‐99 OTHER/General    $60,000  Project Code: 821516    Please sign below to demonstrate your approval of the roll forward of the funds in the attachment.    __________________________________________    ________________  Jeff Milhelich, City Manager            Dtae            Kristin Donald  Finance Director    DocuSign Envelope ID: C4410D77-EC8E-480A-86DB-EFC01177241B 5/10/2021 130 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amendment 12 with Morrison- Maierle for the North 7th Avenue Lighting and Sidewalk Project, Engineering Contract MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Contract Amendment 12 with Morrison- Maierle. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:For the past several years, the top priority project for the Midtown Urban Renewal Board has been installing sidewalks setback from N. 7th Avenue, new architectural street lights, and enhanced landscaping along the corridor. The aim is to enhance the quality of the built environment and active transportation amenities to attract investment in the corridor. The engineering contract for this work has been extended by amendment. The District plans to complete the streetscape between Durston Rd. and Mendenhall St. during summer 2021. This contract amendment includes construction administration and management, including work for bidding addendums and award that are currently in progress or previously completed. The attached cover letter describes the specific services contained in the Amendment. UNRESOLVED ISSUES:None. ALTERNATIVES:At the suggestion of the City Commission. FISCAL EFFECTS: The engineering work described by Contract Amendment 12 totals $30,500 Funding for this work was included in a budget amendment approved by the City Commission on May 11, 2021.     131 Attachments: 0417.063 Amendment #12.pdf Report compiled on: May 12, 2021 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution 5307 Authorizing Change Order No. 3 to the North 7th Avenue Streetscape Project MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5307. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2020 and spring 2021, the City agreed to additional changes for the North 7th Streetscape Improvements Project. The change order relates to numerous changes related to conditions on the ground in this complicated context with numerous unlocatable utilities and unexpected findings during excavation. A detailed description of the items included in the change order is include in attached Bulletins 2 and 3. The final recommended change in cost and time for these items is reasonable and commensurate with the work involved. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This change order increases the contract amount by $75,779.86 from $3,737,047.68 to 3,812,827.54. Funding for the change order is included in a budget amendment to the Midtown Urban Renewal District FY2021 Work Plan and Budget approved by the City Commission on May 11, 2021. Attachments: Resolution 5307 N 7th Streetscape Change Order 3.docx 20-009 N 7th - CO3 REVISED 042321_final_TSI-MMI Signed.pdf N.7th-2020-Bulletin#2-2020-09-23.pdf N.7th-2020-Bulletin#3-2020-04-21.pdf.pdf Report compiled on: May 12, 2021 152 Version April 2020 RESOLUTION 5307 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION / MODIFICATION OF CONTRACT WITH TREASURE STATE, INC. BELGRADE, MONTANA. WHEREAS,the City Commission did, on the 23rd day of March 2020, authorize award of the bid for the North 7th Avenue Streetscape Project, to Treasure State, Inc. Belgrade, Montana; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Treasure State, Inc., as contained in the Change Order 3, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 153 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 154 No. 3 Date of Issuance: 04/23/21 CHANGE IN CONTRACT PRICE: Original Contract Price: $3,495,000.00 $242,047.68 Contract Price prior to this change order: $3,737,047.68 [Increase/Decrease] of this Change Order: $75,779.86 Contract Price incorporating this Change Order: $3,812,827.54 Date: Date: 04/23/21 Description: Updated per bulletin Change Order Effective Date: Project: North 7th Streetscape Improvements 2020 Date of Contract: 5/11/20 Engineer : Morrison-Maierle, Inc.Engineer's Contract No.: 417.063 Contractor: Treasure State Inc.Contractor's Project No.: 20-009 The Contract Documents are modified as follows upon execution of this Change Order: Ready for final payment (days or date): 04/17/21 Attachments (list documents supporting change): Itemized detail attached. CHANGE IN CONTRACT TIMES: Original Contract Times: [Working days/Calendar Days] Substantial completion (days or date): 210 Ready for final payment (days or date): 225 [Increase/Decrease] from previously approved Change Orders: 1-2 [Increase/Decrease] from previously approved Change Orders : 1-2 Substantial completion (days): 42 Ready for final payment (days): 42 Contract Times prior to this Change Order: Substantial completion (days or date): 04/02/21 [Increase/Decrease] of this Change Order: Substantial completion (days or date): 14 Ready for Final payment (days or date): 14 Accepted by Contractor (Signature): Contract Times with all approved Change Orders: Substantial completion (days or date): 04/16/21 Ready for final payment (days or date): 05/01/21 Accepted by Engineer (Signature):04/29/2021 #2 and #3 (included). 04/23/21 * Per Resume Work Order * 155 Item Unit Scheduled No. Description Unit Qty Price Value 101 LS 175,000.00$ -$ 102 LS 125,000.00$ -$ 103 LS 6,000.00$ -$ 104 LF 16.00$ -$ 105 LF 20.00$ -$ 106 CLF 160.00$ -$ 107 CLF 130.00$ -$ 108 CLF 100.00$ -$ 109 EA 3.00 925.00$ 2,775.00$ 110 EA 4,000.00$ -$ 111 EA 14,625.00$ -$ 112 LF 26.00$ -$ 113 EA (2.00) 500.00$ (1,000.00)$ 114 EA 20,000.00$ -$ 115 EA 850.00$ -$ 116 EA 500.00$ -$ 117 EA 1,500.00$ -$ 118 EA 1,500.00$ -$ 120 HR 20.00 600.00$ 12,000.00$ 121 EA 1.00 550.00$ 550.00$ 122 EA 725.00$ -$ 123 LS 249,011.00$ -$ 124 LS 127.00 3.50$ 444.50$ 125 LF 246.00 4.00$ 984.00$ 126 CY (7.50)39.25$ (294.38)$ 127 EA 5,500.00$ -$ 128 EA 7,150.00$ -$ 129 EA 4,500.00$ -$ 130 LF 165.00$ -$ 131 CY 14.00 50.00$ 700.00$ 132 CY 58.00 49.00$ 2,842.00$ 133 SF (47.00)9.00$ (423.00)$ 134 SF 236.00 16.00$ 3,776.00$ 135 SF 12.00$ -$ 136 LF 35.00$ -$ 137 LF 30.00$ -$ 138 LF 14.00 40.00$ 560.00$ 139 LF 40.00$ -$ 140 EA 540.00$ -$ 141 EA 450.00$ -$ 142 EA 360.00$ -$ 143 SF 572.00 3.50$ 2,002.00$ 144 EA 20,000.00$ -$ 146 EA 12,675.00$ -$ 147 EA 16,000.00$ -$ 148 EA (1.00) 17,500.00$ (17,500.00)$ 149 EA 16,000.00$ -$ 150 EA 14,500.00$ -$ 151 EA 650.00$ -$ 152 EA 500.00$ -$ 154 LF 16.00$ -$ Relocate Business Sign- Milk Thistle Reset Bike Rack Reset Concrete Wheel Stop 8" White Thermoplastic Pavement Marking Asphalt Bus Shelter Retaining Wall with Hand Rail Relocate Business Sign- 120 N. 7th Relocate Business Sign-Insurance Unlimited Relocate Business Sign- Dairy Queen Relocate Business Sign- Eckroth Music Landscape Curb in Median Detectable Warning Plates (2'x 6') Detectable Warning Plates (2'x 5') Detectable Warning Plates (2'x 4') 1-1/2" Minus Crushed Base Course 3" Minus Crushed Gravel 6" Thick Reinforced Concrete 7" Thick Reinforced Concrete Crosswalk Concrete Valley Gutter Concrete Curb and Gutter 12" RCP Pipe Reset Existing Manhole Rim Alternate- Exploration/ Extra Work Associated With Existing Utilities Reset Existing Street Sign, New Pole and Base New Street Sign, New Pole and Base Removal and Disposal - Asphalt and Concrete Remove Existing Pavement Markings MDT Median Curb Vertical Curb Change Order 3 Detail Mobilization/Demobilization Taxes, Bonds, and Insurance Electrical Demolition 1" PVC Conduit Sched. 80 2" PVC Conduit Sched. 80 3" Schedule 80 PVC Conduit Tree Receptacles RRFB at Villard Intersection Reset Existing Water Valve Box Reset Existing Curb Box Reset Existing Utility Vault #6 AWG Conductor #8 AWG Conductor #10 AWG Conductor Pull box Type E2A Luminaire Assembly Type E2 Luminaire Assembly Saw Cut Asphalt / Concrete Excavation Remove Existing Storm Drain Manhole New 48" Type A Curb Inlet New 36" Type II Curb Inlet 156 Item Unit Scheduled No. Description Unit Qty Price Value Change Order 3 Detail 155 LF 30.00 52.50$ 1,575.00$ 156 SF 80.00 52.00$ 4,160.00$ 157 GAL 0.15 550.00$ 82.50$ 158 GAL 11.10 550.00$ 6,105.00$ 159 EA 550.00$ -$ 160 EA 700.00$ -$ 161 LS 1,500.00$ -$ 162 LS 3,500.00$ -$ 163 LS 6,000.00$ -$ 164 LS 85,000.00$ -$ 165 EA 1,000.00$ -$ 166 EA 3,400.00$ -$ 167 LF (130.00)28.00$ (3,640.00)$ 168 EA 6,800.00$ -$ 169 LS 9,500.00$ -$ 170 LS 60,000.00$ -$ 15,698.63$ 201 SF (271.50) 31.75$ (8,620.13)$ 202 SY (11.40) 7.25$ (82.65)$ 203 SY (11.40) 13.25$ (151.05)$ 204 CY (1.80) 42.00$ (75.60)$ 205 CY (18.15)30.00$ (544.50)$ 206 SF 1.10$ -$ 207 CY (75.50)59.75$ (4,511.13)$ 208 CY (0.28) 176.00$ (49.28)$ 209 SF (64.00) 1.50$ (96.00)$ 210 EA (2.00) 35.00$ (70.00)$ 211 EA (1.00) 650.00$ (650.00)$ 212 EA (1.00) 700.00$ (700.00)$ 213 LS 147,500.00$ -$ 214 EA 1,450.00$ -$ 215 CY (96.50)356.75$ (34,426.38)$ 216 SY (125.40)6.25$ (783.75)$ 217 EA (2.00) 875.00$ (1,750.00)$ 218 EA (2.00) 1,650.00$ (3,300.00)$ 219 SY (3.50) 37.50$ (131.25)$ (55,941.71)$ 301 SF 2.75$ -$ 302 CY 160.00$ -$ 303 SY 6.75$ -$ 304 EA 545.00$ -$ 305 LF 36.75$ -$ 306 CY 120.00$ -$ 307 CY 215.00$ -$ 308 EA 15.25$ -$ 309 EA 26.50$ -$ 310 EA 50.00$ -$ 311 EA 94.50$ -$ 312 EA 430.00$ -$ 313 LS 15,900.00$ -$ -$ X1 LS 1,688.00$ -$ Schedule 3 Subtotal RRFB Powder Coat (RAL 5011) QT Container Plants #1 Container Plants #2 Container Plants #5 Container Plants Deciduous Trees (1.5" Caliper) Irrigation Planting Soil Prep (Compost Amendment) Landscape Weed Fabric Boulders in Landscape Steel Edger Wood Mulch Rock Mulch Filter Grid (Soil Cell Warp) Tree Guard Tree Grate Landscape Weed Fabric Schedule 2 Subtotal Clearing and Grubbing (Sod Removal) Tree Wrap and Staking Tree - 2.5" Caliper Tree - #25 (2.5" Caliper) Irrigation Site Furnishings- Bike Rack Soil Cells Permeable Setting Bed and Joint Opening Aggregate (ASTM No. 8) Permeable Base Aggregate (ASTM No. 57) Polymeric Sand Planting Soil Including Amendments Mulch Root Barrier Irrigation Water Service Miscellaneous Work Schedule 1 Subtotal Permeable Pavers Biaxial Geogrid Geotextile Fabric Misc. Landscape and Site Improvements Traffic Control Removal of Existing Fiber Box New Fiber Box Install Fiber Conduit Metering Pedestal White Epoxy Pavement Markings Yellow Epoxy Pavement Markings Remove Existing Bollard Remove Existing Tree Topsoil General Mix Sod 24" White Thermoplastic Pavement Marking Thermoplastic Words and Symbols 157 Item Unit Scheduled No. Description Unit Qty Price Value Change Order 3 Detail X2 LS (1.00) 325.96$ (325.96)$ X3 SY 170.00 2.00$ 340.00$ X4 EA 17,500.00$ -$ X5 LS 55,638.31$ -$ X6 LS 5,238.70$ -$ X7 LS 7,875.00$ -$ X8 EA 4.00 200.00$ 800.00$ X9 EA 6.00 200.00$ 1,200.00$ X10 LS 1.00 4,550.00$ 4,550.00$ X11 CY 120.00 134.00$ 16,080.00$ X12 LS 1.00 5,636.00$ 5,636.00$ X13 EA 2.00 17,000.00$ 34,000.00$ X14 LF 26.50 65.00$ 1,722.50$ X15 LS 1.00 35,120.40$ 35,120.40$ X16 CY 80.00 30.00$ 2,400.00$ X17 SF 220.00 9.00$ 1,980.00$ X18 Pedestrian Sign adjustment (2 ea)LS 1.00 300.00$ 300.00$ X19 4" sleeve bore mendenhall and pull owner provided conduit LF 130.00 94.00$ 12,220.00$ X19 Rikki's additional hardscape removal and disposal LS 0.00 20,160.00$ -$ X20 Villard additional asphalt removal and disposal LS 0.00 12,600.00$ -$ 116,022.94$ TOTALS 75,779.86$ New RRFB Locations, includes sawcutting & demo Traffic Control - per month Vertical curb - variable height sim to Detail 5 D1.1 Item 123 (Remove/Dispose Asphalt/Concrete) Washed Rock - Sidewalk Side Backfill (ASTM No. 57) Schedule 4 Subtotal Storm Drain MH and Fix @ Rikki's Gallatin valley Motors wall removal - Option 2 New Delineator - MDT Standard Yellow (includes 9"x9"x4" concrete pad) Reset Existing Delineator (includes 9"x9"x4" concrete pad) Remove/Replace Existing Landscape Retaining Wall and Landscaping/Irrigation/Etc. - Speedy Lube Flowable Fill - curbside backfill Item 213 (Irrigation modifcation) V.2 Geotextile Fabric - 600x Relocate Business Sign-Bozeman Trophy The Elm City R.O.W. 3" Temporary Concrete - includes removal & disposal at a later date 158 159 160 Date 12/16/2020 Estimate # 20-202 Name / Address City of Bozeman c/o Kevin Jacobsen Morrison Maierle, Inc. 2880 Technology Blvd Bozeamn, MT 59771 PO Box 588 Belgrade MT 59714 Project # N 7th Streetscapes Project Name 20-009 N 7th Streetscapes 2020 Phone # (406) 924-4525 Fax # (406) 924-8452 E-mail office@treasurestateinc.com TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Item Description Qty U/M Rate Total Breakout for LS items X10, X12: Item X10: Remove/Replace Existing Landscape (CMU) Wall and Landscaping/Irrigation/Etc @ Speedy Lube. 02.1 Demo Remove existing CMU blocks for reuse, sawcut and remove existing retaining wall N. side of planter 1 LS 2,100.00 2,100.00 31.1 Earthwork Remove and dispose of existing landscape materials 1 LS 700.00 700.00 31.2 Sitework Reinstall CMU blocks, landscaping, irrigation repair 1 LS 1,750.00 1,750.00 Item X12: Relocate RRFB's 02.1 Demo Demolition of existing flatwork and foundation w/ offsite disposal 1 LS 1,536.00 1,536.00 31.2 Sitework Relocation of outside RRFB's and extension arm for middle RRFB 1 LS 4,100.00 4,100.00 Note: base bid items adjusted due to X12 include +110 SF for Item 133, -68 SF for Item 201, -0.5 cy for Item 204. Thanks for the opportunity to work with you! - Ty $10,186.00 ENGINEER REVIEW: THIS ITEM SHALL BE INCLUSIVE OF ALL EFFORT, MATERIALS, AND INCIDENTALS TO COMPLETE WORK. 161 1 Kevin D. Jacobsen From:Kevin D. Jacobsen Sent:Wednesday, August 19, 2020 3:40 PM To:Ty Giffin Cc:Jocie Fisher; Andrew Jensen; Ben Haugan (benhaugan@gmail.com); Austin Jordt; Cooper Krause Subject:RE: N 7th - hit list from progress meeting today Ty, Lean mix is acceptable for areas that have been excavated beyond what the plans indicate along the curb line. We are open to using screened rock in this area as well but do have more concerns than we do with the lean mix. Screened rock would require separation fabric in areas adjacent to soil/road mix to prevent fines migration. The screened rock would need to be vibrated sufficiently to prevent future settlement. Please make sure to submit the No. 8 micro chip submittal that will be installed on top of the No. 57 material. The sand that is being installed under the pavers in the median (on asphalt) will not work on top of the No. 57. Also please submit the sand material as well. Appreciate that you are testing to determine the best method for project success. Thanks! Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Ty Giffin <Ty@treasurestateinc.com> Sent: Tuesday, August 18, 2020 3:03 PM To: Kevin D. Jacobsen <kjacobsen@m-m.net> Cc: Jocie Fisher <Jocie@treasurestateinc.com>; Andrew Jensen <Andrew@treasurestateinc.com>; Ben Haugan (benhaugan@gmail.com) <benhaugan@gmail.com>; Austin Jordt <austinj@treasurestateinc.com> Subject: RE: N 7th - hit list from progress meeting today ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Kevin, Here’s an idea of what we were talking about. GGC will be assembling a set today and be ready to wrap the rigid separation fabric in a hoop tomorrow to test the strength of it standing up. If they can get compaction on the inside without bowing out, they may just select to lean mix. However, we’d like to get the screened rock backfill idea approved as a backup. 162 2 Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Ty Giffin Sent: Tuesday, August 18, 2020 11:28 AM To: kjacobsen@m-m.net Cc: Austin Jordt (austinj@treasurestateinc.com) <austinj@treasurestateinc.com>; Andrew Jensen <Andrew@treasurestateinc.com>; Ben Haugan (benhaugan@gmail.com) <benhaugan@gmail.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: N 7th - hit list from progress meeting today Kevin, The subs and us met today and came up with the following hit list: 163 3 1. We need topsoil approval/comments back asap. We would like the ability to start filling cells as soon as the end of this week. 2. Give me a shout to discuss the screened rock in lieu of flowable fill for the curb side of the soil cells. Shouldn’t be an issue but want to hear your thoughts. We’ll want to know before backfilling commences. 3. Can we get all tree and light pole locations staked? Thought is to use the curb or a pk nail like you’ve been doing for easy relocation after disturbing the area behind curb. This will help to not nickel and dime survey. 4. Trevor was going to get with you on which poles he’d like to move and where. It was also discussed that we’d like to keep all hand holes out of the soil cell limits so that the boxes have a better chance at being bedded and concreted. Speaking of concrete, would you like pavers to come right up to the hand hole vault edges or still encase in concrete? 5. Want us to plan on pouring concrete stones for delineator mounting? There are also delineators that can be inserted into the ground instead of surface mounted if you want to see what they look like. Let us know. 6. Can the irrigation system removal from the construction limits and reinstalling behind new back of walk be covered under miscellaneous work? Some may require zone manipulation/rerouting. We can easily track this work on a T&M basis. That’s all I have for this am. Give me a shout to discuss. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com 164 Date 12/16/2020 Estimate # 20-202 Name / Address City of Bozeman c/o Kevin Jacobsen Morrison Maierle, Inc. 2880 Technology Blvd Bozeamn, MT 59771 PO Box 588 Belgrade MT 59714 Project # N 7th Streetscapes Project Name 20-009 N 7th Streetscapes 2020 Phone # (406) 924-4525 Fax # (406) 924-8452 E-mail office@treasurestateinc.com TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Item Description Qty U/M Rate Total Breakout for LS items X10, X12: Item X10: Remove/Replace Existing Landscape (CMU) Wall and Landscaping/Irrigation/Etc @ Speedy Lube. 02.1 Demo Remove existing CMU blocks for reuse, sawcut and remove existing retaining wall N. side of planter 1 LS 2,100.00 2,100.00 31.1 Earthwork Remove and dispose of existing landscape materials 1 LS 700.00 700.00 31.2 Sitework Reinstall CMU blocks, landscaping, irrigation repair 1 LS 1,750.00 1,750.00 Item X12: Relocate RRFB's 02.1 Demo Demolition of existing flatwork and foundation w/ offsite disposal 1 LS 1,536.00 1,536.00 31.2 Sitework Relocation of outside RRFB's and extension arm for middle RRFB 1 LS 4,100.00 4,100.00 Note: base bid items adjusted due to X12 include +110 SF for Item 133, -68 SF for Item 201, -0.5 cy for Item 204. Thanks for the opportunity to work with you! - Ty $10,186.00 ENGINEER REVIEW: THIS ITEM SHALL BE INCLUSIVE OF ALL EFFORT, MATERIALS, AND INCIDENTALS TO COMPLETE WORK. 165 /////////////// /// ////////////////// ////////////////////////////// /////////////////////////////////////////////////////////5.01'±6.32'12SD12SD12SD/////////////////////////////////////////////////////////6.61'12SD//////////////////////////////////////////////////////////////////VILLARD INTERSECTION RRFB LOCATIONSN. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C2 SERIES-FROM1.DWG PLOTTED BY:COOPER KRAUSE ON Oct/19/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063RRFBBOZEMANMONTANACPKKDJKDJ8/20192880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702SCALE: 1" = 5'PROPOSED RRFB LOCATION.POUR NEW POLE FOUNDATION.4' X 4' CLEAR SPACE (TYP.)2% MAX SLOPE IN ANY DIRECTIONEXISTING INSTALLED POLE FOUNDATION.REMOVE TOP 3"-4" AS NEEDED TO REPLACECONCRETE ABOVE IT. COORDINATE WITHENGINEER TO APPROVE REMOVAL METHODS.PROPOSED RRFB LOCATION.IF POSSIBLE AND COST EFFECTIVE, RELOCATE EXISTING POLETO NEW POSITION. OTHERWISE, POUR NEW FOUNDATION.COORDINATE WITH ENGINEER TO DETERMINE BEST OPTION.EXISTING FOUNDATION LOCATIONINSTALL ± 30 SF OF CONCRETE.SLOPE SHALL NOT EXCEED 2% INANY DIRECTION.INSTALL ± 30 SF OF CONCRETE.SLOPE SHALL NOT EXCEED 2% INANY DIRECTION.VILLARD STVILLARD STINSTALL PUSH BUTTON EXTENSION ON THE RRFB INTHE MEDIAN SO THAT THE BUTTON IS A MAXIMUMOF 10" FROM THE EDGE OF THE SIDEWALK.SCALE: 1" = 5'166 167 168 ////////////////////////////////////////////////////////////////// /// //////////////////////////////////////////////// /// ////// ///////////////////////////////////////////////////////////////////////////813.14'810.97'813.66'35.08'813.07'812.56'812.76'812.67'812.46'812.70'812.73'812.82'812.12'812.00'811.96'812.23'811.96'811.52'811.94'811.90'811.47'811.84'812.01'811.99'813.06'813.12'812.54'812.60'813.11'812.41'812.47'812.97'812.55'812.71'812.58'812.75'812.61'812.37'812.54'812.09'812.24'812.47'812.13'811.38'811.37'811.47'811.44'811.30'811.04'811.58'811.73'811.36'811.82'811.48'812.03'812.59'811.69'812.06'811.80'811.89'813.95'±813.55'±814.44'//////////////////////////////////////////////////////////////////5.32'5.78'11.65'5.72'7.99%1.00%7.19%0.42%1.57%5.00'2.89'6.00'///////////////////////////////////////////////////W6.82'4.50'6.00'-0.98%-1.00%5.18%2.77%-5.53%-1.50%-2.13%6.00'////////////////////////////////////////////////5.57'6.00'12.00'14.71' VERT. CURB11.69'2.94'-4.79%6.24%1.36%-1.83%-1.01%3.77%-3.60%-1.50%-5.73%-0.40%//////////////////////////////////////////////// ///////// //////////// /////////////////////////////////22.00'4" WIDE VERT. CURB6.00'4.00'3.00'10.22'10.25'5.50'4.50'-8.10%-8.19%-6.50%-2.17%3.00%1.23%4.00'2.48%-1.16%-1.81%-1.53%2.34%-1.97%2.69%1.57%5.00'4.81'7.00'±4.64'±9.5'BEALL INTERSECTION DETAILSN. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C2 SERIES-FROM1.DWG PLOTTED BY:COOPER KRAUSE ON Dec/03/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C2.2BOZEMANMONTANACKKDJKDJ8/20191NE BEALL PED RAMP CLARIFICATION10/13/2020CPK2SE BEALL VERTICAL CURB 12/3/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670215' RADIUS- TBC15' RADIUS- TBC14' RADIUS- TBC15' RADIUS- TBC4' x 4' MINCLEAR SPACE (TYP.)CONSTRAINED BY EXISTING DRIVE APPROACH HERECONSTRAINED BY PROPERTY LINE4' x 4' MINCLEAR SPACE4' x 5' MINTURNING SPACE4' x 4' MINTURNING SPACE6' WIDE VALLEY GUTTERFLOW LINE @1.58% PERCOB STD DWG 02529-1DETECTABLE WARNING PLATE TO BE INSTALLED PERC.O.B. STD. DWG. NO. 02529-8.NEW PEDESTRIAN RAMPS MUST MEET ALL PROPOSEDGUIDELINES FOR PEDESTRIAN FACILITIES IN THEPUBLIC RIGHT-OF-WAY (PROWAG)MAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTON1.67%2.26%0.74%2.0%1.26%2.38%BEALL STSTRIPING NOTES1. ALL STRIPING ON N. 7TH AVE SHALL BE EPOXY PAINT.2. CITY OF BOZEMAN SIDE STREETS: ALL NEW TRANSVERSE PAVEMENT MARKINGS, STRIPES 8INCHES IN WIDTH OR WIDER, WORDS, AND SYMBOLS ARE TO BE INLAID THERMOPLASTIC ORPREFORMED PLASTIC TAPE. ALL OTHER MARKINGS SHALL BE EPOXY PAINT.3. ALL CURB RADII AND PREVIOUSLY PAINTED CURB ARE TO BE PAINTED WITH YELLOW EPOXY. DONOT PAINT CURB THROUGH PEDESTRIAN RAMPS.SCALE: 1" = 5'SCALE: 1" = 5'SCALE: 1" = 5'SCALE: 1" = 5'MATCH EXISTINGSIDEWALK AT NEARESTEXISTING JOINT (± 4FT)4" VERTICAL CURBTRANSITION TO MATCHTOP OF EXISTING STEPTO THE WESTREMOVE EXISTING SIGN POST.INSTALL "NO PARKING" SIGN ONNEW LUMINAIRE TO THE NORTH.1.11EXISTING UTILITY POLE TO BE REMOVED SPRING OF 2021COORDINATE WITH ENGINEER TO SHIFT PED RAMPSLIGHTLY SO THAT THE EXISTING POLE WILL FALLCOMPLETELY IN THE WING OF THE PROPOSED RAMP.ONCE POLE IS REMOVED, REPLACE ONLY THE WEST WINGSECTION OF THE PED RAMP.222SAW CUT/ GRADING LIMITSPAINT TOP AND VERTICAL FACE OFNEW VERTICAL CURB WITH YELLOW EPOXY169 170 1 Kevin D. Jacobsen From:Kevin D. Jacobsen Sent:Wednesday, August 19, 2020 3:40 PM To:Ty Giffin Cc:Jocie Fisher; Andrew Jensen; Ben Haugan (benhaugan@gmail.com); Austin Jordt; Cooper Krause Subject:RE: N 7th - hit list from progress meeting today Ty, Lean mix is acceptable for areas that have been excavated beyond what the plans indicate along the curb line. We are open to using screened rock in this area as well but do have more concerns than we do with the lean mix. Screened rock would require separation fabric in areas adjacent to soil/road mix to prevent fines migration. The screened rock would need to be vibrated sufficiently to prevent future settlement. Please make sure to submit the No. 8 micro chip submittal that will be installed on top of the No. 57 material. The sand that is being installed under the pavers in the median (on asphalt) will not work on top of the No. 57. Also please submit the sand material as well. Appreciate that you are testing to determine the best method for project success. Thanks! Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Ty Giffin <Ty@treasurestateinc.com> Sent: Tuesday, August 18, 2020 3:03 PM To: Kevin D. Jacobsen <kjacobsen@m-m.net> Cc: Jocie Fisher <Jocie@treasurestateinc.com>; Andrew Jensen <Andrew@treasurestateinc.com>; Ben Haugan (benhaugan@gmail.com) <benhaugan@gmail.com>; Austin Jordt <austinj@treasurestateinc.com> Subject: RE: N 7th - hit list from progress meeting today ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Kevin, Here’s an idea of what we were talking about. GGC will be assembling a set today and be ready to wrap the rigid separation fabric in a hoop tomorrow to test the strength of it standing up. If they can get compaction on the inside without bowing out, they may just select to lean mix. However, we’d like to get the screened rock backfill idea approved as a backup. 171 2 Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Ty Giffin Sent: Tuesday, August 18, 2020 11:28 AM To: kjacobsen@m-m.net Cc: Austin Jordt (austinj@treasurestateinc.com) <austinj@treasurestateinc.com>; Andrew Jensen <Andrew@treasurestateinc.com>; Ben Haugan (benhaugan@gmail.com) <benhaugan@gmail.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: N 7th - hit list from progress meeting today Kevin, The subs and us met today and came up with the following hit list: 172 3 1. We need topsoil approval/comments back asap. We would like the ability to start filling cells as soon as the end of this week. 2. Give me a shout to discuss the screened rock in lieu of flowable fill for the curb side of the soil cells. Shouldn’t be an issue but want to hear your thoughts. We’ll want to know before backfilling commences. 3. Can we get all tree and light pole locations staked? Thought is to use the curb or a pk nail like you’ve been doing for easy relocation after disturbing the area behind curb. This will help to not nickel and dime survey. 4. Trevor was going to get with you on which poles he’d like to move and where. It was also discussed that we’d like to keep all hand holes out of the soil cell limits so that the boxes have a better chance at being bedded and concreted. Speaking of concrete, would you like pavers to come right up to the hand hole vault edges or still encase in concrete? 5. Want us to plan on pouring concrete stones for delineator mounting? There are also delineators that can be inserted into the ground instead of surface mounted if you want to see what they look like. Let us know. 6. Can the irrigation system removal from the construction limits and reinstalling behind new back of walk be covered under miscellaneous work? Some may require zone manipulation/rerouting. We can easily track this work on a T&M basis. That’s all I have for this am. Give me a shout to discuss. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com 173 174 1 Kevin D. Jacobsen From:Ty Giffin <Ty@treasurestateinc.com> Sent:Wednesday, March 31, 2021 10:19 AM To:Kevin D. Jacobsen Cc:Cooper Krause Subject:RE: RRFB visibility at Villard ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Gents, 1. And 2. Below would be $300. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Kevin D. Jacobsen <kjacobsen@m-m.net> Sent: Tuesday, March 30, 2021 11:19 AM To: Ty Giffin <Ty@treasurestateinc.com> Cc: Cooper Krause <ckrause@m-m.net> Subject: RE: RRFB visibility at Villard Ty, Thanks for getting back to us on the yield signs. It appears that item 1 below was not completed as you were waiting on our compensation confirmation. Apologies for not getting back to you as I thought the extensions were going to occur immediately (for safety reasons) and then the permanent fix to occur after the square tubing thawed out. Since we are where we are now, below is your direction moving forward. This supersedes our email direction to you on January 12, 2021. 1. Raise the west yield sign 3 feet (from 7’ clearance to 10’ clearance). Compensation will be made for the additional 3 feet of square tubing as the old tubing can be reused elsewhere. Please note we are eliminating the cantilever mount we had previously discussed for this sign. We feel the 2 foot sign blank clearance from the face of curb is better but understand that the 18” installed meets MDT standard. No compensation will be made for raising the anchor so that the bolt is above the pavers. 2. Raise the median yield sign 3 feet (from 7’ clearance to 10’ clearance). Compensation will be made for the additional 3’ of square tubing as the old tubing can be reused elsewhere. 175 2 Please provide the cost to complete items 1 and 2 prior to initiation of the work. Thank you, Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Ty Giffin <Ty@treasurestateinc.com> Sent: Monday, March 29, 2021 3:12 PM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; Cooper Krause <ckrause@m-m.net> Subject: FW: RRFB visibility at Villard ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Kevin, Revisiting our correspondence on the yield signs. I believe the ball was in MM’s court. Can you revisit the new discussion items below and let me know your thoughts. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Ty Giffin Sent: Thursday, January 14, 2021 11:42 AM To: Brandon Fabich <bridgersign@gmail.com>; Kevin D. Jacobsen <kjacobsen@m-m.net> Cc: Austin Jordt <austinj@treasurestateinc.com>; Cooper Krause <ckrause@m-m.net>; Ben Haugan <ben@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: RE: RRFB visibility at Villard All, Just got off the phone with Kevin. 1. Temporary extension of the sign blanks via a sleeve that is larger than the post is acceptable. Brandon, please let us know when this is completed so MM can review and get Taylor’s opinion. We agree that the most important item to complete at this time is to get the RRFB’s visible. Hold tight for now until we get an answer to the new discussion item below. 176 3 2. Permanent adjustment to the median post and west base/post in the Spring and remounting of the blanks on the new longer posts is acceptable. The west base anchor needs to be raised so that the bolts are accessible above finished grade. New discussion item: 3. Kevin, Brandon mentioned that the existing installation for both the median and west sign follow MDT’s direction via the attached detail. Can you confirm? Two questions: a. Is the extension work to get the RRFB’s more visible extra work that MWHC can get reimbursed for? b. Can the West side use a non-cantilevered installation and just be extended? What is the existing distance from the face of curb to the sign blank? If greater than 12”, it could potentially stay given the direction in the attached detail. c. Let us know so we can advise Brandon which way to go. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Brandon Fabich <bridgersign@gmail.com> Sent: Thursday, January 14, 2021 10:58 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net> Cc: Austin Jordt <austinj@treasurestateinc.com>; Ty Giffin <Ty@treasurestateinc.com>; Cooper Krause <ckrause@m- m.net>; Ben Haugan <ben@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: Re: RRFB visibility at Villard Ty, I went to raise the signs today, we have bigger problems. The sign poles are froze into the sign sleeves. These sign posts are telescopic steel posts. I can add the needed length to the top of them at this time. So we can get the sign heights up to the 10 feet Kevin is looking for. Is this OK? We will re visit the sign poles in the spring after they thaw out. Please advise. thanks Brandon On Tue, Jan 12, 2021 at 5:26 PM Kevin D. Jacobsen <kjacobsen@m-m.net> wrote: Thanks Austin and Brandon for meeting out on-site this afternoon. I wanted to get back to you on a couple of the items we discussed and to provide direction to move forward. 177 4 1. The west most yield sign blank shall be shifted to the west (away from the curb +/- 6”) to meet MDT clearance requirements and cantilever mounted per MDT standards. This sign shall also be set at 10’ to the bottom of the sign to allow visibility of both the school crossing sign and yield sign. 2. The median yield sign blank shall be set at 10’ to the bottom of the sign to allow visibility of both the school crossing sign and yield sign. 3. I looked into the RRFB sign mounting heights as discussed and it appears to meet standards that I found. The bottom of the ped crossing sign needs to be at 7’ and the arrow sign installed below it (and below the flashers). I believe this is how they have been installed. No changes to the RRFB signage proposed. We did discuss reducing the ped button extension distance at the median. Please provide 10 inches distance from the face of the curb to the button. 4. The yield signs and isosceles triangles (thermoplastic) were intended to be installed adjacent to each other (in-line) as shown on the drawings. On the southbound side this does not appear to be the case. The triangles are closer to the crosswalk than the sign. I don’t feel a there is a safety issue as a result of the installation and am comfortable waiting for the final walk through to determine if the regulatory agencies will want this a punch list item. It sounds like Brandon is going to try to remount the two yield signs tomorrow pending appropriate weather. Once complete please let us know and I will head out to take a look. Thanks for your assistance! Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Austin Jordt <austinj@treasurestateinc.com> Sent: Tuesday, January 12, 2021 11:31 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; Ty Giffin <Ty@treasurestateinc.com>; Brandon Fabich <bridgersign@gmail.com> Cc: Cooper Krause <ckrause@m-m.net>; Ben Haugan <ben@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: Re: RRFB visibility at Villard 178 5 ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Yup that works. Get Outlook for iOS From: Kevin D. Jacobsen <kjacobsen@m-m.net> Sent: Tuesday, January 12, 2021 11:17:31 AM To: Ty Giffin <Ty@treasurestateinc.com>; Brandon Fabich <bridgersign@gmail.com> Cc: Austin Jordt <austinj@treasurestateinc.com>; Cooper Krause <ckrause@m-m.net>; Ben Haugan <ben@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: RE: RRFB visibility at Villard I can make that work. Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Ty Giffin <Ty@treasurestateinc.com> Sent: Tuesday, January 12, 2021 11:15 AM To: Brandon Fabich <bridgersign@gmail.com> Cc: Austin Jordt <austinj@treasurestateinc.com>; Kevin D. Jacobsen <kjacobsen@m-m.net>; Cooper Krause <ckrause@m-m.net>; Ben Haugan <ben@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: RE: RRFB visibility at Villard ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Austin and MM, 179 6 Does 1 pm work? Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Brandon Fabich <bridgersign@gmail.com> Sent: Tuesday, January 12, 2021 11:13 AM To: Ty Giffin <Ty@treasurestateinc.com> Subject: Re: RRFB visibility at Villard Can we plan for 1 pm? On Tue, Jan 12, 2021 at 11:10 AM Ty Giffin <Ty@treasurestateinc.com> wrote: Brandon, Whatcha think about the solution proposed? 180 7 Want to meet onsite this afternoon to discuss? Austin should be ablet to break away to meet up with you and MM. Let us know. Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Kevin D. Jacobsen <kjacobsen@m-m.net> Sent: Tuesday, January 12, 2021 10:50 AM To: Ty Giffin <Ty@treasurestateinc.com>; Cooper Krause <ckrause@m-m.net> Cc: Ben Haugan <ben@treasurestateinc.com>; Austin Jordt <austinj@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: RE: RRFB visibility at Villard The cantilever is a good solution for the westernmost Yield sign to avoid resetting a new base. It will likely need a longer post too. The median yield sign likely just needs a longer post. I know it’s short notice but I can meet out onsite this afternoon to take a look and make decisions to move forward. 181 8 Let me know. Thanks. Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Ty Giffin <Ty@treasurestateinc.com> Sent: Monday, January 11, 2021 10:55 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; Cooper Krause <ckrause@m-m.net> Cc: Ben Haugan <ben@treasurestateinc.com>; Austin Jordt <austinj@treasurestateinc.com>; Jocie Fisher <Jocie@treasurestateinc.com> Subject: Fwd: RRFB visibility at Villard ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Morning Gents, Please let us know if this is the MDT reference you're thinking we should use. Also, we will be using the existing post, not pipe like shown in the details. Cheers! Ty Giffin From: Brandon Fabich <bridgersign@gmail.com> Sent: Monday, January 11, 2021, 9:00 AM To: Ty Giffin Subject: Re: RRFB visibility at Villard 182 9 Ty, I am guessing MDT detailed drawing ( see attached) 619-18, is a viable solution for these sign locations. Please run this up the chain. On Fri, Jan 8, 2021 at 5:17 PM Ty Giffin <Ty@treasurestateinc.com> wrote: Sounds good. I'll let you know if they respond with a get together time. Have a good weekend! Cheers! Ty Giffin From: bridgersign@gmail.com <bridgersign@gmail.com> Sent: Friday, January 8, 2021 4:24:36 PM To: Ty Giffin <Ty@treasurestateinc.com> Subject: Re: RRFB visibility at Villard I will check them out Monday. Most likely a canti lever type mount on existing sign posts , however , sidewalk could be issue Sent from my iPhone On Jan 8, 2021, at 3:56 PM, Ty Giffin <Ty@treasurestateinc.com> wrote: Happy Friday All! Let me know when you’re thinking and I’ll see if Brandon is available to join us. Cheers! Ty 183 10 <image003.jpg> Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Taylor Lonsdale <tlonsdale@BOZEMAN.NET> Sent: Friday, January 8, 2021 10:33 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; Cooper Krause <ckrause@m-m.net> Cc: Ty Giffin <Ty@treasurestateinc.com> Subject: RE: RRFB visibility at Villard I should have known you all had this covered already. Thank you! Taylor Lonsdale | Transportation Engineer City of Bozeman M: 406.946.2188 From: Kevin D. Jacobsen <kjacobsen@m-m.net> Sent: Friday, January 8, 2021 9:43 AM To: Taylor Lonsdale <tlonsdale@BOZEMAN.NET>; Cooper Krause <ckrause@m-m.net> Cc: Ty Giffin (ty@treasurestateinc.com) <ty@treasurestateinc.com> Subject: RE: RRFB visibility at Villard 184 11 Hi Taylor. Thank you for sharing this information from your neighbor. They make a good point and one that we are aware of and are working to remedy. The far west Yield sign was installed too low and needs to be raised a foot and shifted to the west around 6” to meet MDT sign standards. We are also looking to raise it even higher than that in order to achieve a clearer driver line of sight to the RRFB flashers and the crosswalk sign. The median Yield sign also needs to be raised as well and we will do the same to achieve a clear line of sight to the RRFB and crosswalk sign. We have previously been in communication with the contractor on the west Yield sign and I am including Ty on this response so he is aware and can assist with necessary modifications. Ty, could we meet with you, Brandon, or others on-site to determine appropriate modifications to these signs? I am thinking we can achieve good results without having to relocate sign posts, just reposition sign blanks on the sign posts (may need longer sign posts). Taylor, do you have any thoughts for us and would you like to visit on site as well? Let us know. Thanks, <image004.png> Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle <image005.png> 406.922.6823 direct | 406.581.0730 mobile From: Taylor Lonsdale <tlonsdale@BOZEMAN.NET> Sent: Wednesday, January 6, 2021 11:13 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; Cooper Krause <ckrause@m-m.net> Subject: RRFB visibility at Villard ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. 185 12 Hi Kevin and Cooper. One of my neighbors pointed out to me the that the flashers of the west RRFB for SB N 7th Ave is obstructed by the Yield Here to Pedestrians sign. I suspect this is a result of the new RRFB location. Please take a look at let’s see what we can do to rectify this. Thank you and happy new year. Taylor Lonsdale, PE | Transportation Engineer City of Bozeman | 20 E. Olive St. | Bozeman, MT 59715 O: 406.582.2286 M: 406.946.2188 tlonsdale@bozeman.net www.bozeman.net pronouns: he\him\his City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. -- Brandon Fabich Bozeman Division 186 13 Mountain West Holding Company 290 Pronghorn Trail #6 Bozeman, MT 59718 Cell: (406) 599-7122 Office: (406) 522-3833 Fax: (406) 522-3943 -- Brandon Fabich Bozeman Division Mountain West Holding Company 290 Pronghorn Trail #6 Bozeman, MT 59718 Cell: (406) 599-7122 Office: (406) 522-3833 Fax: (406) 522-3943 -- Brandon Fabich Bozeman Division Mountain West Holding Company 290 Pronghorn Trail #6 Bozeman, MT 59718 Cell: (406) 599-7122 Office: (406) 522-3833 Fax: (406) 522-3943 187 1 Kevin D. Jacobsen From:Ty Giffin <Ty@treasurestateinc.com> Sent:Wednesday, April 14, 2021 3:52 PM To:Kevin D. Jacobsen; Cooper Krause Cc:Jocie Fisher; Abby Subject:FW: 7th Street Crossing Attachments:Mendenhall Fiber Sleeve Under N 7th.pdf ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Gents, I apologize for not getting this out sooner today. Been slammed! MTL would like to have the bore completed by this week. I’m hoping that the coordination Trevor started with Cooper yesterday towards an answer didn’t get held up because of pricing by me. See description below. Trevor mentioned that he also proposed the vault to be moved closer to the curb in order to avoid an angle his bore bit cannot make. Here’s the proposed change. Item 167 Install Fiber Conduit -130 lf @ 28/ft $ -3,640 Item X21 4” Sleeve Bore and pull Owner provided conduit 130 @ 94.00 $ 12,220 Item 123 Removal and Disposal – Asphalt and Concrete TBD Item 125 Saw Cut Asphalt / Concrete TBD Item 133 6” Reinforced Concrete TBD Any other items you can think of? Do you want a formal CO written up or just add this to CO 3, or add within CO 4 with Cooper’s change today for the soil cells? Cheers! Ty Ty Giffin PO Box 588 Belgrade, MT 59714 (406) 924-4525 office (406) 924-8452 fax (406) 595-2119 mobile treasurestateinc.com From: Trevor Livesay <trevor@mtlines.com> Sent: Tuesday, April 13, 2021 7:25 PM To: Ty Giffin <Ty@treasurestateinc.com> Cc: Austin Jordt <austinj@treasurestateinc.com>; Pat Bomgardner <pat@mtlines.com>; Jodie Tooley <jodie@mtlines.com> Subject: RE: 7th Street Crossing 188 2 Ty, as requested, we can install a sleeve for the fiber on the north side of Mendenhall under N. 7th. The current bid item is to bore approximately 275 ft of Owner-furnished Future Path, per Sheet E2.1. The western half of this work would be unchanged. The eastern half of the run is under N. 7th at approximately 135’ in length between the fiber vaults. For this run, we would forgo payment for installing the work as per our current contract, and instead offer a new bid item. This new bid item would be for us to furnish and bore 4” SDR 13.5 HDPE pipe between the fiber vaults and then pull the Owner-furnished Future path into that sleeve and the vaults at each end. The fiber vaults already have a bid item for replacement in this Contract, as does some sidewalk in these areas. Our price to provide and bore in the 4” sleeve and pull into in the Future Path is $81.75/lf. Please see attached for reference and we would like to start soon. Please let us know if you have any questions. Thank you, Trevor. Trevor Livesay www.mtlines.com Mobile 406.590.1409 From: Kevin D. Jacobsen <kjacobsen@m-m.net> Sent: Thursday, September 3, 2020 5:27 PM To: Mitch Hergett <mhergett@ctcnet.us>; Trevor Livesay <trevor@mtlines.com> Cc: Ty Giffin (ty@treasurestateinc.com) <ty@treasurestateinc.com>; Cooper Krause <ckrause@m-m.net> Subject: RE: 7th Street Crossing Mitch, Thank you for coordinating with Trevor. Sounds like you discussed several options for the Mendenhall bore. Trevor, do you have the information you were needing? How else can we assist? Thanks, Kevin D. Jacobsen, PE, LEED AP Senior Civil Engineer, Morrison-Maierle 406.922.6823 direct | 406.581.0730 mobile From: Mitch Hergett <mhergett@ctcnet.us> Sent: Monday, August 31, 2020 9:23 AM To: Kevin D. Jacobsen <kjacobsen@m-m.net>; trevor@mtlines.com Subject: 7th Street Crossing ***This message originated from an External Source.*** Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Keven, Trevor, I wanted to follow up with you on our conversation Friday regarding the 4-inch SDR 11 sleeve. I think we are in a pretty good place to proceed. I did some research on both products and the 7-way duct is supposed to be able to bend twice as well as the 4-inch we are planning to pull into. I still think it would be worthwhile for Trevor to take a look at the product to get a sense of how 189 3 practical it would be to bend the 7-way. I also spoke to David Fine, and while it would be nice to run the 4-inch from vault to vault, the City can live with it just acting as a sleeve under the roadway and not making it all the way to the vault. Trevor – I don’t want to create extra work for you, but is it possible (and practical) to try and pull the 7-way into the 4- inch duct from end to end and if that doesn’t work, just cut off the ends of the 4-inch as we discussed on the call. Best Regards, Mitch Mitch Hergett Senior Engineer | CTC Technology & Energy 10613 Concord Street, Kensington, MD 20895 Cell: 406.579.1858 mhergett@ctcnet.us | www.ctcnet.us The CTC team is working remotely, with no change to availability, during the current crisis. Please don’t hesitate to contact us for any assistance you need. 190 ////////////////////////////////////////////////////////////////// /// /// /// /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////±15'±15'MENDENHALL FIBER DETAILSN. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\MENDENHALL FIBER DETAILS.DWG PLOTTED BY:KEVIN D. JACOBSEN ON Jul/01/2020COPYRIGHT ©MORRISON-MAIERLE, INC. ,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063E2.1BOZEMANMONTANACKARGKDJ8/20191BULLETIN #105-29-2020KDJ2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702N. 7TH AVEMENDENHALL STNEW FIBER VAULTAFTER INSTALLATION OF NEW VAULT, REPLACE UPTO THREE (3) PANELS OF SIDEWALK AS SHOWN.SAW CUT EXISTING CONCRETE AT A JOINT NEARESTTO THE PROPOSED HATCH SHOWN ABOVE.REPLACE TWO (2) DAMAGED ANDSETTLED CONCRETE SIDEWALKPANELS-2NEW FIBER CONDUIT (DIRECT LENGTH = 250 LF)PROVIDED BY CITY. INSTALLED BY CONTRACTOR.REFER TO SPEC SECTION 27100 AND REFER TO DETAIL 1ON THIS SHEET FOR CONDUIT DEPTH AND SETBACK.CONTRACTOR SHALL BORE CONDUIT UNDER N. 7TH AVE.REMAINING STRETCH ALONG MENDENHALL ST. MAY BEBORED OR TRENCHED. CONTRACTOR SHALL REPAIR ALLSURFACES DISTURBED BY CONDUIT INSTALLATION.EXISTING FIBER VAULT. REMOVE AND REPLACEWITH NEW VAULT PER DETAIL 2 BELOW. EXISTINGFIBER CONDUIT STUB AND ANY ASSOCIATEDFIBER LINES SHALL REMAIN INTACT.EXISTING FIBER CONDUIT STUB AND ANY FIBERLINES SHALL REMAIN IN TACT.D1.11FIBER CONDUIT TRENCHING DETAIL1--FIBER CONDUIT MAINTENANCE HOLE2--EXISTING FIBER CONDUIT TO REMAINMAINMENDENHALLLAMME AFTER INSTALLATION OF NEW VAULT, REPLACE UPTO THREE (3) PANELS OF SIDEWALK AS SHOWN.SAW CUT EXISTING CONCRETE AT A JOINT NEARESTTO THE PROPOSED HATCH SHOWN ABOVE.D1.11EXTEND CONDUIT +/- 50LF FROM VAULT TO WESTAND STUB CONDUIT ABOVE SURFACE ONE FOOTNORTH OF SIDEWALK. CAP STUB.B1B1191 memo TO: Ty Giffin, PE Treasure State Inc. FROM: Kevin Jacobsen, PE DATE: September 23, 2020 JOB NO.: 0417.063 RE: N7th Avenue Streetscape – 2020 | Bulletin #2 CC: Urgent For Review Please Comment Please Reply For Your Use Attached please find attached Bulletin #2 which provides direction to you on several modifications that are being made to the construction plans. Below is a generalized list of items that make up Bulletin #2. Updated irrigation sheets are not included in this bulletin, although quantity changes as a result of items below are accounted for in quantity adjustments (Tree removal/move, luminaire move, etc.). 1. 203 N7th (Sheet C1.2) a. Added parking lot striping quantity to bid. No change to sheet, not included. 2. 310 N 7th (Sheet L1.2, L1.6) a. Removed tree and all associated appurtenances from Sta. 12+66. 3. 317 N7th (Sheet C1.3, C1.4) a. Removed parking lot striping from project. Quantity not originally included so no change in quantity. b. Moved tree from Sta. 13+10 to south (best fit in field, fiber vault conflict). c. Moved tree from Sta. 13+33 to south (best fit in field, fiber vault conflict). 4. Villard Intersection (Sheet C3.1) a. Added yellow epoxy median curb paint to bid for new west side median curb. b. Provided striping clarification. c. Removed R3-2 sign from median. d. Moved R1-5 sign from west side of sidewalk to the curb bulb. 5. 420 N7th (Sheet C1.5) a. Provided grading clarification. b. Added non-slip yellow epoxy paint to nose of stair. 6. 425 N7th (Sheet C1.5) a. Existing foundation and slab sawcut, demolition, and haul off. 192 N7th Avenue Streetscape – 2020 | Bulletin #2 Page 2 7. 426 N7th (Sheet C0.3, C1.5) a. Added bid item for relocation of Bozeman Trophy Sign. No change to sheet C0.3, not included. b. Added non-slip yellow epoxy paint to nose of stairs. 8. 438 N7th (Sheet C1.5) a. Added clarification for removal and replacement of retaining wall. 9. 511 N7th (Sheet C1.7, L1.4, L1.8) a. Moved luminaire from Sta. 21+51 to Sta. 21+59. b. Removed tree and all associated appurtenances from Sta. 21+59. c. Moved tree from Sta. 21+84 to south (best fit in field, fiber vault conflict). d. Moved tree from Sta. 22+09 to south (best fit in field, fiber vault conflict). e. Repair damaged storm drain culvert with new 24” culvert (25LF). f. Repair damaged storm drain manhole with new square manhole cover (incl. frame and cover). g. Add rebar to sidewalk over the storm drain pipe. h. Modified layout of Stratavault to fit around existing storm drain pipe and fiber vault. i. Added parking lot striping quantity to bid. 10. Delineator Clarification (Sheets C1.3, C1.5, C1.6, C1.7, C3.1) a. Provided delineator clarification. 11. Pole Bae Foundation Depth (E0.2) a. Provided clarification of foundation depth in areas adjacent to soil cells. 12. Pull Box (Sheet E1.1, E1.2) a. Provided additional requested pull boxes (three total) 13. Striping Demolition (Sheet C0.2) a. Provided striping clarification. If you have any questions, please let me know. Attachments Thanks, Kevin 193 Item # Description Change Unit Cost Total 109 Pull Box 3 EA $925.00 $2,775.00 113 Tree Receptacels -2 EA $500.00 -$1,000.00 124 Remove Existing Pavement Markings 127 SF $3.50 $444.50 126 Excavation -35 CY $39.25 -$1,373.75 131 1-1/2" Minus Crushed Base Course 0 CY $50.00 $0.00 132 3" Minus Crushed Gravel 2 CY $49.00 $98.00 133 6" Thick Concrete -216 SF $9.00 -$1,944.00 134 7" Thick Reinforced Concrete Crosswalk (for reinforced sidewalk over storm drain)236 SF $16.00 $3,776.00 157 White Epoxy Pavement Markings 0.15 GAL $550.00 $82.50 158 Yellow Epoxy Pavement Markings (Includes non-slip stair paint) 10.1 GAL $550.00 $5,555.00$0.00 201 Permeable Pavers -191 SF $31.75 -$6,064.25 202 Biaxial Geogrid -11.4 SY $7.25 -$82.65 203 Geotextile Fabric -11.4 SY $13.25 -$151.05 204 Permeable Setting Bed (ASTM No. 8) -1.2 CY $42.00 -$50.40 205 Permeable Base Agg. (ASTM No. 57) -14.25 CY $30.00 -$427.50 207 Planting Soil Including Amendments -48 CY $59.75 -$2,868.00 208 Mulch -0.28 CY $176.00 -$49.28 209 Root Barrier -64 SF $1.50 -$96.00 210 Tree Wrap and Staking -2 EA $35.00 -$70.00 211 Tree- - 2.5"-1 EA $650.00 -$650.00 212 Tree- #25 -1 EA $700.00 -$700.00 215 Soil Cells -69 CY $356.75 -$24,615.75 216 Filter Grid (Soil Cell Wrap)-102 SY $6.25 -$637.50 217 Tree Guard -2 EA $875.00 -$1,750.00 218 Tree Grate -2 EA $1,650.00 -$3,300.00 219 Landscape Weed Fabric -3.5 SY $37.50 -$131.25$0.00 X2 Item 213 (Irrigation) Modification-V.2 1 LS X4 Relocate Business Sign - Bozeman Trophy 1 LS $17,500.00 $17,500.00 X6 Storm Drain MH and Fix @ Rikki's 1 LS $5,238.70 $5,238.70 X7 Gallatin Valley Motors Wall Removal - Option 2 1 LS $7,875.00 $7,875.00 X8 New Delineator 4 EA X9 Reset Existing Delineator 6 EA X10 Remove/Replace Existing Landscape Retaining Wall and Landscaping/Irrigation/Etc. - Speedy Lube 1 LS -$2,616.68 X6: Per Change Order #2 X7: Per Change Order #2 X8: New Delineator - MDT Standard Yellow (includes 9"x 9"x4" concrete pad) X9: Reset Existing Delineator (includes 9"x 9"x4" concrete pad) X10: Per Bulletin #2 Sheet C1.5 X4: Per Change Order #2 X2: The LS bid item #213 price change based on Bulletin #2. N. 7th Streetscape Improvements - 2020 Change in Quantities Associated with Bulletin #2 (net increase / decrease from bid quantities) 194 12SD12SD//////////// //////////// ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// /////////////////////////// /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////GGGGGGGGGGGGGGGGGGGGGGGGG///////////////////// /////////////////////////// ////// //////////////////////////////////////////////////////////////////////////////////// /////////////// //////////////////////// //////////////////////////////////////////////////////////////////////////////////////////////////////CIVIL DEMO PLANSTA 10+25 TO 16+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C0 SERIES_FROM1.DWG PLOTTED BY:COOPER KRAUSE ON Aug/28/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C0.2BOZEMANMONTANACKKDJKDJ8/2019B2BULLETIN #28/28/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702MAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTONWESTVILLARD STSEE SHEET C3.1MATCHLINESHEET C0.1MATCHLINESHEET C0.3SEE SHEET C3.1B2B2195 /////////////////////////////////////////////////////////////// ///////// //////////////////////////////////////////////// ////////////////////////////////////////////////////// //////////// /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ///////// ///////////////////////////////// ///////// ///GGGGGGGGGGGGGGGGGGGGG/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// //////////// /// /////////22.00'VERT. CURB4.00'813.14'810.97'809.22'807.73'806.80'808.59'808.34'807.69'20.00'36.49'810.03'810.44'26.30'24.98'125.54'18.14'27.09'9.14'809.47'809.46'808.43'809.80'4.01'3.68'25.21'CIVIL GRADING/DRAINAGESTA 10+00 TO 12+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C1 SERIES-COMBINED.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C1.3BOZEMANMONTANACKKDJKDJ4/2019B2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702N. 7TH AVEMAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTONBEALL STMATCHLINESHEET C1.2MATCHLINESHEET C1.4SLAB FOR BUS SHELTERPROTECT EXISTING SIGN.GRADE LAWN AREA TO EXISTINGCONCRETE BASEDO NOT DISTURB EXISTINGTIMBER RETAINING WALLREPLACE VERTICAL CURB TO MATCHEXISTING. FINISH EAST EDGE WITH 45°ANGLE TO BE FLUSH WITH NEW SIDEWALKMAXIMUM 2% SLOPE ATSTORE ENTRANCE1.50%(TYP.)1.50%(TYP.)NOTES:1. ALL PEDESTRIAN RAMPS ARE TO BE 6FT WIDE, UNLESS OTHERWISEDIMENSIONED ON PLANS.KEYNOTES:INSTALL NEW DRIVE APPROACH USING EXISTING CURB TRANSITION SECTIONS.INSTALL NEW CURB AND DRIVE APPROACH PER COB STD DWG 02529-12.REPLACE MEDIAN CONCRETE WITH NEW PAVERS. SEE DETAIL 8, SHEET D1.1.TEMPORARYCONSTRUCTIONEASEMENT (TYP.)REPLACE EXISTING DELINEATOR ON NEW CONCRETE PAD.4" THICK BY TWO PAVER WIDTHS SQUARE (± 9" SQUARE)B2B2B2196 ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// ////////////////////////GGGGGGGGGGGGGGGGGGGGGGGGGG/////////////////////////// ///////// //////////////////////////////////// /// ////// //////////////////////////////////////////////////////////////////////// //////////// /// ///////// /// /// /// ////////////////////////////////////////////////////////////////////////////////////////////////EX 15 SDEX 15 S D EX 15 S D EX 15 SD12SD12SD12SD12SDkeep this stop bar he 800.48'799.87'35.64'10.00'806.78'805.92'34.12'4.00'TBC = 801.71'TBC = 801.97'TBC = 802.38'TBC = 802.78'R50.00'R35.00'37.08'2.15'5.0'6.00'16.00'TBC = 800.94'TBC = 801.59'TBC = 800.52'4.01'3.68'25.21'5.00'1.52%805.22'805.13'804.23'804.22'803.57'803.52'4.45%804.06'43.58'R50.00'R35.0'CIVIL GRADING/DRAINAGESTA 12+50 TO 15+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C1 SERIES-COMBINED.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C1.4BOZEMANMONTANACKKDJKDJ08/2019B2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702N. 7TH AVEMAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTONMATCHLINESHEET C1.3MATCHLINESHEET C1.5W. VILLARD STMATCH EXISTINGSIDEWALKPROPERTYLINE (TYP.)EXISTING MEDIAN CURB TO REMAINEXISTING MEDIAN CURB TO BE REMOVED± 155 LF NEW MEDIAN CURBMATCH EXISTING1.50%(TYP.)1.50%(TYP.)NOTES:1. ALL PEDESTRIAN RAMPS ARE TO BE 6FT WIDE, UNLESS OTHERWISEDIMENSIONED ON PLANS.2. SEE SHEET C3.1 FOR VILLARD INTERSECTION SIGNAGE AND STRIPING.KEYNOTES:INSTALL NEW DRIVE APPROACH USING EXISTING CURB TRANSITION SECTIONS.REPLACE MEDIAN CONCRETE WITH NEW PAVERS. SEE DETAIL 8, SHEET D1.1.1.50%(TYP.)TEMPORARYCONSTRUCTIONEASEMENT (TYP.)INSTALLVERTICAL CURBB2197 /// ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ////////////////////////////// /////////////// /////////////// ///////////////GGGGGGGGGGGGGGGGGGGGGGGGGG////////////////////////////////////////////////////// /////////////// /////////////// /////////////// /// ///////// ///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////799.64'799.52'799.35'799.20'800.29'800.20'32.66'10.00'10.00'51.75'14.00'± 4.0'801.04'801.54'800.51'801.01'800.11'799.97'799.76'799.79'23.00'18.00'4.00'4.00'5.00'7.70'5.00'799.12'799.04'13.65'6.00'799.16'798.98'2.15'3.29'2.73'4.00'10.89'34.39'34.10'798.85'798.69'5.00'CIVIL GRADING/DRAINAGESTA 15+50 TO 18+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C1 SERIES-COMBINED.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C1.5BOZEMANMONTANACKKDJKDJ08/2019B1BULLETIN #105/29/2020CPKB2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702MAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTONMATCHLINESHEET C1.4MATCHLINESHEET C1.6PROPERTY LINE (TYP)1.50%(TYP.)SAW CUT WALL AT EDGE OF NEW SIDEWALK.CUT END OF REMAINING WALL TO 45° (1:1) ANGLEABOVE FINISHED GRADE, AND ROUND OFF EXPOSEDEDGES BY GRINDING SMOOTH ¾” CHAMFER.STEP- ONE RISERO/S 1.0' FROM EDGE OF WALKSEE NOTE 2.800.31/ 800.77800.22/ 801.72REPLACE CURB ANDGUTTER TO NORTHEND (BOTTOM) OFEXISTING FLARENEW VERTICAL CURBSAW CUT AND REMOVECONCRETE RETAINING WALL TO EAST. CUT END OF REMAINING WALL TO 45°ANGLE ABOVE FINISHED GRADE, ANDROUND OFF EXPOSED EDGES BYGRINDING SMOOTH 3/4"CHAMFER.1.50%(TYP.)MATCHEXISTING WALK.INSTALL TWONEW STEPS.SEE NOTE 2.MATCH EXISTING WALKINSTALL THREE NEW STEPSSEE NOTE 2.NOTES:1. ALL PEDESTRIAN RAMPS ARE TO BE 6FT WIDE, UNLESS OTHERWISEDIMENSIONED ON PLANS.KEYNOTES:INSTALL NEW DRIVE APPROACH USING EXISTING CURB TRANSITION SECTIONS.INSTALL NEW CURB AND DRIVE APPROACH PER COB STD DWG 02529-12.REPLACE MEDIAN CONCRETE WITH NEW PAVERS. SEE DETAIL 8, SHEET D1.1.TEMPORARYCONSTRUCTIONEASEMENT (TYP.)MATCH BOTTOM OF EXISTING STEPSELEV= ±4800.81B2B2B2REMOVE AND REPLACE EXISTING CMU RETAININGWALL AND ALL DISTURBED LANDSCAPING,IRRIGATION, ETC. TO EAST OF NEW SIDEWALK.COORDINATE WITH OWNER.B2REPLACE EXISTING DELINEATOR ON NEW CONCRETE PAD.4" THICK BY TWO PAVER WIDTHS SQUARE (± 9" SQUARE)2. HIGHLIGHT THE EDGE (NOSE) OF EACH NEW STEPWITH NON-SLIP YELLOW EPOXY PAINT.4" WIDE TOTAL (2" ON TOP FACE, 2" ON VERTICAL FACE)B2EXISTING FOUNDATION WALL TO BE SAWCUT, DEMOLISHED AND HAULED OFF. REMOVE ENTIRE SLAB AND 0.5' DEPTH OF FOUNDATION @ 5' BEYOND SIDEWALK AND 1.0'DEPTH OF FOUNDATION ON SIDEWALK SIDE OF FOUNDATION.COMPACT 1.5” MINUS ROAD MIX AS PREP FOR ASPHALT PLACEMENTB2198 //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// //////////// /// //////////// /// //////////// /// //////////// /// //////////// /////////////// ////////////////////////////////////////////////////////////GGGGGGGGGGGGGGGGGGGGGTT T //////////// /// /// ///////////////////// ///////// /////////////// ///////////////////////////////////////////////////////////////////////////////// /// ///////////////////////////////////////////////////////////////5.00'797.94'797.71'35.78'4.00'12.00'35.05'797.47'797.17'20.00'798.98'798.69'35.12'798.22'798.04'±2.5'CIVIL GRADING/DRAINAGESTA 18+50 TO 21+00N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C1 SERIES-COMBINED.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C1.6BOZEMANMONTANACKKDJKDJ08/20191ADDENDUM #101/22/2020CPKB1BULLETIN #105/29/2020CPKB2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702MAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTONSHORT STMATCHLINESHEET C1.5MATCHLINESHEET C1.71.50%(TYP.)1.50%(TYP.)MATCHEXISTINGSIDEWALKNOTES:1. ALL PEDESTRIAN RAMPS ARE TO BE 6FT WIDE, UNLESS OTHERWISEDIMENSIONED ON PLANS..IMPROVEMENTS COMPLETED UNDER "N. 7TH STREETSCAPE IMPROVEMENTS - 2017"KEYNOTES:INSTALL NEW DRIVE APPROACH USING EXISTING CURB TRANSITION SECTIONS.REPLACE MEDIAN CONCRETE WITH NEW PAVERS. SEE DETAIL 8, SHEET D1.1.±25 LF NEW CURB TO REPLACE EXISTINGAPPROACH LAYDOWNAPPROXIMATE LOCATION OF EXISTING STORM DRAIN .PRIOR TO CONSTRUCTION, CONTRACTOR SHALLEXPOSE PIPE TO VERY LOCATION AND DEPTHAND NOTIFY ENGINEER OF POTENTIAL CONFLICTS.B2B2REPLACE EXISTING DELINEATOR ON NEW CONCRETE PAD.4" THICK BY TWO PAVER WIDTHS SQUARE (± 9" SQUARE )199 ////////////////////////////////////////////////////////////////////////////////////////// ////// /// //////////////////////// /// //////////// /// /// //////////////////////// ////////////////////////////////////////// ////////////////////////////// /////////////// /////////////// ////////////////////////////////////////////////////////////////////////TGGGGG///////// ////////////////////////////// ///////// /// ///////// ///////// ///////////////////////////////////////////////////////////////////////////////////////////////////EX 15 SDEX 15 SDEX 15 SDEX 15 SDEX 15 SDEX 15 SDEX 15 SDEX 15 SD12.00'35.05'30.00'797.47'797.17'796.90'796.76'20.00'CIVIL GRADING/DRAINAGESTA 21+00 TO 23+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\C1 SERIES-COMBINED.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063C1.7BOZEMANMONTANACKKDJKDJ08/2019B2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702N. 7TH AVEMATCHLINESHEET C1.6DURSTON ROADMAINMENDENHALLLAMMEBEALLVILLARDSHORTDURSTON1.50%(TYP.)MATCHEXISTINGSIDEWALK.IMPROVEMENTS COMPLETED UNDER "N. 7TH STREETSCAPE IMPROVEMENTS - 2017"TEMPORARYCONSTRUCTIONEASEMENT (TYP.)KEYNOTES:INSTALL NEW DRIVE APPROACH USING EXISTING CURB TRANSITION SECTIONS.REPLACE MEDIAN CONCRETE WITH NEW PAVERS. SEE DETAIL 8, SHEET D1.1.REPLACE EXISTINGWHEEL STOPS @ 2'BEHIND SIDEWALK(6 TOTAL)REFRESH EXISTING YELLOW PAVEMENT MARKINGS(8 STRIPES, 6 TOTAL STALLS TOTAL).EXTEND TO 20FT BEHIND SIDEWALKUSE YELLOW EPOXY PAINTB2B2B2B2REPLACE EXISTING DELINEATOR ON NEW CONCRETE PAD.4" THICK BY TWO PAVER WIDTHS SQUARE (± 9" SQUARE )APPROXIMATELOCATION OFSTORM DRAININSTALL #4 BARS ON 2' X 2' GRID± 36 LF CENTER ON STORM DRAIN CROSSINGINSTALL NEW PRECAST STORM MANJOLE COVERSET TO GRADE. INSTALL EXISTING FRAME ANDCOVER OR NEW FRAME AND "STORM" COVER.200 ///////////////////////////////////////////////////////// /////////////// ///////////////////////////////// //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// // / //////////////////////////////////////////////////////////////////////// ////// ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ////////////////// 12SD 12SD///////////////////////////////////////////////////////// /////////////// ///////////////////////////////// //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// // / //////////////////////////////////////////////////////////////////////// ////// ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ////////////////////////////////////. . . . . . . . .YIELDHERETOYIELDHERETOYIELDHERETOVERIFY SCALE! THESE PRINTS MAY BE REDUCED.LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2020COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\VILLARD-SIGN AND STRIPE.DWG PLOTTED BY:COOPER KRAUSE ON Sep/21/2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle N.7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020 0417.063 MONTANA VILLARD INTERSECTION SIGNING AND STRIPING    C3.1 CPK CPK KDJ 08/2019     B2  BULLETIN #2 09/18/2020CPK               BOZEMAN 20 4010200 SCALE IN FEET    N. 7TH AVE.W. VILLARD ST.NEW CONCRETE NEW PERMEABLE PAVERS 4 D-1 . 1 1 .1 S1-1 (36" X 36") W16-7P (21" X 15") WITH RRFB 3 E0.3 R1-5 36" X 36" R1-5 36" X 36" R1-5 36" X 36" S1-1 (36" X 36") W16-7P (21" X 15") WITH RRFB 3 E0.3 1 R3-2 36" X 36" NEW WHITE THERMOPLASTIC WORDS AND SYMBOLS (TYP.) WHITE SHARKS TEETH (TYP.) WHITE THERMOPLASTIC CROSSWALK BARS (TYP.) EXISTING 4" SOLID WHITE EXISTING 4" WHITE (9:15) SKIP STRIPE EXISTING 8" SOLID WHITE EXISTING 8" SOLID YELLOW EXISTING 4" WHITE (9:15) SKIP STRIPE EXISTING 8" SOLID WHITE EXISTING 8" SOLID YELLOW EXISTING 4" WHITE (9:15) SKIP STRIPE EXISTING 8" SOLID WHITE 4" DOUBLE YELLOW EPOXY (TYP.) 24" WHITE THERMOPLASTIC 12.00' 12.79' 12.80' 12.00' ±9.1' ±9.4' "NO PARKING ANY TIME" SIGNS (R7-1) ARROWS POINT TO EACH SIGN "NO PARKING ANY TIME" SIGNS (R7-1) ARROWS POINT TO EACH SIGN "NO PARKING HERE TO CORNER" SIGN PER CITY OF BOZEMAN ARROW POINTS TO N 7TH "NO PARKING HERE TO CORNER" SIGN PER CITY OF BOZEMAN ARROW POINTS TO N 7TH MDT STANDARD PIN DOWN CURB (TYP.) CONCRETE CROSSWALK PER DETAIL 4, SHEET D1.1 RESET EXISTING "STOP" AND STREET SIGNS ON NEW POLE AND BASE RESET EXISTING "STOP" AND STREET SIGNS ON NEW POLE AND BASE STRIPING NOTES 1. ALL STRIPING ON N. 7TH AVE SHALL BE EPOXY PAINT. 2. CITY OF BOZEMAN SIDE STREETS: ALL NEW TRANSVERSE PAVEMENT MARKINGS, STRIPES 8 INCHES IN WIDTH OR WIDER, WORDS, AND SYMBOLS ARE TO BE INLAID THERMOPLASTIC OR PREFORMED PLASTIC TAPE. ALL OTHER MARKINGS SHALL BE EPOXY PAINT. 3. ALL CURB RADII, CURB BULBS AND PREVIOUSLY PAINTED CURB ARE TO BE PAINTED WITH YELLOW EPOXY. DO NOT PAINT CURB THROUGH PEDESTRIAN RAMPS. 4. INSTALL FLEXIBLE YELLOW DELINEATORS AT ALL RADIUS POINTS ON CURB BULBS. FOR INSTALLATION IN PAVER AREAS, INSTALL A NEW 4" THICK CONCRETE PAD BY TWO PAVER WIDTHS SQUARE (±9" SQUARE). NEW 8" WHITE LANE DIVIDER (TYP.) B2 B2 YELLOW EPOXY PAINT ON ALL NEW MEDIAN CURB NEW YELLOW CURB PAINT ON EXISTING CURB EXTENDED TO "NO PARKING" SIGN, BOTH SIDE OF THE ROAD NEW YELLOW CURB PAINT ON EXISTING CURB EXTENDED TO "NO PARKING" SIGN, BOTH SIDE OF THE ROAD NEW 4" WHITE (9:15) SKIP STRIPE NEW 4" WHITE (9:15) SKIP STRIPE NEW 8" WHITE THERMOPLASTIC NEW 8" WHITE THERMOPLASTIC 201 2.2'±6'SIDEWALKVARIES (5.5'±)BOULEVARDEASEMENTLINE1.5%VARIES(1.5% TYP.)6" M-4000 REINFORCEDCONCRETE (1.5# FIBERMESH/CY)6" MIN. COMPACTED, OPEN-GRADED, CRUSHED, ANGULARSTONE ASTM NO. 57(APPROVED ALTERNATE: 6" MIN. COMPACTED 1 12" (-) BASE)SUBGRADE SCARIFIED TO 6" DEPTH,MOISTURE CONDITIONED AND RECOMPACTEDTO 95% OF ASTM D 698.4 (MIN.) : 18" MIN. COMPACTED 3" (-) CRUSHED SUB-BASE COURSE.TENCATE MIRAFI BXG110 GEOGRID4" PERMEABLE PAVERS, LANDSCAPE DRAWINGSCURB AND GUTTER WHERE NOTEDON PLANS (SEE MDT DWG. NO. 609-05)4" MIN. COMPACTED 1 1/2" (-)CRUSHED BASE COURSEUNDISTURBED SUB-BASE COURSE/GEOTEXTILE OR MATCH EXISTINGSUBGRADE SCARIFIED TO6" DEPTH, MOISTURECONDITIONED ANDRECOMPACTED TO95% OF ASTM D 698.EXISTING GRADE2" PERMEABLE SETTING BED, ASTM NO.86" MIN. COMPACTED, OPEN-GRADED,CRUSHED, ANGULAR STONE ASTM NO.574 (MIN.) : 1TENCATE MIRAFIRS280i GEOTEXTILEMIRIFI 600X GEOTEXTILE AS NEEDED TO BRIDGE CLAY SOILS,OR AS DIRECTED BY ENGINEER.IF SUB-EX AND IMPORTED SUB-BASE IS REQUIRED, ENGINEERAUTHORIZATION IS REQUIRED BEFORE PROCEEDING.VARIES (6" MAX.)MATCH EXISTINGPAVEMENT SECTION AND MATERIALSFINISHEDGRADE5"SIDEWALKPER PLANPROVIDE 34" CHAMFER ON ALLEXPOSED EDGES12"6"8"18"4" MIN. 1 12" CRUSHEDBASE COURSE2.2'±6'SIDEWALKVARIES (5.5'±)BOULEVARDEASEMENTLINE1.5%VARIES(1.5% TYP.)6" M-4000 REINFORCEDCONCRETE (1.5# FIBERMESH/CY)4 (MIN.) : 1FILTER GRID ANDSTRUCTURAL SOIL CELLSPER LANDSCAPE DETAILS4" PERMEABLE PAVERS, LANDSCAPE DRAWINGSCURB AND GUTTER WHERE NOTEDON PLANS (SEE MDT DWG. NO. 609-05)4" MIN. COMPACTED 1 1/2" (-)CRUSHED BASE COURSEUNDISTURBED SUB-BASE COURSE/GEOTEXTILE OR MATCH EXISTINGEXISTING GRADE2" PERMEABLE SETTING BED, ASTM NO.84 (MIN.) : 16" MIN. COMPACTED, OPEN-GRADED, CRUSHED, ANGULARSTONE ASTM NO. 57(APPROVED ALTERNATE: 6" MIN. COMPACTED 1 12" (-) BASE)VARIES (6" MAX.)18"SIDEWALKPER PLAN5"FINISHEDGRADEMATCH EXISTINGPAVEMENT SECTION AND MATERIALSPROVIDE 34" CHAMFER ON ALLEXPOSED EDGES8"18"4" MIN. 1 12" CRUSHEDBASE COURSE2.2'±TYP.6'SIDEWALKVARIES (5.5'±)APRONEASEMENTLINE1.5%VARIESMATCH EXISTINGAT SAW CUT LINEPER PLANSLOPEPER PLAN(10% MAX.)DRIVEWAY DROP CURBWHERE NOTED ON PLANS4" MIN. COMPACTED 1 1/2" (-)CRUSHED BASE COURSEUNDISTURBED SUB-BASE COURSE/GEOTEXTILE OR MATCH EXISTING6" M-4000 REINFORCEDCONCRETE (1.5# FIBERMESH/CY)6" MIN.- COMPACTED 1 12" (-) CRUSHED COURSESUBGRADE SCARIFIED TO6" DEPTH, MOISTURE CONDITIONED ANDRECOMPACTED TO 95% OF ASTM D 698.MIRIFI 600X GEOTEXTILE AS NEEDED TO BRIDGE CLAY SOILS,OR AS DIRECTED BY ENGINEER.IF SUB-EX AND IMPORTED SUB-BASE IS REQUIRED, ENGINEERAUTHORIZATION IS REQUIRED BEFORE PROCEEDING.6" OF 1-1/2" MINUS CRUSHEDBASE COURSE MATERIALASPHALTmatch existing depth3" minimumCOMPACTED SUBGRADENOTES:1.ASPHALT SHALL BE TYPE B-MODIFIED, COMPACTED TO 93% RICE DENSITY ASDETERMINED BY ASTM D2041.2.BASE COARSE AND SUBGRADE SHALL BE COMPACTED TO 95% RELATIVECOMPACTION BASED UPON AASHTO T-99.3.SEAL ALL NEW ASPHALT JOINTS PER MDT STANDARD SPECIFICATIONS SECTION 403.12" OF 3" MINUS CRUSHEDSUB-BASE COURSE MATERIAL(CAN ELIMINATE IF EXISTINGSUB-BASE IS ADEQUATE; TOBE DETERMINED BY ENGINEER.6" OF 1-1/2" MINUS CRUSHEDBASE COURSE MATERIAL7" concreteCOMPACTED SUBGRADE6" OF 3" MINUS CRUSHEDSUB-BASE COURSE MATERIAL(CAN ELIMINATE IF EXISTINGSUB-BASE IS ADEQUATE; TOBE DETERMINED BY ENGINEER.NOTES:1.CONCRETE SHALL BE M-4000 REINFORCED WITH 1.5 LBS FIBERMESH PER CUBIC YARD.2.INSTALL #4 BARS ON A 2' X 2' GRID AT 3.5"3.BASE COARSE AND SUBGRADE SHALL BE COMPACTED TO 95% RELATIVE COMPACTIONBASED UPON AASHTO T-99.4.BRUSH FINISH. CONCRETE COLOR AND FINISH SHALL MATCH ALL NEW SIDEWALKS.5.INSTALL JOINTS PER LAYOUT BELOW.±8.5'EXISTING BLVD LANDSCAPE AREAEXISTING ASPHALT (TYP.)±2.4'±2.4'± 2" SAND SETTING BED (TYP.)EXISTING PLANTING SOILDO NOT DISTURB EXISTING LANDSCAPE PLANTS.REPAIR LANDSCAPE AS NECESSARYNEW 4" WIDE CONCRETE CURB (TYP.)#4 BARS DRILLED INTO EXISTING ASPHALTMIN 5' SPACINGEXISTING MEDIAN CURB TO REMAINREPLACE AS NECESSARY IF DAMAGE OCCURSDURING REMOVAL OF EXISTING MEDIAN CONCRETE2.0%2.0%PAVERS PER LANDSCAPE DRAWINGS.FILL JOINTS WITH POLYMERIC SANDPER PAVER MANUFACTURER RECOMMENDATIONSTYPICAL SECTION DETAILSN. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BE REDUCED. LINEBELOW MEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\DETAILS-SECTIONS-STANDARDS.DWG PLOTTED BY:COOPER KRAUSE ON Sep/03/2020COPYRIGHT ©MORRISON-MAIERLE, INC.,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063D1.1BOZEMANMONTANADS/KDJMGHKDJ08/2019B2BULLETIN #208/28/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702MATCH EXISTING IMPROVEMENTS AT EASMENT LINE EXCEPT AS NOTED OTHERWISE ON PLANS. SAW CUT HARD SURFACING AT MATCHLINE.REPLACE TO MATCH EXISTING PRECONSTRUCTION MATERIALS PERIF 4:1 SLOPE OR FLATTER IS NOT FEASIBLE WITHIN EASEMENT, INSTALL VERTICAL CURB PER DETAILIF 4:1 SLOPE OR FLATTER IS NOT FEASIBLE WITHIN EASEMENT , INSTALL VERTICAL CURB PER DETAILIF 10% SLOPE OR FLATTER IS NOT FEASIBLE WITHIN EASEMENT AND ADJACENT PROPERTY OWNER WILL NOT APPROVE ADDITIONALENCROACHMENT, INSTALL HARD SURFACING WITHIN EASEMENT AS DIRECTED BY OWNER. DO NOT ADJUST NORTH 7th AVE. SIDEWALKLOCATION OR ELEVATION TO ACCOMMODATE PRIVATE APPROACH CONNECTIONS.WHERE CURB HEIGHT IS LESS THAN 6", PAINT TOP FACE OF CURB OSHA YELLOW.TYP. SECTION - SIDEWALK AND BOULEVARD WITHOUT SOIL CELLS1--TYP. SECTION - DRIVEWAY APPROACH3--VERTICAL CURB - SIDEWALK ABOVE ADJACENT IMPROVEMENTS4--KEYNOTES:TYP. SECTION - SIDEWALK AND BOULEVARD WITH SOIL CELLS2--VERTICAL CURB - SIDEWALK BELOW ADJACENT IMPROVEMENTS5--ASPHALT PAVEMENT SECTIONCONCRETE CROSSWALK SECTION6--7--1' BORDER6'SCORE JOINTS3' X 3' GRID (TYP.)CURB AND GUTTER PER PLAN8'MEDIAN PAVERS AND LANDSCAPE CURB8--B2MIRIFI 600X GEOTEXTILE AS NEEDED TO BRIDGE CLAY SOILS,OR AS DIRECTED BY ENGINEER.IF SUB-EX AND IMPORTED SUB-BASE IS REQUIRED, ENGINEERAUTHORIZATION IS REQUIRED BEFORE PROCEEDING.B2B2B2B2202 ELECTRICAL DETAILSN. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020LONG REINF.SEESCHEDULEANCHORBOLTS FROMPOLE MANF.2'-6"DEPTH OF EMBEDSEE SCHEDULE.HORIZ. TIESSEESCHEDULEPROVIDE LONG AT ALL FOUR CORNERS OF SQUARE PIER.PROVIDE SPACING OF S/2 AT TOP 1'-0" OF PEIR.DEPTH BELOW FINISHED GRADE, UNLESS ADJACENT TO STRATAVAULT WHEREDEPTH IS BASED ON NUMBER OF STRATAVAULT COURSES.SPACE LONG. STEEL EVENLY AROUND PERIMETER.PROVIDE REINF. CLEARANCE PER ANCI 318.*** ************POWER CONDUITTRENCH SAND6" BELOW & 8" ABOVE CONDUIT.COMPACT TO 90% RELATIVEDENSITY.COMPACT BACKFILL TO 95% OFRELATIVE DENSITY. 95% OFT-99 ACROSS ROAD WAYSEDGE OF TRENCH TO BE 36" MIN.FROM EDGE OF WATER OR SEWERNEW TOPSOIL36"MIN40"MAXEXISTING TOPSOILUNDISTURBED EARTH12"MIN.SHOW SEPARATE 6" WIDE MARKINGTAPE 15-18" BELOW FINISHED GRADEPAVERSPOLE FDNSIZE. SEESCHEDULESEE SITE PLANFOR CONDUIT SIZEREINFORCED CONC.BASE BY E.C.BUSH CONDUITSBASE COVER TO SITLEVEL ON PAVERSPROVIDE FUSE(S) IN CKT. TOBALLAST. FUSE(S) SHALL BEBUSS TYP. BBS. FUSE HOLDERSSHALL BE BUSS "TRON" HEBWATERPROOF. SIZE OF FUSESHALL BE AS REQUIRED BYLUMINAIRE MANUFACTURER.CONNECT GROUND TO POLEBASE W/ BOUNDRY #GB4CPROJECT ANCHOR BOLTS 3" MIN.ABOVE TOP OF BASE. PROVIDEDOUBLE NUTS FOR LEVELING UNIT(ONE ABOVE AND ONE BELOW BASEFLANGE). GROUT VOID BETWEENBASE FLANGE AND TOP OFCONCRETE, LEAVING DRAIN HOLE.HAND FINISH.THWN CONDUCTOR AS SHOWN ON PLANSPROVIDE 1' OF COILED SLACK ONCONDUCTOR FEED THRUHANDHOLE - 4" X 6" (NOMINAL)LIGHT FIXTURE BASE SCHEDULE *****POLEHEIGHTSIZELONGSTLHORIZONTALSTL **0' - 14'14' - 30'DEPTH ***15" SQ.18" Ø(4) # 5 *#3 AT 10" O.C.4'-0"4'-0"7'-0"7'-0"7'-0"20" SQ.24" Ø22" Ø(6) # 6 ****(4) # 7 *(6) # 6 ****(6) # 6 ****#3 AT 10" O.C.#3 AT 12" O.C.#3 AT 12" O.C.#3 AT 12" O.C.TYPICAL TRENCH DETAILNO SCALESCALE:NOTE:CONTRACTOR SHALL GRIND EXPOSED CONCRETESMOOTH. EXPOSED CONCRETE SHALL HAVE NOSONOTUBE MARKINGS.E0.25POLE BASE DETAIL FOR FIXTURE TYPE 'E2'SCALE:E0.23TYPICAL PULL BOX DETAILNO SCALESCALE:E0.21E2PLANT HANGER(12' AFF)BANNER ARM(15' AFF)BANNER ARM(21' AFF)GFI WITHWHILE-IN-USE COVER(24' AFF)TYPE E2 ELEVATIONNO SCALESCALE:E0.24CONTRACTOR SHALL PROVIDE LIKEVEGETATION DISTURBED BY TRENCHOR PATCH AND RE-PAVE AS NEEDEDTO MATCH ADJACENT SURFACENO SCALE2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\E0.2-3.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC. ,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063E0.2BOZEMANMONTANAARGARGKDJ08/2019B2BULLETIN #209/18/2020CPKTYPE ITYPE IIMINIMUM INSIDE DIMENSIONSW = 12 INCHESL = 18 INCHESD = 12 INCHESPULL BOX COMPOSITEW = 12 INCHESL = 24 INCHESD = 12 INCHES1" CLEAN STONEDRAINAGECOPPER OR EQUALCONCRETE SIDEWALK OR PAVERSCONDUIT IN PLACEAS REQUIRED. ELECTRICAL BOND, NO.6 AWGPROVIDE STUB 4-6" ABOVE BOTTOM OF PULL BOX AND CAP CONDUIT FOR FUTURE LUMINAIRESNOTES:FURNISH PULL BOXES AND COVERS MADE OF POLYMER CONCRETE WITH FIBERGLASS REINFORCEMENT.FURNISH PULL BOXES HAVING CONTINUOUS FIBERGLASS CLOTH REINFORCEMENT ON THE INSIDE ANDOUTSIDE PERIMETERS. FURNISH COVERS HAVING A MINIMUM OF TWO LAYERS OF FIBERGLASS CLOTHREINFORCEMENT.ENSURE THE PULL BOXES AND COVERS COMPLY WITH ALL TEST PROVISIONS OF THE MOST CURRENTANSI/SCTE 77 FOR TIER 22 APPLICATIONS. FURNISH PULL BOXES AND COVERS THAT HAVE BEEN TESTED ANDCERTIFIED BY A NATIONALLY RECOGNIZE D THIRD PARTY INDEPENDENT TEST FIRM SUCH AND UL OR ETLVERIFYING THAT THE BOXES AND COVERS MEET ALL TEST PROVISIONS OF THE ANSI/SCTE 77. FURNISH PULLBOXES THAT HAVE MARKINGS SHOWING THE TIER 22 RATING LABELED OR STENCILED ON THE INSIDE ANDOUTSIDE OF THE BOX. FURNISH COVERS THAT MARKING SHOWING THE TIER 22 RATING EMBOSSED IN THE TOPSURFACE OF THE COVER. FURNISH COVERS HAVING PULL SLOTS RATED FOR A MINIMUM PULL OUT OF 3,000POUNDS.FURNISH 3/8-7 LAB THREAD HEX HEAD BOLTS TO SECURE THE COVER TO THE PULL BOX.CITY LIGHTINGSAND BASE MATERIALSQUARE CONCRETE FORM AROUNDANCHOR BOLTS. PROVIDE AT LEAST 3" OFCONCRETE AROUND ANCHOR BOLTS.HOLD DOWN BOLTSREINFORCED STOPS 3"BELOW NECK.TYPICAL TREE RECEPTACLENO SCALESCALE:E.026WEATHER PROOF, GFI RECEPTACLE WITHEXTRA HEAVY-DUTY WHILE-IN-USE COVER(HUBBELL WP26E OR EQUAL) MOUNT INTREE GUARD OPENING.3/4" RGS CONDUIT,ROUTE INSIDE TREEGUARD.1" PVC CONDUIT TONEXT TREE1" PVC CONDUIT TOPREVIOUS TREETRANSITION FROM1" PVC TO 3/4" RGSTO HANDHOLELB CONDUIT ADJACENT TOHANDHOLE ON POLEEXISTING HANDHOLE ONEXISTING POLE3/4" RGSTRANSITIONTO 3/4" PVCEXISTING LUMINAIRE UNDERGROUND FEED DETAILNO SCALESCALE:E.0222 COURSES COURSES: 9.5' FROM FG3 COURSES: 10.5' FROM FGB2203 NORTH 7TH AVENUE////////////////////////////////////////// /// /// /////////////// ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// ////////////////////////////// /////////////// /////////////// ///////// // ///////////// MATCHLINE STA 7+502-#10 CU AND1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.EXISTING UTILITY POLE2-#10 CU AND1- #10 CU GND IN 1" C.NORTH 7TH AVENUEN.I.C2" C.O.PROVIDE PULL BOXFOR FUTURE SOUTHEXTENSION//////////////////////////////////// /////////////// //////////// ///////////////////// ///////// /////////////// /// //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////GGGGGGGMATCHLINE STA 7+50 EXISTING UTILITY POLENORTH 7TH AVENUE2-#10 CU AND 1- #10 CU GND IN 1" C.IRRIGATION CONTROLLERSEE IRRIGATION SHEETS2-#8CU AND 1-#10CU GND IN 1"C.MATCHLINE STA 10+50 ELECTRICAL PLANSTA 4+25 TO STA 10+50N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020FUTURE TYPE E1 LUMINAIRE MOUNTED TO NEW SIGNAL STANDARD. SHOWN FORREFERENCE ONLY.CONNECT EXISTING POLE LIGHT TO NEW CIRCUIT AS NOTED. REFER TO DETAIL 2 ONSHEET E0.2PROVIDE (1) 3" CONDUIT AND BORE OR TRENCH PER UTILITY REQUIREMENTS BACKTO UTILITY POLE . 2-#8CU FOR M9-7 AND 2-#8CU FOR M9-1 AND 1-#10 CU GND IN 2" C. 2-#10CU AND 1-#10 CU GND IN 1" C.CHRISTMAS LIGHT RECEPTACLE. SEE DETAIL 6 ON E0.2.2-#8 CU FOR M10-2 AND 2-#10 FOR M10-4 AND 1-#10 CU GND IN 2"C.2-#10 CU FOR M10-2 AND AND 2-#10 FOR M10-4 AND 1-#10 CU GND IN 2"C.2-#6CU FOR M10-1; 2-#6CU FOR M10-3 AND 1-#8CU GND IN 2" C. AND 2-#8CU FORM10-7; 2-#8CU FOR M10-9; AND 1-#8CU GND IN 2"C. 2-#6CU FOR M10-1; 2-#6CU FOR M10-3 AND 1-#8CU GND IN 2" C. AND 2-#8CU FORM10-5; 2-#8CU FOR M10-7; 2-#8CU FOR M10-9; AND 1-#8CU GND IN 2"C. FUTURE 2"C FOR SIDEWALK IMPROVEMENTS TO THE SOUTH. 2-#8CU FOR M9-7 AND 2-#8CU FOR M9-1 AND 2-#8CU FOR M9-3 AND 1-#10 CU GND IN 2" C.KEY NOTES1.REFER TO SHEET G-2 FOR OVERALL PROJECT PLAN2.CONTRACTOR SHALL VERIFY EXISTING FIBER LINES AND COORDINATE WITHUTILITY TO ADJUST ROUTING AS NEEDED.GENERAL NOTESSHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\E1.1.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC. ,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063E1.1BOZEMANMONTANAARGARGKDJ08/2019B2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.6702B2204 ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /// /////////////////////////////////////////////////// ///////// ////// /// /// ////////////////////////////////////////////////////////////SSSS////////////////////////12SD12SD////// /// //////////// //////////////////GGGGGG/////////12SD12SDELECTRICAL PLANSTA 10+50 TO STA 14+00N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2020PROVIDE (1) 3" CONDUIT AND BORE OR TRENCH PER UTILITYREQUIREMENTS BACK TO UTILITY POLE .EXISTING PEDESTRIAN LIGHT. NEW POWER ROUTED FROM BELOW GRADE.PATCH AND REPAIR SURROUNDING SURFACE AS NEEDED.NOT USED.NEW WIRELESS RRFB SIGNAGE SEE DETAIL 3 ON E0.3.CHRISTMAS LIGHT RECEPTACLE AT TREE GUARD. SEE DETAIL 6 ON E0.2.NOT USED2-#8 CU FOR M3-1 AND 2-#10 FOR M3-5 AND 2-#8 FOR M3-7 AND 2-#8 FORM3-9 AND 1-#10CU GND IN 2" C.2-#8 CU FOR M3-1 AND 2-#8 FOR M3-7 AND 2-#8 FOR M3-9 AND 1-#10CU GNDIN 2" C.2-#8 CU FOR M3-1 AND 2-#8 FOR M3-9 AND 1-#10CU GND IN 2" C.2-#8 CU FOR M4-1 AND 2-#10 FOR M4-5 AND 2-#8 FOR M4-7 AND1-#10CU GNDIN 2" C.2-#8 CU FOR M4-1 AND 2-#8 FOR M4-7 AND1-#10CU GND IN 2" C.KEY NOTES1.REFER TO SHEET G-2 FOR OVERALL PROJECT PLANGENERAL NOTESMATCHLINE STA 10+50 SHEET NUMBERPROJECT NUMBERDRAWING NUMBERVERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!DATEDESCRIPTIONNO.BYN:\0417\063\ACAD\SHEETS-2019 MENDENHALL TO DURSTON\E1.2.DWG PLOTTED BY:COOPER KRAUSE ON Sep/18/2020COPYRIGHT ©MORRISON-MAIERLE, INC. ,2020REVISIONSengineers surveyors planners scientistsMorrisonMaierleDRAWN BY:DSGN. BY:APPR. BY:DATE:Q.C. REVIEWDATE:BY:0417.063E1.2BOZEMANMONTANAARGARGKDJ08/2019B2BULLETIN #209/18/2020CPK2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.67022-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.2-#10 CU AND 1- #10 CU GND IN 1" C.MATCHLINE STA 14+00NORTH 7TH AVENUEB2B2205 ///////// /////////////////////////// /// /// ///////////////10+5011+5012+5013+5014+5015+5010+0010+0012+0013+0014+0015+00PLAN AREA 2 COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! BYDESCRIPTIONNO.DATE X:\PROJECTS\NORTH 7TH AVENUE\07 - CD\PHASE 2 AND 3\CAD\SHEETS\DHM-PLAN-SHEETS.DWG PLOTTED BY:ROBIN SPEAR ON Sep/16/2020 2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 engineers surveyors planners scientists Morrison Maierle N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2019 BOZEMAN MONTANA SITE MATERIALS & LANDSCAPE PLAN 0417.063 X L1.2 EM EM EM 12/2019 SCALE IN 020 20 4010 FEET EXISTING TREES TO REMAIN NOTES: 1.FOR UTILITY AND STREET SYMBOLS SEE CIVIL SET 2.TREE LAYOUT PROVIDED IS APPROXIMATELY BASED ON ROAD STATIONING. FINAL LAYOUT TO BE FIELD VERIFIED WITH CIVIL AND LANDSCAPE ARCHITECT. 3.CONTRACTOR TO PROVIDE SOIL CELL SHOP DRAWINGS AND CONSIDER THIS LAYOUT IN DETERMINING FINAL TREE LOCATIONS. 4.TREES TO BE LOCATED AT CENTER OF TREE PIT AND GRATE. 5.ATTACHMENT DETAIL FOR SITE FURNISHINGS VARIES BASED ON SUBSURFACE CONDITION 4 L2.0 EXISTING TREES TO BE TRANSPLANTED OR REMOVED - SEE CIVIL PLANS PROPOSED STREET TREE PLANTING. PERMEABLE UNIT PAVERS - REFER TO SHEET L1.5-1.7 FOR PAVER ZONES STREET LIGHT - SEE CIVIL PLANS CONCRETE SIDEWALK - SEE CIVIL PLANS SCORE JOINTS EXPANSION JOINTSEJPLAN LEGEND LANDSCAPE ARCHITECTURE URBAN DESIGN + LAND PLANNING ECOLOGICAL PLANNING 27 E Main Street Suite D Bozeman, MT 59715 |406.219.2012 PLANT SCHEDULE BIKE RACK SITE FURNISHINGS SCHEDULE QTY DESCRIPTION 12 DUMOR BIKE RACK MODEL #291 1 L2.2 3 L2.0W BEALL STW BEALL STW VILLARD STW VILLARD ST(1) SOT STA. ±11+30.3(1) QMA STA. ±10+49.2 (1) PM1 STA. ±11+84.4 (1) PM1 STA. ±12+04.1EJEJEJEJEJEJEJEJ EJEJEJEJEJ EJEJEJEJEJEJEJEJEJEJEJEJEJEJEJEJEJ(1) SOT STA. ±11+50 (1) SOT STA. ±12+60.4 (1) SOT STA. ±12+83.7 (1) SOT STA. ±13+08.3 (1) SOT STA. ±13+29.01 (1) PM1 STA. ±15+53.9 (1) PM1 STA. ±15+76 (1) QMA STA. ±12+00.5 (1) QMA STA. ±13+30.6 (1) TGR STA. ±11+13.4 (1) PM1 STA. ±10+86.3 (1) PM1 STA. ±10+76.2 (1) PM1 STA. ±10+95.9 CODE QTY BOTANIC NAME COMMON NAME ROOT SIZE COMMENT PM1 13 Prunus maackii AMUR CHOKECHERRY CONT #25 2" CAL. SINGLE STEM SOT 9 Sorbus x thuringiaca OAKLEAF MOUNTAIN ASH B&B 2" CAL. QMA 10 Quercus macrocarpa BUR OAK B&B 2" CAL. TGR 8 Tilia cordata 'Greenspire'GREENSPIRE LITTLELEAF LINDEN B&B 2" CAL. BIKE RACK, TYP.1 L2.2 2 ADDENDUM #3 02/12/2020 EM B1 BULLETIN #1 05/29/2020 EM B2 B2 BULLETIN #2- W. VILLARD TREE/STRATAVAULT REMOVAL 09/18/2020 RS B2 SEE CIVIL DRAWINGS FOR SIDEWALK REVISION (TREE REMOVED)EJB2 TREE ADJUSTMENTS TO THE SOUTH 206 GGGGGGGGG21+5022+5023+5022+0023+00PLAN AREA 4 COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! BYDESCRIPTIONNO.DATE X:\PROJECTS\NORTH 7TH AVENUE\07 - CD\PHASE 2 AND 3\CAD\SHEETS\DHM-PLAN-SHEETS.DWG PLOTTED BY:ROBIN SPEAR ON Sep/16/2020 2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 engineers surveyors planners scientists Morrison Maierle N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2019 BOZEMAN MONTANA SITE MATERIALS & LANDSCAPE PLAN 0417.063 X L1.4 EM EM EM 12/2019 SCALE IN 020 20 4010 FEET EXISTING TREES TO REMAIN NOTES: 1.FOR UTILITY AND STREET SYMBOLS SEE CIVIL SET 2.TREE LAYOUT PROVIDED IS APPROXIMATELY BASED ON ROAD STATIONING. FINAL LAYOUT TO BE FIELD VERIFIED WITH CIVIL AND LANDSCAPE ARCHITECT. 3.CONTRACTOR TO PROVIDE SOIL CELL SHOP DRAWINGS AND CONSIDER THIS LAYOUT IN DETERMINING FINAL TREE LOCATIONS. 4.TREES TO BE LOCATED AT CENTER OF TREE PIT AND GRATE. 5.ATTACHMENT DETAIL FOR SITE FURNISHINGS VARIES BASED ON SUBSURFACE CONDITION 4 L2.0 EXISTING TREES TO BE TRANSPLANTED OR REMOVED - SEE CIVIL PLANS PROPOSED STREET TREE PLANTING. PERMEABLE UNIT PAVERS - REFER TO SHEET L1.2 FOR PAVER ZONES STREET LIGHT - SEE CIVIL PLANS CONCRETE SIDEWALK - SEE CIVIL PLANS SCORE JOINTS EXPANSION JOINTSEJPLAN LEGENDDURSTON RD.LANDSCAPE ARCHITECTURE URBAN DESIGN + LAND PLANNING ECOLOGICAL PLANNING 27 E Main Street Suite D Bozeman, MT 59715 |406.219.2012 PLANT SCHEDULE BIKE RACK SITE FURNISHINGS SCHEDULE QTY DESCRIPTION 12 DUMOR BIKE RACK MODEL #291 1 L2.2 3 L2.0 BIKE RACK, TYP.1 L2.2 EJEJEJEJEJW PEACH STCODE QTY BOTANIC NAME COMMON NAME ROOT SIZE COMMENT PM1 12 Prunus maackii AMUR CHOKECHERRY CONT #25 2" CAL. SINGLE STEM SOT 9 Sorbus x thuringiaca OAKLEAF MOUNTAIN ASH B&B 2" CAL. QMA 10 Quercus macrocarpa BUR OAK B&B 2" CAL. TGR 8 Tilia cordata 'Greenspire'GREENSPIRE LITTLELEAF LINDEN B&B 2" CAL. (1) PM1 STA. ±21+59.4 (1) PM1 STA. ±21+84 (1) PM1 STA. ±22+06.28 2 ADDENDUM #3 02/12/2020 EM B1 BULLETIN #1 05/29/2020 EM B2 BULLETIN #2- DURSTUN RIKKI'S SD CONFLICT 09/18/2020 RS B2 B2 B2 B2 TREE REMOVED TREE MOVED SOUTH 207 16+5017+5018+5019+5020+5021+5022+5017+0018+0019+0020+0021+0022+00////////////////// // / /// ///////////////10+5011+5012+5013+5014+5015+5010+0010+0012+0013+0014+0015+0016+00PLAN AREAS 3 + 4 SCALE IN 020 20 4010 FEETPAVER COLOR LEGEND AND NOTES TRUCKEE BASALITE PERMEABLE PLANK PAVERS COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! BYDESCRIPTIONNO.DATE X:\PROJECTS\NORTH 7TH AVENUE\07 - CD\PHASE 2 AND 3\CAD\SHEETS\DHM-PLAN-SHEETS.DWG PLOTTED BY:ROBIN SPEAR ON Sep/16/2020 2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 engineers surveyors planners scientists Morrison Maierle N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2019 BOZEMAN MONTANA PAVER LAYOUT PLAN 0417.063 X L1.6 EM EM EM 12/2019 GRANITE BAY MT. SHASTA PAVER LAYOUT ZONE 3 PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 1 NORTH 7TH AVENUE W SHORT STPAVER LAYOUT ZONE 1 LANDSCAPE ARCHITECTURE URBAN DESIGN + LAND PLANNING ECOLOGICAL PLANNING 27 E Main Street Suite D Bozeman, MT 59715 |406.219.2012 NOTES: 1.ALL PAVER JOINTS SHOULD BE STAGGERED, NOT ALIGNED 2.PAVER ZONE COLOR LAYOUTS PROVIDED TO SHOW DESIGN INTENT. CONTRACTOR TO PROVIDE 5.5' X 6' MOCK UP OF PAVER ZONES 1-3, PER SPECIFICATIONS PRIOR TO CONSTRUCTION 3.FOR MORE INFORMATION OF COLOR LAYOUT AND COLOR BLEND FOR RESPECTIVE PAVERS ZONES SEE SHEET L1.5 DETAILS 1, 2, & 3 4.FOR PAVERS IN NORTH 7TH AVE. MEDIAN AREAS SEE CIVIL DRAWINGS DETAIL 8, SHEET D1.1 FOR MORE INFORMATION PLAN AREA 2 PAVER LAYOUT ZONE 1 PAVER LAYOUT ZONE 1 SCALE IN 020 20 4010 FEET PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 3 PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 1 PAVER LAYOUT ZONE 1 PAVER LAYOUT ZONE 2 NORTH 7TH AVENUEW BEALL STW BEALL STPAVER LAYOUT ZONE 3 PAVER LAYOUT ZONE 2 (REMOVED- B2)PAVER LAYOUT ZONE 1 PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 1 PAVER LAYOUT ZONE 2W VILLARD STW VILLARD STPAVER LAYOUT ZONE 3 PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 1 SEE CIVIL DWGS. DETAIL 8, SHEET D1.1 FOR INFORMATION ON PAVERS IN MEDIAN AREAS PAVER LAYOUT ZONE 2 PAVER LAYOUT ZONE 1 MATCHLINE - SEE PLAN BELOWPAVER LAYOUT ZONE 3 MATCHLINE - SEE PLAN ABOVESEE CIVIL DWGS. DETAIL 8, SHEET D1.1 FOR INFORMATION ON PAVERS IN MEDIAN AREAS SEE CIVIL DWGS. DETAIL 8, SHEET D1.1 FOR INFORMATION ON PAVERS IN MEDIAN AREAS 1 ADDENDUM #1 01/24/2020 EM 2 ADDENDUM #3 02/12/2020 EM B1 BULLETIN #1 05/29/2020 EM PAVER LAYOUT ZONE1PAVER LAYOUT ZONE 2 MT. WHITNEY B2 PAVER LAYOUT ZONE 2 (NEW) B2 09/18/2020 RSBULLETIN #2- W. VILLARD TREE/STRATAVAULT REMOVAL 208 /// /////////////// /// /// ///////////////10+5011+5012+5013+5014+5015+5010+0010+0012+0013+0014+0015+0016+0016+5017+5018+5019+5020+5021+5017+0018+0019+0020+0021+0022+00SCALE IN 020 20 4010 FEET COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! BYDESCRIPTIONNO.DATE X:\PROJECTS\NORTH 7TH AVENUE\07 - CD\PHASE 2 AND 3\CAD\SHEETS\DHM-PLAN-SHEETS.DWG PLOTTED BY:ROBIN SPEAR ON Sep/16/2020 2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 engineers surveyors planners scientists Morrison Maierle N. 7TH AVENUE STREETSCAPE IMPROVEMENTS - 2019 BOZEMAN MONTANA SOIL CELL LAYOUT PLAN 0417.063 X L1.8 EM EM EM 12/2019 NORTH 7TH AVENUE W VILLARD STLANDSCAPE ARCHITECTURE URBAN DESIGN + LAND PLANNING ECOLOGICAL PLANNING 27 E Main Street Suite D Bozeman, MT 59715 |406.219.2012 TYPICAL SOIL CELL LAYOUT AT TREE PLANTING PIT SOIL CELL LAYOUT PLAN 1" = 20' 1 L1.8 PLAN VIEW 2 L2.0 +/- 1,234 CF 2 COURSES NOTES: 1.VOLUMES ARE APPROXIMATE AND INTENDED TO INDICATE MINIMUM SOIL VOLUMES PER TREE 2.CONTRACTOR TO WORK WITH MFR. TO DETERMINE ACTUAL SOIL CELL LAYOUT PLAN AREA 2 SCALE IN 020 20 4010 FEET NORTH 7TH AVENUE W SHORT STTYPICAL SOIL CELL LAYOUT AT TREE PLANTING PIT SOIL CELL LAYOUT PLAN 1" = 20' 2 L1.8 PLAN VIEW 2 L2.0 +/- 1,782 CF 2 COURSES PLAN AREAS 3 + 4 +/- 1,951 CF 2 COURSES +/- 784 CF 2 COURSES +/- 1,188 CF 3 COURSES +/- 728 CF 2 COURSES +/- 1,003 CF 3 COURSES W VILLARD STW BEALL STW BEALL ST+/- 2,760 CF 3 COURSES +/- 2,922 CF 2 COURSES +/- 2,498 CF 2 COURSES +/- 906 CF 2 COURSES +/- 993 CF 2 COURSES +/- 2,414 CF 2 COURSES MATCHLINE - SEE PLAN BELOWMATCHLINE - SEE PLAN ABOVEMATCHLINE - SEE PLAN AREA 1 SHEET L1.71 ADDENDUM #1 01/24/2020 EM +/- 667 CF 3 COURSES +/- 2,472 CF 3 COURSES B1 BULLETIN #1 05/29/2020 EM B2 B2 BULLETIN #2- W. VILLARD TREE/STRATAVAULT REMOVAL 09/18/2020 RS B2 B2 SD & VAULT CONFLICT VAULT CONFLICT SIDEWALK ADJUSTMENT AROUND (E) SIGN SPECIFIC LOCATIONS FOR TREES, STRATAVAULTS, AND BIKE RACK TO BE COORDINATED IN THE FIELD TO AVOID FIBER VAULT AND STROM DRAIN 209 memo TO: Ty Giffin, PE Treasure State Inc. FROM: Kevin Jacobsen, PE DATE: March 22, 2021 – updated April 21, 2021 JOB NO.: 0417.063 RE: N7th Avenue Streetscape – 2020 | Bulletin #3-updated CC: Urgent For Review Please Comment Please Reply For Your Use Attached please find attached Bulletin #3 which provides direction to you on several modifications that are being made to the construction plans as well as field modifications that have occurred on the project. Below is a generalized list of items that make up Bulletin #3. 1. Flowable Fill (Lean Mix Concrete) “X11” a. Backfill (80CY) around the Stratavaults on the curbside was allowed as an alternative to compacting native material in this narrow vertical area to simplify backfill. Areas allowed for reimbursement include six inches beyond the Stratavaults adjacent to the curb and on the sides to the front of the sidewalk, from the bottom of the Stratavault to top of the Stratavault. Any areas that were excavated beyond and filled with flowable fill are not eligible for reimbursement other than 40CY additional for fiber optic and other utility manipulation necessary to place Stratavault. This accounts for flowable fill for all areas as defined above. This includes flowable fill installed to date as well as future installation in areas yet to be constructed. Total 120CY @ $134/CY. 2. 403 and 404 N7th (Sheet RRFB, “VILLARD INTERSECTION RRFB LOCATIONS”) “X12” a. Modified West and north RRFB locations per conversations and meetings with City and State. 3. Traffic Control “X13” a. Contractor requested two additional months @ $17,000/month to close out the project. 4. 218 N7th (Sheet C2.2, “SE BEALL VERTICAL CURB REVISION”) “X14” a. Modified area between building and Beall intersection (SE quadrant) to accommodate temporary pole adjacent to ADA ramp, modify sidewalk vertical curb and asphalt in the area based on field conditions, and to provide a more functional and safer installation. 5. Added Concrete/Asphalt Removal and Disposal “X15” a. Mendenhall Street - Added removal and disposal of the sidewalk that was previously added through Bulletin #1 and Change Order #1 but not quantified. 210 N7th Avenue Streetscape – 2020 | Bulletin #3-updated Page 2 b. 403 N7th – Added removal and disposal of concrete to better tie-in into the driveway (north side). c. 311 N7th – Added removal and disposal of concrete found adjacent to Mattress King store (potentially old foundation). d. Villard Median – Added removal and disposal of asphalt at the turn lane. Three- inch depth was removed to allow for curbing and pavers. e. 425 N7th – Added removal and disposal of concrete found under asphalt. Seven- inch depth was removed over 830 SF (potential old building slab). f. Sign bases – Added removal and disposal of 13 total concrete sign bases found throughout project. Variable sizes, contractor provided documentation. g. 511 N7th - Added removal and disposal of concrete found under asphalt. Six-inch depth concrete under 1-inch asphalt was removed over 1,740 SF (excludes concrete sidewalk adjacent to N7th and west half of lot where no concrete was found). Due to thin asphalt layer, additional pay quantity thickness averaged to 4- inch depth. 6. Washed Rock (ASTM No.57) Backfill “X16” a. Backfill (80CY) around the Stratavaults on the sidewalk was allowed as an alternative to compacting native material in this narrow vertical area to simplify backfill. Areas allowed for reimbursement include six inches beyond the Stratavaults adjacent to the back of sidewalk and on the sides to the front of the sidewalk, from the bottom of the Stratavault to top of the Stratavault. Any areas that were excavated beyond and filled with washed rock are not eligible for reimbursement. This accounts for washed rock for all areas as defined above. This includes washed rock installed to date as well as future installation in areas yet to be constructed. Total 80CY @ $30/CY. 7. 3-Inch Temporary Concrete for Winter Shutdown “X17” a. Contractor placed temporary concrete at the SE corner of Beall Street as well as 4 other areas on east side of N7th in order to provide an ADA route throughout the winter. Total 220SF @ $9/SF. 8. Pedestrian Yield Sign Adjustment “X18” a. Contractor raised both yield signs (southbound) at Villard Street three feet in order to provide clear line of sight to the RRFB’s behind these signs. 9. 4-Inch Sleeve Bore Mendenhall “X19” a. Contractor installed SDR 13.5 sleeve from east side to west side of N7th at Mendenhall. Credit 130LF on Item 167 and new conduit 130LF @ $94/LF 10. Additional Bid Item Changes due to field modifications. a. Item 120: Alt – Exploration /Extra Work associated with Existing Utilities I. Contractor requested an additional 20 hours of time due to working around existing buried utility lines (mainly Fiber Optic lines but others as were encountered). b. Item 121: Reset Existing Street Sign, new Pole and Base I. The existing signpost and sign were removed at the SE corner of the Beall intersection as part of #1 on the first page of this bulletin. The sign was placed on the new luminaire. 211 N7th Avenue Streetscape – 2020 | Bulletin #3-updated Page 3 c. Item 125: Saw Cut Asphalt / Concrete I. Contractor requested an additional 206LF for the Villard median as this sawcut was not included in the bid quantity. II. Modified Pure Clean Tech (403 N 7th) driveway connection to better tie-in. Additional 20LF. III. Mendenhall Fiber additional sidewalk sawcut (+10LF) as detailed in Bulletin #1. IV. SE Beall Revision (+10 LF). d. Item 126: Excavation I. Contractor requested 57CY for additional subex associated with hardscape approval. II. Requested the contractor subex (+4CY) around the Villard median manhole to help prevent settlement around manhole. III. Credit (-6.1CY) for Domino’s Stratavault reductions. IV. Credit (-15.3CY) for Taco John’s Stratavault reductions. I. Credit (-5.6CY) for Rikki’s Stratavault reductions. II. Credit (-4.5CY) for Royal 7 Stratavault reductions. e. Item 131: 1-1/2” Minus Crushed Base Course I. Requested the contractor install base course (+4CY) around the Villard median manhole to help prevent settlement around manhole. II. Contractor requested 10CY to fill in the old concrete foundation removed in front of Mattress King. f. Item 132: 3” Minus Crushed Gravel I. Contractor requested 56.5CY for additional 3” minus associated with soft soils that were removed (Lamme and Glass Doctor). II. Credit (-0.50CY) for 119 N7th divider field modifications. g. Item 133: 6” Thick Reinforced Concrete I. Contractor requested 27SF for additional concrete associated with sidewalk in front of Insurance Unlimited (removed to access existing light pole). II. Added (+12SF) for 119 N7th divider field modifications. III. Contractor requested 110SF for additional associated with X12. IV. Contractor requested 20SF for additional at the Beall intersection. h. Item 138: Vertical Curb I. Added 36F for the 119 N7th lane divider. II. Credit (-22LF) for SE Beall Vertical Curb i. Item 143: Asphalt I. Contractor requested 52SF additional for modifying the grades and limits behind the sidewalk. II. Contractor requested 298SF for the Villard median asphalt. III. Contractor requested 282 SF for additional at SE Beall. IV. Credit (-60SF) for SE Beall Vertical Curb j. Item 148: Relocate Business Sign – Dairy Queen I. Existing sign, as shown on the plans, had been relocated by others prior to construction. Remove LS item (-1EA). 212 N7th Avenue Streetscape – 2020 | Bulletin #3-updated Page 4 k. Item 155: 24” White Thermoplastic Pavement Marking I. Contractor requested 30LF additional that was called for epoxy in the plans and/or added to the plans at the Villard intersection. l. Item 156: White Thermoplastic Words and Symbols I. Contractor requested 80SF additional that was called for epoxy in the plans and/or added to the plans at the Villard intersection. m. Item 158: Yellow Epoxy Pavement Markings I. Contractor requested 1.0 gallons for additional curb painting. n. Item 167: Install Fiber Conduit I. Credit (-130LF) for the 4-Inch Sleeve Bore (see X19). o. Item 201: Permeable Pavers I. Credit (-12.5SF) for 119 N7th divider field modifications. II. Credit (-68SF) for reductions in pavers throughout project. p. Item 204: Permeable Setting Bed and Joint Opening Aggregate (ASTM No.8) I. Credit (-0.1CY) for 119 N 7th lane divider. II. Credit (-0.5CY) as noted on Contractor’s spreadsheet. q. Item 205: Permeable Base Aggregate (No. 57) I. Credit (-0.7CY) for Domino’s Stratavault reductions. II. Credit (-1.7CY) for Taco John’s Stratavault reductions. III. Credit (-0.9CY) for Rikki’s Stratavault reductions. IV. Credit (-0.7CY) for Royal 7 Stratavault reductions. r. Item 207: Planting Soil Including Amendments I. Credit (-5.4CY) for Domino’s Stratavault reductions. II. Credit (-13.6CY) for Taco John’s Stratavault reductions. III. Credit (-4.7CY) for Rikki’s Stratavault reductions. IV. Credit (-3.8CY) for Royal 7 Stratavault reductions. s. Item 215: Soil Cells I. Credit (-5.4CY) for Domino’s Stratavault reductions. II. Credit (-13.6CY) for Taco John’s Stratavault reductions. III. Credit (-4.7CY) for Rikki’s Stratavault reductions. IV. Credit (-3.8CY) for Royal 7 Stratavault reductions. t. Item 216: Filter Grid (Soil Cell Wrap) I. Credit (-4.0SY) for Domino’s Stratavault reductions. II. Credit (-10.0SY) for Taco John’s Stratavault reductions. III. Credit (-5.2SY) for Rikki’s Stratavault reductions. IV. Credit (-4.2SY) for Royal 7 Stratavault reductions. u. Item X2: Item 213 (Irrigation Modification) V.2. I. Credit (-$325.96) Per Bulletin #2 although credit was not known then. v. Item X3: Geotextile – 600x I. Contractor requested additional 170SY geotextile for soft subgrade areas throughout the project. 213 N7th Avenue Streetscape – 2020 | Bulletin #3-updated Page 5 If you have any questions, please let me know. Attachments Thanks, Kevin 214 Item # Description Change Unit Cost Total 120 Alternate - Exploration / Extra Work associated with Existing Utilities 20 HR $600.00 $12,000.00 121 Reset Existing Street Sign, New Pole and Base 1 EA $550.00 $550.00 125 Saw Cut Asphalt / Concrete 246 LF $4.00 $984.00 126 Excavation 25.5 CY $39.25 $1,000.88 131 1-1/2" Minus Crushed Base Course 14 CY $50.00 $700.00 132 3" Minus Crushed Gravel 56 CY $49.00 $2,744.00 133 6" Thick Concrete 169 SF $9.00 $1,521.00 138 Vertical Curb 14 LF $40.00 $560.00 143 Asphalt 572 SF $3.50 $2,002.00 148 Relocate Business Sign - Dairy Queen -1 EA $17,500.00 -$17,500.00 155 24" White Thermoplastic Pavement Marking 30 LF $52.50 $1,575.00 156 White Thermoplastic Words and Symbols 80 SF $52.00 $4,160.00 158 Yellow Epoxy Pavement Markings (Includes non-slip stair paint) 1 GAL $550.00 $550.00 167 Install Fiber Conduit -130 LF $28.00 -$3,640.00 201 Permeable Pavers -80.5 SF $31.75 -$2,555.88 204 Permeable Setting Bed (ASTM No. 8)-0.6 CY $42.00 -$25.20 205 Permeable Base Aggregate (No. 57)-3.9 SF $30.00 -$117.00 207 Planting Soil Including Amendments -27.5 SF $59.75 -$1,643.13 215 Soil Cells -27.5 SF $356.75 -$9,810.63 216 Filter Grid (Soil Cell Wrap)-23.4 SY $6.25 -$146.25 X2 Item 213 (Irrigation Modification) V.2 1 LS -$325.96 -$325.96 X3 Geotextile Fabric - 600x (V.2)170 SY $2.00 $340.00 X8 New Delineator - MDT Standard Yellow (includes 9"x9"x4" conc. Pad) 4 EA $200.00 $800.00 X9 Reset Existing Delineator - MDT Standard Yellow (includes 9"x9"x4" conc. Pad)6 EA $200.00 $1,200.00 X10 Landscaping, Irrigation, Etc. - Speedy Lube 1 LS $4,550.00 $4,550.00 X11 Flowable Fill - Curbside Backfill 120 CY $134.00 $16,080.00 X12 New RRFB Locations, includes sawcutting & demo 1 LS $5,636.00 $5,636.00 X13 Traffic Control - per month 2 EA $17,000.00 $34,000.00 X14 Vertical curb - variable height sim to Detail 5 D1.1 26.5 LF $65.00 $1,722.50 X15 Item 123 (Remove/Dispose Asphalt/Concrete) 1 LS $35,120.40 $35,120.40 X16 Washed Rock - Sidewalk Side Backfill (ASTM No. 57)80 CY $30.00 $2,400.00 X17 3-inch temp. concrete - includes removal / disposal at later date 220 SF $9.00 $1,980.00 X18 Pedestrain Yield Sign Adjustment (2ea)1 LS $300.00 $300.00 X19 4-Inch Sleeve Bore Mendenhall and Pull Owner Provided Conduit 130 LF $94.00 $12,220.00 $108,931.74 (SE Beall) 6 total tons with 1 credit ton = 5 tons @ $168/TN. (Mendenhall) 3 total tons @ $168/TN. (Pure Clean) 3 total tons @ $168/TN. (Mattress King) 20.25 total tons @ $168/TN. (Villard Median) 31.5 total tons @ $168/TN. (Carquest) 36.1 total tons @ $168/TN. (Sign Bases) 65.7 total tons @ $168/TN. (Rikkis) 40.6 total tons @ $168/TN. X10: Per Bulletin #2 Sheet C1.5. X14: Per Bulletin #3: Includes changes to items 121, 125, 126, 131, 132, 133, 138, 143, 158 and X15. X12: Per Bulletin #3. New RRFB Locations. Includes Sawcutting and Demolition. Includes changes to items 133, 201, and 204 above. X13: Per Bulletin #3. X11: Per Bulletin #3. N. 7th Streetscape Improvements - 2020 Change in Quantities Associated with Bulletin #3-updated 04-21-2021 (net increase / decrease from bid quantities) X8: Per Bulletin #2: New Delineator - MDT Standard Yellow (includes 9"x 9"x4" concrete pad) X9: Per Bulletin #2: Reset Existing Delineator (includes 9"x 9"x4" concrete pad) X19: Per Bulletin #3: X17: Per Bulletin #3: X18: Per Bulletin #3: X16: Per Bulletin #3: X15: Per Bulletin #3: The LS bid item #123 price change based on Bulletin #3, see below: 215 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Resolution 5309, Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2021 General Election MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5309, Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2021 General Election. 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 2021 municipal election includes the election of a Mayor, two Commissioners, the unexpired term of a Commissioner, a City Judge, and potentially three ballot questions. Candidate filing opened April 22, 2021 and runs through June 21, 2021. The City Commission has historically in recent elections paid return postage for the municipal election. The indication is that the Gallatin County will not have a ballot issue and therefore, full costs for this election will be the responsibility of the City of Bozeman. City Manager's Recommendation: The City Manager recommends holding a mail ballot election with return postage paid. Primary Election: According to Casey Hayes, Gallatin County Election Manager, a primary election will occur if there are four candidates in two contests, or five candidates in any contest. If this occurs, the primary election will be held September 14, 2021; the City will know by 5:00 PM on July 1, 2021 if a primary election is necessary. General Election: The general election will be held on November 2, 2021. Mail Ballot Elections In a mail ballot election, only active registered voters are mailed a ballot. This is according to Section 13-19-207, Montana Code Annotated. 13-19-207. When materials to be mailed. (1) Except as provided in 13-13- 205(2) and subsection (2) of this section, for any election conducted by mail, 216 ballots must be mailed no sooner than the 20th day and no later than the 15th day before election day. (2) (a) All ballots mailed to electors on the active list and the provisionally registered list must be mailed the same day. (b) At any time before noon on the day before election day, a ballot may be mailed or, on request, provided in person at the election administrator's office to: (i) an elector on the inactive list after the elector reactivates the elector's registration as provided in 13-2-222; or (ii) an individual who registers under the late registration option provided for in 13-2-304. (c) An elector on the inactive list shall vote at the election administrator's office on election day if the elector reactivates the elector's registration after noon on the day before election day. (d) An elector who registers pursuant to 13-2-304 on election day or on the day before election day must receive the ballot and vote it at the election administrator's office. At this time there are 35,600 active voters. Based on $.606 per piece of potential return postage cost, per the Gallatin County Election Department potential return postage costs are as follows: In the last decade, return rates for Bozeman Municipal Elections have averaged 40%. For 35,600 active voters this would amount to 14,240 returned ballots. At $.606 per piece, this cost would amount to approximately $8,630. In 2019, the costs for election were split 50% with Gallatin County. Using those numbers, the Gallatin County Election Department has provided the estimated anticipated costs for the Municipal Election as follows: Ballots = $10,000 Advertising = $2,200 Postage = $18,000 Outbound = $3,400 Return = $8,600 Undeliverable = $6,000 Mailing = $6,000 Materials = $20,000 Personnel $16,500 Based on these anticipated costs, the total cost of the Municipal Election will be approximately $72,700. If a primary election is required, these costs will increase. Polling Place Elections A polling place election is approximately twice as costly as a mail ballot. The number of ballots the County Election Department uses for a polling place election is larger than a mail ballot election. All the annual absentee voters are mailed a ballot but a larger number has to be used for a base to figure 217 the number of ballots to be printed since there is no way to know how many voters will show up at the polls. In addition, the setup charges for a polling place election are higher. Summary If the City Commission opts to move forward with a mail ballot election for 2021, the City Clerk must submit a Resolution to the Gallatin County Election Department no later than June 21, 2021. UNRESOLVED ISSUES:The City must make its determination prior to knowing whether a primary election is required. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The City Manager's Recommended Budget contains $75,000 for the conduct of the Municipal Election. Attachments: Resolution 5309 Notifying the Election Administrator of Mail Ballot and Return Postage.docx Report compiled on: May 10, 2021 218 Version April 2020 RESOLUTION 5309 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NOTIFYING THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE CITY’S DESIRE TO CONDUCT THE 2021 CITY PRIMARY (IF HELD) AND THE 2021 GENERAL ELECTIONS BY MAIL BALLOT IN ACCORDANCE WITH SECTION 13-19-202, MONTANA CODE ANNOTATED, AND NOTIFICATION OF THE CITY’S COMMITMENT TO FUND THE RETURN POSTAGE COSTS WHEREAS,voter turnout in Bozeman’s municipal elections has historically been low; and WHEREAS,Montana law provides a method for conducting mail ballot elections for local elections; and WHEREAS,mail ballot elections statistically increase voter turnout in elections; and WHEREAS,the City of Bozeman conducted the 2019 general election by mail ballot with a return rate of 40.02% with the City paying for return postage paid; and WHEREAS,the costs of conducting a mail ballot election are less than the costs of conducting a polling place election; and WHEREAS,mail ballot elections tend to increase voter participation, remove barriers that keep people from getting to the polls, gives people more time to study candidates and issues, and has built-in safeguards that increase the integrity of the election process; and WHEREAS,the City may hold a primary election on September 14, 2021 as required by 13-1-107(2) MCA; and WHEREAS, Section 13-14-115(2), MCA, provides: (2) (a) Except as provided in subsection (2)(b), the election administrator of a political subdivision may determine that a local nonpartisan portion of a primary election need not be held if: 219 Version April 2020 (i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and (ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot. (b) The election administrator may determine that a primary election for a nonpartisan county office need not be held if fewer than three candidates have filed for that office. (c) If the election administrator determines that a primary election must be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office. (d)If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office.; and WHEREAS, Section 13-14-115(3), MCA, states a governing body may require that a primary election be held if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held for that office; and WHEREAS,the City of Bozeman will hold a general election on November 2, 2021, as required by 13-1-104(3), MCA; and WHEREAS,pursuant to Section 13-19-104, MCA, such elections can be conducted by a mail ballot election, and the Gallatin County Election Administrator has determined that a mail ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA, is in the best interests of the City and the electors thereof, and pursuant to Section 13-19- 202, MCA, the City of Bozeman may notify the Gallatin County Election Administrator of its intent to conduct a mail ballot election; and WHEREAS,the Election Administrator shall prepare a written plan, including a timetable, for the conduct of the elections and shall submit it to the Secretary of State at least 60 days prior to the date set for the election in accordance with 13-19-205, MCA; and WHEREAS,an official ballot will be mailed to every qualified elector of the City of Bozeman, with the goal increasing voter participation in the municipal elections for 2021; and WHEREAS,the City Commission has committed to funding the return postage costs on returned ballots; and WHEREAS,the Office of the County Election Administrator will serve as the place of deposit for ballots within the city limits. Electors who wish to mark their ballot in-person may do 220 Version April 2020 so at the Office of the County Election Administrator and deposit their ballot with the election officials at that location; and WHEREAS,the Election Administrator will have an ADA accessible voter interface device available for disabled electors to mark their ballot independently, privately, and securely at the Office of the County Election Administrator; and WHEREAS,for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before Election Day and all ballots must be mailed the same day in accordance with 13-19-207, MCA; and WHEREAS,the City of Bozeman desires to reduce barriers for qualified electors in the election process to as few barriers as possible. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, notifies the Gallatin County Election Administrator of the City’s desire to conduct the 2021 city primary (if held) and the 2021 general election by mail ballot in accordance with Section 13-19-202, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby notifies the Gallatin County Election Administrator that ballots should be mailed fifteen (15) days before the election; and BE IT FURTHER RESOLVED THAT except as provided in Section 13-19-204, MCA, the decision to conduct an election under the provisions of Section 13-19-202, MCA, is within the sole discretion of the Election Administrator; and BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to forward a certified copy of this resolution to the Gallatin County Election Administrator in accordance with the provisions of Section 13-19-202, MCA; and BE IT FURTHER RESOLVED THAT within five (5) days of receiving this request, the Election Administrator shall respond to the Bozeman City Clerk in writing stating that this request is either granted or denied for reasons specified. If granted, the Election Administrator shall prepare a plan as provided in Section 13-19-205, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby informs the Gallatin County Election Administrator that the City will be providing for funding of return postage. 221 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of May, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 222 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Ordinance 2075, Final Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2075 to rezone 6.99 acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District. 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 applicant submitted application 20389 to rezone a portion of an existing lot from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density). The parent tract encompasses 20 acres with 6.99 acres proposed to be rezoned. The boundary of the area to be rezoned is based on the centerline of the internal streets from the Nexus Point Master Site Plan (MSP), application 19-263 for a residential and office complex. The Nexus Point MSP was approved in October 2020. The first phase (application 19-262) of the MSP was reviewed and approved concurrently with the MSP and is now under construction. City staff and the Zoning Commission recommended approval of the application. On February 23, 2021, the City Commission held a public hearing and voted unanimously to apply a R-5 zoning designation to the subject property, subject to contingencies. All contingencies have been met by the applicant, including a map, and legal description. UNRESOLVED ISSUES:None. ALTERNATIVES:Adoption of Ordinance 2075 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. 223 FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf Report compiled on: April 22, 2021 224 Page 1 of 5 ORDINANCE NO. 2075 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 6.99 ACRES FROM R-O, RESIDENTIAL OFFICE DISTRICT TO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE NEXUS POINT 2021 ZONE MAP AMENDMENT, APPLICATION 20389. 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, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone 6.99 acres from R-O (Residential Office District) to R-5 (Residential Mixed-Use High Density District) 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 225 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20389 the Nexus Point 2021 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 23, 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 R-5, Residential Mixed-Use High Density District: An area of land comprised described as follows: All that certain portion of Lot 1 of the Amended Plat of Lot 1 of Minor Subdivision No. 235 (Plat reference 235B) located in the Northeast Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described below: Beginning at the Northwest corner of Lot 1 of the Amended Plat of Lot 1 of Minor Subdivision No. 235 (Plat reference 235B), thence along the south line of Lot 5A of the Amended Plat of Lot 5 and Lot 6, Genesis Business Park Subdivision South 89°31'03" East, a distance of 37.01 feet to the centerline of Arnold Street; thence along said centerline the three (3) following courses; 1) South 34°49'35" East, a distance of 208.93 feet; 2) along a curve turning to the left with an arc length of 143.28', with a radius of 150.00', with a chord bearing of South 62°11'26" East, with a chord length of 137.89', with a delta angle of 54°43'43"; 3) South 89°33'18" East, a distance of 280.12 feet to the centerline of South 21st Avenue; thence along said centerline the four (4) following courses; 1) South 00°06'14" West, a distance of 229.44 feet; 2) thence along a curve turning to the left with an arc length of 91.81', with a radius of 150.00', with a chord bearing of South 17°25'48" East, with a chord length of 90.38', with a delta angle of 35°04'06"; 3) thence with a reverse curve turning to the right with an arc length of 93.84', 226 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 3 of 5 with a radius of 150.00', with a chord bearing of South 17°02'33" East, with a chord length of 92.32', with a delta angle of 35°50'37"; 4) thence South 00°14'12" East, a distance of 73.91 feet to a point on the North line of Lot 2 of Minor Subdivision No. 235; thence along said line South 89°49'56" West, a distance of 609.26 feet to a point on the East line of Meadow Creek Subdivision, Phase 1; thence along the East line of said subdivision and lot 27 of the Genesis Business Park Subdivision, respectively, North 00°15'09" West, a distance of 717.96 feet to the Point of Beginning. Containing in area 304,798 square feet (6.997 acres). Subject to existing easements. All as depicted on the NEXUS POINT 2021 Zone Map. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. 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. 227 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 4 of 5 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 ____ day of ____________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk 228 Ordinance 2075, Nexus Point 2021 Zone Map Amendment Page 5 of 5 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 __________ day of____________________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 229 230 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:City Manager Recommended FY22 Budget- Enterprise and Internal Service Funds' Highlights MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to staff presentations, ask questions, give direction as you see fit. 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: Internal Service Funds are used to account for the financing of goods or services provided by one department to other departments on a cost- reimbursement basis. The City has three Internal Services, fund 750- Public Works Administration allocates the Public Works Administration, GIS, and Engineering to the enterprise funds. Fund 710 - Vehicle Maintenance accounts for the maintenance and repair of vehicles used in operation of City services. Medical Health Insurance Fund 720 Accounts for insurance premiums received from the various City employees and retirees, and the related costs of health and dental premiums paid to the City’s insurance provider. The summary for these funds can be found on page 58 of the FY22 City Manager Recommended Budget. We will be highlighting fund 750- Public Works Administration, this includes the divisions Public Works Admin, Engineering and GIS/ Asset Management. The details for these departments can be found on pages 106-112. Enterprise Funds are used to account for efforts that are financed and operated in a manner similar to private business enterprises--where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. The Summary of these funds can be found on pages 51-57 of the FY22 City manager Recommended Budget. Tonight we are highlighting the following groupings and divisions funded 231 through these funds (budget book page references for the division details): Water funds Water Operations (pg 125) , Water Treatment Plant (pg 127) and Water Conservation (pg 129) Wastewater funds Wastewater Operations (pg 121) and Water Reclamation Facility (pg 123) Stormwater Fund Stormwwater (pg 115) Solid Waste Funds Solid Waste (pg 113) Parking Fund Parking (pg 101) The budget can be found on the City's website at: FY22 City Manager Recommended Budget A copy is also available at the City Clerk's Office and the Library. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Although the Final Budget adoption has far-reaching fiscal effects, there are no immediate fiscal effects as a result of this work session. The funds discussed tonight have proposed budgets with changes in rates and fees that will affect all property owners and system users. Report compiled on: May 13, 2021 232 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution 5303 Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse or Finance Eligible Costs Thereof; Approving a Related Development Agreement; and Making a Reimbursement Declaration MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to adopt Resolution 5303 Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal 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:See attached Commission Memorandum. UNRESOLVED ISSUES:See attached Commission Memorandum. ALTERNATIVES:At the suggestion of the City Commission. FISCAL EFFECTS:See attached Commission Memorandum. Attachments: Commission Memorandum for Resolution 5303 9TEN.docx Resolution 5303 approving 9TEN project.docx BZN Development Agreement -- 9TEN.v5.docx Midtown URD Board Staff Report and Supporting Material 20210401.pdf Report compiled on: May 17, 2021 233 Commission Memorandum REPORT TO:Honorable Mayor and City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Public Hearing for Resolution 5303 – A Resolution Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse or Finance Eligible Costs Thereof; Approving a Related Development Agreement; and Making a Reimbursement Declaration MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Action RECOMMENDATION: Adopt Resolution 5303 RECOMMENDED MOTION: Incorporating the information and findings in the April 1, 2021 staff report to the Midtown Urban Renewal Board, the staff memorandum to the City Commission, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5303. BACKGROUND: The Bozeman City Commission created the Midtown Tax Increment Financing (TIF) Assistance Program (the “Program”) in 2017 to support redevelopment activity in the District and advance the goals of the 2015 Midtown Urban Renewal Plan. The 234 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. The attached Staff Report to the Midtown Urban Renewal Board (“Board”) contains significant detail about this project and the proposed incentive. Please refer to the Staff Report for this detail. The Applicant for the 9TEN Project, Good Housing Partnership, LLC, submitted an application for TIF Assistance under the Program. The 9TEN Project includes approximately 100 units of housing to be sold as condominiums and 2,500 SF of ground floor commercial space fronting Aspen St. and N. 8th Ave. Ninety (90) units of the Project will be priced as workforce housing at initial sale, with twenty-one (21) of these units restricted for permanent affordability. Housing Units Affordability 80% AMI 21 Permanent 120% AMI 69 At initial sale Market Rate 10 approximately Market rate The Project adds significant workforce housing to the District at prices below much of what is expected in our current conduit of new housing supply. Twenty-one (21) units will be restricted with sales prices at 80% of AMI (the “Class I Affordable Units”), and sixty-nine (69) units will be restricted with sales prices at 120% of AMI (the “Class II Affordable Units”). The Class I Affordable Units will be permanently deed restricted for use as housing affordable for households with incomes at 80% of AMI. The Developer will market all of the Class I and II Affordable Units first through community housing partners, at prices affordable to individuals and families with incomes in the 80% to 120% AMI range. The Developer will also implement additional restrictions on the use and sale of the Class II Affordable Units to maximize the benefits to owner occupied housing and dis-incentivize immediate resales of Class II Affordable Units, including a prohibition on use of the Class II Affordable Units as short-term rentals (less than 28 days); the Developer, at its discretion, may include a provision that if a Class II Affordable Unit is sold for a profit within 5 years of the initial sale of such Affordable Unit, the Developer is entitled to fifty percent (50%) of the net sale profit. This provision is intended to discourage speculative resale of affordable units. Beyond the 90 affordable units, additional units may be sold at market value without any restrictions. The Board considered the application at their regular meeting on April 1, 2021, voted unanimously to direct Economic Development staff to negotiate a development agreement with the Applicant and recommended an incentive award under the Program 235 to cover the eligible costs of the project, not-to-exceed $2,168,312. The proposed Development Agreement allows for reimbursement of actual invoiced eligible costs up to the not-to-exceed amount of $2,168,312. The Developer modified the project since it was reviewed in the April 1, 2021 Staff Report to the Midtown Urban Renewal Board. The project now may include additional units of housing that are not restricted for affordability beyond the 90 affordable units. Sixty-nine (69) units were initially analyzed at 110% AMI affordability threshold. The Developer now expects these units may be sold at an affordability threshold of up to 120% AMI. Resolution 5303 designates the 9TEN Project as an Urban Renewal Project and authorizes the City Manager to sign the proposed Development Agreement. The Resolution approves using tax increment revenues or proceeds of tax increment revenue bonds to pay or reimburse Good Housing Partnership, LLC, as the developer of the project for certain eligible costs of associated public infrastructure. These public infrastructure costs are detailed in Exhibit “C” of the Development Agreement. Pursuant to the proposed Development Agreement, the City would agree to reimburse the Developer for the cost of public infrastructure only after the project receives a Certificate of Occupancy showing its completion. UNRESOLVED ISSUES: The Developer is still configuring the unit layout on the project, and, therefore, the number of unrestricted units is approximate at this time. REQUIRED FINDINGS: The Montana Urban Renewal Law requires, as a criterion for approval of an urban renewal project, that the City Commission make the following findings. Rationale related to these findings can be found on page 8 of the Staff Report to the Midtown Urban Renewal Board. These findings are included in Resolution 5303 in Section 3. a.A workable and feasible plan exists for making available adequate housing for the persons who will be displaced from their housing by the Project; b.The Plan and the Project conform to the Bozeman Community Plan or parts thereof for the City as a whole; 236 c.The Plan and the Project will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d.Taking into account the use of tax increment revenues or the proceeds of tax increment revenue bonds to pay or reimburse the Developer for all or a portion of the Eligible Costs, there is expected to be a sound and adequate financial program for the financing of the Project; and e.The Project constitutes an urban renewal project within the meaning of the Act and the Plan. The attached Staff Report includes a detailed analysis of the Midtown TIF Assistance Application for the 9TEN Project. FISCAL EFFECTS: The Development Agreement stipulates that the City will reimburse the Developer for Eligible Costs not-to-exceed $2,168,312. It is very likely that bonds issued against the revenues of the Midtown Urban Renewal District will be necessary to meet the financial commitments in the Development Agreement. Some risk related to interest rates in 18-24 months should be expected, but this amount is well within the bonding capacity of the District. Leland Consulting Group (LCG)/ GEL Oregon completed a financial analysis of the project to help staff evaluate the application for creation of new taxable value. Their report analyzed return on investment (ROI), estimated payback period for the public assistance and proposed target metrics for the ratio of private investment to public assistance. LGC bases their analysis on awarding the applicant’s full assistance request. LCG recommends a ratio of private investment to public assistance of 10:1 or greater for multi-family projects; the ratio for this project is greater than 11.37:1. LCG also created a tax generation model for the Midtown URD. According to their model, the project would produce net new annual taxes of $204,727, which would allow TIF assistance to be paid back in 18.24 years (assumes a 5% interest rate on the advanced amount) for new increment-based payback if assistance is provided at the staff recommended amount. Without accounting for the cost of capital, payback on the project would take 10.6 years. 237 RESOLUTION NO. 5303 RESOLUTION APPROVING A PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT, KNOWN AS THE 9TEN PROJECT,AS AN URBAN RENEWAL PROJECT; MAKING FINDINGS WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE COSTS THEREOF; APPROVING A RELATED DEVELOPMENT AGREEMENT; AND MAKING A REIMBURSEMENT DECLARATION BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Recitals. 1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects undertaken within the urban renewal area to pay eligible costs. 1.02. Pursuant to the Act and Ordinance No. 1685 adopted by the City Commission of the City (the “City Commission”) on November 27, 2006, as amended by Ordinance No. 1925, adopted by the City Commission on December 16, 2015 (collectively, the “Ordinance”), the City has created the Bozeman Midtown Urban Renewal District (the “District”) as an urban renewal district and has approved the Bozeman Midtown Urban Renewal Plan (the “Plan”) as an urban 238 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project 2 renewal plan in accordance with the Act, which Plan provides for the segregation and collection of tax increment revenues with respect to the District. 1.03. On May 4, 2021, the Commission adopted Resolution 5302, calling a public hearing to approve a mixed-use development to be known as 9TEN, consisting of approximately 100 residential condominium units (with 90 of the units expected to be subject to certain affordability covenants), tenant amenities and commercial space; onsite parking; public improvements including curb, gutter and sidewalk improvements, water and sewer line extensions, and storm sewer infrastructure; and related improvements (collectively, the “Project”), as an urban renewal project under the Act and the Plan and to approve using tax increment revenues or proceeds of tax increment revenue bonds to pay or reimburse Good Housing Partnership LLC, as the developer of the Project (the “Developer”) for certain eligible costs thereof, including public improvements including curb, gutter and sidewalk improvements, water and sewer line extensions, and storm sewer infrastructure, as well as impact fees, cash in lieu of park land and fees and charges related to installing fiber optic cable (the “Eligible Costs”). 1.04. On May 25, 2021, a duly noticed public hearing was held on the question of approving the Project as an urban renewal project and the use of tax increment revenues or proceeds of tax increment bonds to pay or reimburse the Developer for Eligible Costs and all persons appearing were given an opportunity to speak at the public hearing. Section 2 Approval of the Project as an Urban Renewal Project. The Commission hereby approves the Project as an urban renewal project under the Act and the Plan. The Project, including the Eligible Costs, is contemplated by and within the scope of the Plan, and the Eligible Costs are eligible for tax increment financing under the Act. 239 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project 3 Section 3 Findings. The Commission hereby finds with respect to the Project as follows: a.no persons will be displaced from their housing by the Project; b.the Plan and the Project conform to the Bozeman Community Plan or parts thereof for the City as a whole; c.the Plan and the Project will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d.taking into account the use of tax increment revenues or the proceeds of tax increment revenue bonds to pay or reimburse the Developer for all or a portion of the Eligible Costs, there is expected to be a sound and adequate financial program for the financing of the Project; and e.the Project constitutes an urban renewal project within the meaning of the Act and the Plan. Section 4 Development Agreement; Use of Tax Increment. 4.01. The Midtown Urban Renewal Board (the “Board”) and the Developer have negotiated a Development Agreement, the form of which is attached hereto as Exhibit A. The Development Agreement is hereby approved in substantially the form attached. The City Manager, or in the event of his absence or disability, his designee, is hereby authorized and directed to finalize, approve, execute and deliver to the Developer the Development Agreement, substantially in the form attached as Exhibit A, with such changes as such officer shall deem necessary or appropriate. The execution and delivery by an appropriate officer of the City of the 240 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project 4 Development Agreement shall be conclusive as to the approval of such officer of the terms of the Development Agreement. 4.02. The Commission hereby approves the use of tax increment revenues or proceeds of tax increment bonds to pay or reimburse the Developer for Eligible Costs of the Project, subject to the terms and conditions of the Development Agreement. No further Commission action shall be required if the City’s obligations under the Development Agreement are to be paid or satisfied with tax increment revenues then on hand and available therefor. If the City’s obligations under the Development Agreement are to be financed with proceeds of tax increment revenue bonds, the forms of such bonds and the terms and conditions thereof shall be prescribed by a subsequent resolution or resolutions to be adopted by this Commission. Section 5 Reimbursement. 5.01. The City may issue tax-exempt bonds in one or more series (the “Bonds”) to finance all or a portion of the Eligible Costs and pay costs associated with the financing. The United States Department of Treasury has promulgated regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 241 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project 5 5.02. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Eligible Costs of the Project have been paid by the City before the date 60 days before the date of adoption of this Resolution. 5.03. The City reasonably expects that it may reimburse the expenditures made for Eligible Costs of the Project out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $2,200,000 after the date of payment of all or a portion of the Eligible Costs of the Project. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 5.04. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project, other than pursuant to the issuance of the Bonds. The statement of intent contained in this Resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 5.05. The City’s Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the bonds to reimburse the source of temporary financing used by the City to make prior payment of the Eligible Costs of the Project. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Project and shall specifically identify the actual original expenditure being reimbursed. 242 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project 6 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of May, 2021. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 243 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. ____ entitled: “RESOLUTION APPROVING A PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT; MAKING FINDINGS WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE COSTS THEREOF; APPROVING A RELATED DEVELOPMENT AGREEMENT; AND MAKING A REIMBURSEMENT DECLARATION” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on May 25, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commission members voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand and seal officially this 25th day of May, 2021. (SEAL) __________________________________ MIKE MAAS City Clerk 244 Resolution 5303, Approving a Project in the Midtown URD Known as the 9TEN Project A-1 EXHIBIT A [Form of Development Agreement] 245 DEVELOPMENT AGREEMENT (9TEN Project) This DEVELOPMENT AGREEMENT (this “Agreement”) is dated as of [______________], 2021 by and between Good Housing Partnership LLC, and its permitted successors and assigns (collectively, the “Developer”), and the CITY OF BOZEMAN, MONTANA, 121 N. Rouse Ave., Bozeman, Montana 59771 (the “City”). The Developer and the City are each individually referred to herein as a “Party” and collectively as the “Parties.” RECITALS: WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects undertaken within the urban renewal area to pay eligible costs; WHEREAS, pursuant to the Act and Ordinance No. 1685 adopted by the City Commission of the City (the “City Commission”) on November 27, 2006, as amended by Ordinance No. 1925, adopted by the City Commission on December 16, 2015 (collectively, the “Ordinance”), the City has created the Bozeman Midtown Urban Renewal District (the “District”) as an urban renewal district and has approved the Bozeman Midtown Urban Renewal Plan (the “Plan”) as an urban renewal plan in accordance with the Act, which Plan provides for the segregation and collection of tax increment revenues with respect to the District; WHEREAS, the Developer proposes to undertake the construction of a mixed use development consisting of approximately one hundred (100) residential condominium units (with ninety (90) of the residential units to be subject to the Affordability Covenants, as defined herein), tenant amenities and commercial space; onsite parking; public improvements including curb, gutter and sidewalk improvements, water and sewer line extensions, storm sewer infrastructure; and related improvements (the “Project”), on land located in the District at 802— 910 North 8th Avenue, which is legally described on Exhibit B hereto (the “Land”); WHEREAS, the Developer submitted to the Midtown Urban Renewal Board of the City (the “Board”) an application for tax increment assistance with respect to certain eligible costs of the Project; WHEREAS, by resolution adopted on _________, 20__, the Board approved and recommended that the City Commission approve, subject to the terms and conditions of this Agreement, the application of tax increment assistance in the amount of $2,168,312; and WHEREAS, pursuant to Resolution No. 5303 adopted on [______________], 2021, after a duly called and noticed public hearing, the City Commission approved the Project as an urban renewal project under the Plan and the Act and authorized the use of tax increment revenue of the District to reimburse the Developer for certain eligible costs of the Project described more particularly on Exhibit C hereto (the “Eligible Costs”) in the maximum amount of $2,168,312, subject to the terms and conditions of this Agreement; and 246 2 WHEREAS, certain of the Eligible Costs are costs paid by the Developer in connection with the design, engineering, work, construction, materials, equipment, and other improvements eligible to be reimbursed by Tax Increment, which improvements are identified as such on Exhibit C hereto (the “Infrastructure Improvements”), and certain of the Eligible Costs are costs to be paid by the Developer as fees or charges pertaining to the Project, which fees and charges are identified as such on Exhibit C hereto (the “Project Fees and Charges”); and WHEREAS, the City Commission may determine in its sole discretion to issue tax increment urban renewal revenue bonds in one or more series (the “Bonds”) to finance all or a portion of the Eligible Costs to be reimbursed to the Developer in the maximum amount of $2,168,312 and pay associated costs of the financing; and WHEREAS, the Parties desire to enter into this Agreement which sets forth the obligations and commitments of the Parties with respect to the Project, including the Eligible Costs consisting of the costs of the Infrastructure Improvements and of the Project Fees and Charges. NOW, THEREFORE, the City and the Developer, pursuant to the Act, each in consideration of the representations, covenants and agreements of the other, as set forth herein, mutually represent, covenant and agree as follows: Section 1.Definitions; Rules of Interpretation; Exhibits. 1.1.Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context clearly requires otherwise, the following terms have the meanings assigned to them, respectively: “Act” means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended or supplemented. “Affordability Covenants” means the covenants of the Developer described in Section 3.13 hereof for the Affordable Units. “Agreement” means this Development Agreement, dated as of _____________, 2021, by and between the City and the Developer, as it may be amended or supplemented from time to time in accordance with the terms hereof. “Bonds” has the meaning given in the Recitals above. “City” means the City of Bozeman, Montana, or any successors to its functions under this Agreement. “City Commission” means the governing body of the City. “Costs of Issuance” means, if the City issues Bonds, the following costs but only to the extent incurred in connection with, and allocable to the Bonds: underwriter’s spread, counsel fees, financial advisor fees, rating agency fees, trustee fees, paying agent fees, bond registrar, certificate, and authentication fees, accounting fees, printing costs for bonds and offering 247 3 documents, public approval process costs, feasibility study costs, guarantee fees, other than for qualified guarantees; and similar costs. “Developer” means Good Housing Partnership LLC, a Montana limited liability company, and its successors and assigns in accordance with and as permitted under this Agreement. “Developer Certificate” means the certificate attached hereto as Exhibit E. “District” means the Bozeman Midtown Urban Renewal District, an urban renewal district created by the Ordinance pursuant to the Act, as such may be enlarged or reduced from time to time in accordance with the Act. “DOR” means the State of Montana Department of Revenue. “Eligible Costs” means the costs identified as such on the attached Exhibit C. “Environmental Laws and Regulations” means and includes the Federal Comprehensive Environmental Compensation Response and Liability Act (“CERCLA” or the “Federal Superfund Act”) as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”), 42 U.S.C. §§ 9601 et seq.; the Federal Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. § 1321 et seq.; and the Clean Air Act, 42 U.S.C. §§ 7401 et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, code, law, ordinance, regulation, requirement or rule which may relate to or deal with human health or the environment including without limitation all land use, zoning, and stormwater control regulations as well as all regulations promulgated by a regulatory body pursuant to any statute, code, law, ordinance, regulation, requirement or rule. “Fiscal Year” means the period commencing on the first day of July of any year and ending on the last day of June of the next calendar year, or any other twelve-month period authorized by law and specified by the Commission as the City’s fiscal year. “Indemnified Parties” has the meaning given to it in Section 7.1. “Infrastructure Improvements” means the design, engineering, work, construction, materials, equipment, and the other improvements, the costs of which form a part of the Eligible Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof. “Land” has the meaning given to it in the recitals hereof. “Land Use Regulations” means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Land or the Project. “Milestone” of “Milestones” has the meaning given in Section 3.4 hereof. “Milestone Date” or “Milestone Dates” has the meaning given in Section 3.4 hereof. 248 4 “Ordinance” has the meaning given to it in the recitals hereof. “Person” means any individual, corporation, limited liability company, partnership, limited liability partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. “Prevailing Wage Rates” means the Montana Prevailing Wage Rate for public works projects as published from time to time by and available from the Montana Department of Labor and Industry, Research and Analysis Bureau, P.O. Box 1728, Helena, Montana 59624, telephone number (800) 541-3904. “Project” has the meaning given in the recitals hereto. “Project Fees and Charges” means those fees and charges pertaining to the Project that form a part of the Eligible Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof. “State” means the State of Montana. “Tax Increment” means the amount received by the City pursuant to the Act from the extension of levies of Taxes (expressed in mills) against the incremental taxable value (as defined in the Act) of all Taxable Property, and shall include all payments in lieu of Taxes attributable to the incremental taxable value and all payments received by the City designated as replacement revenues for lost Tax Increment. “Taxable Property” means all real and personal property located in the District and subject to Taxes, including land, improvements and equipment. “Taxes” means all taxes levied on an ad valorem basis by any Taxing Body against the Taxable Property (exclusive of the six mill levy for university purposes levied by the State), and shall include all payments in lieu of taxes received by the City with respect to Taxable Property. “Taxing Body” means the City; the County of Gallatin, Montana; High School District No. 7 (Bozeman), Gallatin County, Montana; Elementary School District No. 7 (Bozeman), Gallatin County, Montana; the State; and any other political subdivision or governmental unit that levies or may hereafter levy or cause to be levied Taxes against property within the District. “Unavoidable Delay” means a delay resulting from a cause over which the Party required to perform does not have control and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to, acts of God, accidents, war, civil unrest, embargoes, strikes, unavailability of raw materials or manufactured goods, litigation, and the delays of the other Party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement. 1.2.Rules of Interpretation. 249 5 (a) The words “herein,” “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any of its particular sections or subdivisions. (b) References to any particular section or subdivision hereof are to the section or subdivision of this Agreement in its original signed form, unless otherwise indicated. (c) The word “or” is not exclusive but is intended to contemplate or encompass one, more or all of the alternatives conjoined. 1.3.Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit A: Project Costs Exhibit B: Description of the Land Exhibit C: Eligible Costs; Infrastructure Improvements and Project Fees and Charges Exhibit D: Milestones Exhibit E: Form of Developer Certificate Exhibit F: City’s Statement of Non-Discrimination Section 2.Representations. 2.1.City Representations. The City hereby represents as follows: (a)Pursuant to the Act, and after a public hearing duly called and held, the City by the Ordinance has duly created the District. (b)Pursuant to Resolution No. [____] of the City Commission, the City approved the use of Tax Increment, if available, to reimburse or, as appropriate, pay the Eligible Costs in a total amount not to exceed $2,168,312. Subject to the terms and conditions of this Agreement, the City intends to reimburse the Developer for the Eligible Costs in an amount not to exceed $2,168,312. (c)The DOR has advised the City that the base taxable value (as defined in the Act) of the District is $3,507,723. (d)The City Commission has duly authorized the execution and delivery of this Agreement. (e)The City’s Director of Economic Development is authorized to act on behalf of the City with respect to implementation of this Agreement, recognizing that certain events or circumstances arising under this Agreement will require City Commission consideration and action, including, without limitation, issuance of the Bonds. 250 6 2.2.Developer Representations. The Developer hereby represents as follows: (a)The Developer is a limited liability company, duly formed, validly existing and in good standing under the laws of the State and is duly qualified to do business in the State. The Developer has the power to enter into this Agreement and by all necessary corporate action has duly authorized the execution and delivery of this Agreement. (b)The Developer has good marketable title to the Land, free and clear of all liens, encumbrances and defects except such as do not materially affect the value of the Land or materially interfere with the use made and proposed to be made of the Land by the Developer. (c)The Developer has the financial capability or commitments to complete the Project at an approximate cost of $27,000,000. (d)The Developer is not aware of any facts the existence of which would cause the Developer to be in violation in any material respect of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements. The Developer has not received from any local, state or federal official any notice or communication indicating that the activities of the Developer have been, may be or will be in violation of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements. (e)Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof is prohibited or limited by, conflicts with or results in a breach of the terms, conditions or provisions of the certificate of formation, partnership agreement or operating agreement of the Developer or any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f)There is no action, suit, investigation or proceeding now pending or, to the knowledge of the Developer, threatened against or affecting the Developer or its ability to perform its obligations hereunder in any material respect, operations, properties or condition (financial or otherwise) before or by any governmental department, commission, board, authority or agency, or any court, arbitrator, mediator or grand jury, that could, individually or in the aggregate, materially and adversely affect the ability of the Developer to complete the Project. (g)The Developer acknowledges and agrees that the sole source of funds for reimbursing the Developer under this Agreement is Tax Increment and/or proceeds of the Bonds, which would be paid from Tax Increment. The Developer further acknowledges and agrees the amount of Tax Increment is dependent upon a number of variables, including, without limitation, the taxable value of the Project, the number of mills levied by Taxing Bodies, and then- prevailing state laws regarding computation of Tax Increment. The Developer agrees that if Tax Increment in the amount of $2,168,312 is not available to the City to reimburse the Developer and/or, if the City, in its sole discretion, determines that it cannot reasonably sell the Bonds, whether due to lack of Tax Increment, market conditions, or otherwise, the City shall have no obligation to pay to the Developer the amount of reimbursement described in Section 4. The Developer agrees that such event shall not constitute a default by the City hereunder. 251 7 (h)The Developer currently estimates that, beginning in tax year 2024 (fiscal year ending June 30, 2025), the completed Project is expected to generate tax revenues in the approximate amount of 249,923 annually. The Developer acknowledges and agrees that the estimates of assessed (market) and taxable values set forth in this Agreement (and any resulting estimates of Tax Increment) are estimates only and are based on information provided by the Developer to the City and various assumptions that the City believes are reasonable. Actual assessed (market) and taxable values of the Project and actual Tax Increment generated by the Project or in the District may vary significantly based on variables over which the City has no control. (i)The Developer acknowledges and agrees that the Bonds, if authorized and issued, are special, limited obligations of the City and shall not be paid from any funds of the City other than Tax Increment. The Developer understands and agrees the Bonds, if authorized and issued, will be subject to all the terms and conditions of the bond resolution authorizing their issuance (the “Bond Resolution”). The Developer acknowledges and agrees that an event of default or default under the Bonds or the Bond Resolution does not constitute a default under this Agreement, unless the event of default or default is a result of the failure by the Developer to perform an obligation of the Developer identified in the Bond Resolution. Section 3.Developer Undertakings. 3.1.Construction and Maintenance of Project. The Developer hereby agrees and commits to the City that it will diligently prosecute to completion the construction of the Project in accordance with this Agreement, the site plan submitted to the City and all applicable federal, State and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Project, including applicable Land Use Regulations and Environmental Laws and Regulations. The Developer agrees and commits to the City that construction of the Project shall be substantially complete by July 1, 2023, subject to Unavoidable Delays. The Developer’s projected costs of the Project are shown on Exhibit A hereto. The Developer has the financial capacity to complete the Project, and the Developer agrees to pay all costs thereof. If there is an increase in the costs of the Project from that shown on Exhibit A hereto that cannot be covered by the contingency amount and is greater than 10% of the total projected development cost, the Developer shall notify the City of the increase and submit additional evidence in a form acceptable to the City that the Developer has the financial capacity to cover such additional costs and complete the Project. At all times during the term of this Agreement, the Developer will operate and maintain, preserve and keep the Project or cause the Project to be operated, maintained, preserved and kept for the purposes for which it was constructed, and with the appurtenances and every part and parcel thereof, in good repair and condition. Upon twenty-four (24) hours prior written notice, the Developer agrees to permit the City and any of its officers, employees or agents access to the Land for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work. 3.2.Preparation, Review and Approval of Construction Plans. In connection with the Project, the Developer, at its sole expense, shall prepare and submit construction plans, drawings, and related documents for each portion of the Project to the appropriate City officials for architectural, engineering or land use review and written approval or permits. The Developer 252 8 acknowledges that no review or approval by City officials hereunder may be in any way construed by the Developer to replace, override or be in lieu of any required review, inspection, or approval by the City or any other building construction official review or approvals required by any State laws or local ordinances or regulations. Nothing contained in this Agreement indicates or evidences that the City has approved or will approve the Project or any portion thereof. This Agreement does not affect or limit the City’s regulatory powers with regard to the Project, including, without limitation, those relating to building permits or other permits or the payment of fees. 3.3.Construction of the Infrastructure Improvements. The Developer shall acquire, install, construct or otherwise provide the Infrastructure Improvements. The Developer acknowledges and agrees that the City is not responsible for acquiring, installing, constructing or otherwise providing the Infrastructure Improvements. The estimated costs of the Infrastructure Improvements, which form a part of the Eligible Costs, are shown on Exhibit C hereto. 3.4.Milestones of the Project. Certain steps in the development of the Project are listed on Exhibit D attached hereto (collectively, the “Milestones”; each a “Milestone”), together with the dates by which the Developer is obligated to complete the Milestones (collectively, the “Milestone Dates”; each as it relates to a particular Milestone, the “Milestone Date”). The Developer acknowledges and agrees that the City in reserving or offering to make available Tax Increment to pay or reimburse the Developer for the Eligible Costs necessarily means that certain Tax Increment is not available to pay or reimburse other undertakings or costs for the benefit of the District and that the City reasonably expects additional Tax Increment as a result of completion of the Project. The Developer acknowledges and agrees that conditioning the availability of Tax Increment or proceeds of Bonds to pay or reimburse the Developer for the Eligible Costs on completion or satisfaction of the Milestones by the corresponding Milestone Dates is reasonable. If the Developer is unable to complete or satisfy a Milestone by the corresponding Milestone Date, the Developer shall make a formal written request to the Director of Economic Development, with appropriate supporting material, to extend the Milestone Date and, as appropriate, subsequent Milestone Dates. The Director of Economic Development may, in his or her sole discretion, (i) determine whether such extension is appropriate and, if so, fix a new and superseding Milestone Date and also adjust other subsequent Milestone Dates, along with any other terms or conditions, or (ii) refer the request to the City Commission to either approve the extension and adjust other Milestone Dates, as appropriate, or, in its sole discretion, terminate this Agreement, in which case the City will have no obligation to reimburse or pay the Developer hereunder. 3.5.Prevailing Wage Rates; Competitive Bidding. The Developer understands that the City is obligated to follow certain laws with respect to the expenditure of public funds, which includes Tax Increment. The Developer agrees to comply with laws that govern City contracting obligations, including public procurement laws relating to all of the Infrastructure Improvements, such as, without limitation, laws and rules regarding prevailing wage and solicitation of work on a competitive basis. Without limitation of the foregoing, the Developer agrees that in the awarding of contracts for the Infrastructure Improvements (i) it will, and it will cause its contractor to, publicly bid competitively contracts for each component of the Infrastructure Improvements, and 253 9 (ii) through its contract with its contractor, it will, in addition to the requirements of Sections 3.9 and 3.10, require its contractor to, pay the Prevailing Wage Rates on such contracts related to the Infrastructure Improvements. The Developer will provide to the City all documentation requested to verify the compliance of the Developer and its contractor with the foregoing requirements. Failure of the Developer or its contractor to bid competitively contracts for each component of the Infrastructure Improvements or to require contracts entered into directly with contractors or sub-contractors to include provisions requiring the contractor or sub-contractor to pay the Prevailing Wage Rates on the work related to the Infrastructure Improvements will be considered a breach of this Agreement and the City will be entitled, at its discretion and without obligation, to exercise any and all measures to assure compliance and retroactive compensation plus interest to workers not paid in accordance with this Agreement, and recovery of any penalty or fine assessed by the State attributed to any failure to pay the Prevailing Wage Rates. Additionally, the Developer acknowledges that a violation of these requirements may, in the City’s sole discretion, cause the Infrastructure Improvements to be ineligible for the application of Tax Increment, in which case the City will have no obligation to reimburse or pay the Developer hereunder. 3.6.Utilities. The Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. The Developer at its own expense shall replace any public facilities or utilities damaged during the Project by the Developer or its agents or by others acting on behalf of or under their direction or control of the Developer. 3.7.Permits and Compliance With Laws. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the acquisition and construction of the Project, including the Infrastructure Improvements. Without limiting the foregoing, the Developer will request and seek to obtain from the City or other appropriate governmental authority all necessary land use, zoning, and building permits. The Developer will comply in all material respects with all Environmental Laws and Regulations applicable to the construction, acquisition, and operation of the Project, including the Infrastructure Improvements, will obtain any and all necessary environmental reviews, licenses or clearances under, and will comply in all material respects with, Environmental Laws and Regulations. In addition, the Developer shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances related to worker safety including but not limited to 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, and the Americans with Disabilities Act. 3.8.Easements. To the extent that the Infrastructure Improvements are to be located on the Land, the Developer hereby agrees to grant to the City and applicable utility companies from time to time such easements, rights-of-way and similar licenses in a form required by the City and as are reasonably necessary to permit the City to own, operate and maintain the Infrastructure Improvements. 254 10 3.9.Nondiscrimination and Equal Pay Affirmation. The Developer agrees to require its contractor(s) to be in compliance with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Project, including the Infrastructure Improvements. The Developer agrees that in its contracts with its contractors the Developer’s contractor will be required to require its subcontractors to comply with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Project. The Developer agrees to provide copies of all such contracts upon request by the City. 3.10.Worker’s Compensation Insurance. The Developer shall provide in its construction contracts related to the Project with all of its respective contractors that such contractors are to be covered by a Worker’s Compensation insurance program with the State, a private insurance carrier, or an approved self-insurance plan in accordance with State law. 3.11.Cooperation with City and DOR. The Developer agrees to provide to the City and, as requested, the DOR information that may be required by the City and/or the DOR to determine, or make reasonable projections regarding, the amount and timing of receipt of Tax Increment resulting from the Project. Such information may include, but is not limited to timing of construction and estimated completion dates of all or portions of the Project, costs of construction, materials used in construction, uses of the Project or any portion thereof, allocations of uses to spaces and square feet of spaces included in the Project, and any other information that may be relevant. The Developer understands and agrees that the City will rely on such information from the Developer in making determinations regarding the amount of Tax Increment resulting from the Project that may be available and the timing of the availability of Tax Increment resulting from the Project, and that such information may be a critical factor in the City’s determination regarding whether to issue and the sizing and other features of the Bonds. 3.12.Project Fees and Charges. The Developer reasonably expects that it will capitalize the Project Fees and Charges (other than Costs of Issuance, if any) into the costs of the Project, and treat such fees and charges as capital expenditures. 3.13.Affordability Covenants. The Developer covenants that ninety (90) of the total residential units (the “Affordable Units”) distributed by type (e.g., studios, 1-bedroom units, 2- bedroom units and 3-bedroom units) will be offered for sale at prices affordable at the greater of (i) 80% to 120% of area median income (“AMI”) in effect at the of this Agreement, or (ii) 80% to 120% of AMI in effect at the time of sale, as set forth herein. In furtherance of the foregoing, of the Affordable Units, (i) twenty-one (21) units will be restricted with sales prices at 80% of AMI (the “Class I Affordable Units”), and (ii) sixty-nine (69) units will be restricted with sales prices at 120% of AMI (the “Class II Affordable Units”). Other than the ninety (90) units comprising the Affordable Units, no other units at the Project shall be restricted hereunder (the “Unrestricted Units”). The Developer will market all of the Affordable Units first through community housing partners, at prices affordable to individuals and families with incomes in the 80% to 120% AMI range. The Class I Affordable Units will be permanently deed restricted or restricted by such other mechanisms as may be required by the City for use as housing affordable at households with incomes at 80% of AMI. The Developer will also implement additional 255 11 restrictions on the use and sale of the Class II Affordable Units to maximize the benefits to owner occupied housing and dis-incentivize immediate resales of Class II Affordable Units, including a prohibition on use of the Class II Affordable Units as short-term rentals (less than 28 days) and at the discretion of the Developer, may include a provision that if a Class II Affordable Unit is sold for a profit within 5 years of the initial sale of such Affordable Unit, the Developer is entitled to fifty percent (50%) of the net sale profit. The covenants described in this Section 3.13 are referred to herein as the “Affordability Covenants.” The Developer acknowledges and agrees that the Affordability Covenants are fundamental to the City’s agreements hereunder. Any and all Affordability Covenants shall specifically exclude the Unrestricted Units from any covenants, encumbrances or restrictions hereunder. Section 4.City Undertakings. Subject to satisfaction of all conditions in Section 5 below, and solely from Tax Increment on hand or proceeds of the Bonds, the City agrees to reimburse the Developer for, or, as applicable, pay the Eligible Costs in an amount not to exceed $2,168,312. The Parties acknowledge and agree that, subject to the terms and conditions of this Agreement, (i) the actual sum of all Eligible Costs may exceed $2,168,312, but $2,168,312 is the maximum amount that the City will reimburse the Developer for Eligible Costs; and (ii) if the actual sum of all Eligible Costs exceeds $2,168,312, the City has discretion to allocate the reimbursable amount among the Eligible Costs as it sees fit. The City may issue the Bonds in its sole discretion to pay or reimburse all or a portion of the Eligible Costs to be paid or reimbursed. The Bonds, if authorized and issued, will have such terms and conditions as are approved by the City Commission. This Agreement does not require or imply that the City has any obligation to issue the Bonds. Section 5.Payment of Reimbursement Amount for the Eligible Costs. Payment of the amount of reimbursement described in Section 4 by the City to the Developer for Eligible Costs paid by the Developer shall be subject to the following conditions and in accordance with the following procedures: 5.1.Conditions to Payment or Reimbursement. (a)(i) The Developer must have completed or satisfied each of the Milestones by the applicable Milestone Date, as such date may have been extended by the Director of Economic Development or the City Commission pursuant to Section 3.4 hereof, (ii) the City must have issued a certificate of occupancy for the Project, (iii) the Infrastructure Improvements must have been completed in their entirety and the City must have delivered to the Developer written acceptance of the Infrastructure Improvements (which may be in the form of a Certificate of Completion or such other format as required by the City), and (iv) the Developer must demonstrate to the City’s satisfaction, by a title report or other means acceptable to the City, that the Infrastructure Improvements are free of financial liens and any encumbrances affecting the Infrastructure Improvements must be acceptable to the City. (b)The Developer shall have provided evidence satisfactory to the City of its compliance with the Affordability Covenants, which evidence may include the forms of the deeds to the Affordable Units or such other restrictive covenant approved by the City with respect to the Affordable Units, a closing statement prepared by a third-party escrow agent, 256 12 outreach and marketing materials relating to the Affordable Units, sale data relating to the Affordable Units, and/or other relevant information. (c)Reimbursement by the City for costs of the Infrastructure Improvements must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Infrastructure Improvements. The City will notify the Developer of any rejected invoice and the reason it was rejected. (d)The Parties agree that the City will have no obligation to pay or reimburse any of the Eligible Costs unless at the time of such request (i) all of the Developer’s representations as set forth in Section 2.2 are true and correct, (ii) the Developer is not in breach of any covenant or undertaking as set forth in Section 3, and (iii) unless and to the extent the City issues the Bonds, there shall be adequate Tax Increment on hand to pay the amount of the reimbursement or cost or expense and satisfy all other financial obligations related to the District. (e)If some or all of the Eligible Costs are to be paid with the proceeds of the Bonds, the City shall have determined, in its sole discretion, but with the cooperation of the Developer, that the Tax Increment is sufficient to pay the debt service on the Bonds as and when due and, as applicable, to satisfy other requirements under the Bond Resolution, such as funding an adequate reserve, meeting applicable debt service coverage requirements, and paying costs of issuance, and to satisfy all other financial obligations related to the District. The Developer understands and agrees the City shall have no obligation to and may not issue the Bonds if the City is unable to find and determine that the Tax Increment is sufficient to pay the Bonds timely, to satisfy the requirements of the Bond Resolution, and to satisfy all other financial obligations related to the District. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay or reimburse any of the Eligible Costs and the City’s determination to refrain from paying or reimbursing, or its inability to pay or reimburse, any of the Eligible Costs shall not be or result in a default of this Agreement. 5.2.Process for Payment or Reimbursement; Developer Option to Terminate. Subject to the provisions of subsection (d) of this Section 5.2, the process for payment or reimbursement of the Developer is as follows: (a)By the date that is 90 days before the date the Developer estimates the Project will be first placed in service (which may occur prior to the applicable Milestone Date for such Milestone set forth in Exhibit A), the Developer shall notify the City in writing of the components of the Project remaining to be completed before it expects the City will issue the certificate of occupancy for the Project. The Developer shall provide a further update to the City when it reasonably expects that the Project will be placed in service in roughly 30 days. (b) After receiving a certificate of occupancy for the Project, the Developer shall provide to the City a signed request for reimbursement substantially in a form attached as Exhibit E hereto and acceptable to the City, accompanied by the invoices and lien waivers from the contractors or subcontractors performing or that have performed the work to be reimbursed. In 257 13 addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with this Agreement. (c)By the date that is five months after the submission by the Developer of a complete and acceptable request for reimbursement, as determined by the City, the City, subject to the terms and conditions of this Agreement, shall reimburse to the Developer such Eligible Costs, in an amount not to exceed $2,168,312, either directly from Tax Increment or from proceeds of Tax Increment Bonds; provided, however, if the City shall earlier determine that the Tax Increment is not sufficient to reimburse the Developer for the Eligible Costs it has paid, either because there is insufficient Tax Increment then available or the City determines there is insufficient Tax Increment to permit the issuance of Bonds, then the City shall so inform the Developer in writing and this Agreement shall thereupon terminate and neither Party will have any further rights or obligations hereunder, except as set forth in those provisions that expressly survive termination of this Agreement. (d)Alternatively, the Developer may terminate this Agreement by written notice to the City at any time prior to providing the City with a signed request for reimbursement as described under Section 5.2(b) above. Section 6.Sources of Repayment; Covenants to Pay Taxes. 6.1.Taxes. The Developer shall pay or cause to be paid when due and prior to the imposition of penalty all Taxes and all installments of any special assessments payable with respect to the Land and the Project and any improvements thereto or extension thereof. 6.2.Maintenance of Land and Project. The Developer agrees to use its commercially reasonable best efforts to maintain and operate the Land and the Project so as to be able at all times to pay promptly and when due all property taxes levied with respect to the Land and the Project. 6.3.Injunction; Specific Performance. The Parties agree that, in the event of a breach of this Section 6 by the Developer or its successors or assigns, the City would suffer irreparable harm. Therefore, in the event the Developer or its successors or assigns fails to comply with the provisions of this Section 6, the Developer agrees that the City, subject to any notice and cure period in this Agreement, may pursue any remedy at law or in equity, including the remedies of injunction and specific performance. Section 7.Indemnification and Insurance. 7.1.Indemnification. The Developer releases the City and all City Commission members, board members, officers, agents, servants and employees of the City (the “Indemnified Parties”) from, and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any loss, damage, cost (including reasonable attorneys’ fees), claim, demand, suit, action or other proceeding whatsoever (i) arising or purportedly arising out of, or resulting or purportedly resulting from, the acquisition and construction of the Project, including the Infrastructure Improvements, any violation by the Developer of any agreement, condition or covenant of this 258 14 Agreement, the ownership, maintenance and operation of the Project, or the presence on any portion of the Land, of any dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii) which is proximately caused by the Developer or its officers, agents, contractors, consultants or employees. 7.2.Insurance. Developer shall keep and maintain the Project at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Project, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: 1.fire 2.extended coverage perils 3.vandalism and malicious mischief 4.boiler explosion (but only if steam boilers are present) 5.collapse on a replacement cost basis in an amount equivalent to the Full Insurable Value thereof. “Full Insurable Value” shall include the actual replacement cost of the Project, exclusive of foundations and footings, without deduction for architectural, engineering, legal or administrative fees or for depreciation. The policies required by this Section 7.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and must contain a deductibility provision not exceeding $100,000. Subject to the terms of any mortgage relating to the Project, policies of insurance required by this Section 7.2 shall insure and be payable to Developer, and shall provide for release of insurance proceeds to Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, Developer is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. During construction of the Project, any and all of the foregoing insurance policies may be maintained by the Developer’s contractor; provided that once the Project is placed into service, Developer shall maintain all of the foregoing insurance policies. In addition, as a condition to placing the Project in service, the City may require that the Developer or owner of the Project obtain additional insurance that would protect the City or the City’s interest in the Infrastructure Improvements. In addition to and independent of the above, the Developer shall at the Developer’s expense secure liability insurance through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana. The insurance shall not contain any exclusion for liabilities specifically assumed by the Developer 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 in relation to construction of the Project and the Infrastructure Improvements without limit and without regard to the cause therefore. The Developer must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: 259 15 Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The above amounts shall be exclusive of defense costs. The City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Developer commencing work on Project or Infrastructure Improvements. Developer must notify the City within two (2) business days of Developer’s receipt of notice that any required insurance coverage will be terminated or Developer’s decision to terminate any required insurance coverage for any reason. Section 8.General Provisions. 8.1.Conflicts of Interest; City’s Representatives Not Individually Liable. The Developer represents that it does not employ, retain, or contract with an officer or employee of the City and that no member, officer or employee of the City has a personal or financial interest, direct or indirect, in this Agreement or in the Project, or a financial interest in the Infrastructure Improvements. No member, officer or employee of the City shall be personally liable to Developer in the event of any default under or breach of this Agreement by the City, or for any amount that may become due to Developer for any obligation issued under or arising from the terms of this Agreement. 8.2.Rights Cumulative. The rights and remedies of the Parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any Party hereto of any one or more of such remedies shall not preclude the exercise by such Party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the Party subject to the limitation of remedies provided herein. No waiver made by such Party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other Party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the Party making the waiver of any obligations of the other Party. Delay by a Party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. 8.3.Term of Agreement. This Agreement shall remain in effect until the date that it terminates or is terminated by the City, as follows: (a)If payment or reimbursement of Eligible Costs is made directly from Tax Increment and not proceeds of Bonds, this Agreement will terminate on the date that is 10 days after the date the City makes the final payment or reimbursement of Eligible Costs to the Developer hereunder. 260 16 (b)If the City issues Bonds, this Agreement will remain in effect until the final maturity or payment date of the Bonds or such earlier date that the Bonds are prepaid in full, discharged, and no longer outstanding. (c)This Agreement may be terminated by the City in its sole discretion on a date earlier than described in (a) or (b) above at any time after failure by the Developer to complete or satisfy a Milestone by the applicable Milestone Payment Date. (d)If the City has determined Tax Increment is insufficient under Section 5.2(c) above, this Agreement shall terminate in the manner and on the date described in Section 5.2(c) above. (e)Prior to submitting a request for reimbursement, the Developer may terminate this Agreement in the manner described in Section 5.2(d) above. (f)Notwithstanding the foregoing provisions of this Section, Sections 6, 7, and 8 of this Agreement shall in all events survive the termination of this Agreement and, if this Agreement terminates as provided in subsections (a) or (b) of this Section 8.3, the Affordability Covenants set forth in Section 3.13 shall survive termination of this Agreement. 8.4.Limitation on City Liability. No agreements or provisions contained in this Agreement nor any agreement, covenant or undertaking by the City contained in any document in connection with the Project, including the Infrastructure Improvements, or the Eligible Costs shall give rise to any pecuniary liability of the City or a charge against its general credit or taxing powers, or shall obligate the City financially in any way except with respect to then-available Tax Increment. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charge except to the extent that the same can be paid or recovered from then-available Tax Increment; and no execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the City (except as such constitute then-available Tax Increment). Nothing herein shall preclude a proper party in interest from seeking and obtaining specific performance against the City for any failure to comply with any term, condition, covenant or agreement herein; provided that no costs, expenses or other monetary relief shall be recoverable from the City except as may be payable from the Tax Increment. This Agreement shall not constitute or be construed to give rise to a debt of the City. 8.5.Assignment. This Agreement is unique between the City and Developer and no Party may assign any rights or privileges, or delegate any duties or obligations under this Agreement, without first obtaining the written consent of the other Party. Notwithstanding the foregoing, the Developer may assign this Agreement and its rights and responsibilities hereunder to a special purpose entity formed by the Developer to own the Project. Developer shall provide notice of any assignment to the City. 8.6.Successors Bound By Agreement; No Third Party Beneficiary; No Property Interest. Subject to compliance with Section 8.5, this Agreement will inure to the benefit of and be binding upon the Parties to this Agreement and their respective successors in interest and 261 17 permitted assignees. 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. This Agreement, by itself, does not create or give rise to a property interest in the Land or the Project. 8.7.Prior Agreements. This Agreement supersedes, merges and voids any and all prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. The Parties waive and release each other from any claims, actions, or causes of action that relate in any manner to any prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. 8.8.Entire Agreement. This Agreement, including any exhibits and attachments hereto, embodies the entire agreement and understanding of the Parties with respect to its subject matter. All Parties shall be prohibited from offering into evidence in any arbitration or civil action any terms, conditions, understandings, warranties, statements or representations, whether oral or written, with respect to the subject matter of this Agreement and that are not contained in this Agreement. 8.9.Amendments, Changes and Modifications. This Agreement may be amended and any of its terms may be modified only by written amendment authorized and signed by the Parties hereto. 8.10.Headings. The headings of articles and sections in this Agreement are inserted for convenience of reference only and do not limit or amplify the terms and provisions of the Agreement in any manner. The headings will be ignored and will not affect the construction of any provisions of this Agreement. 8.11.Notice. Any formal notice, demand or communication required or permitted by the terms of this Agreement to be given to the City or Developer will be in writing and will be delivered to such Party either: (i) by personal hand-delivery; or (ii) by depositing the same in the United States mail, certified mail with return receipt requested, addressed to such Party at the address named below, with postage prepaid thereon. Notice will be deemed complete upon receipt of the notice pursuant to any of the foregoing methods of notice. If to City: City of Bozeman Attention: Bozeman City Manager 121 N. Rouse Ave. P.O. Box 1230 Bozeman, MT 59771 If to Developer: Good Housing Partnership LLC 104 E. Main Street, Suite 104 262 18 Bozeman, MT 59715 Attention: Geoffrey Anderson, Manager The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. 8.12. Severability. If any provision of this Agreement is declared void or held invalid, such provision will be deemed severed from this Agreement and the remaining provisions of this Agreement will otherwise remain in full force and effect. 8.13.Duplicate Originals or Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 8.14.Place of Performance. The place of performance of this Agreement will be in the City of Bozeman, Gallatin County, Montana. 8.15.Governing Law. This agreement and the legal relations between the Parties hereto will be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice of law statutes, rules, or principles. 8.16.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 acceptable to the Parties 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 and the provisions of this Agreement. 8.17.Further Assurances and Corrective Instruments. The Parties agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project, including the Infrastructure Improvements, or the Eligible Costs or for carrying out the expressed intention of this Agreement. 8.18.Reports/Accountability/Public Information. Developer agrees to develop and/or provide documentation as requested by the City demonstrating the Developer’s compliance with the requirements of this Agreement. Developer 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 Developer pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Developer shall not issue any statements, releases or information for public 263 19 dissemination regarding this Agreement or the work contemplated hereunder without prior written approval of the City. 8.19.Consent to Electronic Signatures. The Parties have consented to execute this instrument electronically in conformance with the Montana Uniform Electronic Communications Act, Title 30, Chapter 18, Part 1, MCA. [Balance of page intentionally left blank] 264 20 IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement to be executed as of the [_____] day of [___________], 2021. CITY OF BOZEMAN, MONTANA By:_______________________________________ Printed Name: Jeff Mihelich Title: City Manager [Signature Page to Development Agreement] 265 21 GOOD HOUSING PARTNERSHIP LLC By: Name: Geoffrey Anderson, Manager [Signature Page to Development Agreement] 266 A-1 EXHIBIT A PROJECT COSTS 267 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE LAND 268 C-1 EXHIBIT C Summary Description of the Infrastructure Improvements: 269 2 Summary Description of the Project Fees and Charges: City of Bozeman Impact Fees $634,932 City of Bozeman Cash In Lieu of Park Land $105,192 Bozeman Fiber Optic $32,000 Total Project Fees and Charges $772,124 Total Eligible Costs $2,168,312.00 Total Reimbursable Value of Eligible Costs $2,168,312.00 The Parties acknowledge and agree that, subject to the terms and conditions of this Agreement, (i) the actual sum of all Eligible Costs may exceed $2,168,312, but $2,168,312 is the maximum amount that the City will reimburse the Developer for Eligible Costs; and (ii) if the actual sum of all Eligible Costs exceeds $2,168,312, the City has discretion to allocate the reimbursable amount among the Eligible Costs. 270 D-1 EXHIBIT D MILESTONES MILESTONE MILESTONE DATE Site Plan Submittal to the City August 27, 2021 Development Building Permit Submittal February 18, 2022 Start of Development Construction May 11, 2022 Start of Infrastructure Construction June 1, 2022 Completion of Infrastructure Substantial Construction November 1, 2022 Completion of Development Construction (occupancy)September 1, 2023 271 E-1 EXHIBIT E FORM OF DEVELOPER CERTIFICATE TO:City of Bozeman, Montana FROM:Good Housing Partnership LLC (the “Developer”) SUBJECT:Reimbursement for Eligible Costs This Developer Certificate requests $_________ for reimbursement of Eligible Costs, as defined in the Development Agreement between Good Housing Partnership LLC and the City of Bozeman, Montana, dated as of [_________], 2021 (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement. Pursuant to Section 5.2(b) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that: (a)the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;” (b)invoices paid by the Developer corresponding to the expenditures set forth on the attached Project Expenditures Schedule are appended to the attached schedule headed “Project Invoices;” (c)the amounts for which reimbursement is requested have been paid by the Developer to the [City] for Project Fees and Charges or to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Infrastructure Improvements; (d)with respect to the Infrastructure Improvements, the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Infrastructure Improvements were paid the Montana prevailing wage for such work; (e)no part of the several amounts requested to be paid, as stated in such certificate, has been or is the basis for the payment of any money in any previous request; (f)the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and (g)no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested. 272 E-2 The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof. Dated: _____________, 20__Good Housing Partnership LLC By: Authorized Developer Representative 273 F-1 EXHIBIT F 274 1 Staff Report    To:       Midtown Urban Renewal Board     From:      David Fine, Urban Renewal Program Manager       Meeting Date:   April 1, 2021    Subject:    9TEN Mixed Use Project, Midtown TIF Assistance Application       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 2019. The Midtown TIF Assistance  Program supports projects that contribute to the following five goals of the Midtown Urban  Renewal Plan: 1) Promote economic development; 2) Improve multimodal transportation; 3)  Improve, maintain, and support innovation in infrastructure; 4) Promote unified, human scale  urban design; and 5) Support compatible urban density mixed land uses. 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 seventeen 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, whether the project would  be feasible without a public incentive, and the project’s provision of amenities and services that  contribute to walkability and quality of life in the district and surrounding neighborhoods.     Staff Recommendation    The City Commission created the Midtown Urban Renewal District in 2006 with the  vision of a walkable pedestrian centric area with compact urban density. The Commission  adopted 2017 Midtown Action Plan reinforced this vision and named five elements for targeted  redevelopment that would help implement the urban renewal plan. These targeted private  investment elements included 1) infill, 2) increased building density, 3) encouraging multimodal  transportation, 4) retail that serves surrounding residents, and 5) providing housing to support  commerce in the area. These goals are represented in the criteria for the Midtown TIF  Assistance Program, whose goal is to promote projects that meet these criteria, drive growth in  275 2 taxable value, and create demand for market driven redevelopment. At this phase of Midtown’s  redevelopment lifecycle, few projects containing the target elements are financially feasible, but  for TIF incentives. Incentives may create the potential for higher returns to mitigate higher risk,  which will likely attract investment that would not occur without these incentives.    Bozeman struggles, given current market dynamics, to facilitate the construction of  workforce housing at attainable prices. Recently approved urban renewal projects with a major  housing component, such as the Ruh Building, Aspen Crossing, and West Peach Condos, require  significant assistance to attain feasibility as market rate projects.     Good Housing Partnership’s 9TEN is a major workforce housing project with 90 units  offered for‐sale. The project offers 21 units at prices that could be affordable for residents  making 80% of the area median income (AMI). These units will be deed restricted and offered to  qualified families on a means‐tested basis. The remaining 69 units will be priced to be affordable  to individuals and families making 110% AMI.      Good Housing Partnership (GHP) is committed to extended outreach and marketing  through local community partners in order to offer these units first to the local  workforce, individuals and families that qualify within the 80% ‐120% AMI price range.  This effort and process will be for the sale of the 20% deed restricted units as well as the  other units. Additional restrictions will also be put into place in order to maximize the  benefits to owner occupied housing and disincentivizing any immediate resales due to  initial below market purchase. Another restriction will be through the prohibition of  short‐term rentals (less than 28 days) and a restriction that if a unit is sold for a profit  within five years, GHP will be entitled to 50% of the net profit and will have the ability to  waive this based on the circumstance. (Application, p.3)    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 identified several eligible cost areas totaling $2,168,312. Staff finds that the  proposed costs for infrastructure and impact fees 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 38 of 53 available points. The application scored points toward  five of five goals of the Midtown Urban Renewal Plan. The project eliminates blight and  advances the District goal of creating urban density land uses and providing increased housing  stock within the District to drive further development.    The proposed incentive request of $2,168,512 is consistent with the goals of the  Midtown Urban Renewal Plan. In order to ensure that the level of assistance makes the project  feasible, but does not provide unreasonable returns to the developer, staff hired Economic and  Planning Systems, Inc. (EPS) to provide a third party assessment of the development pro forma.  Staff contracts for this component of the review process to assess the reasonableness of each  276 3 applicant’s incentive request. EPS concluded their analysis and found that the Applicant’s  request was reasonable:    A TIF amount equating to the developer’s full request of $2.2 million results in an  unleveraged IRR of 11.2 percent, a leveraged IRR of 23.7 percent, and a return on cost of  11.2%. While these rates of return are slightly higher than the identified target hurdle  rates, they are still within a range that is reasonable for project rates of return in this  market and would not represent a “windfall” for the developer. There are numerous  factors that will influence the project’s actual performance, and the estimates here are  in our opinion within a range of reasonableness given the risk and uncertainty associated  with any real estate development project. The project is also providing public benefits in  the form of permanently affordable housing, and is making efficient use of underutilized  land consistent with the vision for North 7th. (EPS, p. 9)    The Applicant is requesting $2,168,312 to mitigate the costs of public infrastructure and  impact fees for the project. The project meets several goals of the urban renewal plan and  makes productive use of a poorly located piece of property. Given that this project includes 90  units of workforce housing at prices that are below most of the for‐sale product currently on the  market, and the inclusion of provisions to prohibit short term rentals and quick and speculative  resale, Staff recommends that the Board consider an incentive award for GHP’s full request of  $2,168,312.    Leland Consulting Group (LCG)/ GEL Oregon completed a financial analysis of the project  to help staff evaluate the application for creation of new taxable value. Their report analyzed  return on investment (ROI), estimated payback period for the public assistance and proposed  target metrics for the ratio of private investment to public assistance. LGC bases their analysis  on awarding the applicant’s full assistance request. LCG recommends a ratio of private  investment to public assistance of 10:1 or greater for multi‐family projects; the ratio for this  project is greater than 11.37:1.    LCG also created a tax generation model for the Midtown URD. According to their model, the  project would produce net new annual taxes of $204,727, which would allow TIF assistance to  be paid back in 18.24 years (assumes a 5% interest rate on the advanced amount) for new  increment‐based payback if assistance is provided at the staff recommended amount.  Without  accounting for the cost of capital, payback on the project would take 10.6 years.   277 4 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 9TEN project promotes economic development in the service of blight remediation with two  new 4‐story buildings totaling 92,000 SF that include 2,100 SF of commercial space. Leland  Consulting Group (LCG) / GEL Oregon created a tax revenue generation model for the Midtown  URD. Using data provided by the property owner, LCG estimates that the property will provide  an estimated annual net tax revenue increase of $204,727 for the District, with the net increase  in the value of the property of $26,287,948. For the assumptions related to these projections,  please see the LGC / GEL report.  [4 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  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 substantially increases the density and taxable value of development on the  property. 9TEN addresses a defective and inadequate street layout, in which Aspen St. ends at a  field and an unpaved alley. The project will add missing sidewalks to Aspen St. and provide  better traffic circulation by building 8th Ave. to a full city standard between Aspen St. and  Juniper St. The alley will be paved.  9TEN alleviates the blighting condition of inappropriate land  coverage with vacant land in the urban core through the addition of urban density workforce  housing. The project addresses the age obsolescence of vitrified clay sewer pipe that runs  underneath adjacent buildings by installing new city standard sewer pipe in the 8th Ave. right of  way. [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 supplies 2,100 SF of commercial space for office or retail jobs. The jobs have not  been specifically identified. Construction of the project will create short‐term employment in  the building trades. [1 of 3]  278 5 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 project adds new storefront block frontage standard sidewalks at the corner on Aspen St.  The new building will be ADA accessible. Pedestrian access and facilities will be dramatically  improved on Aspen St.  [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 housing and 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.      Covered bike parking is provided.   [1 of 2]    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 project meets the standard requirements of the City code for street trees, sidewalks and  water and sewer infrastructure. It provides a connection to and extension of the City’s fiber  optic conduit system. [1 of 2]    279 6 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 reduce the number of vehicular access points to the property. [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 project will bring Aspen St. up to City standards with curb, gutter, sidewalk, and street trees  adjacent to the UHaul property. The project is located on an undeveloped site and cannot  “improve” the street frontage where none currently exists. The project meets the code  requirements adjacent to the site.    [1 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 a storefront design with 12 foot  sidewalks and tree grates fronting Aspen St. The project includes street trees as well as meeting  sidewalk requirements. The project does improve the pedestrian experience by adding  sidewalks and street trees adjacent to UHaul and the Cat’s Paw. No landscaping plan was  submitted with this application. [1 of 3]    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 minimal  requirements of the UDC for architecture, site design, and landscaping. [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 90 residential units. [6 of 6]  280 7   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 2,100 SF of storefront commercial space as part of building 2. [2 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 not share parking among compatible uses. [0 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  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 includes 21 units that are deed restricted for affordability and deemed affordable  for individuals and/or families making 80% AMI. [6 of 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 9TEN project creates significant attainable workforce housing in the walkable and bikable  core of Bozeman. In this way, it supports multimodal transportation and reduces wider  281 8 infrastructure demand. The project includes ground floor commercial space and supports the  District goal of supporting urban density mixed land uses. 9TEN double fronts the corner of  Aspen St. and 8th Ave. and provides visual interest with compatible human scale urban design.    [5 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. [4 of 4]    The ratio of private investment to public investment for the project is 11.37:1    Total Points (38/53)  Findings on 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 Midtown Urban Renewal Plan adopted in 2015 made findings that mixed‐use  projects that included commercial and residential uses were in conformance with  the comprehensive 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  issuance of tax increment revenue bonds that could support this project.   282 9Ten Draft - pending confirmation of tax rates with County Treasurer Tax Increment Analysis March 23, 2021 Prepared by: Andy Parks, CPA Leland Consulting Group/GEL Oregon, Inc. on behalf of the City of Bozeman Economic Development Department Summary Applicant plans to build a mixed use; 90 unit condominum residential building located by North 8th, Aspen and Juniper streets. Applicant plans to invest approximately $26.825 million and is requesting $2.168 million from the Agency. * Return on Investment (ROI) * Estimated payback period, and The following schedule summarizes analysis findings: Estimated value of completed project 26,825,204$ Estimated capitalized interest - Included in estimated value Less: 2020 market value per assessor 537,256 Net estimated increase in value 26,287,948 Allocation of increase to residential 26,225,204 Allocation of increase to commercial 62,744 $600,000 (sales price) less existing 2020 value Estimated net increase in taxable value 355,226 TIF mill tax rate - estimated - FY 2025 576.33 Estimated incremental taxes (TIF) - annual 204,727 TIF investment 2,168,312 ROI - estimated 9.4% Estimated payback period (years)18.24 assumes 5.0% interest rate on advanced amount Private investment to public investment 11.37 Metric: Greater than 8 to 1 - commercial Greater than 5 to 1 - family wage jobs Assumptions Cost and timing information provided in application - except construction financing which is estimated Estimated start date 8/2021 Estimated completion 6/2023 Valuation The property valuation used in the analysis is based on the estimated construction and other uses provided by the applicant. The estimated sales price is greater than the estimated cost to complete the project. Different valuation methods include but are not limited to; income approach, sales comparisons, construction cost and Capital Asset Pricing Model. Analysis has been performed to determine: * Private investment to public investment Estimated value is less than the estimated sales prices of units https://itax.gallatin.mt.gov/detail.aspx?taxid=RGG1786 Greater than 10 to 1 - desired for multi- family 283 203151-MEMO-TIF Review-9TEN-03-20-2021.docx M E M O R A N D U M To: David Fine, City of Bozeman From: Brian Duffany and Tim Morzel, Economic & Planning Systems Subject: Bozeman URA TIF Request Review: 9TEN Date: March 19, 2021 This memorandum provides a summary of the analysis Economic & Planning Systems (EPS) has completed on the request for tax increment financing (TIF) assistance for the 9TEN mixed-use project. EPS has been contracted by the City of Bozeman to complete an evaluation of developer requests for TIF to evaluate key project assumptions, such as construction costs and sales revenues, as well as overall project feasibility. The purpose of this analysis is to evaluate the project’s financial performance to help the North 7th Urban Renewal Board determine if the request for TIF is financially justified and would not create an excessive windfall to the developer. This memorandum provides an overview of the evaluation criteria, an overview of the key inputs, and a summary of the key findings. Approach As part of the TIF application process, each project developer is required to submit a formal proposal that includes a project overview and cost and revenue estimates. These materials include a summary of the development program, construction costs, eligible costs, sales revenues, and any ongoing revenue and expenditure assumptions. Using this information as a starting point, EPS has structured a static and time series pro forma that summarizes this information as well as a number of other key project metrics such as project return. This analysis aligns with the approach used to evaluate past projects and provides a baseline for evaluating this project’s request for TIF. 284 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 2 Project Assumptions This section provides a summary of the development assumptions submitted by the development team and a comparison to current market conditions or industry standards. Development Program Location: Bounded by North 8th Avenue, Aspen and Juniper Streets Parcel Area: 1.62 acres (70,567 square feet) Stories: 4-stories Total Building Area: 92,000 square feet Commercial Program: 2,000 square feet of general commercial space For-Sale Residential Condos: The proposal contemplates 90 for-sale condos for this site. Of the total units, 21 units (23 percent of total) will be priced at 80 percent of area median income (AMI) and 69 units (77 percent of total) are anticipated to be priced at market rate prices. Sale Price: $337,197 for market rate units; $244,931 for 80% AMI units Purchase/Ownership Restrictions: The units priced at 80 percent of AMI will be available only to buyers who qualify in that income range, and the units should have a restrictive covenant or deed restriction that enforces that affordability level in perpetuity or an extended time period (e.g. 20 to 30 years). The owner has also volunteered to impose restrictions to disincentivize investment purchases and “flipping”. The developer would impose a deed restriction in which they recoup 50 percent of the re-sale profit if a unit is sold at a profit within 5 years of the original purchase. Project Costs (Summarized in Table 1) Land Costs Total: $2,500,000 Cost per Land SF: $27 per square foot Cost per Unit: $27,800 per unit Percent of Total Costs: 9.3 percent of total Comments: Land costs typically range from 10 to 20 percent of total project costs depending on the development type and local market. At 9.3 percent of total ($27,900 per unit), this project is slightly below that range. The lower land cost may indicate the fact that the property has lower visibility than properties with direct frontage on North 7th and has difficult access. From a TIF or public investment perspective, EPS suggests that the use of TIF would not be subsidizing land values or property owners in this case. 285 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 3 Hard Costs Total: $19,734,000 Cost per Square Foot (GBA): $215 per square foot Comments: Average construction costs in the larger market area have ranged from $175 to $225 per square foot. At $215 per square foot, this project falls just above that range. It is important to note that there has been considerable cost volatility and significant cost increases over the past 12 months. As an example, the average price of lumber in the US has increased roughly 70 percent over the 12 months. Due to a variety of local and national factors, construction costs may continue to escalate and may result in higher construction costs at actual time of construction. Soft Costs Total: $3,163,016 % of Hard Costs: 11.8 percent Comments: Generally, soft costs for mixed-use projects range from 20 to 30 percent of hard construction costs (vertical construction costs). At 11.8 percent of hard costs this project falls below that range indicating that the developer has been able to find cost efficiencies. 286 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 4 Table 1 Project Construction Cost Summary Description Total per unit per sf % of Total 90 units 92,000 sf LAND COSTS Land 2,500,000$ 27,778$ 27.17$ 9.3% Land Costs 2,500,000$ 27,778$ 27.17$ 9.3% TOTAL LAND COST 2,500,000$ 27,778$ 27.17$ 9.3% Horizontal Development Costs Land Development 1,428,188$ 15,869$ 176.32$ 5.3% Public Infrastructure Costs 1,396,188$ 15,513$ 172.37$ 5.2% C.O.B. Fiber Optic 32,000$ 356$ 3.95$ 0.1% TOTAL HORIZONTAL CONSTRUCTION COSTS 1,428,188$ 15,869$ 15.52$ 5.3% Vertical Development Costs Hard Costs 19,734,000$ 219,267$ 214.50$ 73.6% Construction Cost 17,940,000$ 199,333$ 195.00$ 66.9% Hard Cost Contingency 1,794,000$ 19,933$ 19.50$ 6.7% TOTAL VERTICAL CONSTRUCTION COSTS 19,734,000$ 219,267$ 214.50$ 73.6% Soft Costs General Soft 1,927,724$ 21,419$ 20.95$ 7.2% Architecture/Survey/Engineering/Review 804,000$ 8,933$ 8.74$ 3.0% Impact Fees 634,932$ 7,055$ 6.90$ 2.4% Permit Fee 200,000$ 2,222$ 2.17$ 0.7% Cash-In-Lieu pf Parkland 105,192$ 1,169$ 1.14$ 0.4% Misc (title, recording, Insurance)183,600$ 2,040$ 2.00$ 0.7% Financing Fees and Costs 1,235,292$ 13,725$ 13.43$ 4.6% Finance Costs 330,150$ 3,668$ 3.59$ 1.2% Loan Interest 905,142$ 10,057$ 9.84$ 3.4% TOTAL SOFT COSTS 3,163,016$ 35,145$ 34.38$ 11.8% TOTAL PROJECT COST 26,825,204$ 298,058$ 291.58$ 100.0% Source: Development Team; Economic & Planning Systems Z:\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]T-Cost 287 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 5 For-Sale Revenues (Summarized in Table 2) Gross Residential Revenue: $29,010,131 Comments: The affordable units at 80 percent of AMI will have pricing of approximately $245,000 per unit. Based on typical lending terms (4.0 percent interest rate, 5.0 percent down payment, and 30-year term), affordable home prices for households earning 80 percent AMI in Gallatin County are estimated at $241,000 for household sizes of 1.5 persons and $281,000 for household sizes of 2.5 persons. The average of roughly $245,000 is within this range. The average value for units priced at 110 percent AMI is estimated at $337,197 per unit. Net residential sales prices are reduced by 5.5 percent in order to account for fees and closing costs. Commercial Revenue: $600,000 Comments: The 2,000 square feet of commercial space has an estimated value of $300 per square foot. Net commercial sales prices are also reduced by 5.5 percent in order to account for fees and closing or leasing costs. Table 2 Program and Revenue Summary Description Units Square Feet % of Total Per Unit/SF Total COMMERCIAL General Commercial N/A 2,000 2%$300 $600,000 Subtotal N/A 2,000 2%$300 $600,000 RESIDENTIAL Condos - 80% AMI (Priced at 70% AMI) Studio 4 N/A 4%$181,630 $726,520 1-Bed 7 N/A 8%$221,983 $1,553,881 2-Bed 4 N/A 4%$262,156 $1,048,624 3-Bed 6 N/A 7%$302,420 $1,814,519 Total 21 N/A 23%$244,931 $5,143,544 Condos - 100% AMI (Priced at 90% AMI) Studio 0 N/A 0%$255,670 $0 1-Bed 0 N/A 0%$277,537 $0 2-Bed 0 N/A 0%$321,030 $0 3-Bed 0 N/A 0%$342,657 $0 Total 0 N/A 0%N/A $0 Condos - 110% AMI Studio 12 N/A 13%$249,741 $2,996,892 1-Bed 25 N/A 28%$305,103 $7,627,575 2-Bed 12 N/A 13%$360,465 $4,325,580 3-Bed 20 N/A 22%$415,827 $8,316,540 Total 69 N/A 77%$337,197 $23,266,587 Residential Subtotal 90 90,000 98%$315,668 $28,410,131 GROSS REVENUES 90 92,000 100%$29,010,131 NET REVENUE [1]$27,414,574 [1] Fees and commissions are estimated at 5.5 percent of total Source: Development Team; Economic & Planning Systems \\EgnyteDrive\epsys\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]T-Program 288 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 6 Project Return The performance of the project with and without public investment from TIF is evaluated with two approaches: a time series cash flow, and on a static basis. The time series evaluation estimates the project’s Net Present Value (NPV) and Internal Rate of Return (IRR) accounting for the time-value of money. The second approach is based on a static (single point in time) evaluation of the project’s total value and compares that to total construction costs. Project Feasibility Internal Rate of Return and Net Present Value The IRR is the percentage rate earned on each dollar invested for each period it is invested. The IRR is typically used by investors to compare alternative investments based on their potential rate of return. Mathematically, the IRR is an iterative calculation that determines the discount rate that results in a net present value (NPV) equal to zero. The NPV is the estimated value of all future cash flows of an investment discounted to the present. The NPV of a given series of cash flows is heavily dependent on an investor’s discount rate, which reflects an individual investor’s opportunity cost of capital. In other words, an investor’s discount rate reflects their expected rate of return for investments with a comparable level of risk. For the purpose of this analysis, the discount rate is used as a hurdle rate in determining an appropriate rate of return for a given project. When determining appropriate discount it is important to consider the following rates when building up to a project discount rate. • Inflation rate and the riskless rate of return (U.S. 10-Year Treasury Note rate of return) • General real estate risk (timing and market cycle risk) • Product type risk (i.e., multifamily, retail, office, etc.) • Market risk (geographic specific) • Amount of debt financing and cost of debt Without public investment the project achieves an unleveraged internal rate of return of 4.72 percent. The factors outlined above and the risks associated with this type of project, at this location, and in this phase of the real estate cycle warrant a unleveraged (all equity, no debt) discount rate of approximately 10.00 percent. While this estimate is somewhat subjective, it reflects a variety of market conditions and development risk factors. In order to achieve an internal rate of return of 10.00 percent the project requires approximately $1.8 million in public investment, as shown in Table 3. Accounting for developer debt financing, the project has a leveraged IRR of 3.92 percent and requires approximately $1.6 million in order to achieve a target leveraged hurdle rate of 17.50 percent. 289 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 7 Table 3 Time Series Pro Forma Description Factor Escalation Total Year 0 Year 1 Year 2 DEVELOPMENT COSTS Construction Completion 100%0%0% Construction Cost -$25,589,912 -$25,589,912 $0 $0 Land $2,500,000 2.0%-$2,500,000 -$2,500,000 $0 $0 Horizontal Development Costs $1,428,188 2.0%-$1,428,188 -$1,428,188 $0 $0 Vertical Development Costs $19,734,000 2.0%-$19,734,000 -$19,734,000 $0 $0 Soft Costs (Exc. Financing Cost)$1,927,724 2.0%-$1,927,724 -$1,927,724 $0 $0 Total Commercial Costs -$25,589,912 -$25,589,912 $0 $0 REVENUE Condo/Commercial Sales Schedule 0%50%50% Condo Sales $27,414,574 $0 $13,707,287 $13,707,287 Gross Condo Revenue $28,410,131 0.0%$28,410,131 $0 $14,205,065 $14,205,065 Gross Commercial Revenue $600,000 0.0%$600,000 $0 $300,000 $300,000 Taxes Condo Sales 0.0%N/A $0 $0 $0 $0 Sales Commissions 5.5%N/A -$1,595,557 $0 -$797,779 -$797,779 UNLEVERAGED PROJECT CASH FLOWS Net Project Cash Flows $1,824,662 -$25,589,912 $13,707,287 $13,707,287 Construction Costs -$25,589,912 -$25,589,912 $0 $0 Condo Sales $27,414,574 $0 $13,707,287 $13,707,287 Net Present Value 10.00%-$1,800,406 -$25,589,912 $12,461,170 $11,328,336 Internal Rate of Return 4.72% LEVERAGED PROJECT CASH FLOWS Developer Cash Flows $589,370 -$7,372,633 $0 $7,962,003 Construction Costs -$25,589,912 -$25,589,912 $0 $0 Finance Costs $330,150 -$330,150 -$330,150 $0 $0 Loan Interest $905,142 -$905,142 -$452,571 -$271,543 -$181,028 Construction Debt $19,000,000 2.0%$19,000,000 $19,000,000 $0 $0 Condo Sales $27,414,574 $0 $13,707,287 $13,707,287 Construction Loan Repayment -$19,000,000 $0 -$13,435,744 -$5,564,256 Net Present Value 17.50%-$1,605,678 -$7,372,633 $0 $5,766,955 Internal Rate of Return 3.92% Source: Economic & Planning Systems \\EgnyteDrive\epsys\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]T-Time Series 290 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 8 Static Project Feasibility Evaluating the project from a static perspective provides another indication of the project’s financial performance. This method compares the total project costs to the project’s net revenues. Here, the total value is calculated by netting the value (after sales commissions) of the revenues generated by condo sales and the commercial sales against total project costs. For this project a return on cost hurdle rate of 10.0 percent is used. Netting total condo sale revenues and commercial sale revenues of $27.41 million against estimated construction costs of $26.82 million results in a return on cost of 2.20 percent. In order to achieve a 10.0 percent return on cost, the project requires roughly $1.9 million in public investment, as shown in Table 4. Table 4 Static Financial Performance Eligible Improvements The developer has identified several eligible costs consistent with the North 7th URA policy, summarize in Table 5. Identified eligible improvements total approximately $2.2 million and include roughly $635,000 for city impact fees, $105,000 for parkland cash-in-lieu, $1.4 million for public right-of-way infrastructure upgrades, and $32,000 for the installation of fiber optic cables. Table 5 Eligible Improvements Description Amount Total Construction Costs $26,825,204 Net Revenues $27,414,574 Return on Cost 2.20% Return on Cost Hurdle 10.0% Revenue Target $24,922,340 Gap (-) / Surplus (+)-$1,902,864 Source: Development Team; Economic & Planning Systems \\EgnyteDrive\epsys\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]T-Static Eval (2) Description Amount % of Total CITY of BOZEMAN: Impact Fees $634,932 29.28% CITY of BOZEMAN Cash In Lieu of Parkland (61,158 SF @ $1.72 / SF)$105,192 4.85% Public R.O.W. Infrastructure Upgrades ( Juniper, Aspen & 8th )$1,396,188 64.39% Bozeman Fiber Optic ( 800 LF @$40 LF Est.)$32,000 1.48% TOTAL ELIGIBLE IMPROVEMENTS $2,168,312 100.00% Source: Development Team; Economic & Planning Systems \\EgnyteDrive\epsys\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]T-Elig Costs 291 Memorandum March 19, 2021 Bozeman TIF Review: 9TEN Page 9 Project Request The Developer is requesting $2,168,312 in TIF to fund eligible costs that include City impact fees and eligible right-of-way improvements around the site. Based on the three methodologies outlined above funds, EPS has estimated an average project gap of roughly $1.77 million, as shown in Table 6. With this level of subsidy the project achieves an unleveraged IRR of 9.9 percent, a leveraged IRR of 19.2 percent, and a return on cost of 9.4%. A TIF amount equating to the developer’s full request of $2.2 million results in an unleveraged IRR of 11.2 percent, a leveraged IRR of 23.7 percent, and a return on cost of 11.2%. While these rates of return are slightly higher than the identified target hurdle rates, they are still within a range that is reasonable for project rates of return in this market and would not represent a “windfall” for the developer. There are numerous factors that will influence the project’s actual performance, and the estimates here are in our opinion within a range of reasonableness given the risk and uncertainty associated with any real estate development project. The project is also providing public benefits in the form of permanently affordable housing, and is making efficient use of underutilized land consistent with the vision for North 7th. Table 6 Project Performance with TIF Description Subsidy Amount Target Return Actual Return Estimated Gap Unevered IRR $1,800,406 10.0%10.0%Unleveraged IRR Leveraged IRR $1,605,678 17.5%17.5%Leveraged IRR Static $1,902,864 10.0%10.0%Return on Cost Average $1,769,649 Return with Subsidy Average Estimated Gap $1,769,649 Unevered IRR 10.0%9.9%Unleveraged IRR Leveraged IRR 17.5%19.2%Leveraged IRR Static 10.0%9.4%Return on Cost Developer Request $2,168,312 Unevered IRR 10.0%11.2%Unleveraged IRR Leveraged IRR 17.5%23.7%Leveraged IRR Static 10.0%11.2%Return on Cost Source: Economic & Planning Systems \\EgnyteDrive\epsys\Shared\Projects\DEN\203151-Bozeman URA 9Ten TIF Review\Models\[203151-MODEL-9TEN-1-20-2021.xlsm]Sheet1 292 BOZEMAN MIDTOWN TIF ASSISTANCE REQUEST MAY 2019 Revised February 2021 9TEN mixed use 802-910 North 8th Avenue 293 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request Project Summary The 9TEN mixed use project site is located west of the North 7th Avenue U-Haul and southwest of Gallatin Valley Furniture. The project site is vacant and is generally bound by North 8th Avenue, Aspen and Juniper Streets. This infill project targets a best use scenario for the site by delivering higher density, smart -growth development with for-sale workforce and affordable housing near the core of Midtown. This project will provide much needed housing in a central location and will foster desirable, walkable urban living, especially as Midtown continues to evolve. Furthermore, this project will provide tenant amenities not common to most multifamily developments in the area. The development proposed consists of two buildings to be constructed in a single phase. A concept review application for this project was submitted to the City of Bozeman Office of Community Development on May 7th, 2019. At full build out the site will include two buildings totaling 105,600 sf and off-street parking. Building 1 is located on the north end of the site and consists entirely of residential condo units and tenant amenity space. Building 2 is located on the south end and consists of a mix of residential condo units and ground floor commercial space. 20 percent of the total residential units will be affordable, offered for sale at 80% AMI. The project will also provide open space and tenant amenities on site, both on ground level and in-building. The commercial space will front onto Aspen Street, providing an active and engaging streetscape. The project is seeking TIF assistance for public infrastructure, impact fees, and cash-in lieu of parkland cost associated with the development. The property abuts existing rights-of-way along Aspen Street, Eighth Avenue and a 20’ wide alley. However, there are currently no completed streets and limited utility infrastructure at this location. This project proposes to collaborate with the City of Bozeman to complete the infrastructure adjacent to this property. Anticipated improvements include new infrastructure at North 8th Avenue between Aspen and Juniper Streets, and completion/update of infrastructure along Aspen and Juniper Streets from North 7th to North 8th. This includes all necessary curb and gutter, sidewalks, water line extensions and stormwater infrastructure needed at these locations. Additionally, it is anticipated that the existing sewer line that runs in the alley to the east will need to be re-routed to some extent. This project will also extend Bozeman Fiber Optic to the site. It is anticipated the project would incur the burden of these costs initially, with eventual reimbursement via TIF Assistance Funds. 294 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request Project Summary Good Housing Partnership (GHP) is committed to extended outreach and marketing through local community partners in order to offer these units first to the local workforce, individuals and families that qualify within the 80% -120% AMI price range. This effort and process will be for the sale of the 20% deed restricted units as well as the other units. Additional restrictions will also be put into place in order to maximize the benefits to owner occupied housing and disincentivizing any immediate resales due to initial below market purchase. Another restriction will be through the prohibition of short-term rentals (less than 28 days) and a restriction that if a unit is sold for a profit within five years, GHP will be entitled to 50% of the net profit and will have the ability to waive this based on the circumstance. 295 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PROPERTY INFORMATION • • • • • • APPLICANT INFORMATION • • • • • • COMPANY PROFILE • • • • • • PROJECT INFO & DETAIL • • • • • • CRITERIA FOR TIF ASSISTANCE • • • • • • PROJECT NARRATIVE • • • • • • MAPS, EXHIBITS, PLANS PART 1 296 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request Property Address: 802-910 North 8th Avenue Legal Description: Lots 13-18 & south 35 feet of Lot 12, Block 12 of Durston’s 2nd Subdivision Property Owner 816 N 8th, LLC & Developer: Geoff Anderson 203.376.0746 geoffreympanderson@gmail.com Property Owner Good Housing Partnership & Developer: Geoff Anderson 406.414.6500 geoffanderson@goodhousingpartnership.com Project Intrinsik Architecture, Inc Representative: Attn: Scott Freimuth o. 406.582.8988 c. 719.330.9496 sfreimuth@intrinsikarchitecture.com PROPERTY & APPLICANT INFO 297 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request Geoff Anderson 02-22-2021 Same 298 9TEN mixed use Bozeman Midtown TIF Assistance Request Business Location: The project site is currently a vacant, undeveloped lot at 802-910 North 8th Avenue Year Business Established: 2018 (816 N 8th LLC) Type of Business 816 N 8th LLC is a development company Outline Business Plan: See following pages for Development revenue, tax generation, source, and use of funds. (Please note these are the best estimates and projections at this time). COMPANY PROFILE 299 9TEN mixed use Bozeman Midtown TIF Assistance Request TAX REVENUE Annual Tax Generation $249,923 TIF FUNDING Eligible TIF Funding Requested $2,168,312 PAYBACK PERIOD Estimated TIF Payback timeline 8.6 Years PROJECTED SALES REVENUE Gross Sales Revenue: Residential (See Below) $28,802,757 Gross Sales Revenue: Commercial (2,000 Net SF @ $300/SF) $600,000 Total Gross Sales Revenue (Less Fees) $27,785,605 RESIDENTIAL (CONDO) SALES REVENUE PROJECT REVENUE 300 9TEN mixed use Bozeman Midtown TIF Assistance Request SOURCES & USES OF FUNDS The 9TEN project will use and allocate funds and resources as outlined below. USE of FUNDS LAND (fair market value) $ 2,500,000 SOFT COSTS (Planning, Arch, Engineering, Entitle- ments) $804,000 CONSTRUCTION COSTS $17,940,000 HARD COST CONTINGENCY $1,794,000 IMPACT FEES $ 634,932 PERMIT FEES $ 200,000 CASH-IN-LIEU OF PARKLAND $105,192 MISC (Title, Recording, Insurance) $183,600 FINANCE COSTS (Origination, Lender Legal, Ap- praisal) $ 330,150 LOAN INTEREST $905,142 PUBLIC INFRASTRUCTURE COSTS $1,396,188 C.O.B. FIBER OPTIC $32,000 TOTAL $26,825,204 SOURCE of FUNDS (CONSTRUCTION) CONSTRUCTION LOAN $19,000,000 DEVELOPER EQUITY $7,825,204 TOTAL $26,825,204 301 9TEN mixed use Bozeman Midtown TIF Assistance Request Project Information: 9TEN is a mixed-use development consisting of two buildings: one an exclusively residential building with 45 units (Bldg 1) and a second mixed- use with commercial & 45 multi-household residential units (Bldg 2). Property Manager: 816 N 8th, LLC General Contractor: TBD Project Intrinsik Architecture, Inc Manager: Attn: Scott Freimuth 406.582.8988 sfreimuth@intrinsikarchitecture.com Property Status The property is currently vacant, undeveloped land. Type of TIF Assistance Sought Assistance with Public Infrastructure Costs, Impact Fees, CILP, Bozeman Fiber Optic Value of TIF Assistance Sought $2,168,312 PROJECT INFO & DETAILS Project 9TEN mixed use The subject site (1.62 acres) is vacant land on the SW portion of the block between N Seventh & N Eighth Avenues and Juniper & Aspen Streets. The site is adjacent to the current U-Haul store and Gallatin Valley Furniture. The site is currently vacant and lacks adjacent infrastructure. This project seeks to complete the block with streets and infrastructure in addition to new Site: Estimated Occupancy: Summer 2023 302 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request $31,162,872 303 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request CRITERIA FOR TIF ASSISTANCE PROMOTE ECONOMIC DEVELOPMENT 1. Tax Generation: The two building, totaling 92,00 SF and including 90 condo units and 2,100 sf of commercial space will significantly increase the tax base for the site. Further, the addition of this development from a vacant lot to a vibrant mix used campus will increase the property values for adjacent sites, thus increasing the overall tax generation for the area. 2. Elimination of Blight: Currently the site is vacant, undeveloped land and the adjacent rights-of-way (ROW) are incomplete. Adjacent lots (U-Haul, Cat’s Paw) and ROW contain infrastructure that does not meet current City standards, including a lack of sidewalks, curb and gutter, standard access points, etc... The development of this site will build out the City block generally encompassed by Juniper & Aspen Streets and 7th & 8th Avenues complete with standard sidewalks, improved drive access points, boulevard tree plantings and street lights. This infrastructure will create safer and more and pedestrian friendly streetscapes, and replacing vacant land with an active mixed-use will foster a more vibrant destination consistent with the goals of the district. 3. Employment Generation: The project development itself will create jobs in the form of design and construction opportunities for local businesses. Upon final build out, the commercial space, totaling 2,100 sf, will generate office or retail based jobs. Additionally, property management and maintenance positions will be required for the post-occupancy operations and upkeep. 4/4 4/4 1/3 304 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request CRITERIA FOR TIF ASSISTANCE IMPROVE MULTI-MODAL TRANSPORTATION 4. Facilitate Public Health & Mobility: This project will provide equal accessibility throughout the buildings, site, and streetscape by meeting or exceeding current ADA design requirements. two Type A accessible condo units will be provided and the remainder of the units will be designed to be Type B adaptable units, providing flexibility for any unit in the development to be upgraded with accessible features. Additionally, an elevator will be provided in each building for accessible access to all floors and amenity areas. 5. Reduces Resource Demand: The Blue Line bus stop is only a few blocks away (less than .15 miles) and allows riders to access the transfer station downtown in under 10 minutes and then connect to the other lines headed for other destinations in the city. With these planned densities, ride sharing opportunities are probable, as is bicycle transport. 6. Promotes Active Transportation: This project seeks to promote Bicycle transport given proximity to downtown and area amenities by providing covered bike parking and a bicycle repair facility as an amenity to the tenants. IMPROVE, MAINTAIN and SUPPORT INNOVATION IN INFRASTRUCTURE 7. Infrastructure Improvements: The project proposes to complete streets, sidewalks, and utilities to complete the public infrastructure for the block. At this time, standard systems are anticipated all on- site infrastructure. 1/1 1/1 1/2 0/2 305 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request CRITERIA FOR TIF ASSISTANCE PROMOTE UNIFIED HUMAN SCALE URBAN DESIGN 8. Reduced Vehicular Access: There are three main vehicular access points via the alley at the rear of the site, designed to consolidate access points while moves vehicular access to the rear of the buildings and away from the Pedestrian circulation on Aspen Street and Eighth Avenue. 9. Enhances 7th Ave Entry Corridor: The proposed project does not front directly onto North 7th Avenue. However, the commercial space is located on the Aspen Street frontage and utilizes storefront block frontage design features (see item 10) to activate this streetscape and provide a visual connection to 7th and the surrounding corridor. Although set back with landscape frontage, the building facades along 8th avenue are oriented towards the street. An active landscaped open space is proposed to serve as a both a buffer from ground floor dwelling units and the street as well as to engage pedestrians along 8th. 10. Street Frontage: As mentioned above, Building 2 will adhere to Storefront Block standards along Aspen street, promoting pedestrian activity with 12’ wide sidewalks, weather protection, and expansive storefront glazing. The overall site configuration highlights the pedestrian oriented street façade and prioritizes pedestrian access. Furthermore, setbacks and landscaping along 8th will exceed the requirements of the Bozeman UDC and landscaped and urban plazas are placed directly adjacent to the sidewalks at building entries. 11. Quality of Development: The design intent is to exceed the Bozeman UDC requirements in order to provide thoughtful and living units. This includes specific tenant amenity spaces unique to the site and project as well as enhanced open space including a variety of landscaped areas and plaza spaces. 1/2 1/2 1/1 6/6 306 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request SUPPORT COMPATIBLE URBAN DESNITY MIXED LAND USES 12. Increases Housing Units: This project proposes 45 units in Building One and 45 units Building two, for a total of 90 dwelling units of workforce housing including 10 much needed affordable units. This will include a mix of Studio, 1, 2. & 3 bedroom units. 13. Mixed Use: Building two includes 2,100 sf of commercial on the ground floor along with 45 multi-household dwelling units on the subsequent three floors. The project as a whole places multiple households in the heart of the Midtown district, walkable to multiple commercial and retail destinations, and encouraging future development. 14. Shared Parking: The project currently does not have a shared parking component. It will be providing, at a minimum, the required parking B-2M zoning requirements; as opposed to providing no or limited parking as currently allowed in the Midtown District. The applicant may explore a shared parking agreement with adjacent properties in the future. 15. Provides Affordable Housing: This project is anticipated to provide 21 units (23% of total units) offered for sale at 80% AMI. OVERALL DISTRICT RELEVANCE 16. Relevance to the MURD: This project touches on the major goals and objectives identified in the Midtown Urban Renewal Plan: Specifically, 9TEN will promote economic development; improve opportunities for multimodal transportation; promote unified, human scale urban design and support compatible urban density mixed land uses. 4/6 0/2 3/3 5/5 4/4 TOTAL POINTS: 40/52 307 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PROJECT NARRATIVE Intro This project consists of a 1.62 acre site zoned B-2M located along North 8th Avenue between Aspen and Juniper Streets. The 816 North 8th Avenue project consists of two 4-story buildings and related site improvements. Building 1 is exclusively residential and Building 2 provides ground floor space, and multi- household residential. Building 1 totals 52,800 gross sf and includes 45 dwelling units and 3,550 sf of tenant amenity space. Building 2 totals 52,800 gross sf and includes 45 dwelling units, 2,550 sf of ground floor commercial, and 1,000 sf of tenant amenity space. This application seeks TIF assistance for Impact fees for both buildings, as well as costs to build out non-existent street and utility infrastructure adjacent to the property. A concept review application for this project was submitted to the City of Bozeman Office of Community Development on May 7, 2019. Building Design Upon full build out, the site will include off-street parking, a residential building, and a building with a mix of residential units and ground floor commercial space, as well as open space and tenant amenities. The commercial space will front onto East Aspen Street, providing an active and engaging storefront for pedestrians. The commercial space will be built as shell space with the flexibility to accommodate a single large or several smaller commercial tenants. The remainder of the building will house dwelling units, which at this time are anticipated to be a mix of Studio, 1, 2, and 3 bedroom units. Preliminarily, this project will include 45 units in Building 2 and 45 units in Building 1. Open space for tenants will be provided by a mix of private balconies, in-building amenity space, and ground-level open space. Building 1 will include the fourth floor roof- top amenity space for tenants. Additionally, Building 1 will house ground level lobbies with workstations and lounge space, and additional tenant amenity areas. 308 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PROJECT NARRATIVE Anticipated Infrastructure improvements The public right-of-way abuts the property on all sides, but the streets are not complete and the utility infrastructure at these locations is minimal. This project proposes to collaborate with the City of Bozeman to complete the infrastructure adjacent to this property. Anticipated improvements include paving, curbs, gutter and public sidewalks of North 8th Avenue between Aspen and Juniper Streets. Additional improvements along Aspen and Juniper Streets from North 7th to North 8th are anticipated. This includes the water, sewer, and stormwater infrastructure needed at these locations. Additionally, it is anticipated that the existing sewer line that runs in the alley to the east will need to be re-routed to some extent. It is anticipated the project will incur the burden of these costs with some sort of payback program with the city and through the TIF assistance program. Access and Parking Both Building 1 and 2 will front on North 8th Avenue, where the primary residential entrances will be located. A central drive access is located in between the two buildings. Surface parking will flank the entire length of the east side of the property, accessible via the Alley, as well as along the central drive, and alley to the North of the site. The Alley will be accessed by the Aspen street to the south as well as a west entrance to the north of the property. Schedule With necessary approvals, construction of streets and infrastructure will begin summer 2021 with building construction beginning in fall 2021, and a target completion date of summer 2023. 309 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request MAPS, EXHIBITS, PLANS 310 9TEN mixed use Bozeman Midtown TIF Assistance Request SITE SURVEY 311 9TEN mixed use Bozeman Midtown TIF Assistance Request SITE DIAGRAM & VICINITY 312 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request Conceptual Aerial Perspective looking East Conceptual Aerial Perspective Looking West PERSPECTIVE IMAGES 313 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PERSPECTIVE IMAGES Conceptual Perspective from Southwest Conceptual Perspective From Northwest 314 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PERSPECTIVE IMAGES Conceptual Perspective From Northeast Conceptual Perspective From Southeast 315 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request CONCEPTUAL SITE PLAN N 316 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request FLOOR PLANS N BUILDING 1 LEVEL 1 FLOOR PLAN BUILDING 1 LEVEL 4 FLOOR PLAN 317 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request FLOOR PLANS BUILDING 2 LEVEL 1 FLOOR PLAN N BUILDING 1 LEVELS 2,3,4 & BUILDING 2 LEVEL 2,3 FLOOR PLAN 318 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PART 2 PROJECT TIMELINE • • • • • • PUBLIC BENEFITS • • • • • • PROJECT FINANCIAL INFORMATION 319 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request 320 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request 321 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request Projected Project Milestones Infrastructure entitlements submittal May 15, 2021 Development entitlements submittal (Site Plan) May 15, 2021 Start of infrastructure construction Aug. 1, 2021 Development Building Permit Submittal Aug. 15, 2021 Start of development Construction Nov. 1, 2021 Est. completion of infrastructure construction May. 1 ,2023 Est. completion of development construction (occupancy) June 1, 2023 322 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request PUBLIC BENEFIT Re-occupancy of Vacant Land This lot has historically been vacant, so this isn’t re-occupancy in the true sense. However, the addition of this project will complete the block making the area more vibrant, desirable and walkable. Project infrastructure will contribute to “completing” Aspen and Juniper Streets. Additionally, Aspen Street is a designated “Storefront” block frontage, and the streetscape will be reflective of that with wider sidewalks and an activated streetscape. Elimination of Blight Currently the parking lots, sidewalks and curbs in and around the site are not up to city standards and are unsafe. As part of this project and site development, infrastructure will contribute to complete and improve conditions on Aspen & Juniper Streets. Rather than unsightly, vanishing streets to nowhere, the block will be completed and built to City Engineering Standards. This means pedestrian friendly routes, sidewalks and boulevard tree plantings. Clearly defined ground level spaces will surround the new buildings providing office and retails spaces along with a mixture of multi-household workforce living units. Creation of New Office/Retail Spaces Building 2 includes 2,550 sf of ground level commercial space. The use(s) is TBD, but it will be well suited for office or retail space with a highly visible location in the Midtown corridor. 323 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request Urban Living Options This project proposes a variety of dwelling types including Studio, 1,2, & 3 bedroom units. The design of the building and layout of dwelling units will maximize natural light coupled with surrounding views of the mountains encompassing the valley. This site is located in the heart of Midtown and residents will enjoy many options to access local eateries, music venues, services, bus lines, schools and Downtown. Health and Mobility Site development will modernize this block and area of the Midtown Corridor. It is close to the Blue Line and easily accessible for pedestrians, cyclists, bus riders and drivers alike. The site will include accessible facilities and a green space for passive recreation and enjoyment. Its proximity to other Midtown Amenities and the urban sidewalk network make it an easy destination to access. Site improvements will also create a clean, safe and inviting location within the district. Increased Tax Revenue This project development will translate into new property tax revenues that contribute to future Midtown projects. A breakdown of the anticipated tax projections are as follows: Projected Annual Taxes: $ 249,923 Payback to TIF (8 years): $2,168,312 New Jobs and Local Sales The project development itself will create jobs in the form of design and construction opportunities for local businesses. Upon final build out, the commercial space, totaling 2,550 sf, will generate office or retail based jobs. Additionally, property management and maintenance positions will be PUBLIC BENEFIT 324 Residential Mixed-Use In- 9TEN mixed use Bozeman Midtown TIF Assistance Request 325 9TEN mixed use Bozeman Midtown TIF Assistance Request 326 Concept Review: 816 North 8th Residential Urban Infill 9TEN mixed use Bozeman Midtown TIF Assistance Request TIF ELIGIBLE EXPENSES Description Amount CITY of BOZEMAN: Impact Fees $634,932 CITY of BOZEMAN Cash In Lieu of Parkland (61,158 SF @ $1.72 / SF) $105,192 Public R.O.W. Infrastructure Upgrades ( Juniper, Aspen & 8th ) $1,396,188 Bozeman Fiber Optic ( 800 LF @$40 LF Est.) $32,000 TOTAL $2,168,312 327 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Addi Jadin, Park Planning and Development Manager Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-judicial) MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Commission Recommended Motion 1 (Park Master Plan): 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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. 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 report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the south side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern boundary. The application proposes the subdivision into 190 lots; 127 single household residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots. The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site Plan application no. 20292, as 328 required by REMU zoning, has been forwarded to the Director of Community Development for approval on May 17, 2021. The property is currently unoccupied and has been historically used for agriculture. There are multiple watercourses present on the property, running north-south, with associated wetlands. Blackwood Groves is set to be a mixed-use community that will include a variety of housing types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails developed over nine phases. There town center area of the site is located in the center of the development. Commercial uses cannot exceed 30% of the total gross building square footage within the REMU zone district. The purpose of the REMU zone district is to establish an area that is mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood service opportunities. All developable lots excluding single family and rowhome lots of 5 and less within this subdivision will require further development review and public notice prior to building permit issuance. The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and an additional 7.48 of non-qualifying land within the parks if accepted by City Commission (storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of required parkland, the proposal includes improvements equivalent in value to 5.42 acres. The developer proposes to provide the improvements-in-lieu that would be required for future lot development as the subdivision phases are constructed. The parkland is primarily organized around a few key features: the extension of the Gallagator Trail along its planned route which coincides with a watercourse for the length of the subdivision, a mature tree grove along an irrigation ditch that also runs north-south, and the desire to disperse activated parkland throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board (RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval on April 23, 2021 (per RPAB bylaws, the park master plan was not reviewed by the larger board). The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on April 29, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. The Planning Board reviewed this application on Monday, May 17 and recommended approval 5-0. The members of the Planning Board discussed their appreciation to the variety of housing proposed within the development, the mix of uses, and the abundant amount of trails, parks, and open space. They also found that the development meets the goals of the Growth Policy. Recording of the meeting can be found at the following link: https://bozeman.granicus.com/player/clip/89?view_id=1&redirect=true 329 Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’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. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:None Attachments: 20447 CC Staff Report.docx Report compiled on: May 18, 2021 330 Page 1 of 35 20447, Staff Report for the Blackwood Groves Major Subdivision Public Hearing Date:Planning Board May 17, 2021 at 6:00 via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, May 25, 2021 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: Preliminary plat to create a major subdivision for a mixed use community that includes 127 single household residential lots, 14 multi-household residential lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots on 119.45 acres. The property is zoned REMU. Project Location:South of Alder Creek Drive, East of South 19th Avenue, West of Hidden Springs Lake. RW Sec 24 & N2N2NW4 Sec 25, RW Sec 24 & N2N2NW4 Sec 25, City of Bozeman, Gallatin County, MT. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board 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 20447 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommended Motion 1 (Park Master Plan):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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: May 17, 2021 Staff Contact:Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Addi Jadin, Parks Planning and Development Manager Agenda Item Type: Action (Quasi-judicial) 331 20447, Staff Report Blackwood Groves Major Subdivision Page 2 of 35 EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. The property owner and applicant made application to develop the vacant property on the south side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern boundary. The application proposes the subdivision into 190 lots; 127 single household residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City Park lots. The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site Plan application no. 20292, as required by REMU zoning, has been forwarded to the Director of Community Development for approval on May 17, 2021. The property is currently unoccupied and has been historically used for agriculture. There are multiple watercourses present on the property, running north-south, with associated wetlands. Blackwood Groves is set to be a mixed-use community that will include a variety of housing types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails developed over nine phases. There town center area of the site is located in the center of the development. Commercial uses cannot exceed 30% of the total gross building square footage within the REMU zone district. The purpose of the REMU zone district is to establish an area that is mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood service opportunities. All developable lots excluding single family and rowhome lots of 5 and less within this subdivision will require further development review and public notice prior to building permit issuance. The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and an additional 7.48 of non-qualifying land within the parks if accepted by City Commission (storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of required parkland, the proposal includes improvements equivalent in value to 5.42 acres. The developer proposes to provide the improvements-in-lieu that would be required for future lot development as the subdivision phases are constructed. The parkland is primarily organized around a few key features: the extension of the Gallagator Trail along its planned route which coincides with a watercourse for the length of the subdivision, a mature tree grove along an irrigation ditch that also runs north-south, and the desire to disperse activated parkland throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board 332 20447, Staff Report Blackwood Groves Major Subdivision Page 3 of 35 (RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks master plan for the development with recommended conditions of approval on April 23, 2021 (per RPAB bylaws, the park master plan was not reviewed by the larger board). The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on April 29, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 2021, unless there is a written extension from the developer, not to exceed one year. The Planning Board reviewed this application on Monday, May 17 and recommended approval 5-0. The members of the Planning Board discussed their appreciation to the variety of housing proposed within the development, the mix of uses, and the abundant amount of trails, parks, and open space. They also found that the development meets the goals of the Growth Policy. Recording of the meeting can be found at the following link: https://bozeman.granicus.com/player/clip/89?view_id=1&redirect=true Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’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. This alternative is requested if the Commission wishes to amend or add conditions of approval. 333 20447, Staff Report Blackwood Groves Major Subdivision Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues............................................................................................................... 2 Project Summary................................................................................................................. 2 Alternatives......................................................................................................................... 3 SECTION 1 - MAP SERIES.......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL.......................................... 11 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS.......................................... 22 SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 22 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC..................... 22 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24 Preliminary Plat Supplements........................................................................................... 28 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 32 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 33 APPENDIX C – PROJECT BACKGROUND............................................................................. 35 APPENDIX D - OWNER INFORMATION................................................................................ 35 ATTACHMENTS......................................................................................................................... 35 334 20447, Staff Report Blackwood Groves Major Subdivision Page 5 of 35 SECTION 1 -MAP SERIES Figure 1. Zoning classification 335 Page 6 of 35 Figure 2. Preliminary Plat 336 20447, Staff Report Blackwood Groves Major Subdivision Page 7 of 35 Figure 3. Wetland Exhibit 337 20447, Staff Report Blackwood Groves Major Subdivision Page 8 of 35 Figure 4. Land Use Plan 338 20447, Staff Report Blackwood Groves Major Subdivision Page 9 of 35 Figure 5. Conceptual Plan 339 20447, Staff Report Blackwood Groves Major Subdivision Page 10 of 35 Figure 6. Pedestrian Circulation 340 Page 11 of 35 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1.BMC 38.220.070. The applicant shall 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. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 2.BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 3.BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 4.BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5.BMC 38.240.410. The certificate of dedication on the final plat shall include the specific names of the streets dedicated to the public for which the City accepts responsibility. 6. In order to disclose to future purchasers their obligations regarding open space established in the municipal code, the following language must be included on the Conditions of Approval Sheet of the final plat. 341 20447, Staff Report Blackwood Groves Major Subdivision Page 12 of 35 As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, the property owners’ association is responsible for ownership, maintenance, and city assessments levied on all common open space lands and trails. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, 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 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 Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion. Purchasers are by this note advised of obligations and duties.” 7.BMC 38.220.020.A. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S.Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 8.BMC 38.240.530. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 9.BMC 38.240.150.A. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owner’s association shall be transferred to the property owner’s association in conjunction with the final plat. All wells shall include a meter or other device to determine consumption. 10.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). 11.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 parcels, is the responsibility of the property owners’ association (POA). 12.With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on the preliminary plat, page 7 identified by legal description that includes setback requirements, watercourse setback zones, building area, and landscape/watercourse setback planting requirements. 342 20447, Staff Report Blackwood Groves Major Subdivision Page 13 of 35 13.BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language should be included in the Final Design Manual and Covenants. 14.BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or fencing can be installed within an access or utility easement granted to the City of Bozeman without written consent of the City of Bozeman. With final covenants, include a statement that says that no landscaping (such as trees or bushes) or fencing can be installed within the utility or access easement. 15.BMC 38.220.070 -The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a.BMC 38.220.320.A. The responsibility of maintenance for the stormwater facilities including those in public parks, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b.BMC 38.410.060.C. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. c.No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. d.A median is the portion of the roadway separating opposing directions of the roadway, or local lanes from through travel lanes. All medians within the subdivision are to be maintained by the property owners association. A separate City approved maintenance agreement must be recorded with the 343 20447, Staff Report Blackwood Groves Major Subdivision Page 14 of 35 Clerk and County recorder and incorporated into the subdivisions Covenants, Conditions & Restrictions. e.The back-in angled parking is to be maintained by the property owners association which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angled parking spaces. f.Although an easement or parkland dedication is required at the time of final plat, the Parks and Recreation Department does not assume maintenance responsibility for parkland and improvements until after Final Plat and until the park meets requirements of 38.420.080 and the approved park master plan, all conditions of approval for the subdivision or park master plan are completed, and written acknowledgement of final acceptance has been provided by the City. g.Every owner of land fronting or abutting on a paved sidewalk or other path within a park and connected to said sidewalk or path via a pedestrian pathway shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land within 24 hours. However, in the event the superintendent of parks determines the snow and ice on a sidewalk cannot be reasonably removed, the superintendent may require the use of sand or other suitable substance to make pedestrian travel reasonably safe. In that event, however, the sidewalk will be thoroughly cleaned as soon as the weather permits. 16. The applicant must file the City approved maintenance agreement with the County Clerk and Recorder, have a note added to the Conditions of Approval Sheet that identifies the maintenance requirements and responsibilities of the back-in angled parking spaces, and include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to Final Plat Approval. 17.A 1 foot no access strip shall be placed along all lots fronting on South 19th Street. 18.A 1 foot no access strip shall be placed along all lots fronting on South 11th Street. 19.A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road. 20.BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 21.BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage designation the applicant must demonstrate alternative means to supply dry utilities and easements through and within such lots prior to Final Plat Approval. 22.BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company (MCDC) must be provided prior to Final Plat Approval of the first phase of the development. The agreement must describe the necessary easement width for maintenance of the ditch. The 344 20447, Staff Report Blackwood Groves Major Subdivision Page 15 of 35 applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10 foot wide standard ditch maintenance easement would be required. The applicant is advised that if an agreement cannot be reached with MCDC the configuration and layout of the proposed subdivision could change and can proceed at their own risk. 23.The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The applicant must pay the payback fees prior Final Plat Approval. 24.A road connection to South 19th Avenue must occur with the first phase of the development prior to Final Plat Approval. 25.BMC 38.400.010 -South 11th and Blackwood Road must be constructed to a collector standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be provided for all intersections deemed necessary by City Engineering in Blackwood Road and South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the infrastructure submittal plan set. 26. A maintenance access easement from the City is required for developer/POA access to stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance. 27. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility of the POA or adjacent property owner. 29. A preconstruction meeting with thePark Division is requiredprior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. The final plat must 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). 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. 345 20447, Staff Report Blackwood Groves Major Subdivision Page 16 of 35 2.BMC 38.100.080.A.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. 3.BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 4.BMC 38.270.030. 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 site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 5.BMC 38.400.090. Street easements must be provided for all streets identified in the underling Master Site Plan must be provided prior to each subsequent phase final plat approval to ensure access is provided to all lots. The easements must be reviewed and approved by the City. The easement must be provided using the City’s standard language for a public street and utility easement. 10 foot utility easements must be provided along all street frontage unless all effected utility companies (provided service to the development) provided written documentation that the easements are not required prior to final plat approval. 6.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. (1) 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 property owners' association (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. (2) 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 attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. 346 20447, Staff Report Blackwood Groves Major Subdivision Page 17 of 35 c. (3) 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. (4) 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. 7.BMC 38.270.030,Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 8.BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 9.BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 10.BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications Certificate from the non-public improvements certificate and match the language in this section. 11.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. 12.BMC 38.220.020 & 38.610.050 -Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval. 13.BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch water main (CIP Number: FP_1347) to the southwest corner of the subject property along S 19th Ave. The identified 12 inch main must extended through subject property and connect to the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main 347 20447, Staff Report Blackwood Groves Major Subdivision Page 18 of 35 may follow the proposed water main alignment along Street E and Avenue A and must be included within the infrastructure submittal plan set. 14.BMC 38.410.040.Provide design sections for mid-block pedestrian crossings through park 14, open space D, park 5, park 3, and open space B with the final plat. These crossings require 1 tree for every 50 feet per 38.550.050.D. 15.BMC 38.410.130 -Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. 16.BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts prior to final plat. 17.BMC 38.410.100.With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 18.BMC 38.220.020, The developer must provide the community development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site and/or final plat approval, whichever is sooner. 19.BMC 38.240.050,Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 20.BMC 38.240.420, Mortgagee.If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 21.BMC 38.410.060.A 10-foot utility easement located within the front yard setbacks along Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO standards. 22.BMC 38.410.060. Remove the pond on block 22 from the access easement with the final plat. 23.BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side of block 8 adjacent to the proposed sidewalk. 24.BMC 38.270.030.B.3.Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the lighting the Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat 348 20447, Staff Report Blackwood Groves Major Subdivision Page 19 of 35 application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 25.BMC 38.410.120, If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 26.BMC 38.420.020.D.To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the initial phase of the development. If necessary, this may be accomplished through the grant of public access easements during later phases. 27.BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of land dedication, the amount must be stated on the final plat. 28.BMC 38.420.080.B.The park boundary bordering all private lots must be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the planning or other appropriate department. 29.BMC 38.420.080.D.Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located within public parkland, but such areas do not count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the normal use and maintenance of the park. Stormwater retention or detention ponds must be maintained by the property owners' association. 30.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 any open space lots is required prior to final plat approval or must be financially guaranteed. 31.BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation pathways, to provide adequate multimodal transportation facilities within the development, as part of the required development improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and include the following types of facilities: a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block frontage designation); b. On-street bike lanes and bike routes; 349 20447, Staff Report Blackwood Groves Major Subdivision Page 20 of 35 c. Boulevard trails; and d. Class I trails; 32. With the exception of trail corridors within required watercourse setbacks, corridors for Class I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and a. Pathways that connect community or neighborhood commercial nodes by a reasonably direct route; or b. Pathways that connect major residential, employment, educational, or other service nodes by a reasonably direct route. 33.BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 34.BMC 38.410.080.D,Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned by the City and maintained by the property owners’ association and noted accordingly in the protective covenants. 35.BMC 38.220.320,Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed 350 20447, Staff Report Blackwood Groves Major Subdivision Page 21 of 35 and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. 36.BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered with live vegetation appropriate for the depth and design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. 37.BMC 38.410.060 - All easements must be provided using the City standard language and the applicant must provide an owner executed original easement to the City prior to Final Plat approval. The following easements have been identified in the application: a. Sewer and Water pipeline access easement for the mains intended to service the development. b. Public access easement(s) for onsite trail/open space and midblock crossing for open space D open space B c. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new member is established, the easement documents must be updated. 38.BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. 39.BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show the following certificate: Certificate accepting cash donation in-lieu of land dedication Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu, in the amount of _______________ dollars, be accepted in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code. 351 20447, Staff Report Blackwood Groves Major Subdivision Page 22 of 35 DATED this _______ day of _______, _______. _______________________ Signature City of Bozeman Director of Parks and Recreation SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on April 28, 2021. The Recreation and Parks Advisory Board Subdivision Review Committee reviewed and recommended approval of the proposed subdivision and parks master plan as outlined in the application and with the conditions and code provisions in this report on April 23, 2021. Public hearing date for the Planning Board is on May 17, 2021 at 6:00pm. The hearing will be held via WebEx with a WebEx link provided with the Planning Board agenda. Public hearing date for the City Commission is May 25, 2021 at 6:00 PM. The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - 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.A.5.b, 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 outlined in code provision number 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a 352 20447, Staff Report Blackwood Groves Major Subdivision Page 23 of 35 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 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on January 8, 2021 and was deemed inadequate for further review on February 11, 2021. Revised application materials were received on March 31, 2021. The City deemed the application adequate for review on April 29, 2021. Public hearings are scheduled for May 17 and May 25, 2021. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. 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 must forward a recommendation in a report 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 80 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by August 19, 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 and no comment was received as of the issuance of this staff report. On May 13, 2021 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 Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision 5, 21, 23 and 33 state that utility easements need to be provided along front yards and are to be granted with the final plat in accordance with standards. Access must be provided to all sanitary sewer lines and manholes 353 20447, Staff Report Blackwood Groves Major Subdivision Page 24 of 35 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 The final plat will provide legal and physical access to each parcel within the developable area. Local streets are identified as Street A, Street B, Street C, Street D, Street E, Avenue A, Avenue B, Avenue C, South 15th Avenue, and Spring Creek Drive. South 11th Avenue and Blackwood Road are identified as Collector streets. The proposed lots either have frontage to a public street or onto a linear park with alley access. Physical access to each lot is proposed via public streets and/or a public access and utility easement. The final plat musts containastatementrequiringlot accessesto bebuilt tothestandards contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications per BMC requirements. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture. The subject property is designated as Residential Mixed Use according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development. The property has been producing alfalfa and will continue to farm alfalfa as the phases are developed. Farming operations will cease at full build-out of the project which will ultimately result in the loss of approximately 100-acres of alfalfa cultivation within this area. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. All agricultural water user facilities on and adjacent to the project will be protected. The property contains five waterways, all which are irrigation ditch laterals of the Middle Creek Ditch Company. A ditch maintenance agreement is required to be provided prior to final plat to describe the necessary easement width for maintenance of the ditch as outlined in condition of approval number 27. Wetlands exist adjacent to the watercourses and are preliminarily determined to be non-jurisdictional as outlined in Appendix O, Watercourse Summary Memo from the U.S. Army Corps. 3) The effect on Local services Water/Sewer – Water capacity exists to serve the subdivision. The subdivider proposes to extend water and sewer mains within all local and collector streets within the subdivision. Code provision 8 requires a city standard sewer easement where the sewer system is located. Code provision 3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights as outlined in code provision 6. 354 20447, Staff Report Blackwood Groves Major Subdivision Page 25 of 35 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 for the layout utilizes South 19 th Avenue (arterial), Blackwood Road (future collector), and South 11th Avenue (collector) to provide primary site connectivity. Condition of approval 24 requires a connection to 19 th Avenue with the first phase. Other internal local streets provide access to all lots. Furthermore, street easements must be provided for all streets identified in the underlying master site plan approval to ensure access is provided to all lots within the subdivision, and provide predictability for future subdivision development. Code provision 5 details this requirement. Most streets are proposed to be constructed to city standards and the City accepts maintenance for all streets with the exception of Street B in between S. 11 th Avenue and South 15th Avenue (where back in angled parking exists) which will be maintained by the POA as outlined in condition of approval 15e. Street lighting is a component of the required street improvements. A special improvement lighting district is proposed to maintain these facilities. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. The responsibility of the stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined in condition of approval 10 and 11. Inspection of installed facilities prior to final plat will verify that standards have been met. Parklands - The proposal meets the required park dedication and improvement standards with conditions and code provisions if the parks master plan is approved by the Commission. The park master plan is comprised of 16 dedicated parks (4 neighborhood parks and 12 linear parks) which total 18.34 acres of parkland (10.86 unrestricted, 6.70 acres within wetlands areas and the zone 1 and 2 watercourse setback areas, 0.77 acres utilized by storm water storage ponds and access easements). The unrestricted/qualifying parkland is 10.86 acres, which is 2 acres short of the parkland requirement of 12.86 acres. To make up for the 2-acre deficit, the applicant proposes improvements-in-lieu of 5.42 acres. See Appendix E for parks-related tracking tables and preliminary park site plans to be finally reviewed prior to preconstruction meetings as outlined in conditions 26, 27, 28, and 29. Parks 1 and 2 are located on the eastern side of the Blackwood Groves development and are considered neighborhood parks. Both were approved for a reduction in frontage requirements due to their watercourse adjacent features and due to the large lot on the adjacent school district property to the east. Parks 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, and 16 are considered linear parks that tie together the trail network through the development. Parks 9 and 10 are neighborhood parks that are located on the western side of the property and have included sidewalks around the perimeter to mitigate for frontage reduction. 355 20447, Staff Report Blackwood Groves Major Subdivision Page 26 of 35 Approval of the Park Master Plan includes approval of the watercourse setbacks and storm water facilities within the design of the larger park area as this land will provide valuable trail connections, unobstructed frontage for the parks, and attractive trail and park side features; however, the land cannot be counted toward the required parkland amount. The stormwater facilities shall remain the long-term maintenance responsibility of the Property Owners Association. Within these parks and open space consists of a trail network that connects streets, sidewalks, trails, green spaces, and parks. There are two primary trail corridors that run north-south along the watercourse on the eastern boundary. These trails connect to the extension of the existing Alder Creek trails and the Gallagator trail to the north, both which are identified on the PROST Plan Trail Map. The east-west connection includes 25’ wide corridors in the linear parks. The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the proposal on April 23, 2021 and recommended approval of the parks plan (per RPAB bylaws, the park master plan was not reviewed by the larger board) with conditions of approval and code corrections. Individual park site plans will be completed and approved with the final plat or prior to preconstruction meeting if an improvements agreement will be utilized. 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Where intact wetlands and watercourses are present, setbacks have been delineated and identified pursuant to BMC 38.410.100. There is an existing tree grove being preserved and incorporated into Park 3. There is an existing wetland that runs near the eastern border of the site. Condition 7 requires appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of wetlands on site. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16b prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. The watercourses present the possibility of flooding along the eastern boundary within the park and open space areas where no infrastructure or buildings are proposed. As stated above, where fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. A No-Rise analysis and floodway encroachment analysis will be provided for Blackwood Road and Cambridge Drive to ensure protection of life and property from flood impacts as outlined in code provision 16. 356 20447, Staff Report Blackwood Groves Major Subdivision Page 27 of 35 Watercourse setback planting along all watercourses. A landscaping framework, proposed with the approved master site plan, proposes enhancing the native lowland and upland areas with shrubs and trees to significantly improve the quality of the watercourse and guide its character long term as a natural amenity for Bozeman residents. Future planting plans will be required as the property develops and will be reviewed according to standards in place at the time. Code provision #12 states that a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping and that is must be installed or financially guaranteed prior to final plat approval. Lots 1-6 of block 28 are residential lots that contain a watercourse setback and conditions of approval 12 and 13 relate to the allowable buildable area, restrictions on the lots, and watercourse setback zones. No other impacts to the natural environment are identified. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate parkland, open space or other public lands landscaping with wells. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. There are no known endangered or threatened species on the property. Habitat quality has been substantially impacted by agriculture. A letter from Mike Duncan, Fisheries Biologist with State of Montana Fish Wildlife and Parks states that “the proposed Blackwood development should [be to] ensure that the completed subdivision poses no direct or persistent environment threat to the local watershed.” Mr. Duncan provided suggestions related to stormwater management systems to prevent runoff into the ditches. Low Impact Design (LID) to mitigate stormwater is required in the REMU zoning district and encouraged across the entirety of the development. Proposed watercourse setback plantings that have the potential to improve stream habitat are described in the above section. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact 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 with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. All infrastructure will meet City standards and the improvements to the 357 20447, Staff Report Blackwood Groves Major Subdivision Page 28 of 35 watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 8, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water The property contains five watercourses that are all considered laterals of the Middle Creek Ditch Company. Detailed information on these watercourses and their associated wetlands is included in the Wetland Delineation Summary and supporting wetland documents can be found in Appendix O. Three of the watercourses (west, north, south) are man-made irrigation ditches that do not have to adhere to the watercourse setback. The middle watercourse (Alder Creek) is a natural drainage channel that does have to adhere to the watercourse setback. The fifth watercourse (east) is a man-made irrigation ditch but forms a seep on the property to the south which does not appear to be man-made so it must adhere to the watercourse setback. 38.220.060.A.2 Floodplains The new Flood Insurance Rate Maps for Bozeman Creek delineates floodplain and floodway boundaries on the eastern property along Figgins Creek. Cambridge Drive and Blackwood Road will contain culvert crossings along the portion of Figgins Creek. These culvert crossings contain FEMA jurisdictional floodway (Zone A, Zone AE). A No-Rise Certification Report (Appendix Y) documents that the proposed crossings will result in a 0.00-ft rise in the 100 year water surface elevation (WSEL) and floodway WSEL. 38.220.060.A.3 Groundwater With the recommended conditions of approval and required plat corrections, the subdivision groundwater impacts will be successfully mitigated. The Geotechnical Investigation Report (Appendix V) includes an analysis of the groundwater encountered on site. Groundwater was encountered at the bottom of each of the exploratory excavations. Groundwater monitoring has been performed by C&H Engineering and Surveying during the 2019 and 2020 seasonal high groundwater seasons. Groundwater monitoring results are provided in the Groundwater Investigation Report. Results from the groundwater monitoring indicate that the seasonally high groundwater elevations across the subject property vary from .60 feet to 3.29 feet below ground surface. The highest groundwater levels were encountered near the north and eastern property boundaries. The infrastructure plans for this development will account for the high groundwater conditions on site. All streets will be constructed above existing grade to ensure all stormwater ponds are installed above SHGWL. Dewatering for utility installations and foundation construction is expected and will be accounted for in any construction permits. Basement foundations are not recommended within this subdivision – a note is included on the plat. Crawl 358 20447, Staff Report Blackwood Groves Major Subdivision Page 29 of 35 space foundations may be utilized in areas of the subdivision where the groundwater levels are the deepest or in areas where the final grade elevations are built above existing conditions. Condition of approval 15 and code provision 4 are related to groundwater and groundwater dewatering including the restriction of basements and crawl spaces. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application requests to irrigate parkland, open space or other public lands landscaping with wells per code requirements. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Soils encountered during testing show a layer of silty clay organic soil of low plasticity with depths ranging from 1.0 to 2.0 feet below ground surface. The second soil horizon encountered was lean clay with sand with depths varying from 2.0 to 6.3 feet below ground surface. The third soil horizon was a poorly graded gravel with sand and cobbles (“pit run” gravel) and varied in depth from 3.6 to 8.4 below ground surface. Based on the subsurface investigation, the excavation for any structure must be observed by a licensed geotechnical engineer to verify that the proper foundation subgrade material has been reached prior to the forming or casting of any foundation elements or placement and compaction of any required structural fill. Additionally, due to high groundwater levels in the area it is advised against constructing buildings with full or partial basements, a condition of approval is recommended to address this issue. The geotechnical report is included in the application materials. 38.220.060.A.5 Vegetation There are no major vegetation types or critical plant species present on this site. The vast majority of the property is vegetated with alfalfa which has been cultivated on the property for many years. Wetland vegetation exists along the watercourse/irrigation ditches throughout the property. The Wetland delineation Summary and supporting wetland documents is included in Appendix O of this application. There is an existing stand of mature Cottonwood, Aspen, and Willow trees/bushes located in the north-center portion of the site. This stand of mature trees will be preserved and is incorporated within the Park #3 area. See additional comments above under primary review criteria. 38.220.060.A.6 Wildlife This subdivision will not significantly impact wildlife with conditions and code provisions. An impact letter with the subdivision information was sent to the Montana Fish, Wildlife and Parks. Julie Cunningham and Mike Duncan of the MFW&P provided the following recommendations: reduce or mitigate sediment delivery, and to prevent discharges of petroleum products or other harmful substances into the nearby Middle Creek Ditch, no stormwater management systems convey runoff directly into the ditches within the proposed development without first having the opportunity for ground. These recommendations will be adhered to with the design and construction of all Subdivision stormwater facilities. MFW&P also commented that the 359 20447, Staff Report Blackwood Groves Major Subdivision Page 30 of 35 “property is less than a mile from key elk winter range. Although within the City of Bozeman annexation, the continued urban sprawl to the south reduces the open space available to elk and results in higher damage complaints from local farmers.” 38.220.060.A.7 Historical Features There are no known historical features located within the property. The only existing structure on the property is an agricultural silo (metal) approximately 20 feet in diameter located near the southwest corner of the property. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the State for stormwater control will be required prior to any onsite construction. Stormwater ponds are designed to be located above seasonal high groundwater level. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development. Erosion and siltation control will be exercised during construction by using appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual”. See discussion above under primary review criteria. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. Standard 10-ft front 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. 38.220.060.A.14 Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The proposed development will be in the Morning Star Elementary School, Sacajawea Middle School 360 20447, Staff Report Blackwood Groves Major Subdivision Page 31 of 35 and Bozeman High School attendance areas. At this time, the schools can accommodate the proposed development, however, the elementary schools are nearing capacity. The bus systems can accommodate the estimated number of additional students. 38.220.060.A.15 Land Use The Blackwood Groves neighborhood is to be developed under the existing Residential Emphasis Mixed Use (REMU) zoning district. The site is larger than the five acres minimum specified in the UDC and is located adjacent to existing residential neighborhoods which will help sustain Blackwood Groves’ proposed commercial uses. The property is designated Residential Mixed Use on the current Future Land Use Map and the attributes of that designation further encourage neighborhoods sustainability and community interconnectivity. REMU zoning confers an expectation on future site development that the area will be mixed-use in character and provide options for a variety of housing, employment, retail, and neighborhood services. The neighborhood design of Blackwood Groves embodies this expectation. From the variety of housing options proposed to the Town Center area envisioned in the heart of the community providing employment and retail opportunities, this neighborhood strives to exceed the REMU intent expectations established in the UDC. While the walkable neighborhood will emphasize residential as the primary use, the inclusion of community scale retail and services supports the overall neighborhood design and experience. A diverse array of community scale commercial uses is envisioned for the Town Center area of the site, including retail, restaurants, offices, maker spaces, grocery, small-scale cinemas, and fitness facilities (not to exceed 30% of the total gross building square footage allowed within the REMU zoning standards). Residential uses will also be heavily integrated into the upper floors of the Town Center. The community has been designed to the complimented by vibrant, urban, and pedestrian oriented complete streets. The proposed street sections provide for safe and broad connections across and through the neighborhood, while the linkages enhance neighborhood’s sense of place and park experiences. The proposed off and on streets connection encourage pedestrian and bicycle travel, transit, on street parking, and include the physical elements of complete streets. Natural spaces have been incorporated throughout the development to serve the community needs for both neighborhood residents and visitors alike. On-street parking is planned throughout the site with back-in angled parking proposed adjacent to the Town Center area. Shared access drives and alleys are proposed throughout the development to create a more vibrant public realm as well as reduce the need for additional curb cuts. Buildings are to be oriented to the streets and public spaces as is allowed in the BMC. Design standards that emphasize the sense of place and stipulate maintenance of the neighborhood facilities have been created and are included in the submittal, Appendix L.2. The community design intended for this community encourages thoughtful development while providing for flexibility for future phases of the development to respond to changing market 361 20447, Staff Report Blackwood Groves Major Subdivision Page 32 of 35 conditions. The design standards and guidelines proposed for Blackwood Groves also include provisions that promote sustainable development. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan The neighborhood center will be provided by four different areas within the development. Parks 3, 4, and 5 serve as three of the neighborhood centers while the town center plaza serves as the fourth. New neighborhood commercial centers are subject to the community design framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage designations for future development. Appendix B identifies the block frontage classifications within the development. 38.220.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. 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. Detailed lighting calculations will be provided with the infrastructure plans for each applicable phase of the subdivision. A Special Improvement Lighting District (SILD) will be created prior to final plat application. Code provision 24 is related to this issue. 38.220.060.A.19 Miscellaneous This material was waived. No additional impacts or hazards are anticipated. 38.220.060.A.20 Affordable Housing We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses:The property is zoned REMU, Residential Emphasis Mixed Use District. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for 362 20447, Staff Report Blackwood Groves Major Subdivision Page 33 of 35 healthy lifestyles; b .Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e .Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian- oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c .Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Adopted Growth Policy Designation:This property is designated as Residential Mixed Use in the 2020 Community Plan. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and 363 20447, Staff Report Blackwood Groves Major Subdivision Page 34 of 35 interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non- residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready- access within and adjacent development. While the nature of development for the entire REMU area in this subdivision is not yet known, development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning designation that correlates with this district. The applicant has proposed multi-household higher density housing adjacent to the commercial node in the approved master site plan associated with this site, with medium and lower density attached and detached single-household making up the balance of the plan. The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both the surrounding neighborhoods and broader community, and will function as a service center for the neighborhoods within the development. The southeast corner of the proposed master site plan has this community plan designation and is approximately 29 acres, with 15 acres being developed with primarily commercial uses. This commercial area will serve two functions with appropriate land uses placed along two arterial roads to serve the broader community including the new Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports Park, as well as functioning as the neighborhood center for the larger development with bicycle and pedestrian connectivity from within the broader 160 acres. 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. BMC 38.220.420, 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 on May 1, 2021. The site was posted with a notice on May 1, 2021and a legal advertisement was published in the Bozeman Daily Chronicle on May 16 and 23, 2021. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received in regards to the residential lots on the northern property line and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in regards to privacy between the lots and suggested to incorporate a greenway between the Alder Creek Drive houses and the Cambridge Drive houses situated along the fence line. 364 20447, Staff Report Blackwood Groves Major Subdivision Page 35 of 35 APPENDIX C – PROJECT BACKGROUND Resolution 5177 was approved by the City Commission on June 15, 2020 annexing the subject property into the City. Ordinance 2052 adopting zoning of REMU was approved on June 15, 2020. A subdivision pre-application plan was reviewed by the Development Review Committee in November 2020. A staff report for the Master Site Plan Application no. 20292 has been forwarded to the Director of Community Development for approval. Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. The entitlement period for the master site plan is 5 years. APPENDIX D - OWNER INFORMATION Owner/Applicant: Blackwood Land Fund, LLC, 115 West Kagy Blvd, Suite L, Bozeman, MT 59715 Representatives: Matt Hauser, Bridger Land Group, 115 W. Kagy Blvd, Suite L, Bozeman, MT 59715 Report By:Sarah Rosenberg, AICP, Associate Planner ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20447, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=229622&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-447 365 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Jennifer Giuttari, Assistant City Attorney Melody Mileur, Communications Coordinator Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to request the City Manager present the Commission with implementing ordinances and resolutions to consolidate city boards pursuant to the proposal contained in the May 25, 2021 Staff Memorandum for action in August 2021. 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:During this item, we will present a proposal for consolidating the City’s boards and committees to align with the adopted Strategic Plan. This action item enables the Commission to request the City Manager to present the Commission with implementing resolutions and ordinances this coming August. At the January 12, 2021 Commission meeting, the Commission identified its Strategic Plan priorities for 2021 . Included is the priority of “Community Engagement,” in which the City commits to broadening and deepening the engagement of the community in local government. As noted above, this priority contains two implementing goals related to citizen boards. During the February 23, 2021 City Commission work session, the City Manager proposed to consolidate the City’s Citizen Advisory Boards as a means to modernize the City’s Boards into an efficient and sustainable structure. A consolidated citizen advisory board structure will streamline the boards’ work, increase transparency in the boards’ function and roles, enhance collaboration between City staff, board members, and the City Commission, and create more equitable and inclusive boards. 366 After the February 23, 2021 Commission meeting, City staff surveyed the Board Chairs to determine each board’s vision for consolidation. We asked the surveyed boards to identify its preference. We also researched each board’s enabling legislation and rules of procedure to determine which boards would merge best. Based on this work, we identified complimentary functions and duties, and commonalties shared amongst the boards. After this research period, we concluded many of the existing citizen advisory boards could consolidate into six boards to include: Safe Community. Provide a safe and healthy place to live, work, learn, and play. Sustainability (Environmental, Social, Economic). Cultivate strong environmental, social, and economic ethics that will promote sustainable businesses and lifestyles. Parks and Open Lands. Grow, maintain, and preserve the natural resources in the City for all those who live and visit the area. Transportation. Build and support a robust and efficient transportation network and system. Community Development. Improves the community’s quality of life as it grows and changes, honors sense of place and neighborhood feel, and plans for a livable and more connected city. Cultural Services. Expand access to diverse cultural and recreational amenities. Additionally, in conjunction with board consolidation efforts, the City Clerk’s Office is developing a High Performing Boards model to foster public trust through collaboration and cooperation to achieve the following goals: Increase efficiency and efficacy of advisory board input; Formalize and streamline communications between advisory boards, the City Commission, and the public; Ensure policies and not personalities are the dominant driving factor of decision-making; and Create consistency, predictability, and stability by clearly defining expectations, functions, and roles. The City currently has nearly 40 boards and committees (including inter- governmental boards), each of which exist pursuant to one of three legal authorities: City authority, State law, or an interlocal agreement. Because each board and committee was created through different enabling mechanisms, upon consolidation, some boards must continue to exist within a consolidated board. In limited instances, such as the Board of Ethics, we recommend leaving the board independent as we believe doing so is the best way to ensure the integrity of a particular the board’s duties. When a newly consolidated board has multiple legal mandates requiring specific qualifications for a board member, the board will have a subsect of members who must meet the statutorily required qualifications. For example, for a city to have a public library, five board of trustees must 367 administer it. As described in the proposal for the Cultural Services Board, the functions of the Library Board will exist within the new Cultural Services Board. The Commission must appoint five members of the Cultural Services Board to serve as the Library Board. When the Cultural Services Board meets, the five members appointed as the Library Board will meet in the same meeting with their actions listed as “Library Board” on the same agenda as the Cultural Services Board. In the attached proposal, under section I, we provide information regarding our recommendation for the high performing board program. Then, under section II, we discuss each of the six new proposed boards. In this section, under each proposed new board, we provide a statement on the current boards that will be subsumed within the new board structure and we also discuss any qualification requirements for membership. Please note that if we do not provide advice or recommendations regarding specific mandatory qualifications we suggest board members be appointed as citizens-at-large. Appendix A: Attached to the proposal memorandum we provide a chart for all of the proposed board structures. Each chart depicts for each member of the new board which existing board function an individual member will fulfill. After we discuss the proposed consolidation structure, in section III, we provide information on a number of boards we determine either should, or must, remain independent. This includes boards such as the Inter- Neighborhood Council, the Downtown Bozeman Partnership (Downtown Urban Renewal and Business Improvement District), and the Ethics Board. Except for the Pedestrian Traffic Safety Committee and the Transportation Coordinating Committee (see attached), we do not discuss boards created by interlocal agreement. These are inter-governmental boards where the City Commission appoints one or more members but does not control the majority of appointments (e.g. the Board of Health). We propose leaving these as currently structured. Finally, under Next Steps, we discuss a proposed timeframe for moving forward. UNRESOLVED ISSUES:There are no identified unresolved issues at this time. ALTERNATIVES:None suggested FISCAL EFFECTS:None Attachments: Board Consolidation Proposal Staff Memorandum May 25, 2021.docx 368 Board Appendix A.docx Report compiled on: May 17, 2021 369 Commission Memorandum Board Consolidation Proposal Memo (May 25, 2021) -1- REPORT TO:Honorable Mayor and City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney Jen Giuttari, Assistant City Attorney Melody Mileur, Communications Director Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City’s Adopted Strategic Plan MEETING DATE:May 25, 2021 AGENDA ITEM TYPE:Work Session RECOMMENDATION:City Staff seek authorization from the City Commission to begin drafting amended Resolutions and Ordinances for the Commission’s consideration in August, 2021. 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.” This policy statement contains as an implementing goal to: “Enhance City Committees and Advisory Boards - Restructure or combine City boards and committees to more effectively advise the City and engage the public.” In addition, this policy calls for creating a Standard Boards and Commission Onboarding and Education Process to increase education for boards, advisory boards, and the zoning commission. SUGGESTED MOTION: I move to request the City Manager present the Commission with implementing ordinances and resolutions to consolidate city boards pursuant to the proposal contained in the May 25, 2021 Staff Memorandum for Commission action in August 2021. PROPOSAL: 370 Board Consolidation Proposal Memo (May 25, 2021) -2- I.High Performing Board Model Creates Uniformity and Consistency in the Execution of a Board’s Duties. The City Clerk’s Office is developing a High Performing Boards model for Commission approval with the purpose to create boards that function at a higher level. This work stems from implementing goals of the City’s Strategic Plan priority 1.2. Implementing a more standardized approach for board operations will create increased efficiency and efficacy of board input, formalize and streamline communications, and direct policy driven decision-making. A. GOAL: Increase efficiency and efficacy of advisory board input. 1.Membership is to be defined in clear terms, including member qualification requirements, in the legislative creation of each board’s structure with limitations including but not limited to: Board members may only serve in one appointed position at a time; Unless otherwise required by law, board membership will be limited to two terms; The balance of an unexpired term served by an appointee shall be considered a “complete term” if such unexpired term exceeds 50% of the full term; Unless otherwise authorized or required by law, members of the consolidated board must be residents of the City; and All appointed terms will expire on June 30 of their given year. 2.Recruitment should consider how the City address diversity and inclusion goals. Commission and staff are encouraged to actively recruit qualified members to apply. Recruitment will occur in three methods: Standing/open – Vacancies and instruction for application will be posted in the lobby of City Hall and on the City website; Biannual active solicitation period, as prescribed in the City Charter; and As necessitated by vacancies. 3.Review of applicants will occur by a panel consisting of the assigned Commission liaison, board chair, and staff liaison: Commission liaison will be selected at biannual appointment period in January after new Commission members are sworn in; Board officers will be appointed by the City Commission (chair & vice-chair); Staff liaison will be assigned by the City Manager; and Interview questions will be more detailed than the standard application with a focus on potential conflicts of interest, compliance with norms of conduct, including but not limited to decorum, communications, and the concept of acting as a body with one voice. 4.A formalized recommendation process will follow a designated timeline to shorten the length of time from application to appointment. 371 Board Consolidation Proposal Memo (May 25, 2021) -3- B. GOAL: Formalize and streamline communications betweenthe City Commission,the boards, and the public. 1.The City Commission will communicate to the boards via policy decisions, two-year Strategic Plan, work plans, and project approval; 2.The board must communicate to the Commission via minutes, work plans, progress reports, or formal recommendations/resolutions voted on by the board; 3.Board chairs must communicate with the staff liaison on matters related to the board; 4.Board chairs must communicate with the commission liaison on matters related to policy; 5.Board members must communicate to the Commission only when that member is expressly authorized to speak on behalf of the board (one body, one voice principal); 6.Board members must only communicate the board’s final, formal recommendation to the Commission (one body, one voice principal); 7.Exceptions to the communication channels will be limited to matters of scheduling; 8.Minutes of the boards shall be regularly provided to both the City Commission and the public; and 9.City staff shall develop minutes that the board will review and approve. C. GOAL: Policy driven decision-making. 1.Board officers shall be appointed every two years by the City Commission during a regular meeting in July; 2.A board’s two-year work plan must align with the Commission’s adopted Strategic Plan; 3.Established board members are encouraged to share their experience and knowledge with new members; 4.Agendas will be created by the staff liaison with collaboration from the board chair and provided to the City Clerk’s Office by noon on the Friday the week prior to the scheduled meeting; and 5.Boards shall not appropriate money, except where expressly authorized by law. D. GOAL: Create consistency, predictability, and stability by clearly defining expectations, functions, and roles. 1.The City Clerk’s Office, the City Attorney’s Office, and the City Manager will draft a norms policy to be modeled upon the City Commission’s norms as presented in Resolution 5124 and create rules of procedure modeled upon the City Commission’s as presented in Chapter 2, Article 2, BMC. 2.The City Clerk’s Office will provide a general onboarding and annual trainings on: “Effective Meetings” - a training to be administered to all board officers; 372 Board Consolidation Proposal Memo (May 25, 2021) -4- Boards procedures, process, and requirements, including but not limited to Robert’s Rules of Order, records requirements, quorum and noticing requirements, use of email, and expectations of members; Initial ethics training, including handbook acknowledgement; Annual ethics training – all board members are required to attend annual training, either in-person or in such other fashion as the City Manager and City Attorney may deem appropriate; and Financial disclosure document when required. 3.Staff liaisons will provide subject matter expertise during onboarding, including but not limited to: Board purpose as outlined in enabling legislation; Statutory requirements; The current approved work plan; Specific projects underway and/or recently completed, which are illustrative of the board’s work; and Typical items under purview of the board. 4.A six-month check-in process for new members will be created. Staff liaisons will take the lead role in scheduling check-in with City Manager approval. The six-month check-in will take place with Commission liaison, board chair, and staff liaison; and All onboarding and training requirements must be fulfilled with six months of the appointment of any member. E. Roles and Duties. 1.Commission liaison: Selected during meeting in January following swearing in of Commissioners post- election; Actively recruit qualified members to fill vacancies; Lead interviewer of applicants; Primary contact on the City Commission for the board; Assist resolution of questions about role of City Commission, City Manager, and the board; Establish contact with board chair and effectively communicate the role of the liaison; Provide procedural direction and relay City Commission’s position to the board, and communicate to the board the liaison’s role is not to direct board; Serve as contact rather than an advocate; Review work plan and make recommendations to the City Commission regarding the work plan; 373 Board Consolidation Proposal Memo (May 25, 2021) -5- Identify and assist in resolution of any problems with functioning of the board; and Assist training of new board and City Commission members by providing suggestions and information to staff members responsible for providing training. 2.Board Chair: Meeting facilitator; Set tone – civility; Be fair and impartial; and Polite reminders – civility, germane, etc. 3.Board Members: Support chair/staff’s efforts; Model civil behavior; Be prepared, attentive, and participate; Follow rules of procedure and norms of behavior; Wait to be recognized for turn to speak; and Speak to the issue. II.Proposed Board Consolidation Structure. We propose the following consolidation structure: A. Safe Community Board. Safe Community Board members will understand that for our community to thrive, a healthy and a safe environment – to live, work, and play – is critical. Safe Community Board members will focus on pursuing initiatives that build trust and confidence amongst individual citizens, community stakeholders, and the City of Bozeman. The Safe Community Board will consist of seven board members who serve two-year terms. The Safe Community Board will contain the current duties of the Police Commission, the Impact Advisory Fee Committee, the Building Board of Appeals, and the Fire Board of Appeals. Due to the particularized work of this board, as explained below, certain members of this board are required by law to have specific qualifications. 1. Background and Required Qualifications of Current Board Members. Impact Fee Advisory Committee. The City currently has four impact fees (fire, water, sewer, and transportation) the Impact Fee Advisory Committee (IFAC) advises on. Under the current structure, the Commission must appoint nine members to IFAC. The current membership includes the City Engineer, the City Finance Director, a certified public accountant, a builder, a land developer, two citizens of the City not employed in the development industry, and two other 374 Board Consolidation Proposal Memo (May 25, 2021) -6- members selected by the Commission. The City’s requirements follow former Montana law. Now, Montana law only mandates at least one representative of the development community serve on the IFAC. We recommend amending the membership from nine to seven. Next, we recommend removing the requirement for a certified public accountant, builder, and land developer and re-assign those positions as citizen-at-large positions (except for the one position that must be a designated representative of the development community). Finally, we recommend the Commission remove the two City staff. Building Board of Appeals.1 This board currently consists of five members who the Commission appoints, and who must have experience and training on building construction. City staff recommend amending the membership from five to three. This means only three of the members appointed to the Safe Community Board will be appointed to serve on the Building Code Board of Appeals. Fire Board of Appeals.2 This Board currently consists of five members who the Commission appoints, and who must have experience and training pertaining to fire, explosions, hazardous conditions, or fire protection systems. We recommend amending themembership from five to three.This means only three of the members appointed to the Safe Community Board will be appointed to serve on the Fire Board of Appeals. Police Commission. Montana law requires the Police Commission to have three members to hear and decide appeals brought by any member or official of the police department who has been disciplined, suspended, removed, or discharged. The current Police Commission does not serve as an advisory board on policy and practices. This means only three of the members appointed to the Safe Community Board will be appointed to serve as police commissioners. 2. Proposed Safe Community Board Composition. We propose that the three of this board’s members be appointed to satisfy the qualifications required by State law for both the building and fire code boards of appeal. Three other members can be appointed to serve as the police commission. Finally, one member must meet the statutory requirement for the impact fee committee (member of the development community). 1 The International Building Code requires the establishment of a “board of appeals.” The board of appeals “shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.” The International Fire Code has a similar provision requiring members of the fire code board of appeals to have certain qualifications. 2 Although Ord. 1444 relies on the Uniform Fire Code, in 1994 three codes, including the Uniform Fire Code, merged to create the International Fire Code (“IFC”). The IFC is now the primary body that contains regulations to safeguard life and property from fires and explosion hazards. 375 Board Consolidation Proposal Memo (May 25, 2021) -7- State law requires the above-described qualifications for board members. Because of this, when the Safe Community Board meets, staff will need to ensure the agenda clearly identifies the statutory capacity in which the board is acting on any given item. B. Sustainability Board. Sustainability Board members will cultivate initiatives that enhance the social, economic, and environmental livelihood of Bozeman citizens. By focusing on these three pillars, this board will take a modern, holistic approach to sustainability. The Sustainability Board will be comprised of seven board members who serve two-year terms. Sustainability Board members must commit to maintaining, improving, and creating: Social sustainability through the use of social initiatives, that include an intentional commitment to diversity, equity, and inclusion, all of which will augment citizens’ quality of life; Economic sustainability by promoting economic programs that enhance personal and professional economic growth and viability in Bozeman; and Environmental sustainability by maintaining and implementing appropriate environmental initiatives that protect and conserve Bozeman’s natural resources and ecological diversity. The Sustainability Board will subsume the current duties of the Community Affordable Housing Advisory Board (“CAHAB”), Economic Development Council (“EDC”), Beautification Advisory Board (“BBAB”) (community clean-up work only)3, and Bozeman Climate Partners Working Group. The boards proposed for consolidation into the Sustainability Board were all created by the City Commission; as such, the Commission has sole authority to determine duties, composition, and qualifications. 1. Background and Required Qualifications of Current Board Members. CAHAB. This board currently consists of seven members. Currently, members must include an individual from the real estate financing or sales industry, the construction industry, an organization that supports low- and moderate-income housing in the community, an organization providing services to low- and moderate-income persons, a member of the public who has a demonstrated interest in special needs housing, a member of the public certifying that they are a low- or moderate-income person whose income does not exceed 115% AMI, and a community member at large. 3 We propose the current functions of the BBAB be split between the Sustainability Board and Cultural Services Board. The clean-up day functions of BBAB will be assumed by the Sustainability Board while the beautification awards program will be assumed by the Cultural Services Board. 376 Board Consolidation Proposal Memo (May 25, 2021) -8- Economic Development Council. Currently, this board is required to have a maximum of seven members and a minimum of five members. There are five sitting members and two vacant seats. Persons of legal age may be appointed to the council. A majority of the council must be residents of the city. Nonresident members of the council must have some interest in the City by virtue of working in the City or owning property in the City. Beautification Advisory Board. Currently, this board can have up to nine members. Persons of legal age may be appointed to the board. A majority of the board must be residents of the City. Nonresident members of the board shall have some interest in the Cityby virtue of working in the City, owning property in the City, or entering the City frequently for any lawful purpose. Bozeman Climate Partners Working Group. No specific requirements. 2. Proposed Sustainability Board Composition. As indicated in Appendix A, all seven board members will oversee the duties of the EDC4, and Climate Partners Working Group. We propose eliminating specific membership requirements and have all members of the Sustainability Board appointed at-large. C. Parks and Open Lands Board. Parks and Open Lands Board (“POLB”) members will share the ideals that trails, open lands, and parks not only improve an individual’s physical and psychological health, but also strengthen and foster the wellbeing of the community-at-large through an outdoor culture and lifestyle. Board members will support actions that promote the use, preservation, and acquisition of greenspaces and public lands. The POLB will have seven board members who serve two-year terms. The POLB will incorporate the current duties of the Cemetery Board, the Recreation and Parks Advisory Board (“RPAB”) (the parks and trails program function only)5, the Trails, Open Space, and Parks Committee (TOPs)6; and the Bozeman Tree Advisory Board. The City Commission established all the functions of the current boards proposed for consolidation into the POLB. As 4 During the development of enabling legislation we will adjust the current EDC duties to more clearly align with the Strategic Plan. 5 RPAB’s functions will be divided between the new POLB and the Cultural Services Board. We propose the parks and trails functions of RPAB are subsumed by POLB while the recreation programs are subsumed by the Cultural Services Board. 6 The TOP Committee formed to advise the City Commission on the allocation of bond revenue from the 2012 Trails, Open Space, and Park bond. While the TOP Committee’s duties are nearing completion since the majority of bond revenues have been allocated, City staff propose including the functions of the TOP Committee into the Parks and Open Space Board to ensure that the POLB will address any residual functions of the TOP Committee. 377 Board Consolidation Proposal Memo (May 25, 2021) -9- detailed below, we propose to eliminate all existing member qualifications with all members to be appointed at large. 1. Background and Member Qualifications of Current Board Members. Cemetery. Currently, there must be seven members on this board. There are no other specific qualifications required. RPAB. This board can have a maximum of 14 board members. Currently, ten members are appointed by the City Commission, with seven of these members being city residents. The County may appoint up to three members and two members must be either MSU or secondary school students. Tree Advisory Board. This board currently has five members. Currently, the enabling legislation indicates that whenever possible, two of the members are to be from the following disciplines: real estate, commercial lending, civil or environmental engineering, or landscape architecture or construction. Additionally, members must also be residents of the city, own property within the city, or be gainfully employed within the city. TOP. Currently this board is required to have five members. The City Parks and Recreation Director must also serve as an ex-officio member. As currently required, all member must reside within the city limits of Bozeman and must have expertise in areas such as finance, real estate, landscape architecture, public health, planning, or law. 2. Proposed Parks and Open Lands Board Composition. As indicated in the chart in Appendix A, we propose the seven members of the POLB cover the functions and duties of the current Cemetery Board, Tree Advisory Board, TOP, and RPAB (park and trail only). All members will be appointed at large with no specialized qualifications. D. Transportation Board. Transportation Board members will recognize a robust and reliable transportation system expands a community’s economic vitality and livability. While working to remove barriers to transportation, board members must be cognizant that doing so serves to increase citizens’ social, economic, educational, and political engagement by facilitating easier access to essential, community programs and services such as civic engagement, cultural, and service-learning opportunities. The Transportation Board will contain seven members serving two-year terms. The Transportation Board will encompass the current duties of the Bozeman Area Bicycle Advisory Board (“BABAB”), the Parking Commission, Transportation Coordinating Committee (“TCC”), and the Pedestrian and Traffic Safety Committee (“PTSC”). Pursuant to Montana law, 378 Board Consolidation Proposal Memo (May 25, 2021) -10- the Commission must appoint at least five, but no more than seven, of the Transportation Board members to the Parking Commission. 1. Background and Required Qualifications of Current Board Members. BABAB. Currently there are only five members on this board. A majority of the members must be residents of the City. Nonresident members must have some interest in the City by virtue of working in the city, owning property in the City, or entering the City frequently for any lawful purpose. In addition, members should be knowledgeable of bicycling and/or traffic safety. Parking Commission. Montana law requires the Parking Commission consist of not less than five and no more than seven electors of the city. TCC. Under the 2009 Memorandum of Agreement between the State of Montana, the Montana Department of Transportation, the City, and the County, there are 20 members on this committee. PTSC. There are currently eight members on this inter-agency committee. Two members are appointed by the County, two members are appointed by the City, two members are appointed by the Bozeman School District, and two member are appointed by the majority recommendation of the members appointed by all three governing bodies. 2. Proposed Transportation Board Composition. As indicated in the chart in Appendix A, we propose that the seven members of the Transportation Board fulfill the current duties of the Parking Commission, BABAB, and PTSC. State law requires the Commission appoint “not less than five or more than seven” members to the Parking Commission. Pursuant to 7-14-4609, MCA, the members of the Parking Commission must be “electors” of the city; meaning, they must be qualified to vote in City elections. We propose having all seven members of the Transportation Board serve as the Parking Commission. Because of the qualifications required by State law for a parking commission all members of the Transportation Board must be electors of the city. No other qualifications are proposed. PTSC was created pursuant to an interlocal agreement with Bozeman School District and Gallatin County. The TCC is also created pursuant to interlocal agreement. After discussions with Gallatin County and the School District officials, we propose ending the current interlocal agreement for the PTSC and having the role of the PTSC subsumed by the Transportation Board. If Bozeman qualifies as a Metropolitan Planning Organization (“MPO”), the MPO may, upon creation, assume the functions of the PTSC. 379 Board Consolidation Proposal Memo (May 25, 2021) -11- For the TCC, we recommend the existing structure of the TCC remain because the committee is made up of many members outside of the City’s control. In addition, if Bozeman qualifies as a MPO, the MPO may, upon creation, assume the TCC’s functions. We recommend the Transportation Board appoint two of its members to the TCC – the positions current filled by members of the PTSC and Planning Board. All other current appointments will continue including the positions occupied by City staff, a member of the City Commission, and the city resident position. E. Community Development Board. Community Development Board members will influence the direction of our community’s growth and development, with an emphasis on zoning, planning, design, and historic preservation. Board members must be committed to supporting actions that will promote and improve the design and planning of development of Bozeman while preserving the unique character of each of Bozeman’s vibrant neighborhoods. The Community Development Board will consist of seven members serving two-year terms and include the current duties of the Bozeman Historic Preservation Advisory Board (“HPAB”), the Bozeman Planning Board, the Zoning Commission, and the City-created Design Review Board (“DRB”). Due to the particularized work of this board, certain members of this Board are required by law to have specific qualifications. 1. Background and Required Qualifications of Current Board Members. HPAB.7 Currently, by City ordinance, this Board must have seven members, all of whom must have a demonstrated interest, competence or knowledge in historic preservation. At least three members must meet the Secretary of the Interior's professional qualification standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology. In addition, the City Commission requires at least one member be an architect holding state or national registration. This architect qualification is not required by State law. Next, under the current HPAB structure, at least one 7 State of Montana guidelines for a historic preservation commission indicates the citizen positions “must have a demonstrated interest, competence, or knowledge in historic preservation.” See Rolene R. Schliesman,The Montana Certified Local Government Manual, at p. 14 (Mont. St. Historic Preservation Office 2005). In addition to the lay members, the Manual requires at least three positions be “professional” – these positions must have “professional expertise in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology.” The City Commission may appoint members not having these professional qualifications “if a reasonable effort was made” to fill the positions. Please note State law does not require a fourth member to be an architect as currently required by the municipal code. 380 Board Consolidation Proposal Memo (May 25, 2021) -12- member must live in or own property in a Bozeman historic district. Finally, at least four members must be at-large representatives who reside or own property within the city limits. City Planning Board. Pursuant to State law, a planning board must consist of at least seven but no more than nine members. The four citizen members of the Planning Board must be qualified by knowledge and experience in matters pertaining to the development of the city, and shall not hold any other City office. These four are appointed by the Mayor. The fifth member is appointed by the Commission and this appointee does not need to meet the qualifications for a citizen member. The sixth member is appointed by the City Commission from its own membership. The seventh member is appointed by the County, who may be a member of the board of county commissioners or an office holder or employee of the county. Zoning Commission. There are five members currently on the ZoningCommission. State law does not prescribe specific qualifications for membership. We recommend amending this to seven members. DRB. The DRB is not required by State law. Currently, the DRB consists of six professional and two nonprofessional members. Professional members must be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. The professional contingent must consist of three architects and at least one architectural historian, and at least one landscape architect or landscape designer. At least one of the professional members must have demonstrated expertise in urban design. Nonprofessional members must be individuals with an interest in, or knowledge of, urban design or historic preservation. Presently, no member of the DRB may serve concurrently as a member of the planning board or zoning commission. However, because of the proposed structure of the Community Development board we recommendrepealing this requirement. 2. Proposed Community Development Composition. The Community Development Board has the most complex statutorily required appointment qualifications of any proposed board. We propose the Community Development Board contain seven members. To combine the duties and members of the current boards, we propose a specific appointment structure to comply with the statutorily mandated qualifications and appointment requirements. Given the above, we propose the membership of the Community Development Board consist of the following: 381 Board Consolidation Proposal Memo (May 25, 2021) -13- Four citizen members appointed by the Mayor8 qualified by knowledge and experience in matters pertaining to the development of the City and holding no other office of the City. We propose three of these appointments meet the professional requirements for the historic preservation board. The fourth of these citizen appointees must have an interest, competence, or knowledge in historic preservation but does not have to meet the professional qualification for historic preservation. The Commission will appoint one of its members as the fifth member. The City Commissioner serving on this board must demonstrate an interest, competence, or knowledge in historic preservation. The sixth position will be appointed by the City Commission. This position does not have to meet the qualification of a citizen member of a planning board, and may be an employee of the City or hold other public office. This position must also have an interest, competence, or knowledge in historic preservation. The seventh member will be the County appointee. This position must also have an interest, competence, or knowledge in historic preservation. In total, the seven members of the Community Development Board must meet the legal requirements for the Planning Board and HPAB since all seven members will serve also as the Planning Board and the HPAB. In addition, we propose all seven serve as the Zoning Commission resulting in the Zoning Commission having seven members rather than the current five. The Zoning Commission would, under this proposal, include the City Commissioner and the County appointee. City staff will continue to evaluate DRB’s duties and functions and whether they can be more efficiently subsumed by the Community Development Board. F. Cultural Services. Cultural Services Board members will recognize the importance of enhancing and expanding the community’s access to cultural programs. In addition, Cultural Services Board members will support public art and look forward to promoting local artists, and strengthening education and learning opportunities in the community. The Cultural Services Board has seven board members. We recommend all seven members serve five year terms (see below). The Cultural Services Board will include the current duties of the Bozeman Beautification Advisory Board (awards) (“BBAB”), Library Board, and Recreation and Parks Advisory Board (recreation programs – see footnote 3, above). The Cultural services board will also encompass a new focus on art, as prioritized in The City’s Strategic Plan Priority 5.2. Due to the particularized work of this board, certain members of this Board are required by law to have specific qualifications. 8 See 76-1-221(d), MCA. 382 Board Consolidation Proposal Memo (May 25, 2021) -14- 1. Background and Required Qualifications of Current Board Members. BBAB. The BBAB currently consists of up to nine members, all of whom the Commission appoints. A majority of the BBAB must be residents of the City. Nonresident members must have some interest in the city by virtue of working in the City, owning property in the City, or entering the City frequently for any lawful purpose. Library Board. As required by Montana law, for a city to have a free public library, the library must be administered by a board of trustees made up of five members. All of the functions of the Library Board will exist within the new Cultural Services Board.9 The Commission must appoint five members of the Cultural Services Board to serve as the Library Board10. RPAB. For a description of this board, see Parks and Open Lands Board section of this Memorandum. 2. Proposed Cultural Services Board Composition. As depicted in the Cultural Services Board chart in Appendix A, all seven board members will assume the duties and functions of the current BBAB as well as provide advice on the recreation programs currently under RPAB. Additionally, this board will have a new, added focus of art. As required by State law, five members of the Cultural Services Board will serve as trustees of the Bozeman Public Library – these members must serve for five year terms. Because of the five year term requirement for members of the Library Board of Trustees we recommend all positions on this board be appointed to five year terms. III.Other Boards During the process of aligning a proposed board structure to the Strategic Plan, we identified several existing boards where it would be infeasible to combine a particular board’s functions into one of the Strategic Boards. These boards include: Two of the Downtown Bozeman Partnership’s three entities are City boards (Urban Renewal and Business Improvement District).As such, we propose maintaining the current structure of the Downtown Bozeman Partnership. Midtown and North East urban renewal boards: We suggest at a future time amending the current urban renewal plans to have the City Commission take on the current functions of the Midtown and North East urban renewal boards. Currently, 9 When the Cultural Services Board meets, the five members appointed as the Library Board will also meet. An item on the Cultural Services Board’s agenda will include “Library Board” actions. 10 Trustees of a library board hold their office for five years. 22-1-308, MCA. 383 Board Consolidation Proposal Memo (May 25, 2021) -15- of the six urban renewal districts (not including Downtown), these are the only two districts that have boards. The Board of Ethics will remain independent. The Inter-Neighborhood Council remains independent. Audit Committee. Currently, there are five members of this committee including two commissioners, a staff member, and two citizen members one of which must be an accountant. We propose to eliminate the audit advisory functions. NEXT STEPS: Staff recommends the following next steps: During June and July 2021, Staff will draft ordinances and resolutions for presentation to the Commission in August. Assuming the Commission adopts the amended ordinances and resolutions, the City will advertise the new board positions beginning in September with deadlines for submitting applications at the end of September. Candidate interviews will occur in October. Board appointments will occur in November. Appointments and board activities will commence December 1, 2021. All existing board appointments will be rescinded effective December 1, 202111. The first meetings of the boards will occur in time for the boards to meet prior to the Commission’s priority setting when the new City Commissioners take office in January 2022. UNRESOLVED ISSUES: There are no identified unresolved issues at this time. ALTERNATIVES:None suggested. FISCAL EFFECTS: None. 11 We recommend the County appointee to the Planning Board remain in effect for the current term. 384 Safe Community Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board RolesImpact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Impact Fee Committee Building Board of Appeals Building Board of Appeals Building Board of Appeals Police Commission Police Commission Police Commission Fire Board of Appeals Fire Board of Appeals Fire Board of Appeals Sustainability Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Audit Committee Audit Committee Audit Committee Audit Committee Audit Committee Audit Committee Audit Committee Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Community Affordable Housing Advisory Board Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Economic Development Council Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Climate Partners Working Group Parks and Open Lands Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Cemetery Cemetery Cemetery Cemetery Cemetery Cemetery Cemetery Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Tree Advisory Board Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee Trails, Open Space, and Parks Committee 385 Transportation Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board RolesBozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Bozeman Area Bicycle Advisory Board Parking Parking Parking Parking Parking Parking Parking Community Development Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Historic Preservation Advisory Board Planning Planning Planning Planning Planning Planning Planning Zoning Zoning Zoning Zoning Zoning Zoning Zoning Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Design Review Board Cultural Services Board Board Member 1 Board Member 2 Board Member 3 Board Member 4 Board Member 5 Board Member 6 Board Member 7 Board Roles Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Bozeman Beautification Advisory Board Library Board Library Board Library Board Library Board Library Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board Recreation and Parks Advisory Board 386