HomeMy WebLinkAbout07-27-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Via WebEx
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Stewart)
F.2 Approve City Filing an Amicus Curiae Brief in Support of the Bozeman Municipal Watershed
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 27, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
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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.
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Project in Cause No. 21-35070 Cottonwood Environmental Law Center v. LeAnne Marten, in
her official capacity as Regional Forester of Region One, et al.(Sullivan )
F.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Last
Best Properties, LLC for the South Bridge Living Site Plan Project (20173)(Flammond)
F.4 Authorize the City Manager to Sign the Purchase Agreement with Sutphen Corporation for
Two New Fire Engines(Waldo)
F.5 Authorize the City Manager to Sign a Construction and Maintenance Agreement with
Montana Rail Link for the Railroad Crossing on Griffin Drive(Lonsdale)
F.6 Authorize the City Manager to Sign a Professional Services Agreement with Granicus for City
Website Refresh(McMahan)
F.7 Authorize the City Manager to Sign a Professional Services Agreement with Sterling BZN, LLC
to Represent the City in the Sale of Fire Station #1(Winn)
F.8 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc. for Remediation
Systems Operation and Maintenance at the Bozeman Landfill for Fiscal Year
2022(Flammond)
F.9 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc for Groundwater and
Perimeter Methane Monitoring and Assessment of System Performance and Effectiveness
at the Bozeman Landfill for Fiscal Year 2022(Flammond)
F.10 Resolution 5320, Authorizing Prime Change Order 12 with Langlas and Associates for
Construction of the Bozeman Public Safety Center(Winn)
F.11 Ratify Emergency Order Closing all Burning in the City Limits issued by Bozeman Fire Chief
Waldo(Waldo )
G.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.
H.Action Items
H.1 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning
Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application
21123(Rogers)
H.2 Public Hearing to Determine Whether Bozeman Fire Station #1 Owned by the City is
Necessary for the Conduct of City Business or that the Public Interest may by Furthered by
the Sale of the Property to Help Fund the Construction of the Bozeman Public Safety Center
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(BPSC)(Winn)
H.3 Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely
within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365,
Gallatin County, Montana(Lonsdale)
H.4 Appeal 21240 Filed by Bozeman Matters Regarding Conditional of Approval of the Whole
Foods & Pad Site Plan Application 20412(Matsen)
I.Appointments
I.1 Appointment to the Bozeman Area Bicycle Advisory Board(Maas)
I.2 Appointment to the City Planning Board(Maas)
I.3 Appointments to the Board of Ethics (Maas)
J.FYI / Discussion
K.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.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Interim Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:July 27, 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 Interim
Accounting Technician Levi Stewart.
Report compiled on: July 16, 2021
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
SUBJECT:Approve City Filing an Amicus Curiae Brief in Support of the Bozeman
Municipal Watershed Project in Cause No. 21-35070 Cottonwood
Environmental Law Center v. LeAnne Marten, in her official capacity as
Regional Forester of Region One, et al.
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to approve the City's filing an Amicus Curiae Brief in Cause No. 21-
35070 Cottonwood Environmental Law Center v. LeAnne Marten, in her
official capacity as Regional Forester of Region One, et al., in support of the
Bozeman Municipal Watershed Project.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City entered a MOU with the Custer-Gallatin National Forest in 2005
which established a framework for cooperation between the parties to
maintain a high quality, predictable water supply for the City through
cooperative efforts including implementing sustainable land management
practices. Since that time, the City has invested millions into critical
infrastructure and projects to mitigate the impacts of wildfire on the City's
water supply. 80% of the City's municipal water supply comes from the
Hyalite/Sourdough watersheds which are on and surrounded by forest
service land. The Forest Service's Bozeman Municipal Watershed (BMW)
Fuels Reduction Project is integral to the City's efforts to ensure an adequate
and safe municipal water supply.
The City Commission has long supported the BMW project, the City's smaller
Sourdough Fuels Reduction Project, and City efforts to protect its municipal
water supply. Staff is seeking approval from the Commission to file an
Amicus Curiae (Friend of the Court) Brief in the current litigation challenging
the BMW project. This brief will not argue the legal merits of the case, but
rather provide relevant and factual information to aid the Court in their
decision making from the perspective of a municipality that is directly
impacted by the decision in this case.
Please note, the attached document is a draft of the amicus anticipated to
be filed. The City Attorney's Office does not anticipate substantive changes,
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but reserves the right to update, edit, revise the brief including adding
relevant appendix and citations before filing, if approved.
UNRESOLVED ISSUES:The City has requested an extension to file it's brief to July 28, 2021. As of
July 22, the City has not yet received notice if this request has been granted.
If no extension is granted, the brief will not be filed.
ALTERNATIVES:Not file an Amicus Curiae Brief.
FISCAL EFFECTS:None.
Attachments:
Appendix 1 Reister Decl.pdf
Appendix 2 Lewellen Decl.pdf
Draft Amicus for CC review.pdf
Report compiled on: July 21, 2021
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Case 2:20-cv-00031-BMM Document 10-7 Filed 09/25/20 Page 1 of 67
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Case 2:20-cv-00031-BMM Document 10-7 Filed 09/25/20 Page 6 of 612
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA, BUTTE DIVISION
COTTONWOOD ENVIRONMENTAL
LAW CENTER, CV 18-00087-DLC
Plaintiffs,
V. DECLARATION OF
COREY LEWELLEN
LEANNE MARTEN, et al..
Defendants.
I, Corey Lewellen, in accordance with the requirements of 28 U.S.C § 1746
declare:
1. My name is Corey Lewellen and I reside in Three Forks, Montana. I am
employed by the United States Forest Service, Custer Gal1atin National Forest
as the District Ranger on the Bozeman Ranger District. My duty station is at
3710 Fallon Street Suite C, Montana, 59718.
2. My primary work responsibility includes the administration and
oversight of the Bozeman Ranger District. I have worked for the Forest
Service for 18 years, with the last six years being a District Ranger in the
Northern Rocky Mountain Region, including the last three years in my current
position on the Custer Gallatin National Forest.
3. The purpose of the Bozeman Municipal Watershed Fuels Reduction
Project is to: Maintain (in the long term) a high-quality, predictable water supply
for Bozeman through cooperative efforts with the City of Bozeman in
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 1 of 7
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implementing sustainable land management practices. Specific objectives to meet
this purpose include:
a. Implement vegetation management projects that will begin to reduce the severity and extent of wildland fires in the Bozeman and Hyalite Municipal Watersheds. b. Focus on treatments that will begin to reduce the risk of excess sediment and ash reaching the municipal water treatment plant in the event of a
severe wildland fire.
c. Provide for firefighter and public safety by beginning to modify potential
fire behavior.
d. Reduce fuels in the wildland/urban interface (WUI) to reduce potential fire
spread and intensity between National Forest System lands and adjacent private lands.
The Bozeman Municipal Watershed Fuels Reduction project fulfills these
objectives.
4. The Gallatin National Forest conducted a landscape assessment in 2004
involving 130,000 acres in the Sourdough/Hyalite Creek drainages, which are
part of the Bozeman municipal watershed. The assessment looked at risks for
wildland fire and identified trends for noxious weeds, fish and wildlife,
watershed, and forest health. Two additional studies were conducted in the
municipal watershed by local governments. One was a water source protection
study, done for the City of Bozeman, and the second was done by the Bozeman
Watershed Council for Gallatin County. Both studies identified fuels treatment
as a high priority for the protection of the watershed.
5. The Custer Gallatin National Forest has participated in years of successful
cooperation with the City of Bozeman, dating back to a Memorandum of
Understanding (MOU) signed in 2005. The MOU established a framework for
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 2 of 7
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cooperation between the parties to maintain (in the long term) a high quality,
predictable water supply for the City of Bozeman through cooperative efforts in
part by implementing sustainable land management practices. Most recently,
together, we have initiated a series of live social media updates, launched a
project website, provided and posted numerous different posters and info sheets,
all aimed to inform the community of the implementation and benefits of the
project.
6. Implementation of this project was enjoined by a court order since
2013. The injunction was dissolved in April of 2020. As a result, the City
of Bozeman and the Custer Gallatin National Forest have been moving
forward with implementation of the project. The Custer Gallatin National
Forest will be implementing fuels reduction work, including non-
mechanical thinning of dense timber stands and prescribed fire beginning
in October of 2020. This hand treatment fuels reduction work entails
thinning stands and removing small diameter (6” or less) trees to open the
canopy spacing and reduce surface fuels. We will advertise additional
fuels contracts this calendar year for thinning work that will include both
mechanical and non-mechanical treatments. Mechanical treatments will
thin mature stands of timber to create fuel breaks to provide more
defensible space for firefighters and increase tree and canopy spacing on
the National Forest, and areas adjacent to private land with homes. All of
this work is aimed to meet the project objectives and to reduce the
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 3 of 7
15
severity of impacts that could result from a large-scale fire.
7. The threat and impact from wildland fire within municipal
watersheds and to private homes and structures is a valid, legitimate, and
imminent risk. The Bozeman Creek and Hyalite Creek municipal
watersheds were threatened by the Millie fire in 2012, which burned more
than 10,000 acres directly adjacent to the watershed. The threat of fire has
been proven again with the current Bridger Foothills Fire that ignited on
September 4th of 2020, the fire size if more than 8,000 acres and is
currently 83% contained. As the Forest Service Agency Administrator
responsible for this fire, I experienced and observed the devastating
impacts of the fire in the WUI, with approximately 30 primary residences
destroyed. An additional 40 structures (outbuildings, sheds, garages) were
also damaged or destroyed. I experienced and observed the threat and
impact of fuels conditions and fire behavior on public and firefighter
safety while suppression activities are continuing to be implemented. The
fire resulted in a closure of a major state highway, an area closure to more
than 64,000 acres of public land, the temporary displacement of hundreds
of residences who had to evacuate, and a permeant displacement to those
who lost their homes. The fire also threatened key businesses and vital
infrastructure to the community of Bozeman, like the Bridger Bowl Ski
Area. The Bridger Foothills Fire burned directly adjacent to Lyman
Springs, another municipal watershed for the City of Bozeman.
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 4 of 7
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Significant impacts could have occurred if the fire would have burned in
Lyman Springs and could have impacted up to 20% of the water supply to
the City of Bozeman. Even without the fire burning in the watershed, the
fire team had to take additional precautions, working with the City of
Bozeman, to help identify and protect critical infrastructure like solar
panels, water pumps, and water collection facilitates. The Bridger
Foothills Fire is a perfect example of what could occur in the Bozeman
Municipal Watershed Fuels Reduction project area.
8. Further delay of implementation of the Bozeman Municipal Watershed
Fuels Reduction project would limit the Custer Gallatin National Forest's
ability to implement the National Cohesive Wildland Fire Management
Strategy. The National Cohesive Wildland Fire Management Strategy is a
strategic push to work collaboratively with all stakeholders and across all
landscapes, using best science, to make meaningful progress towards the
three goals:
e. Resilient Landscapes f. Fire Adapted Communities, and
c. Safe and Effective Wildfire Response.
9. If another injunction is granted, it will prevent implementation of the project,
stopping of over 4,000 acres of high priority fuels reduction treatments within WUI
and the two municipal watersheds. Critical infrastructure that is needed for the
municipal watershed (like intake structures, head-gates, valuable pump houses) are in
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 5 of 7
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the project area and are some of the highest priority improvements that require
protection. This project will prevent sediment, ash, and debris from clogging and
damaging the water system infrastructure as a result of a fire. This area also includes
other valuable improvements and infrastructure in the WUI such as homes,
outbuildings, roads and trails, power lines, campgrounds, and other recreational
facilities.
10. Delay of implementation of this project will mean that the public and
firefighter safety purposes of the project will not be achieved. There is only
one primary access road in and out of the project area, and during the summer season
the area experiences over 50,000 visitors per month. Preventing this work will reduce
the safe ingress/egress of the public and firefighters in case of an emergency.
11. The Forest Service plays a key role in rural economies through its multiple -
use practices. The Bozeman Municipal Watershed Fuels Reduction project will
provide a source of raw material to local mills and economies. Loss of local mills
and infrastructure has a direct impact on the Forest Service's ability to restore the
landscape and meet management needs. The project, if prevented from
implementation, will also decrease the economic benefit to a variety of potential
contractors. Impacts from a large fire could also decrease recreation use, which is
a large component of the economy to the Bozeman community.
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 6 of 7
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I declare under penalty of perjury, pursuant to 17 U.S.C. § 1746, that the foregoing
is true and correct.
Executed this 21st day of 2020 in Bozeman, Montana.
_________________________
Corey Lewellen, District
Ranger Bozeman Ranger
District
Custer Gallatin National Forest
3710 Fallon Street, Suite C
Bozeman, MT 59718
Case 2:20-cv-00031-BMM Document 10-5 Filed 09/25/20 Page 7 of 7
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INTERESTS OF AMICUS CURIAE1
The City of Bozeman (the City) is responsible for supplying a clean and
adequate water supply for its citizens, and as such the City is directly impacted by
the outcome of this decision including any delay in the Bozeman Municipal
Watershed (BMW) Project. 80% of all Bozeman’s municipal water supply comes
from the BMW project area. The City is doing everything in its power to prepare
for and mitigate the impact of wildfire on its water supply, but as our water originates
in and is surrounded by land in federal ownership, the City must rely on its federal
partners in the U.S. Forest Service to also do everything legally permissible to
protect the watershed. The City files this brief not to further argue the legal merits
of this case, but instead to provide context and framework of one of our Nation’s
fastest growing municipalities whose source of potable water sits in the crosshairs
of protracted litigation. It is almost certainly a matter of when, not if, a fire begins
in the BMW Project area. Inaction or delay at this time continues to unnecessarily
jeopardize the water supply and the life and property in the Wildland Urban
Interface. The City supports the BMW Project and based on the legal argument of
1 Pursuant to Fed. R. App. P. 29(a)(2), both parties have consented to the filing of this brief. Neither party nor their counsel have authored or contributed money to fund the preparation of this brief. This brief was authored solely by the
undersigned and Assistant City Attorneys supervised by the undersigned.
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the Defendants and very real threat facing the City’s water supply, asks the district
court’s dismissal of Plaintiff’s Amended Complaint be affirmed.
INTRODUCTION
The City of Bozeman is the county seat of Gallatin County located in
Southwest Montana. For the last four years, Bozeman has been recognized as the
fast growing micropolitan city in the country.2 In 2019, the U.S. Census Bureau
estimated the population of Bozeman to be just under 50,000 people, up from 37,000
in 2010.3 In addition to the City’s residents, Bozeman receives millions of visitors
a year with Yellowstone National Park, blue ribbon trout rivers, and ski resorts all
in our backyard.4 The visual appeal of Bozeman for both residents and tourists alike
is readily apparent. The City is flanked by the Bridger Mountains to the North and
the Gallatin Range to the South. The Gallatin Range, located within the Custer-
Gallatin National Forest, is home to both Sourdough (aka Bozeman) and Hyalite
Creeks, and the BMW project site. The City collects water from both Sourdough
Creek and Hyalite Creek and these watersheds provide approximately 80% of the
City’s water supply. The remaining 20% of City’s water comes from the Lyman
2 https://policom.com/rankings-micropolitan-areas/
3 https://www.census.gov/quickfacts/fact/table/bozemancitymontana/PST045219
4 The Bozeman Yellowstone International Airport reported serving 1.57 million passengers in 2019. https://www.bozemandailychronicle.com/news/business/bozeman-international-airport-sees-daylong-delays-amid-jet-fuel-shortage/article_e27315ca-123c-5d35-
a01b-24a0239335b3.html
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Creek water source in the Bridger Mountains. Amicus Appendix 1, Declaration of
Mitch Riester, at 5.5
In the early 2000s, assessments and studies examining the Sourdough/Hyalite
Creek drainages were conducted by the Custer-Gallatin National Forest (the Forest),
the City, and the Bozeman Watershed Council for Gallatin County. Amicus
Appendix 2, Declaration of Corey Lewellen at 4).6 The studies identified fuels
treatment as a high priority for the protection of the watershed. Id. In 2005 the City
entered into a Memorandum of Understanding with the Forest which established a
framework for cooperation between the parties to maintain a high quality,
predictable water supply for the City through cooperative efforts including
implementing sustainable land management practices. Id at 5. For over 15 years
the City has worked with the Forest. Both parties developed fuels reduction plans
for land in the watershed. The BMW Project was challenged in 2013 and the project
stayed for over six years. Upon curing the Endangered Species Act issues, the Court
5 The Declaration of Mitch Reister is part of the Record contained in Docket No. 10:
“Response to Motion for Temporary Restraining Order # 7 Exhibit G Reister Decl.” As neither party included this document in the Excerpts of the Record submitted to this Court, it is attached as Appendix 1. 6 The Declaration of Corey Lewellen contained in Docket No. 10: “Response to Motion for Temporary Restraining Order #5 Exhibit E Lewellen Decl.”. As neither party included this document in the Excerpts of the Record submitted to this Court,
it is attached as Appendix 1.
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dissolved the injunction in the late fall of 2020. All. for Wild Rockies & Native
Ecosystems Council v. Marten, 455 F. Supp. 3d 956, 959 (D. Mont. 2020).
Both the City and the Forest fuels reduction projects are in their initial
implementation stages and prepared to proceed. The City understands the legal
reasons for the six year stay during the prior litigation, but the on the ground reality
is the costs to do the work have increased along with the risk of fire.
RELEVANT FACTS AND ARGUMENT
1. Legal duty to provide adequate and clean water supply
The City has assumed the responsibility to provide water for consumption
and fire protection to its residents, businesses, and institutions, and to fulfill this
responsibility the City has a legal duty to take necessary and reasonable steps to
ensure the water it provides is both adequate in volume and safe. See, e.g., Mont.
Code Ann. § 7-13- 4402 (2011) ("The city or town council has power to adopt,
enter into, and carry out means for securing a supply of water for the use of a
city or town or its inhabitants"); Mont. Code Ann. § 7-13-4406(l)(c) ("(I) Cities
and towns have jurisdiction and control: (c) over the source of streams from
which water is taken for the enforcement of its sanitary ordinances, the abatement
of nuisances, and the general preservation of the purity of its water supply")
(emphasis added); and Mont. Code Ann. § 75-6-101 ("It is the public policy of
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this state to protect, maintain, and improve the quality and potability of water for
public water supplies and domestic uses").
2. Proactive Steps Bozeman is taking to protect municipal water supply
The City has long recognized its responsibility to prepare for and mitigate
wildfire impacts to its water supply and critical infrastructure.
• Water Treatment Plant improvements
In the early 2000s the City conducted and prepared a Source Water Protection
Plan. A crucial finding of the plan was the significant risk facing the City’s Water
Treatment Plant (WTP) which sits right at the edge of the timberline, from wildland
fire. The Source Water Protection Plan revealed the then existing WTP was
incapable of handling heavy sediment loads which would result from rainfall-runoff
following a large wildland fire. The heavy sediment loads would result in a
potentially significant water shortage for the City. Amicus App. 1, at 6. The City
took proactive steps and invested millions of dollars in the upgrading the WTP. The
improvements were completed in 2014 and while the improvements are designed to
increase the WTP’s ability to handle significant degradations to its source water
quality, it still has vulnerabilities and its capacity to handle wildfire impacted water
is not unlimited. According to Mitch Reister, the City’s former Director of Public
Works,
“In the event of a large scale wildland fire, the WTP may not be able to process
unlimited amounts of highly degraded water resulting in intermittent shut
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downs of the WTP and water shortages for the City. Equally, the water intake
and transmission pipes that convey raw water to the WTP are also highly
susceptible to damage, inundation, and plugging due to debris, landslides, and
severe erosion that can result from a severe wildland fire. Heavy sediment
loads resulting from a severe wildland fire may also damage and require premature replacement of pretreatment and filter membrane equipment.”
Id at 8
• The Sourdough Fuels Reduction Project
The City owns approximately 4,000 acres of land within the Sourdough
watershed in patchwork with the Forest land. The City has worked for nearly a
decade with the Forest Service to coordinate the City’s treatment project – the
Sourdough Fuels Reduction Project - with the BMW in an attempt to limit the
interruption and impact to the public and wildlife. The Sourdough Fuels Reduction
Project focuses on the most vulnerable portion of the City’s landholding: 380 acres
of heavily timbered land surrounding the City’s municipal water supply intake on
Sourdough Creek. The City was awarded approximately $270,000.00 in grant funds
by the Montana Department of Natural Resources to assist in the implementation of
the Sourdough Fuels Reduction Project. Amicus App. 1, at 10 and 12. These funds
expire and become unavailable at the beginning of April 2022. Id.7 In addition to
grant funds the City has allocated $400,000 of water enterprise funds to complete
necessary fuels reduction. 325 of the 380 acres surrounding the intake
7 Subsequent to the Declaration being authored, the grant funds expiration date was
extended from December 2021 to April 2022.
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(approximately 86%) will be treated on City land. The City’s project alone helps
reduce fuels located immediately surrounding the WTP and intake however the full
BMW Project on federal land is needed for any meaningful fuels reduction in the
watershed. The City’s first contract for work on the Sourdough Fuels Reduction
project was approved by the City Commission on June 22, 2021 and the preliminary
work is underway.
3. Threats facing water supply
Wildfire and drought are significant threats to Bozeman’s municipal water
supply. “The threat and impact from wildfire within municipal watersheds and to
private homes and structures is a valid, legitimate and imminent risk. The Bozeman
Creek and Hyalite Creek municipal watersheds were threatened by the Millie fire in
2012, which burned more than 10,000 acres directly adjacent to the watershed.”
Amicus App. 2 at 7. The remaining 20% of the City’s water supply comes from
Lyman Creek located in the Bridger Mountains just North of Bozeman. In 2020, the
Bridger Foothills Fire burned directly adjacent to Lyman Canyon in which the City’s
Lyman Spring water supply is situated. During the Bridger Foothills Fire, additional
resources were required and focused on protecting critical infrastructure like solar
panels, water pumps, and water collection facilitates. Amicus App. 2 at 8.
According to the National Integrated Drought Information System, as of the
second week of July 2021, 65% of Montana is experiencing severe drought
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conditions, including Gallatin County.8 The City’s Drought Management Plan
adopted in 2017 has four stages of drought that progress from Stage 1: Drought
Watch to Stage 4: Drought Emergency.9 On July 13, 2021, the Bozeman City
Commission passed a Resolution skipping Stage 1 entirely and declaring a Stage 2
Drought Advisory, which requires mandatory outdoor water restrictions for
residents. Similar restrictions have not been implemented since the 1980s. On July
20, 2021, the Gallatin County Commissioners issues an Emergency Ordinance
implementing a county wide burn-ban given. The City’s Fire Chief ordered a burn
ban the following day on July 21, 2021 for the City. The drought conditions and
early heat waves Montana is experiencing thus far this year, have similarities to the
precursor of the 2017 fire season in Montana where almost 1.3 million acres
burned.10
CONCLUSION
The City has invested millions of dollars into ensuring its water treatment
plant can mitigate effects of wildfire and to ensure it can meet its obligations to its
8 https://www.drought.gov/states/montana
9 https://www.bozeman.net/home/showpublisheddocument/4791/637582421838630000 10https://web.archive.org/web/20170925230711/http://www.kpax.com/story/36438177/kpaxkaj-special-report-montana-wildfires-2017), https://www.ktvq.com/news/fire-watch/nrcc-meteorologist-heatwave-could-
jumpstart-mt-wildfire-season.
27
citizens for a safe and adequate water supply, but the City must rely on its federal
partners in the Forest to complete this critical fuels reduction project to protect our
investments and community. Smoke currently fills the air in and around Bozeman
as another fire season is in full swing, reminding us that time is of the essence.
To be clear, by filing this Amicus and supporting the BMW fuels reduction
project, the City is in no way minimizing the significant impacts of climate change.
In fact, the City fully recognizes climate change has accelerated the danger of
wildfire and therefore the need for the BMW fuels reduction project. The City
appreciates the climate considerations proposed for the new forest plan for future
projects, but the City agrees climate has been adequately considered when reviewing
the BMW project. To require a supplemental EIS under a yet to be adopted forest
plan would further delay this essential project. The City therefore respectfully
requests this Court affirm the district court’s decision and allow this vital project to
continue.
28
Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of
Dedication with Last Best Properties, LLC for the South Bridge Living Site
Plan Project (20173)
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Last Best Properties, LLC for the South Bridge Living Site
Plan Project (20173).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:N/A
Attachments:
Irrevocable Offer of Dedication
Report compiled on: July 13, 2021
29
30
31
32
33
Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Authorize the City Manager to Sign the Purchase Agreement with Sutphen
Corporation for Two New Fire Engines
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the purchase agreement with Sutphen
Corporation for two new fire engines.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The current fire engines are reaching their end of life span for front line
service and are scheduled for replacement as an FY-23 project in the Fire
and Capital Equipment Fund. The current fire engines are experiencing
extensive down times and escalating maintenance cost due to their age,
mileage, and hours. The current construction time for new fire engines is
ranging between 12-14 months from date of final design approval, thus the
fire department needs to begin the process of designing and constructing
the fire engines now to ensure delivery in FY-23. Approval of this purchase
agreement would allow for a potential late 2nd quarter FY-23 delivery.
These new engines aim to be smaller in overall length and wheelbase
compared to the current fire trucks to allow for better maneuverability with
the city. The current fire engines will be maintained as reserve apparatus for
the second half of their life once the new fire engines arrive.
These fire engines are being purchased via a cooperative purchasing
agreement via NPP.Gov. The RFP that was used by NPP.Gov to bid these fire
engines has been reviewed and approved by the city legal department for
compliance with city and state procurement processes.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As recommended by Commission
FISCAL EFFECTS:The finance department has approved starting this purchase process in FY-
22 to ensure a FY-23 delivery. The total cost of the two fire engines is slated
to be $1,218,236.00
34
Attachments:
Bozeman MT NPP Proposal.pdf
Fire-Apparatus-RFP-1905-Synopsis.pdf
Purchase Agreement with Sutphen Corporation.pdf
Sutphen warranties full document.pdf
Report compiled on: July 15, 2021
35
SUTPHEN CORPORATION
6450 Eiterman Road | Dublin, OH 43016 | 1-800-848-5860
PROPOSAL
TO THE:
Bozeman Fire Department
Attn: Chief Josh Waldo
34 North Rouse Ave
Bozeman, MT 59771
DATE: July 9, 2021
We hereby propose and agree to furnish the following firefighting equipment upon your
acceptance of this proposal:
Two (2) Sutphen Heavy Duty Custom Pumpers Complete and Delivered for the
Total Sum of ............................................................................. $1,218,236.00
*VIA NPP PUBLIC GPO CONTRACT #PS20250*
The unit shall be manufactured completely in accordance to the following proposal and
delivered in approximately 12-14 months from the date of the contract signing or purchase
order, subject to delays from all causes beyond our control including shortages caused by
pandemics.
This proposal shall be valid until July 31, 2021. If the contract or purchase order is not
received within this proposed duration, we reserve the right to extend, withdraw, or modify
our proposal, including pricing, delivery times, and prepayment discounts as applicable.
Respectfully submitted,
Zach Rudy
Director of Sales and Marketing
Sutphen Corporation
36
LEAGUE OF OREGON CITIES
Fire Apparatus Solicitation Synopsis
Solicitation No. 1905
Intent
The League of Oregon Cities (LOC) served as Lead Agency to solicit proposals for Fire
Apparatus. LOC works in cooperation with National Purchasing Partners “NPP” and its
Government Division dba NPPGov, dba Public Safety GPO and dba Law Enforcement
GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership.
The published Request for Proposal (RFP) contained provisions that permitted all
members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting
Master Price Agreement.
Determination for issuing RFP vs. Sealed Bid
LOC has determined that it is advantageous for LOC to procure Fire Apparatus using a
secure competitive RFP process evaluated based on “best value” rather than sealed
bidding. Sealed bidding limits evaluation of offers solely to compliance with the
requirements, provides no opportunity to compare the product and service offerings
among the vendors, and uses price as the predominate deciding factor. Such limitations
prevent LOC from awarding the most advantageous contract(s) for LOC and its
members.
Procedure
LOC issued an RFP (1905) on November 12th, 2019.
The RFP was published in the Daily Journal of Commerce on November 11th, 2019.
The RFP was published in USA Today on November 12th, 2019.
The RFP closed on February 11th, 2020.
The RFP was awarded on May 6th, 2020.
The RFP was posted to the following web sites: www.nppgov.com, www.orcities.org and
www.findrfp.com
37
The text of the published notice of solicitation is as follows:
LOC received a proposal (s) from the following vendor (s):
1. Alexis Fire Equipment
2. Brindlee Mountain
3. E-One Inc
4. Ferrara Fire Apparatus
5. Fouts Brothers
6. HME
7. ONE Boat Rescue
8. Pierce Manufacturing
9. Spartan Fire
10. Sutphen Corporation
11. Watts Manufacturing
A copy of the log for proposals received is attached hereto.
38
Proposals were evaluated by LOC based on the criteria contained in the RFP and
selected the following successful proposer(s):
1. Alexis Fire Equipment
2. Brindlee Mountain
3. E-One Inc
4. Ferrara Fire Apparatus
5. Fouts Brothers
6. HME
7. ONE Boat Rescue
8. Spartan Fire
9. Sutphen Corporation
Evaluation
The evaluation was based on the following criteria as described in the RFP (weighted):
Component Evaluated Weight
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions. PPW Section 7.0 and Pricing structure.
25
Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability. PPW Section 9.0.
15
Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.
PPW Section 4.0.
15
Customer Service: Support dedicated to Participating Agencies. Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce. PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15
Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation. Experience with cooperative purchasing. PPW Sub-Section 1.2.
15
Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability. Clearly states distribution model and provides dealer list if applicable. PPW Section 3.0 and Exhibit 1.
10
39
Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable.
PPW Section 8.0 and 4.5 of RFP.
5
TOTAL 100
Pricing Structure
Alexis Fire Equipment: Proposer provided a fixed pricing structure. See Price List
Attachment in the resulting Master Price Agreement.
Brindlee Mountain: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
E-One Inc: Proposer provided a discount off list price. See Price List Attachment
in the resulting Master Price Agreement.
Ferrara Fire Apparatus: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
Fouts Brothers: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
HME: Proposer provided a fixed pricing structure. See Price List Attachment in
the resulting Master Price Agreement.
ONE Boat Rescue: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
Pierce Manufacturing: Proposer provided a fixed pricing structure for the base
model vehicles listed in their proposal. See Price List attached in the resulting
Master Price Agreement for details. In addition, Proposer has included a
discount off currently published List Price for additional options, modifications
and customization's to base model vehicles. See Price List attached in the
resulting Master Price Agreement for details
Spartan Fire: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
Sutphen Corporation: Proposer provided a discount off list price. See Price List
Attachment in the resulting Master Price Agreement.
40
Additional Information
National Purchasing Partners Bruce Busch, Senior VP
1100 Olive Way bruce.busch@mynpp.com
Suite #1020 (206) 515-5439
Seattle, WA 98101 www.nppgovernment.com
41
42
43
44
45
Agreement for Purchase of two fire engines
FY2020-2021
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ___________ , 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, Sutphen Corporation, hereinafter
referred to as “Seller.” The City and Seller may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Sutphen Proposal date July 9, 2021, attached hereto as Exhibit A which
is incorporated into this Purchase Agreement by this reference. By accepting this Purchase
Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of
all machines, software, hardware, materials and other devices furnished under this Purchase
Agreement which are not of the Seller’s design, composition, or manufacture shall be free and
clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City
harmless from any and all costs and expenses, including attorney fees, liability, and loss of any
kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend
such claims, suits, or actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response
to the same.
3. Price: The City agrees to pay the amount shown in exhibit A as the purchase price.
All prices include shipping and any applicable local, state or federal taxes that may be applied to
the Property to be purchased. This price is firm and not subject to escalation under agreed to in
writing by the City.
4. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
46
Agreement for Purchase of two fire engines
FY2020-2021
Page 2 of 7
Seller agrees to delivery to the City in a fully operational status and all accessories properly
installed no later than 12-14 months from the date of order. Delivery will occur at 34 N. Rouse
Ave, Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of
the Property and/or performance of services required under this Purchase Agreement cannot be
made Seller shall promptly notify the City of the earliest possible date for delivery or performance.
Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform
required services within the time specific or to the City’s satisfaction the City may terminate this
Purchase Agreement or any part therefore without liability except for good or services previously
provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery
or service shall not constitute a waiver of any claim, right or remedy the City has under this
Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City
has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s
responses which have been accepted by City. If the Property meets the Specifications, City shall
tender the purchase price stated above to Seller through the City’s normal claim process. Unless
otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt
of invoice or acceptance and delivery of goods and services by the City, whichever occurs last.
Payment will be made to Seller at the address previously stated unless Seller provides a different
address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
Seller represents it is, and for the term of this 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). Seller 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.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
47
Agreement for Purchase of two fire engines
FY2020-2021
Page 3 of 7
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair
or replace the same at Seller’s expense; (iii) reject any material or equipment included in the
Property containing defective or nonconforming equipment or material and return for credit or
replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by
Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute
property to replace the Property described herein. In such event, Seller is liable to City for the
difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
receipt of City’s written change order without response received by the City within 10 (ten)
business days or Seller’s shipment or other performance reflecting the change, whichever occurs
first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL
DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
48
Agreement for Purchase of two fire engines
FY2020-2021
Page 4 of 7
9. Insurance/Indemnification: The Seller shall insure the Property for a minimum
of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the City by reason of any injury or loss, including but not
limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city
of the Property.
10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. Laws and Regulations: Seller 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.
49
Agreement for Purchase of two fire engines
FY2020-2021
Page 5 of 7
15. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16. 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.
17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
18. 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.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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.
50
Agreement for Purchase of two fire engines
FY2020-2021
Page 6 of 7
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
51
Agreement for Purchase of two fire engines
FY2020-2021
Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By___________________________ By____________________________
Jeff Mihelich City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
52
continued
STANDARD VEHICLE WARRANTY
SUTPHEN CORPORATION (Sutphen) warrants to the original purchaser of a Sutphen vehicle, that it will provide for
repairs to the Sutphen vehicle during the warranty period, in accordance with the following items, conditions, limitations
and exclusions.
1. --- What is covered except as otherwise stated below: Sutphen shall provide repair or replacement, at the sole option of
Sutphen, of any part of a Sutphen vehicle in which a defect in materials or workmanship appears under normal use,
maintenance or service.
2. --- Warranty period: This limited warranty is in effect for a period of twelve (12) months or 24,000 miles, whichever comes
first. The warranty period will begin on the date the vehicle is delivered to the original purchaser. This limited warranty
is void if the odometer has been disconnected, its reading has been altered, or true and accurate mileage cannot be
otherwise determined by Sutphen.
3. --- Other warranties: The manufacturers of other equipment and components, installed on the vehicle, including but not
limited to engine, transmission, axles, pumps, tanks, and signaling devices and other installed equipment, may provide
their own warranties. These warranties are separate from this limited warranty and shall constitute the sole and
exclusive warranty for those specific covered components. Sutphen shall have no duty or obligation to repair or replace
such components. Please review each manufacturer’s warranty for descriptions and details of their respective warranty.
4. --- Purchaser responsibilities: Normal maintenance such as those detailed in the Sutphen Operation and Maintenance
Manuals are the responsibility of the purchaser. A copy of maintenance documentation may be requested before approval
is given for warranty repair. Failure to comply with such maintenance voids this limited warranty.
5. --- What is NOT covered: This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which
a defect in materials or workmanship appears within the limited warranty period.
Examples of items not covered include, but are not limited to:
A. Major components or trade accessories such as purchased chassis, engines, signaling devices, transmission, pump,
tank, or generator that have a separate warranty by the original manufacturer, or equipment used in fire fighting.
B. Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion
of the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the
vehicle or any damage covered by owner insurance.
D. Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or
off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid
and lubricant levels and failure to follow operating instructions.
F. Normal maintenance such as lubrication, filter replacement, fluid replacement, belts, hoses, clutch, brake linings,
brake drums, or disc brake rotors and electric accessories, etc.
G. Batteries, tires, light bulbs.
H. Towing charges and storage expenses.
I. Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs,
vacation pay, etc.
J. Discharge and compound gauges from freezing.
K. Leaking seals on discharge and suction valves.
L. Damage caused from exposure to road de-icing compounds or use in an acidic environment.
M. Hydraulic failures caused by incorrect or contaminated oil.
N. This warranty terminates upon transfer of ownership of the vehicle from the original purchaser.
O. Damage caused from not following cab and body washing and care procedures located on truck and in operation and
maintenance manual.
6. --- Obtaining repairs:
A. All limited warranty work must be authorized by Sutphen prior to repairs being attempted.
B. To obtain limited warranty repairs the vehicle must be taken by customer to an Authorized Sutphen Service Center
within the limited warranty period. To find the name and location of the nearest Authorized Sutphen Service Center
in your area, call 1-866-287-5549 or write Sutphen Corporation / Warranty Admin, PO Box 1845, Springfield, OH
45501.
C. Sutphen reserves the right to inspect the vehicle before repairs are made and Sutphen shall be deemed the sole
judge as to whether there is a defect in materials or workmanship under normal use, maintenance or service.
53
March 1, 2012 Supersedes All Previous Warranties
D. Any part or parts considered to be covered by the conditions of this limited warranty shall be returned, freight
prepaid, to Sutphen, or to such other location as may be approved by the company. Replacement or repair of parts
determined to be within this limited warranty shall be F.O.B. at Sutphen.
E. In an emergency, where an Authorized Sutphen Service Center is not reasonably available, contact Sutphen Service
Department for instructions. Repairs may be performed, at purchaser’s risk, at any available service establishment
chosen by purchaser. Purchaser must contact Sutphen Service Department the first business day after completion of
repairs. Approved repair invoices must be received by Sutphen within sixty (60) days of repairs. Upon Sutphen’s
receipt of invoice, Sutphen will review the invoice for reimbursement to the purchaser. Any reimbursement will
consist only of the reasonable and customary repair expenses normally covered under this limited warranty.
Sutphen will assume no liability and will not warrant the workmanship or components which are the subject of any
reimbursement under this policy.
7. --- Warranty limitations:
A. Nothing contained in this warranty shall make Sutphen liable beyond the express limitations hereof, for loss, injury
or damage of any kind to any person or entity resulting from any defect or failure in the machine.
B. To the extent permitted by law, this limited warranty is also in lieu of all other obligations or liabilities on the part
of Sutphen or the Seller, including liability for incidental and consequential damages.
C. Sutphen makes no representation that the machine has the capacity to perform any functions other than as
contained in the company’s written literature, catalogs or specifications accompanying delivery of the machine.
D. No person or affiliated company representative is authorized to give any other warranties or to assume any
other liability on behalf of Sutphen in connection with sale, service or repair of any apparatus manufactured
by the company.
E. Sutphen reserves the right to make design changes or improvements in it’s products without imposing any
obligation upon itself to change or improve previously manufactured products.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
54
continued
APPARATUS BODY STRUCTURAL
INTEGRITY WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants each new body and heavy duty rescue body manufactured by Sutphen to be
free of structural failures caused by defective design or workmanship for a warranty period of ten (10) years after the date on
which the vehicle is first delivered to the original purchaser or 100,000 miles, whichever occurs first. This warranty is limited to
body tubular support and mounting structures and other structural components.
Sutphen’s obligation under this warranty is limited to repairing or replacing, as Sutphen may elect, without charge to the
original purchaser, the structural component or components which Sutphen, after examination, finds, to Sutphen’s satisfaction,
to have structurally failed due to defective design or workmanship.
Sutphen’s obligation under this limited warranty is subject to the conditions precedent (1) that the claimed failure shall have
first appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed
failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise,
the claimed failed item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notification,
with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to
conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty.
Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect. The warranty is
pro-rated for a period of ten (10) years from the date of delivery, as follows: first five years, one hundred percent (5-100%); sixth
year, seventy-five percent (6-75%); seventh and eight years, fifty percent (7/8-50%); ninth and tenth years, twenty five percent
(9/10-25%).
In advance of the original purchaser effecting repair or replacement of a structural component or components found by Sutphen
to have structurally failed due to defective design or workmanship, approval for the repair or replacement must be obtained from
Sutphen’s Customer Service Department. Repair or replacement must be made by a facility approved in advance by Sutphen.
Failure to obtain either or both of the advance approvals voids this warranty. Coverage under this warranty of labor for repair or
replacement is limited to the time or amounts reasonably necessary, as determined by Sutphen, to make the repair or
replacement. Labor time or amounts deemed excessive by Sutphen are not covered under this warranty.
Any repair or replacement effected by Sutphen under this limited warranty is itself warranted under this warranty for the
duration of the warranty period subject, however, to the provisions of this warranty as are applicable to the structural
component or components or replaced by Sutphen. Further, this warranty shall be void if the vehicle is involved in an accident,
shows signs of abuse, or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or to equipment used
in fire fighting.
B. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the vehicle
assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle or any
damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or
off-road use.
E. --- Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F. --- Towing charges and storage expenses.
G. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs,
vacation pay, etc.
H. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. ---- (1) Normal maintenance services or adjustments:(2) any item that has been repaired, replaced or altered by a facility not
approved in advance by Sutphen Customer Service Department or in a manner which in Sutphen’s judgment, may
adversely affect the operation or longevity of the vehicle or item; (3) special, incidental or consequential damages including,
but not limited to, loss of time, inconvenience, loss of use, or lost profits; (4) any malfunction resulting from misuse,
negligence, alternation accident, or lack of operational knowledge or normal maintenance or adjustments; (5) time required
to unload or reload the vehicle or item; (6) nonstructural breakage or cracking; (7) material bending, buckling or other
metal deformation unless caused by a structural failure of a structural component as identified in Sutphen’s specifications,
of the body due to defective design or workmanship; or (8) transportation fees or charges to or from any facility.
55
March 1, 2012 Supersedes All Previous Warranties
J. ---- This limited warranty is void if Sutphen determines that the vehicle or item has been neglected, misused, altered,
overloaded, loaded beyond specified compartment weight limits, loaded to a state of excessive imbalance side to side, or
damaged. This warranty is also void if Sutphen determines that the warranty claim is false or misrepresented, that the
vehicle or item has been damaged in an accident or by an act of God, or that the structural failure is attributable to use or
operation of the vehicle or item in a manner or for a purpose other than that for which Sutphen intended or designed the
vehicle or item.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED
BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE
AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
56
continued
CAB STRUCTURAL INTEGRITY
WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the cab of each new custom fire and rescue vehicle manufactured by Sutphen to
be free of structural failures caused by defective design or workmanship for a warranty period of ten (10) years after the date on
which the vehicle is first delivered to the original purchaser or 100,000 miles, whichever occurs first. This warranty is limited to
the cab tubular support and mounting structures and to the other structural components.
Sutphen’s obligation under this warranty is limited to repairing or replacing, as Sutphen may elect, without charge to the
original purchaser, the structural component or components which Sutphen, after examination, finds, to Sutphen’s satisfaction,
to have structurally failed due to defective design or workmanship.
Sutphen’s obligation under this limited is subject to the conditions precedent: (1) that the claimed failure shall have first
appeared during the warranty period; (2) that the original purchaser shall have notified Sutphen in writing of the claimed
failure within thirty (30) days after the claimed failure shall have first appeared, and (3) that, unless Sutphen directs otherwise,
the claimed failed item or items shall have been returned to Sutphen, or to Sutphen’s designee, promptly after the notification,
with transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to
conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this warranty.
Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.The warranty is
pro-rated for a period of ten (10) years from the date of delivery as follows: first three years, one hundred percent; four years,
seventy-five percent; five years, fifty percent; six years, forty percent; seven years, twenty-five percent; eight years, twenty
percent; nine years, fifteen percent; ten years, ten percent.
In advance of the original purchaser effecting repair of replacement of a structural component or components found by Sutphen
to have structurally failed due to defective design or workmanship, approval for the repair or replacement must be obtained from
Sutphen’s Customer Service Department. Repair or replacement must be made by a facility approved in advance by Sutphen.
Failure to obtain either or both of the advance approvals voids this warranty. Coverage under this warranty of labor for repair or
replacement is limited to the time or amounts reasonably necessary, as determined by Sutphen, to make the repair or
replacement. Labor time or amounts deemed excessive by Sutphen are not covered under this warranty.
Any repair or replacement effected by Sutphen under this limited warranty is itself warranted under this warranty for the
duration of the warranty period subject, however, to the provisions of this warranty as are applicable to the structural
component or components repaired or replaced by Sutphen. Further, this warranty shall be void if the vehicle is involved in an
accident, shows signs of abuse, or evidence of being operated in an improper manner.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or equipment used in
fire fighting.
B. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the
vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle
or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or
off-road use.
E. Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F. --- Towing charges and storage expenses.
G. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs, vacation
pay, etc.
H. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. ---- (1) Normal maintenance services or adjustments:(2) any item that has been repaired, replaced or altered by a facility not
approved in advance by Sutphen Customer Service Department or in a manner which in Sutphen’s judgment, may
adversely affect the operation or longevity of the vehicle or item; (3) special, incidental or consequential damages including,
but not limited to, loss of time, inconvenience, loss of use, or lost profits; (4) any malfunction resulting from misuse,
negligence, alternation accident, or lack o f operational knowledge or normal maintenance or adjustments; (5) time required
to unload or reload the vehicle or item; (6) nonstructural breakage or cracking; (7) material bending, buckling or other
metal deformation unless caused by a structural failure of a structural component as identified in Sutphen’s specifications,
of the cab due to defective design or workmanship; or (8) transportation fees or charges to or from any facility.
57
March 1, 2012 Supersedes All Previous Warranties
J. ---- This limited warranty is void if Sutphen determines that the vehicle or item has been neglected, misused, altered,
overloaded, loaded beyond specified compartment weights limits, loaded to a state of excessive imbalance side to side, or
damaged. This warranty is also void if Sutphen determines that the warranty claim is false or misrepresented, that the
vehicle or item has been damaged in an accident or by an act of God, or that the structural failure is attributable to use or
operation of the vehicle or item in a manner or for a purpose other than that for which Sutphen intended or designed the
vehicle or item.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND APPROVED
BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE
AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
58
October 25, 2016 Supersedes All Previous Warranties
FRAME WARRANTY
LIFETIME
SUTPHEN CORPORATION (Sutphen) warrants to the original user/purchaser only of a Sutphen chassis, that the frame or
frame members are free of defects in material and workmanship, ordinary wear and tear excepted, for the lifetime of the
vehicle.
Sutphen’s obligation under this warranty is strictly limited to repairing, as the company may elect, any part or parts of such
frame or frame members which the company’s examination discloses to be defective in material or workmanship. The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company’s option. Transportation cost to and from the servicing location will be the responsibility of the
user/purchaser.
Sutphen’s obligation under this limited warranty is subject to the conditions (1) the claimed failure shall have first appeared
during the warranty period; (2) the original purchaser shall have notified Sutphen in writing of the claimed failure within
thirty (30) days after the claimed failure shall have first appeared, and (3) unless Sutphen directs otherwise, the claimed failed
item or items shall have been returned to Sutphen, or to Sutphen designee, promptly after the notifications, with
transportation charges prepaid. Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to
conducting or approving any repair or replacement, to determine whether the claimed failure is covered by this limited
warranty. Sutphen’s obligation under this warranty is strictly limited to repair or replacement as the company may elect.
This warranty shall be null and void if the frame shows any evidence of alterations, cutting, splicing, additional welding or
drilling of rails or flanges without the written authorization of Sutphen. Further, this warranty shall be void if the vehicle is
involved in an accident, shows signs of abuse, or evidence of being operated in an improper manner. The frame and under
carriage shall be washed and painted, by the owner, where needed, semi-annually or as conditions require; if rust starts, it
must be properly primed and painted or this warranty shall be voided.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon delivery,
or equal. Several times a year wash underneath the apparatus, especially during winter months. If power wash is used, use a
fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime, paint, and re-
undercoat areas where bare metal is showing, or warranty shall be void.
If optional Ziebart undercoating is provided on the apparatus, purchaser is required to have undercoating inspected annually
by an Authorized Ziebart Dealer for a minimum of 10 years.
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of the
vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
B. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle
or any damage covered by owner insurance.
C. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or
off-road use.
D. --- Damage caused by failure to follow the requirements of the maintenance schedule.
E. --- Towing charges and storage expenses.
F. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, lodging or travel costs,
vacation pay, etc.
G. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
59
continued
PAINT WARRANTY TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants vehicle exterior paint finish of fire apparatus against peeling, cracking, and
lack of adhesion, provided the vehicle is used in a normal and reasonable manner. This limited warranty is extended only to
the original user/purchaser.
Sutphen’s obligation under this warranty is strictly limited to repairing or replacing as the company may elect. The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company’s option. Transportation cost to and from the servicing location is the responsibility of the
user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence
of being operated in an improper manner.
Periodically check apparatus for chips and scratches in the paint and repair them with touch-up paint furnished upon
delivery, or equal paint. Several times a year wash underneath the apparatus, especially during winter months. If power wash
is used, use a fan spray only or it may damage the undercoating or paint. If damage of undercoating or paint occurs, prime,
paint, and re-undercoat areas where bare metal is showing.
Sutphen’s obligation under this limited warranty is subject to these conditions:
(1) The claimed failure shall have first appeared during the warranty period;
(2) The original purchaser shall have notified Sutphen in writing of the claimed failure within thirty (30) days after the
claimed failure shall have first appeared, and
(3) Unless Sutphen directs otherwise, the claimed failed item or items shall have been returned to Sutphen, or to Sutphen
designee, promptly after the notification, with transportation charges prepaid.
Sutphen reserves the right to thoroughly examine the vehicle or parts thereof, prior to conducting or approving any repair or
replacement, to determine whether the claimed failure is covered by this limited warranty. Sutphen’s obligation under this
warranty is strictly limited to repair or replacement as the company may elect.
The warranty is pro-rated for a period of Ten (10) years from the date of delivery as follows: first year, one hundred percent;
second year, one hundred percent; third year, one hundred percent; fourth year, fifty percent; fifth year, forty percent; sixth
year, twenty five percent; seventh year, ten percent, eighth year, paint only, ninth year, paint only, tenth year, paint only.
Paint only coverage from the paint manufacturer covers top coat and appearance only (gloss and color retention).
This limited warranty covers only repair or replacement of any part of a Sutphen vehicle in which a defect in materials or
workmanship appears within the limited warranty period. Examples of items not covered include, but are not limited to:
A. --- Major components or trade accessories that have a separate warranty by the original manufacturer, or to equipment used
in fire fighting.
B. --- An unauthorized alteration or modification to the vehicle, including the body, chassis or components, after completion of
the vehicle assembly by Sutphen and any problems that occur as a result of such alterations or modifications.
C. --- Damage caused by collision, fire, theft, freezing, vandalism, riot, explosion, acts of God, war or objects striking the vehicle
or any damage covered by owner insurance.
D. --- Damage caused by misuse or improper operation of the vehicle such as driving over curbs, overloading, racing or
off-road use.
E. --- Damage caused by failure to follow the requirements of the maintenance schedule, failure to maintain proper fluid and
lubricant levels and failure to follow operating instructions.
F. --- Incidental expenses such as loss of vehicle use, inconvenience, loss of time, vehicle rental, loading or travel costs,
vacation pay, etc.
G. --- Gold leaf or striping and Scotchlite emblems or decals, except that which is affected by repair.
H. --- Damage caused from exposure to road de-icing compounds or use in an acidic environment.
I. ---- Damage caused from not following cab and body washing procedures on truck and in Operation and Maintenance
manual.
J. ---- Defects if vehicle is damaged, dented, scratched or rusted from severe salt or road corrosive materials, or faded or
discolored by exposure to heat or severe sun conditions or environmental conditions.
K. --- This warranty shall not apply to non-exterior surface areas (i.e. compartment interiors, undercarriages).
L. --- This warranty shall only apply to exterior coatings applied by Sutphen Corporation and specifically excludes all coating
applications applied by other manufacturers including chassis and chassis compartments.
60
September 12, 2019 Supersedes All Previous Warranties
M. --- This warranty shall exclude accessory vendor equipment that is painted to match the finished vehicle.
N. --- This warranty shall exclude painted roll-up doors.
O. --- Hazing, chalking or loss of gloss caused by improper care, abrasive polishes, cleaning agents, heavy duty pressure
washing or aggressive mechanical wash system.
P. --- Paint deterioration caused by abuse, accidents, acid rain, chemical fallout or acts of nature.
Q. --- Accidents, scratches, chips, bruises and gloss reduction due to normal vehicle use and maintenance.
R. – Third party undercoatings like Ziebart or Krown are not covered in this warranty.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
61
March 1, 2012 Supersedes All Previous Warranties
PLUMBING WARRANTY
TEN (10) YEARS
SUTPHEN CORPORATION (Sutphen) warrants the stainless steel pipe and ancillary brass fittings used in the construction
of the water plumbing system, for a period of ten (10) years, provided the vehicle is used in a normal and reasonable manner.
This limited warranty is extended only to the original user/purchaser.
Sutphen’s obligation under this warranty is strictly limited to repairing or replacing as the company may elect. The company
reserves the right to require any such repairs to be made either at a company owned service facility or another approved
service facility at the company’s option. Transportation cost to and from the servicing location is the responsibility of the
user/purchaser. Further, this warranty shall be void if the vehicle is involved in an accident, shows signs of abuse, or evidence
of being operated in an improper manner.
This limited warranty covers only repair or replacement of above mentioned item(s) in which a defect in materials or
workmanship appears within the limited warranty period.
This warranty terminates upon transfer of possession or ownership of the vehicle from the original purchaser.
THIS WARRANTY IS PROVIDED IN EXCLUSION OF ANY AND ALL OTHER REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY FOR BUYER'S
INTENDED USE. NO PERSON IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON BEHALF OF SUTPHEN
CORPORATION OTHER THAN SET FORTH HEREIN. ANY MODIFICATION TO THIS WARRANTY MUST BE IN WRITING AND
APPROVED BY THE PRESIDENT OF SUTPHEN CORPORATION. THE PROVISIONS OF THIS LIMITED WARRANTY SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF A SUTPHEN VEHICLE PURCHASER.
For more information contact:
Sutphen Corporation / Warranty Admin.
PO Box 1845 • Springfield, OH 45501
Phone (937) 969-8851 • Toll Free (866) 287-5549
62
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Construction and Maintenance
Agreement with Montana Rail Link for the Railroad Crossing on Griffin Drive
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to Sign a Construction and Maintenance
Agreement with Montana Rail Link for the Railroad Crossing on Griffin Drive.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project includes a reconstruction of the Griffin Drive railroad crossing. Griffin
Drive is being reconstructed to include a center turn lane, curb and gutter
and a shared use path on both sides of Griffin Drive. The project also
improves the railroad crossing with upgraded railroad signals and gates,
including added gates for the shared use path, and interconnection with the
traffic signal that will installed at the Manley Road intersection. Based on the
construction needs and changes in equipment, Montana Rail Link requires a
new Construction and Maintenance Agreement. The Construction and
Maintenance Agreement identifies the responsibilities of the City of
Bozeman and of Montana Rail Link with respect to construction of the
improvements and the long term maintenance of the improvements. The
Construction and Maintenance Agreement also includes updated easement
documents and a construction permit for the construction of the Griffin
Drive improvements.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The costs of $2560.00 for preliminary engineering design of the crossing and
the construction costs of $399,472 for the railroad crossing improvements
plus the flagging costs outlined in Exhibit B of the agreement are available
and will be paid for out of funds from the project SIF 113 Griffin Drive
63
Construction.
Attachments:
20210715_Griffin Drive_Construction and Maintenance
Agreement_ with Exhibits.pdf
Report compiled on: July 21, 2021
64
Page 1 of 14
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR GRIFFIN DRIVE PUBLIC
ROADWAY IN THE CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
RAILROAD 2ND SUBDIVISION RAILROAD MILEPOST 141.41
DOT# 060073Y
AGREEMENT, made this _____ day of ____________________, 2021 (the “Effective Date”),
between the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
hereinafter referred to as "CITY", and MONTANA RAIL LINK, INC., a Montana Corporation,
hereinafter referred to as "RAILROAD":
WITNESSETH:
WHEREAS, RAILROAD has entered into a long-term lease with the Burlington
Northern Railroad Company, a successor in interest to the Northern Pacific Railway
Company, now known as the BNSF Railway Company (“BNSF”), to operate a railway
company and maintain railroad tracks and infrastructure on the said RAILROAD right of way;
WHEREAS, a 60-foot wide easement was granted by the Northern Pacific Railway
Company on September 16, 1940, to Gallatin County across the RAILROAD’s right of way for
the public roadway now known as Griffin Drive, and said easement is found in the Records
of Gallatin County at Book 84, Page 365;
WHEREAS, Griffin Drive is listed as U-1217N by the Montana Department of
Transportation (“MDT”) in its list of Urban Highway System Routes, and CITY and MDT have
entered into that certain agreement dated October 2020 in which CITY agreed to assume
performance of construction and maintenance responsibilities for U-1217N Griffin Drive;
WHEREAS, CITY and RAILROAD agree that additional public roadway easement area
is in their mutual interests and is necessary to accommodate CITY’s plans for roadway
improvements at Griffin Drive as shown on the map attached and marked as Exhibit “A”;
WHEREAS, the parties desire that all future Griffin Drive construction, reconstruction,
and maintenance projects on RAILROAD’s right of way be built in accordance with plans and
specifications to be prepared by CITY and approved by RAILROAD;
WHEREAS, RAILROAD and MDT have entered into that certain “GRADE CROSSING
SIGNALS TWO-PARTY AGREEMENT” dated January 17, 2007, for the construction and
maintenance of active grade crossing warning signals at DOT# 060073Y, the main line at-
grade crossing of Griffin Drive on RAILROAD’s right of way;
65
Page 2 of 14
WHEREAS, in the interest of aiding public safety and installing certain supplemental
safety measures (“SSMs”) required for a future quiet zone at DOT# 060073Y, the CITY is
including an upgrade of the existing active grade crossing warning signals system in its scope
of work for roadway improvements to Griffin Drive, and RAILROAD agrees to install and
maintain the new active grade crossing warning signal system;
WHEREAS, this agreement will supersede that certain “GRADE CROSSING SIGNALS
TWO-PARTY AGREEMENT” dated January 17, 2007, for the construction and maintenance
of active grade crossing warning signals at DOT# 060073Y and make that agreement null
and void;
WHEREAS, Mont. Admin. R. § 18.6.311 provides that CITY will own the active grade
crossing warning signal system;
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit
from the contemplated roadway improvements nor from the installation of the active grade
crossing signal equipment;
WHEREAS, the parties agree that the four-quadrant pedestrian gates and
appurtenances thereto installed at the multi-use trail crossings of Griffin Drive are quiet
zone-specific grade crossing warning signal equipment;
WHEREAS, the parties will negotiate a separate agreement for installation (at other
crossing locations), inspections, maintenance, repairs, and replacement of the quiet zone-
specific grade crossing signal equipment at such time as the CITY undertakes a project to
create a whistle quiet zone in accordance with 49 CFR Part 222;
WHEREAS, the CITY will own and maintain the roadway and related appurtenances,
including trails, sidewalks, drainage features, and traffic signals;
WHEREAS, the parties agree the RAILROAD will continue operating and maintaining
its tracks and appurtenances along with maintaining grade crossing warning devices by
agreement(s) and by the Administrative Rules of Montana;
NOW, THEREFORE, in consideration of the premises herein contained, the parties
agree:
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I
The RAILROAD shall recommend to the BNSF Railway Company (“BNSF”) that BNSF
grant to CITY, by separate instrument, an easement on its operating right of way, as shown
on the attached Exhibit "A”, for the continued operation and maintenance of the Griffin Drive
public roadway.
The RAILROAD hereby gives CITY a construction permit for the sole purpose of
constructing the contemplated roadway improvements, as shown in the area shown on
Exhibits “A” and “A1”, for a two-year period commencing on the Effective Date of this
Agreement.
The consideration for said easement and construction permit will be the permanent
partial abandonment (by separate instrument), and as shown on the attached Exhibit “D”, of
a portion of the said public roadway easement granted by the Northern Pacific Railway
Company on September 16, 1940, and found in the Records of Gallatin County at Book 84,
Page 365. It is understood that the abandonment instrument will be executed by the CITY
concurrently with this agreement.
II
CITY or its Contractor will construct, or cause to be constructed, improvements to
Griffin Drive in compliance with plans developed by CITY or its engineers and approved by
the RAILROAD and approved as necessary under CITY’s said agreement with MDT (within
its urban route). Nothing herein shall be construed or deemed to be a ratification or an
adoption by the RAILROAD of any construction plans and specifications as its own. CITY will
gain RAILROAD’s agreement for material changes to the project plans affecting the
RAILROAD’s right of way occurring after this agreement is signed
The CITY will present the attached Exhibit "C", Contractor Requirements for Work on
the Right of Way of the RAILROAD, to its contractors for any maintenance or reconstruction
work on the roadway or appurtenances thereto. The CITY 's contractor will comply with all
aspects of this attachment. There will be no equipment, manpower or work on the right of
way of the RAILROAD prior to approval by the RAILROAD. The CITY’s contractor(s) will
telephone the RAILROAD's Communication Network Control Center at (800) 338-
4750 (a 24-hour number), and Utilities Underground Location Center (800) 424-5555, to
determine if underground utilities or communication facilities are buried anywhere in the
area.
Should it become necessary for the RAILROAD to obtain the services of a consultant
engineer or a contractor after this agreement is completed, and due to any exigency of the
RAILROAD and the project, the CITY and the RAILROAD will mutually agree, in writing, as to
the area of need and the RAILROAD's selection of a consultant or contractor.
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III
CITY and the RAILROAD will perform various items of work as follows:
PART A
WORK TO BE PERFORMED BY CITY (OR ITS CONTRACTOR) AT CITY EXPENSE:
1. Except as herein provided, furnish all plans, engineering, supervision, labor,
materials, supplies, and equipment necessary for construction of the project,
complete in all details.
2. Perform all work not specifically mentioned as work performed by the
RAILROAD necessary to complete the project in accordance with the plans and
specifications.
3. Any work or modification which, under this agreement, may be performed by
the Contractor will nevertheless be the obligation of the CITY, and the
RAILROAD will be entitled to look to the CITY for full performance thereof.
4. CITY will provide the attached Exhibit “C” “Requirements for Contractors,
Public Employees, and Private Individuals (Hereinafter Referred to as
Contractor) When Working on the Railroad’s Right of Way” to its Contractor.
The CITY’s Contractor will comply with all aspects of these attachments.
5. Develop a premises Exhibit “A”, sealed by professional land surveyor licensed
in Montana, and approved by RAILROAD, for inclusion in the easement and
Construction and Maintenance Agreement (“C & M”) documents. Develop a
construction permit premises Exhibit “A1” approved by RAILROAD, for
inclusion in this agreement.
6. Submit all temporary traffic control plans affecting the RAILROAD’s grade
crossing to RAILROAD’s Public Works Engineer Nick Bailey at
nbailey@mtrail.com for approval. Allow a minimum of three (3) days for
RAILROAD’s approval of submitted traffic control plans. Any temporary traffic
control plans affecting the grade crossing must not plan to alter the active
grade crossing warning system and must not utilize a Railroad’s flagger to
control vehicle traffic.
7. Provide construction stakes, including offset stakes, as needed by RAILROAD
to facilitate installation of grade crossing signal masts and trail crossing signal
masts.
8. Provide construction stakes, including offset stakes, as needed by RAILROAD,
to mark the extents of the outer edges of trail surfaces, to facilitate installation
of grade crossing signal masts and trail crossing signal masts.
9. Provide asphalt saw cuts in the asphalt roadway surface on both sides of the
tracks at the grade crossing at five feet (5’) from the nearest rail to
accommodate removal of existing track structure and replacement with new
track structure and concrete surface.
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10. Dispose of asphalt removed to accommodate the new concrete crossing
surface and maintain any temporary gravel surface in the roadway between
the edges of asphalt saw cuts and the newly installed concrete surface at the
grade crossing. Place asphalt patches in that area.
11. All temporary traffic controls, detours, notifications, temporary asphalt, and
asphalt necessary for RAILROAD to complete their work will be the
responsibility of the CITY. It is understood that the grade crossing will be fully
closed to traffic for not more than one (1) day for railroad to complete its
concrete crossing surface installation.
12. Contractor will cooperate with RAILROAD’s forces and with RAILROAD’s
contractors to the maximum extent possible.
13. Provide embankments at the four quadrants around the grade crossing built
to accommodate placement of new grade crossing signal masts for the
roadway, for the trails, and for the signal bungalow prior to such time as
RAILROAD will need to place the bungalow, masts, junction boxes and bored
conduits. RAILROAD will provide an approximate date of need for these
embankments at the Railroad Preconstruction meeting.
14. Coordinate a specific date and time for traffic signal interconnection
installation and testing. Provide five (5) days’ notice to Railroad for turn on of
interconnection.
15. Coordinate the extension of the culvert longitudinal to the tracks with
RAILROAD once RAILROAD has determined the specific width and location of
the bungalow access route.
PART B
WORK TO BE PERFORMED BY THE RAILROAD AT CITY'S EXPENSE:
1. Preliminary Engineering for this project. The CITY will pay $2,560.00 as a
lump sum for Preliminary Engineering. Preliminary Engineering includes all
costs for developing this agreement and standard easement documents to be
used for granting additional easement by the BNSF Railway.
2. Railroad Flagging. Provide railroad flagging protection during construction as
deemed necessary by the RAILROAD.
3. RAILROAD will provide not less than five (5) days’ notice of staking needs.
4. Provide engineering, supervision, labor, materials, and equipment necessary
for the installation of the new concrete crossing surface including upgrades to
the track structure to accommodate the new surface.
5. Install concrete crossing surface materials, including upgraded track
structure, to accommodate an approximately 105.625-foot long concrete
surface in accordance with RAILROAD’s current installation policies.
6. Dispose of track structure materials removed and not reused during
construction of the new concrete surface at RAILROAD’s cost.
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7. Raise embankment as needed to set the new signal bungalow at the proper
elevation and at the proper location on the southeasterly side of the grade
crossing. Provide finish grading and surfacing for the bungalow area.
8. Construct a bungalow access roadway including a turnaround from Evergreen
Drive to the bungalow area.
9. Provide engineering, labor, supervision, materials, and equipment to install
the active grade crossing warning signals system as shown in Exhibit B1 and
in accordance with the Manual on Uniform Traffic Control Devices, current
American Railroad Engineering and Maintenance of Way standards, and
RAILROAD’s policies.
10. Provide a single “dry” contact and sixteen (16) seconds of Advance
Preemption Time for traffic preemption in the design of the grade crossing
signal. system. The Total Warning Time (total circuit approach time) will be
50 seconds.
11. Provide a 2-inch dia. conduit beneath the tracks to the north side of the grade
crossing to a new junction box to be used for the traffic signal interconnect
cable.
12. Upon proper notice, coordinate the interconnect wire installation in
RAILROAD’s signal bungalow and participate in interconnection testing.
13. Coordinate with the power company for electrical service to the new signal
bungalow and for decommissioning of the electrical power service to the
existing signal bungalow.
14. Remove the existing signal bungalow only after the new grade crossing signal
system is installed and operational.
PART C
SEQUENCE OF OPERATION:
1. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually
agreeable date and time. Meeting will be held at or near the grade crossing
prior to any construction on RAILROAD’s right of way.
2. The CITY, the RAILROAD, and the CITY’s Contractor will meet at a mutually
agreeable date and time at the project location to inspect the project when
substantially completed within the RAILROAD’s right of way but prior to the
Contractor’s demobilization of people and equipment.
IV
All reconstruction, improvements, or maintenance work to be done by the CITY or its
contractor on the RAILROAD's right of way will be done in a manner satisfactory to the
RAILROAD and will be performed so as not to unnecessarily interfere with the movement of
trains or traffic upon the track. The CITY will require its Contractor to take precautions to
avoid damage to or interfere with the RAILROAD's track or trains and to notify the
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RAILROAD, as per Exhibit "C," whenever the contractor is about to perform work on, or
adjacent to its track to enable the RAILROAD, upon proper notice from CITY’s Contractor, to
furnish flagging and other necessary protective services and devices to ensure the safety of
railway operations. The RAILROAD can furnish such flagging and protective services and
devices that, in its judgment, are necessary to ensure the safety of railway operations, and
the CITY will reimburse the RAILROAD for the cost thereof. Whenever safeguarding of the
trains or traffic of the RAILROAD is mentioned in this agreement, it is intended to include all
permitted users of the RAILROAD's track.
The CITY, its contractors and subcontractors shall plan, schedule, coordinate
and conduct all work so as not to cause any delay to any train.
V
The RAILROAD will endeavor to submit on a regular basis progress bills for flagging
and other protective services and devices during any work contemplated by this agreement.
The progress bills will contain the dates and hours worked per day. The RAILROAD will
submit a final and complete billing for flagging and other protective services within one
hundred twenty (120) days after being notified of the completion of the project by the CITY.
The attached Exhibit "C," which is made a part hereof, is a statement of conditions when
flaggers, protective services and devices will be furnished by the RAILROAD. Railroad
flagging will be billed separately from the services listed in Exhibit B.
The RAILROAD will submit progress bills to the CITY during the progress of the work
included in this agreement for the actual cost of services and expenses incurred by the
RAILROAD. The estimated cost of the work, except flagging, to be performed under this
agreement by the RAILROAD’s forces at the expense of the CITY is shown on the detailed
estimate attached as Exhibit “B” and made a part of this agreement. The RAILROAD has
inspected the materials in the field prior to signing this agreement. The salvage value of
materials to be retained by the RAILROAD is shown on the attached Exhibit “B”. RAILROAD
shall utilize its approved public projects billing rates and methods. The CITY will reimburse
the RAILROAD for the actual cost and expenses incurred in connection with said work.
It is further agreed that the final and complete billing of all incurred costs will be made
by the RAILROAD at the earliest practical date and that a final audit and review will be made
by the CITY. Records are to be available to the CITY or their authorized representatives for
audit during the contract period and for a period of three (3) years from the date of final
payment.
VI
All contracts between the CITY and its contractor, for the construction provided for
on the roadway facility within the RAILROAD’s right-of-way, shall include language that
specifies the contractor is responsible to RAILROAD, including any of its affiliate RAILROAD
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companies, and its tenants for all damages for any unscheduled delay to any and all freight
or passenger trains that is caused by the contractor’s negligence, failure to comply with its
requirements under this agreement, failure to properly coordinate its work with the
RAILROAD or any cause not attributable to the RAILROAD, but arising from the
contractor’s activities that affect RAILROAD’s ability to fully utilize its equipment and to
meet customer service obligations. Contractor will be billed, as further provided below, for
the economic losses arising from loss of use of equipment and train service employees,
contractual loss of incentive pay and bonuses, and contractual penalties resulting from
train delays, caused by the Contractor, or its subcontractors performing work under the
project identified herein.
It is understood and agreed that this section includes any RAILROAD expenses for
delays arising from RAILROAD work necessitated by acts, omissions or negligence of the
contractor or subcontractors. For loss of use, contractor will be billed the current freight
train hour rate per train as determined from RAILROAD’s record. Any disruption to train
traffic may cause delays to multiple trains at the same time for the same period. In addition
to the above damages, passenger, U.S. mail trains, and certain other grain, intermodal, coal,
special and freight trains operate under incentive/penalty contracts between RAILROAD
and its customers. Under these arrangements, if RAILROAD does not meet its contract
service commitment, RAILROAD may suffer loss of performance or incentive pay or be
subject to a penalty payment. Contractor shall be responsible for any train performance
and incentive penalties or other contractual economic losses actually incurred by
RAILROAD which are attributable to a train delay caused by or related to this project.
The contractual relationship between RAILROAD and its customers is proprietary
and confidential. In the event of a train delay covered by this agreement, RAILROAD will
share information relevant to any train delay to the maximum extent consistent with
RAILROAD confidentiality obligations. Damages for train delay for certain trains could be
as high as $50,000.00 per incident.
VII
All contracts between the CITY and a contractor, for the construction provided for,
or maintenance work on the roadway within the RAILROAD right of way, will require the
contractor to indemnify, defend, and hold harmless the RAILROAD and any other railroad
company occupying or using the RAILROAD's right of way, or line of RAILROAD, against all
loss, liability and damage including attorney’s fees arising from activities of the contractor,
its forces or any of its subcontractors or agents, and will further provide that the contractor
will carry insurance of the kind and amount hereinafter specified:
A. Commercial General Liability Insurance – This insurance must contain broad
form contractual liability with a combined single limit of a minimum of
$2,000,000 each occurrence and an aggregate limit of at least $6,000,000.
Coverage must be purchased on a post 1998 ISO occurrence form or equivalent
and include coverage for, but not limited to the following;
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*Bodily Injury and Property Damage
*Personal Injury and Advertising Injury
*Fire legal liability
*Products and completed operations
This policy must also contain the following endorsements, which must be indicated on the
certificate of insurance:
*It is agreed that any workers’ compensation exclusion does not apply to
railroad payments related to the Federal Employers Liability Act or a railroad
Wage Continuation Program or similar program and any payments made are
deemed not to be either payments made or obligations assumed under any
Workers Compensation, disability benefits, or unemployment compensation
law or similar law.
*The definition of insured contract must be amended to remove any exclusion
or other limitation for any work being done within 50 feet of RAILROAD’s
property.
No other endorsements limiting coverage as respects obligations under the Agreement may
be included on the policy.
B. Business Automobile Insurance – This insurance must contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for, but
not limited to the following:
*Bodily injury and property damage
*Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability insurance including
coverage for but not limited to:
*Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
*Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
A Certificate of Insurance must be provided to the RAILROAD prior to commencement of
work.
D. Railroad Protective Liability insurance naming only the RAILROAD as the
Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in
the aggregate. The policy must be issued on a standard ISO form CG 00 35 10 93
and include the following:
*Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
*Endorsed to include the Limited Seepage and Pollution Endorsement
*Endorsed to remove any exclusion for punitive damages
*No other endorsements restricting coverage may be added
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*The original policy must be provided to the RAILROAD prior to performing
any work or services under this Agreement.
The RAILROAD is to be provided with a separate and individual Railroad Protective
Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages and certificates of insurance shall reflect that no exclusion
exists.
Contractor agrees to waive its right of recovery against RAILROAD for all claims and suits
against RAILROAD. In addition, its insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against RAILROAD for all claims and suits.
The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor
further waives its right of recovery, and its insurers also waive their right of subrogation
against RAILROAD for loss of its owned or leased property or property under Contractor’s
care, custody, or control.
Contractor’s insurance policies through policy endorsement must include wording which
states that the policy shall be primary and non-contributing with respect to any insurance
carried by RAILROAD. The certificate of insurance must reflect that the above wording is
included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad
Protective) shall include a severability of interest endorsement and RAILROAD shall be
named as an additional insured with respect to work performed under this Agreement.
Severability of interest and naming RAILROAD as additional insured shall be indicated on
the certificate of insurance.
Prior to commencing the Work, Contractor shall furnish to RAILROAD an acceptable
certificate(s) of insurance including an original signature of the authorized representative
evidencing the required coverage, endorsements, and amendments and referencing the
contract audit/folder number if available. The policy(ies) shall contain a provision that
obligates the insurance company(ies) issuing such policy(ies) to notify RAILROAD in writing
at least 30 days prior to any cancellation, non-renewal, substitution or material alteration.
This cancellation provision shall be indicated on the certificate of insurance. In the event of
a claim or lawsuit involving RAILROAD arising out of this Agreement, Contractor will make
available any required policy covering such claim or lawsuit.
Any insurance policy shall be written by a reputable insurance company acceptable to
RAILROAD or with a current Best’s Guide Rating of A- and Class VII or better, and authorized
to do business in the state(s) in which the service is to be provided.
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Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s
insurance agent(s)/broker(s), who have been instructed by Contractor to procure the
insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition
to all policy limits for coverages reference above.
Not more frequently than every five years, RAILROAD may ask to reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
Acceptance of a certificate that does not comply with this section shall not operate as a
waiver of Contractor’s obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) obtained by
Contractor shall not be deemed to release or diminish the liability of Contractor including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by RAILROAD shall not be limited by the amount of the required insurance
coverage.
ALL certificates of insurance required for contractor performed construction,
reconstruction, improvements, and/or maintenance work will be forwarded to the
RAILROAD at the following address:
MONTANA RAIL LINK INC. Attention: Contracts Administrator P.O. Box 16390 Missoula, MT 59808-6390 contracts@mtrail.com (406) 523-1566 Office (406) 523-1529 Fax
If the CITY, its contractor, subcontractors, or agents, in the performance of the work
herein provided for or by the failure to do or perform anything for which it is responsible
under the provisions hereof, shall damage or destroy any property of the RAILROAD, such
damage or destruction shall be corrected by the CITY in the event its contractor or the
insurance carriers fail to repair or restore the same.
VIII
Upon completion of any maintenance, improvements, or reconstruction work, the
CITY will require its Contractor to leave the RAILROAD right of way in a condition
satisfactory to the RAILROAD. This determination shall be made by the RAILROAD’s Chief
Engineer or his designee.
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IX
The CITY agrees that in removing snow from said roadway and appurtenances
(including trails/sidewalks), that the CITY will perform such snow removal in a manner as
not to deposit the snow or debris on the roadbed or tracks of the RAILROAD. Any snow or
debris deposited on the roadbed or track sections by actions of the CITY will be removed by
the RAILROAD with such costs of removal billed against the CITY. The RAILROAD agrees to
notify the CITY of any ongoing problem in this area.
X
The CITY will own and maintain the roadway and all appurtenances thereto.
The CITY will be responsible for all future maintenance, repair, improvement, modification
or replacement, as needed, based upon prevailing warrants, guidelines, and conditions. The
CITY agrees that it will do nothing and permit nothing to be done in the maintenance of the
roadway which will interfere with or endanger facilities of the RAILROAD. The CITY will own
and maintain any drainage pipes installed under Section III Part A, if any. The CITY will adjust
or maintain the pipes as per written request of the RAILROAD within 20 days of notification.
The RAILROAD can charge the CITY actual cost for work performed should the CITY not
respond to the written request. The CITY will notify the RAILROAD whenever maintenance
crews will be working on or around these pipes and will have people or equipment within
25 feet of the track. The RAILROAD may require railroad flagging at CITY’s cost.
The quiet zone-specific grade crossing warning signal equipment shall be maintained,
inspected, repaired, and replaced (by separate agreement) at CITY’s cost. The RAILROAD, at
its own cost and expense, will maintain the railroad grade crossing signal system (except
quiet zone-specific grade crossing warning signal equipment) and crossing surface in a
satisfactory manner and will make ample provisions for such maintenance, provided,
however, that the RAILROAD shall be entitled to receive any contribution toward the cost of
such maintenance as may be now or hereafter made available by reason of any law,
ordinance, regulation, order, grant, or by any other means or sources.
Pursuant to Mont. Admin. R. § 18.6.311(1), the CITY will own the railroad grade
crossing signals. If the grade crossing is abandoned, or if for any reason the signals are no
longer required at this location, the RAILROAD and CITY will determine if the signals are to
be installed at another location or used for replacement parts.
In the event that the railroad grade crossing signal equipment is damaged the
RAILROAD'S Chief Engineer or his/her designee will notify law enforcement within two (2)
working days from the date which such damage was found.
Pursuant to Mont. Admin. R. § 18.6.311(3), the CITY will pay for the repair or
replacement cost (damage maintenance cost) of the signal and activation equipment in the
event of damage and the responsible party for the damage cannot be identified or will not
pay.
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If any of the crossing signal equipment installed pursuant to this agreement cannot,
through age, be maintained, or by virtue of their obsolescence require replacement, the cost
of installation of new crossing signal equipment will be negotiated by the parties hereto at
the time of replacement.
XI
In the event said roadway shall, at any time, cease to be used by the public or
otherwise become vacated or abandoned, the rights and benefits of the CITY under this
agreement shall immediately cease, and the CITY shall remove said roadway at its own cost
and expense. To facilitate the CITY’s removal of the roadway, the RAILROAD will issue to the
CITY, at no cost or expense, a permit to accomplish said removal. If after a reasonable time
the CITY has not removed the facility, the RAILROAD, after providing the CITY a minimum of
60 days prior notification, may remove said facility at the expense of the CITY.
Pursuant to Mont. Admin. R. § 18.6.311(1), the CITY will own the railroad signal. If
the grade crossing is abandoned, or if for any reason the signals are no longer required at
this location, the RAILROAD and CITY will determine if the signals are to be installed at
another location or used for replacement parts.
If a railway or a highway improvement project necessitates a rearrangement,
relocation, or alteration of the signals at this crossing, the party whose improvement causes
such change will pay the cost thereof.
XII
All notices, billings, payments, and other required communications ("Notices") to the Parties
shall be in writing, and shall be addressed respectively as follows:
If to CITYY: CITY OF BOZEMAN
Attention: Director of Public Works
P.O. Box 1230
Bozeman, MT 59715
If to RAILROAD: MONTANA RAIL LINK INC. Office of the Chief Engineer P.O. Box 16390 Missoula, MT 59808-6390 Telephone (406) 523-1440 FAX (406) 523-1529
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All notices shall be given (i) by personal delivery to the Parties, or (ii) by electronic
communication, with a confirmation sent by mail, or (iii) by mail. All notices shall be
effective and shall be deemed delivered (i) if by personal delivery on the date of delivery if
delivered during normal business hours, and, if not delivered during normal business hours,
on the next business day following delivery, (ii) if by electronic communication on the next
business day following receipt of the electronic communication, or (iii) if solely by mail on
the next business day after actual receipt. Any Party may change its address by notice to the
other Parties.
XII
This agreement will be binding on the parties hereto, their successors and assigns.
MONTANA RAIL LINK, INC.
By:
Heather Mattson
VP Finance and Accounting
CITY OF BOZEMAN
By:
Name: ________________________________________________
Title:
Attest:
78
79
80
025SCALE:1:505025EXHIBIT A1NORTH81
EXHIBIT "B"
MONTANA RAIL LINK ESTIMATE
UPGRADE SIGNAL SYSTEM AND INSTALL NEW TRACK STRUCTURE WITH CONCRETE CROSSING SURFACE
GRIFFIN DRIVE, DOT# 060073Y, RR MP 141.41, 2ND SUB.
BOZEMAN, MONTANA
05/12/21
DETAILED ESTIMATE OF COST
ITEM QUANTITY UNIT UNIT COST ($)TOTAL COST ($)
SUPERVISOR TIME
SIGNAL SUPERVISOR 16 HRS 99.25$ 1,588.00$
ROADMASTER 8 HRS 83.50$ 668.00$
LABOR
SIGNAL CREW
INSTALL NEW UG CABLE AND PED 50 HRS 291.50$ 14,575.00$
INSTALL BUNGALOW/FIELD WIRE 36 HRS 291.50$ 10,494.00$
INSTALL MASTS AND LIGHTS 54 HRS 291.50$ 15,741.00$
TRAVEL AND MOB 16 HRS 291.50$ 4,664.00$
CUTOVER CREW
TEST/INSPECT NEW EQUIPMENT 16 HRS 431.50$ 6,904.00$
PLACE SIGNALS IN SERVICE 10 HRS 431.50$ 4,315.00$
REMOVE OLD SIGNAL EQUIPMENT 12 HRS 431.50$ 5,178.00$
MAINTENANCE CREW
BUILD TRACK PANEL 24 HRS 371.00$ 8,904.00$
REMOVE EXISTING CROSSING 4 HRS 371.00$ 1,484.00$
REPLACE CROSSING 4 HRS 371.00$ 1,484.00$
SURFACING CREW
SURFACE CROSSING 4 HRS 170.50$ 682.00$
CREWS OVERTIME AND MILEAGE 74,425$ 5%3,721.25$
MAINTENANCE CREWS PER DIEM 50 UNITS 93.20$ 4,660.00$
SIGNAL CREWS PER DIEM 60 UNITS 111.20$ 6,672.00$
SECTION CREW
MATERIALS DELIVERY 8 HRS 207.50$ 1,660.00$
CLEAN UP 8 HRS 207.50$ 1,660.00$
EQUIPMENT USAGE FOR SIGNALS
HY-RAIL PICKUP 120 HRS 34.50$ 4,140.00$
BOOM TRUCK - SIGNAL 120 HRS 103.00$ 12,360.00$
SIGNAL TRUCK 120 HRS 53.75$ 6,450.00$
BACKHOE 80 HRS 91.75$ 7,340.00$
TRAILER 30 HRS 7.25$ 217.50$
EQUIPMENT USAGE FOR CROSSING
BOOM TRUCK 16 HRS 103.00$ 1,648.00$
SPEED SWING 16 HRS 121.25$ 1,940.00$
6700 TAMPER 4 HRS 617.50$ 2,470.00$
REGULATOR 4 HRS 234.00$ 936.00$
HYRAIL PICKUP 4 HRS 34.50$ 138.00$
MATERIALS
RAIL, 136#, CWR, STD CARBON 250 LF 22.75$ 5,687.50$
TIES, SWITCH, WOOD, 7X9X10 77 EA 81.00$ 6,237.00$
PLATE, TIE, 136, PAN, P2 W/RND HOLE 154 EA 19.10$ 2,941.40$
CLIP, PANDROL E-2055 308 EA 1.80$ 554.40$
SPIKE, SCREW, 15/16X6.5, EVERGR.616 EA 2.10$ 1,293.60$
INVENTORY MATERIALS ADDITIVE 16,713.90$ @ 5%835.70$
SCREWS, EXISTING CONC. SURF.3 LOTS 95.00$ 285.00$
BALLAST ROCK 270 TONS 12.35$ 3,334.50$
NEW CONC. XING SURFACE 48.75 LF 185.00$ 9,018.75$
XING SURFACE FREIGHT 1 LS 2,950.00$ 2,950.00$
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DETAILED ESTIMATE OF COST, CONTINUED
ITEM QUANTITY UNIT UNIT COST ($)TOTAL COST ($)
XING SIGNAL PACKAGE (EXHIBIT B1)1 EA 189,520.00$ 189,520.00$
XING SIGNAL FREIGHT - ESTIMATED 1 LS 12,500.00$ 12,500.00$
MISC. CHARGES
DRESS ROCK - SIGNAL 1 LS 2,500.00$ 2,500.00$
POWER SERVICE - SIGNAL 1 LS 6,900.00$ 6,900.00$
CONTRACT BORING - SIGNAL 1 LS 20,000.00$ 20,000.00$
ACCESS ROADWAY - CONTRACTED 1 LS 7,500.00$ 7,500.00$
MINI EXC. RENTAL - SIGNAL 1 LS 1,500.00$ 1,500.00$
ACCOUNTING FEE 3 EA 240.00$ 720.00$
SALVAGE CREDIT - PORTION OF SIGNAL SYSTEM 1 LS (7,500.00)$ (7,500.00)$
TOTAL ESTIMATED COST 399,471.60$
COST TO BE FUNDED BY CITY OF BOZEMAN 399,472$
CUTOVER CREW
1 SIGNAL INSPECTOR 73.50$ 73.50$
1 FOREMAN 66.50$ 66.50$
2 SIGNALMEN 58.00$ 116.00$
2 ASST. SIGNALMAN 54.50$ 109.00$
1 SIGNAL MAINTAINER 66.50$ 66.50$
7 TOTAL 431.50$
HOURLY HOURLY
SIGNAL CREW WAGE COST
1 FOREMAN 66.50$ 66.50$
2 SIGNALMEN 58.00$ 116.00$
2 ASST. SIGNALMAN 54.50$ 109.00$
5 TOTAL 291.50$
MAINTENANCE CREW HOURLY TOTAL
1 FOREMAN 58.00$ 58.00$
2 MACHINE OPERATOR 54.50$ 109.00$
4 LABORER 51.00$ 204.00$
7 TOTAL 371.00$
SECTION CREW
1 FOREMAN 58.00$ 58.00$
2 MACHINE OPERATOR 51.00$ 102.00$
1 LABORER 47.50$ 47.50$
4 TOTAL 207.50$
SURFACING CREW HOURLY TOTAL
1 FOREMAN 58.00$ 58.00$
1 6700 OPERATOR 58.00$ 58.00$
1 REGULATOR OPERATOR 54.50$ 54.50$
3 TOTAL 170.50$
S:\mrleng\NWB\2nd Sub\Public Projects\Bozeman Griffin Drive\[ExhB_Griffin_Drive_041621.xlsx]Griffin
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Page 1 of 10
EXHIBIT “C”
Requirements for Contractors, Public Employees, and Private Individuals
(Hereinafter Referred to as Contractor) When Working on the Railroad’s
Right of Way
(Note – these requirements do not apply to railroad workers and/or contractors or firms
working for the Railroad. Any railroad worker, contractor, or firm doing work for the
Railroad shall comply with the terms and conditions of their contract)
1.01 General
1.01.01 The Contractor shall plan, schedule, and conduct all work activities so as
not to interfere with the movement of any trains on Railroad Property.
1.01.02 The Contractor's right to enter Railroad's Property is subject to the absolute right
of Railroad to cause the Contractor's work on Railroad's Property to cease if, in the opinion of
Railroad, Contractor's activities create a hazard to Railroad's Property, employees, and/or
operations. Railroad has the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the Project
work in a manner contrary to the plans and specifications approved by Railroad; (ii)
Contractor (or any of its subcontractors), in Railroad’s opinion, prosecutes the Project work in
a manner which is hazardous to Railroad property, facilities or the safe and expeditious
movement of railroad traffic; (iii) any of the insurances required by Railroad are canceled
during the course of the Project. The work stoppage continues until all necessary actions are
taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railroad’s
Chief Engineer or his designee, or until additional insurance has been delivered to and
accepted by Railroad. Any such work stoppage under this provision does not give rise to any
liability on the part of Railroad. Railroad’s right to stop the work is in addition to any other
rights Railroad may have including, but not limited to, actions or suits for damages or lost
profits. In the event that Railroad desires to stop construction work on the Project, Railroad
agrees to notify the following individual as soon as possible in writing:
Taylor Lonsdale, P.E.
City of Bozeman
20 East Olive St., 1st Floor
Bozeman, MT 59715
Phone: (406) 582-2286
Email: tlonsdale@bozeman.net
It is understood that written notification by Railroad may be secondary to safeguarding
Railway’s employees, Property, and equipment in the event of a hazardous or unsafe situation.
1.01.03 The Contractor is responsible for determining and complying with all
Federal, State and Local Governmental laws and regulations, including, but not limited to,
environmental, health and safety. The Contractor shall be responsible for and indemnify
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Page 2 of 10
and save the Railroad harmless from all fines or penalties imposed or assessed by Federal,
State and Local Governmental Agencies against the Railroad which arise out of
Contractor's work.
1.01.04 For any demolition, false work above any tracks, or any excavations located,
whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a
slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning
at eleven (11) feet from centerline of the nearest track, both measured perpendicular to
center line of track, furnish the Railroad a pdf electronic file (with included working
drawings to be legibly printable on 11”x17” paper) showing details of construction
affecting Railroad Property and tracks. Ensure the working drawings include the
proposed method of installation and removal of falsework, shoring or cribbing, not
included in the contract plans and ensure each of the sets of plans includes complete
structural calculations of any demolition, falsework, shoring, or cribbing. For all
excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for
Temporary Shoring” (http://www.bnsf.com/in-the-community/pdf/bnsf-up-shoring-
guide.pdf) must be used for determining design loading conditions to be used in shoring
design, and all calculations and submittals must be in accordance with the current “BNSF-
UPRR Guidelines for Temporary Shoring”. For all demolition and false work plans, the
current “BNSF Guidelines for Preparation of Bridge Demolition & Removal Plan Over the
BNSF Railroad” (http://www.bnsf.com/in-the-community/pdf/bnsf-demolition-
guideline.pdf) Sections I, II, III, IV and Appendixes must be followed. Ensure all submittal
drawings and calculations are sealed by a currently registered Professional Engineer
licensed in the State of Montana. Ensure all calculations take into consideration railroad
surcharge loading and are designed to meet American Railroad Engineering and
Maintenance-of-Way Association (previously known as American Railroad Engineering
Association)(AREMA) Coopers E-80 live loading standard. The Railroad will notify the
City and Contractor of Railroad’s comments, and Railroad will advise the City and
Contractor at the time when the Railroad has no objections to submittals. Contractor may
not begin work covered under submittals provided in accordance with this section until
Railroad has provided, in writing, a statement of no objections. The Contractor will be
required to use lifting devices, such as cranes and/or winches, to place or to remove any
false work over Railroad's tracks. The Contractor is in no way to be relieved of
responsibility for results obtained by the implementation of said plans. Railroad has 30
calendar days to review each submittal and provide comments.
1.01.05 Subject to the movement of the Railroad's trains, the Railroad will
cooperate with the Contractor such that the work may be handled and performed in an
efficient manner. The Contractor shall have no claim whatsoever for any type of damages
in the event his work is delayed by the Railroad.
1.01.06 The Contractor shall take protective measures as are necessary to keep the
Railroad’s facilities, including track ballast, free of sand, debris, and other foreign objects
and materials resulting from his operations. Any damage to Railroad facilities resulting
from Contractor's operations will be repaired or replaced by the Railroad and the cost of
such repairs or replacement shall be paid for by the Contractor. Notify Railroad’s Public
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Works Engineer as listed in this Section at least two weeks prior to the anticipated
substantial completion of the Project to arrange for a site inspection at a mutually
agreeable date and time for Railroad and Contractor.
Notify the Railroad's Public Works Engineer in writing, by email at: nbailey@mtrail.com
or by letter to: Public Works Engineer Nick Bailey, Montana Rail Link, PO Box 16390,
Missoula, MT 59808 and provide blasting plans to the Railroad for review and approval
at least seven (7) calendar days prior to conducting any blasting operations adjacent to or
on Railroad's Property.
1.01.07 The Contractor shall abide by the following clearances during construction,
maintenance or improvements.
Abide by the following temporary clearances during construction:
15'-0" Horizontally from center line of nearest track.
22'-6" Vertically above top of rail (temporary falsework clearance may be reduced
to 21'-6" Subject to specific Railroad approval)
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000
volts
30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
34'-0" Vertically above top of rail for electric wires carrying more than 20,000
volts
Upon completion of the project, ensure the following clearances have been maintained:
25’ Horizontally from centerline of nearest track
23’-4” Vertically above top of rail
1.01.08 The Contractor shall not move any equipment or materials across the
Railroad’s track unless at a public road crossing or at an approved temporary crossing
and permission has been obtained from the Railroad.
1.01.09 Discharge, release or spill on Railroad Property of any hazardous
substances in excess of a reportable quantity or any hazardous waste is prohibited, and
Contractor shall immediately notify the Railroad's Chief Dispatcher at 1(800) 338-4750,
of any discharge, release or spills. Contractor shall not allow Railroad Property to become
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a treatment or storage facility as those terms are defined in the Resource Conservation
and Recovery Act or any state analogue.
1.01.10 The Contractor, upon completion of the work covered by this contract, shall
promptly remove from the Railroad's Property all of Contractor's tools, equipment,
implements and other materials, whether brought upon said property by said Contractor
or any subcontractor, employee or agent of Contractor or of any subcontractor, and shall
cause the Railroad's Property to be left in a condition acceptable to the Railroad's
representative.
1.02 Protection of Railroad Facilities and Railroad Flagger Services:
1.02.01 To initially commence flagging and/or to resume flagging after an extended
period of non-use of flagging, give a minimum of thirty (30) calendar days notice to
Railroad’s Public Works Engineer Nick Bailey, at nbailey@mtrail.com in advance of
when flagging services are required in order to bulletin the Flagger position per Railroad’s
labor agreement requirements. If flagging services are scheduled in advance by the
Contractor, and it is subsequently determined by the parties hereto that Flagger services
are no longer necessary, provide a minimum of five (5) business days notice in writing to
the Public Works Engineer and Roadmaster per Section 1.01.06 to abolish the position
per Railroad’s labor agreements.
1.02.02 Once the Project has commenced, submit schedules of required flagging needs
to Railway’s local Roadmaster, local Assistant Roadmaster, and Public Works Engineer
and any persons designated by the CITY on a weekly basis. Submit schedules for the
subsequent week’s flagging needs. Submit schedules electronically by email to the addresses
provided by the Railroad not later than 1400 hours (2 pm) every Thursday. The weekly
schedule is needed for Railroad’s work force utilization. Failure to submit a weekly flagging
schedule may result in a Flagger not being assigned to the Project when needed by Contractor.
Ensure the required flagging needs emails contains the following information each week: Dates
of Schedule, Days of Week, Flagger Needed (Yes/No), Contractor Work Hours, Brief Work
Description. An example of one day of such a schedule is as follows:
Date Day Flagger Yes/No Contractor Hours Work Description
Jan 14 Mon Flagger Yes 0700-1730 Setting forms
1.02.03 Railroad Flagger and protective services and devices are required and furnished
when Contractor's work activities are located over or under and within twenty-five (25)
feet measured horizontally from center line of the nearest track or railroad structures
and when cranes or similar equipment positioned outside of 25-foot horizontally from
track center line that could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereto for the following conditions:
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1.02.03a When in the opinion of the Railroad's Flagger, Roadmaster, or Public
Works Engineer, it is necessary to safeguard Railroad's Property; employees;
trains; engines; and facilities, or when other conditions warrant.
1.02.03b When any excavation is performed below the bottom of tie elevation, if,
in the opinion of Railroad's Flagger, Roadmaster, or Public Works Engineer, track
or other Railroad facilities may be subject to movement or settlement.
1.02.03c When work in any way interferes with the safe operation of trains at
timetable speeds.
1.02.03d When any hazard is presented to Railroad track, communications,
signal, electrical, or other facilities either due to persons, material, equipment, or
blasting in the vicinity.
1.02.03e Special permission must be obtained from the Railroad before moving
heavy or cumbersome objects or equipment which might result in making the
track impassable.
1.02.04 Flagging services are performed by a qualified Railroad Flagger. The sole and
exclusive function of the Flagger is to protect Railroad’s operations from interference by,
and adverse effects from, the Contractor’s activities on Railroad Right of Way.
Performance of this function includes, but is not limited to: (1) setting any required
protective devices and making all necessary communications with Railroad’s operating
groups prior to Contractor’s work start time, (2) a required Job Briefing with the
Contractor’s on-site crew boss each day prior to work commencement, (3) providing the
Contractor with advance notice of approach of railroad owned and/or operated trains or
other “on-track” equipment, and (4) removing required protective devices and making
necessary communications with Railroad’s operating groups after Contractor work has
ceased. Upon notice of approach, Contractor employees must immediately cease work
within 25 feet of tracks and/or place cranes which are in positions to foul tracks in the
event of a tip over into safe configurations and move to the places designated in the
morning Job Briefing. Railroad flagging personnel do not have the authority to modify or
change the contract plan or specifications. Obey any Flagger safety instructions
immediately and without question. Failure to comply may result in Project shut
down until the situation can be resolved to Railroad’s sole satisfaction and/or
additional consequences for the Contractor. Direct questions or requests for
modifications, changes, or interpretations of the contract plans and/or specifications,
which require railroad approval, to the railroad’s Public Works Engineer as listed in
Section 1.01.06.
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1.02.05 The cost of Flagger services provided by the Railroad will be borne by the CITY.
The current base cost per hour for one (1) Flagger is $50.50 which includes vacation
allowance, paid holidays, Railroad and Unemployment: Insurance, Public Liability and
Property Damage Insurance, health and welfare benefits, transportation, meals, lodging
and supervision for an eight (8)-hour basic day with time and one-half or double time for
non-standard start work times, overtime, rest days and holidays. Per diem at the current
rates may be charged if paid to Flagger by Railroad’s labor agreements. In addition, there
will be an estimated current $30.00 per hour charge for vehicle rental, or mileage, from
headquarters to set protective devices, while at Project site, remove protective devices,
then return to headquarters. This rate is for the classification of Laborer 5+ Years and is
shown solely for the Contractor's information, and there is no guarantee that this class of
labor will actually be used or that the rates of pay shown in column will be those in effect
at the time the work is undertaken. These rates are subject to any increases which may
result from Railroad Employees-Railroad Management negotiations or which may be
authorized by Federal authorities. The flagging rates in effect at the time of performance
by the Contractor hereinunder are used to calculate the actual costs of flagging pursuant
to this Section 1.02.
1.02.05a A Flagger generally consists of one (1) employee. However, additional
personnel may need to be assigned as a Flagging Crew at Railroad’s sole discretion.
Additional personnel including, but not limited to, Communications Technicians
and/or Signalmen, used to protect communications and signal facilities, may be
required to protect Railroad Property and operations, if deemed necessary by a
Railroad Supervisor.
1.02.05b Each time a Flagger is called, the minimum period for billing is the eight (8)-
hour basic day, provided the Contractor has been working 8-hour days during the week.
However, two exceptions may raise the minimum billing period: (1) if overtime, as
provided for in Railroad’s labor agreement, was performed on a day, the minimum
billing period includes the overtime plus the minimum 8-hour day, and (2) if the typical
work schedule for the Contractor has been 10-hour days, the minimum billing period
is the 10-hour day, plus any overtime performed that day.
1.03 Contractor Safety Requirements
1.03.01 Work in the proximity of railroad track(s) is potentially hazardous where
movement of trains and equipment can occur at any time and in any direction. Ensure all
work performed by Contractors within 25 feet of the centerline of any track(s) is in
compliance with Federal Railroad Administration Roadway Worker Protection
regulations.
1.03.02 Any Contractor employee, its subcontractor’s employee, agents or invites
under suspicion of being under the influence of drugs or alcohol, or in the possession of
same, will be removed from the Railroad's Property and subsequently released to the
custody of a representative of the Contractor. Future access to the Railroad's Property by
that employee will be denied.
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1.03.03 All persons are prohibited from having pocketknives with blades in excess
of three (3) inches, firearms or other deadly weapons in their possession while working
on Railroad Property.
1.03.04 All personnel protective equipment used on Railroad Property shall meet
applicable OSHA and ANSI specifications. Contractor personnel protective equipment
requirements are; a) safety glasses with side shields, b) hard hats, c) safety shoes:
hardened toe, above-the-ankle lace-up with a defined heel and d) high visibility
retro-reflective orange vests. Hearing protection, fall protection and respirators will be
worn as required by State and Federal regulations.
1.03.05 The Contractor shall not pile or store any materials, machinery or
equipment closer than 25'-0" to the centerline of the nearest Railroad track. At
highway/rail at-grade crossings, materials, machinery or equipment shall not be stored
or left temporarily which interferes with the sight distances of motorists approaching the
crossing. Prior to beginning work, the Contractor may establish a staging and/or storage
area with concurrence of the Railroad's representative.
1.03.06 Machines or vehicles must not be left unattended with the engine running.
Parked machines or equipment must be in gear with brakes set and, if equipped with
blade, pan or bucket, they must be lowered to the ground. All machinery and equipment
left unattended on Railroad Property must be left inoperable and secured against
movement.
1.03.07 Contractor must not create and leave any temporary or permanent
conditions at the work site that would interfere with water drainage. Any work performed
over water shall meet all Federal, State and Local regulations.
1.03.08 Contractor must immediately report any damage to Railroad’s Property, or
any hazard that is noticed on passing trains, to the Railroad Flagger if present at the
project site or to Railroad’s Emergency Hotline at 1-800-498-4838. Report any vehicle or
machine which has or may have come in contact with a track, signal equipment, or
structure and could result in a train derailment by the quickest means possible to the
Railroad Flagger if present at the job site or to the Railroad’s Emergency Hotline at 1-800-
498-4838.
1.04 Excavation
1.04.01 Before excavating, it must be ascertained by the Contractor if there are any
underground pipe lines, electric wires, or cables, including fiber optic cable systems, that
either cross or run parallel with the track which are located within the project's work
area. Excavating on Railroad Property could result in damage to buried cables resulting
in delay to Railroad traffic, including disruption of service to users resulting in business
interruptions involving loss of revenue and profits. A minimum of three (3) business
days before any excavation commences, the Contractor must contact the Railroad's
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Signal Supervisor Nathan Kluck at (406) 570-5993 and Roadmaster Chris Seymour
at (406) 223-3237 and advise them of the upcoming excavation and allow them to
arrange for any signal and communications lines to be located by Railroad’s
personnel. If neither the Signal Supervisor nor the Roadmaster are reached, contact
Railroad’s main office at (406) 523-1440 and advise the Public Works Engineer of
the situation. Railroad is not a party to One-Call Locates. All underground and
overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the
company having ownership of the line. It is also the Contractor's responsibility to notify
any other companies that have underground utilities in the area and arrange for the
location of all underground utilities before excavating.
1.04.02 The Contractor must cease all work and the Railroad must be notified
immediately before continuing excavation in the area if unexpected obstructions are
encountered. If the obstruction is a utility, and the owner of the utility can be identified,
then the owner should also be notified immediately. If there is any doubt about the
location of underground cables or lines of any kind, no work will be performed until the
exact location has been determined. There will be no exceptions to these instructions.
1.04.03 All excavations shall be conducted in compliance with applicable OSHA
regulations, and regardless of depth, shall be shored where there is any danger to tracks,
structures or personnel.
1.04.04 Any excavations, holes or trenches on Railroad Property must be covered,
guarded and/or protected when not being worked on. When leaving work site areas at
night and over weekends, all areas must be secured and left in a condition that will ensure
that Railroad employees and other personnel who may be working or passing through the
area are protected from all hazards. All excavations must be back filled as soon as possible.
1.05 Hazardous Waste, Substances and Material Reporting
1.05.01 If Contractor discovers any hazardous waste, hazardous substance,
petroleum or other deleterious material, including but not limited to any
non-containerized commodity or material, on or adjacent to the railroad's Property, in or
near any surface water, swamp, wetlands or waterways, while performing any work
under this Agreement, Contractor shall immediately: (a) notify the Railroad's Chief
Dispatcher at 1-800-338-4750, of such discovery: (b) take safeguards necessary to
protect its employees, subcontractors, agents and/or third parties: and (c) exercise due
care with respect to the release, including the taking of any appropriate measure to
minimize the impact of such release.
1.06 Insurance Requirements
1.06.01 For projects involving construction or demolition on the Railroad’s
Property or Right of Way, the Contractor will provide proof of insurance which conforms
to the current requirements of the Railroad. The current insurance requirements of the
Railroad can be obtained from the Public Works Engineer at (406) 523-1440. Unless
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specifically notified that Railroad Protective Insurance is not required, the Contractor
should assume Railroad Protective Insurance is a requirement of any work on Railroad
Property or Right of Way.
1.07 Personal Injury Reporting
1.07.01 The Railroad is required to report certain injuries as a part of compliance with
Federal Railroad Administration (FRA) reporting requirements. Any personal injury
sustained by an employee of the Contractor, subcontractor or Contractor's invites while on
the Railroad's Property must be reported immediately (by phone mail if unable to contact in
person) to the Railroad's representative in charge of the project. The Non-Employee
Personal Injury Data Collection Form contained herein is to be completed and sent by
Fax to the Railroad at 1(406) 523-1529 and a copy to the Railroad's Flagger, if present, no
later than the close of shift on the date of the injury.
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St 2. Date: Time:
County: 3. Temperature: 4. Weather
5. Social Security #
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and/or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
[i.e. (a) Laceration (b) Hand]
11. Description of Accident (to include location, action, result, etc.):
12. Treatment:
G First Aid Only
G Required Medical Treatment
G Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILROAD AT (406) 523-1529
AND COPY TO
RAILROAD FLAGGER (IF PRESENT)
93
94
Memorandum
REPORT TO:City Commission
FROM:
Scott McMahan, Information Technology Director
SUBJECT:
Authorize the City Manager to Sign a Professional Services Agreement with
Granicus for City Website Refresh
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to sign a professional services agreement with
Granicus for City Website Refresh.
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 City has been banking website improvement credits for the last five year
term of our agreement with Granicus. We have to use these credits or
forfeit them. We would like to use these credits to offset our overall costs
for doing some redesign work of our website to improve our ability to meet
the needs of our citizens.
UNRESOLVED ISSUES:None.
ALTERNATIVES:
Forgo the website refresh and forfeit our current website credits worth
$13,200.
FISCAL EFFECTS:
There will be a one time up front fee of $24,000 to purchase the website
redesign services. The $24,000.00 will be coming out of our American
Rescue Plan Act dollars. Our annual ongoing support for the site will
continue at our current rate of $10,419 per year.
95
Attachments:
Website Refresh Services.pdf
19- Agreement for Software Subscription and Services -
Granicus LLC - Agenda Management Software.pdf
Report compiled on: July 13, 2021
96
408 Saint Peter Street, Suite 600 Amendment
Saint Paul, MN 55102 Prepared for
United States Bozeman, MT
Order #: Q-112299
Prepared: 06/08/2021 Page 1 of 5
Second Amendment to the Granicus Service Agreement between Granicus,
LLC and Bozeman, MT
This Second Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and
entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter
referred to as "Granicus"), and Bozeman, MT (hereinafter referred to as "Client"), with reference to the following:
WHEREAS, the Client and Granicus entered into an Agreement effective 02/25/2019 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q-112299, which is attached as Exhibit A and incorporated herein by reference; and
NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable
state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client
to provide applicable exemption certificate(s).
2. As of the effective date of this Amendment, Client's use of the Terminating and/or Existing Subscriptions will
be governed by the terms of this Agreement. 3. Payments for One-Time Fees and New Subscriptions Fees shall be invoiced upon 7/01/2021 and due within
30 days in accordance with the billing frequencies outlined in quote Q-112299 dated 06/08/2021. The initial
invoice will reflect all fees for new subscriptions and any billing milestones that have been achieved as of 7/01/2021. 4. Notwithstanding anything to the contrary in the Agreement, Client is permitted to cancel this order, and this
order only, for Products and Services upon written notice to Granicus should Client fail to secure expected
funds provided through the American Rescue Plan Act of 2021 so long as Client has made all reasonable
efforts to obtain such funds for the payment of fees due under this Agreement. If Client cancels this order as
permitted here, Client's Site Improvement Credits shall be available for use until 8/1/2021, on which date
they shall expire.
5. Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall
remain in full force and effect.
6. In the event of any inconsistency between the provisions of this Second Amendment and the documents
comprising the Agreement, the provisions of this Second Amendment shall prevail.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their duly authorized
representatives.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned
also understands the services and terms.
Bozeman, MT Granicus
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Exhibit A
Saint Paul, MN 55102 Prepared for
United States Bozeman, MT
Order #: Q-112299
Prepared: 06/08/2021 Page 2 of 5
Exhibit A
ORDER DETAILS
Prepared By: Eric Silverstein
Phone: 7202770533
Email: eric.silverstein@granicus.com
Order #: Q-112299
Prepared On: 06/08/2021
Expires On: 07/30/2021
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
Current Subscription End Date: 02/24/2022
Current Billing Term End Date: 02/24/2022
ORDER TERMS
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Exhibit A Bozeman, MT
Order #: Q-112299
Prepared: 06/08/2021 Page 3 of 5
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
govAccess Plus Edition 0 Each $10,418.63
SUBTOTAL: $10,418.63
Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the annual fees for new subscriptions.
Client will continue to have access to and use the terminating solution until the later of: I) the new subscriptions are deployed; II) the invoice and payment date.
Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s).
One-Time Fees
Solution Billing Frequency Quantity/Unit One-Time Fee
govAccess – Website Design and
Implementation - Trailblazer
Milestones -
40/20/20/20 1 Each $37,200.00
Site Improvement Credit Up Front 120 Each ($13,200.00)
SUBTOTAL: $24,000.00
New Subscription Fees
Solution Billing Frequency Quantity/Unit Annual Fee
govAccess - Maintenance, Hosting, & Licensing Fee - Core
Annual 1 Each $10,419.00
SUBTOTAL: $10,419.00
Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions
include Recurring Captioning Services, SMS, and Targeted Messages.
Existing Subscriptions
Solution Subscription Start Date Subscription End Date Billing Frequency Quantity/Unit Annual Fee
govAccess Independent Subsite Maint & Hosting 12/15/2020 12/14/2021 Annual 1 Each $3,762.29
SUBTOTAL: $3,762.29
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Exhibit A Bozeman, MT
Order #: Q-112299
Prepared: 06/08/2021 Page 4 of 5
PRODUCT DESCRIPTIONS
Solution Description
govAccess – Website Design and Implementation -
Trailblazer
Website Design and Implementation - Trailblazer provides a citizen focused website and includes:
• Advanced UX Consultation, which may include one (1) or more of the
following:
1. One (1) site analytics report
2. One (1) heatmap analysis
3. One (1) internal stakeholder survey
4. One (1) community stakeholder survey 5. One (1) remote user testing of top tasks • Three (3) customer landing page consultation
• Fully customized homepage wireframe
• Fully responsive design • Custom mobile homepage or standard mobile responsive homepage
• Video background or standard rotating image carousel (switchable at
any time)
• Up to three (3) customer experience features - Choose from Granicus' library including service finder, geo finder, or data visualization banner
• Programming/CMS implementation
• Scripted migration of all webpages
• Up to ten (10) forms converted into the new CMS • One (1) day of on-site consultation / training to be applied towards
additional project management or training (two (2) of three (3) days must
be consecutive)
Site Improvement Credit Site Improvement Credits may only be used towards the cost of
govAccess site improvement projects. Site Improvement Credits are non-
refundable and may not be redeemed as partial credits. Site
Improvement Credits are redeemed as of the date of signature of this
document.
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Exhibit A Bozeman, MT
Order #: Q-112299
Prepared: 06/08/2021 Page 5 of 5
Solution Description
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
The govAccess Maintenance, Hosting, and Licensing plan is designed to
equip the client with the technology, expertise and training to keep the
client's website relevant and effective over time.
Services include the following:
• Ongoing software updates
• Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday)
• Access to training webinars and on-demand video library
• Access to best practice webinars and resources
• Annual health check with research-based recommendations for
website optimization
• DDoS mitigation
• Disaster recovery with 90-minute failover (RTO) and 15-minute data
replication (RPO)
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Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Sterling BZN, LLC to Represent the City in the Sale of Fire Station #1
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign professional services agreement with Sterling
BZN, LLC to represent the City in the sale of Fire Station #1.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Proceeds from the sale of Fire Station #1 at 34 N. Rouse is a critical funding
source for the construction of the Bozeman Public Safety Center. The Public
Safety Center project budget as authorized by the Commission anticipates
$2.5M from the sale of Station #1. The City issued a request for proposals for
real estate services to list and represent the City in the sale of Fire Station #1
and Sterling BZN, LLC was selected after the competitive scoring was
completed. Sale of this public property requires a recent appraisal which was
completed in October of 2020. The appraised value of the property was
$2,830,000.
The City will work Sterling BZN to ensure the sale is properly advertised,
competitive, transparent and meets all applicable requirements for sale of
property for public agencies. City Commission approval is necessary to
complete the sale so the Commission will review the sale at a public meeting
before it is completed.
UNRESOLVED ISSUES:Execution of this agreement is contingent on the City Commission approving
the sale of the property at a public hearing held later in the July 27, 2021 City
Commission Meeting. The City will not execute this agreement if the City
Commission decides that the sale of Fire Station #1 is not in the public
interest.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:$2.5M from the proceeds of the sale of Fire Station #1 is budgeted for the
construction of the Bozeman Public Safety Center. In addition to the $2.5M
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for the project budget, we are anticipating some costs relating to the
relocation of a well on the property used to de-ice Bozeman Creek during
winter months. Any additional revenue could be used to fund any
construction costs exceeding the budget, reduce the bond debt, or used for
other purposes authorized by the Commission.
Attachments:
Sterling BZN PSA Final for Commission.docx
Station 1 Listing Scope of Work FINAL.docx
Report compiled on: July 16, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of July, 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, Sterling BZN, LLC, a Montana limited liability
company, 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 Aand by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and
will expire on the July 31, 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 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
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of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1)a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without expectation
of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The
specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
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 arising from Contractor’s performance of the Services.
7.Indemnity/Waiver of Claims/Insurance: To the fullest extent permitted by law,
Contractor agrees to indemnify and hold the City harmless against claims, demands, suits,
damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by
the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of
the City and Contractor as indemnitee(s) which would otherwise exist as to such indemnitee(s).
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Each Party’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by the other Party.
Should either Party be required to bring an action against the other Party to assert its right
to defense or indemnification under this Agreement or under such Party’s applicable insurance
policies required below, such Party 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 other Party was obligated to defend the claim(s) or was obligated to
indemnify such Party for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor
shall furnish to the City an accompanying certificate of insurance and accompanyingendorsements
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 injuryper accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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
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Contractor’s Fault”). The City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”).
The termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring additional
expenses or costs under this Agreement and shall immediately cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may be
necessary to preserve, protect, and maintain work already completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment as provided in the Scope of Work.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by either Party under this Agreement,
such damages shall be limited to contract damages and each Party 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.
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b.In the event either Party wants to assert a claim for damages of any kind or
nature, such Party shall provide the other Party 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 a Party fails to provide such notice, such Party 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 Chuck Winn, Assistant City Manager or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or submission
to City is required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from such
persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Springer or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by this
Agreement, such direction or communication shall be directed to Contractor’s Representative;
provided, however, that in exigent circumstances when Contractor’s Representative is not
available, City may direct its direction or communication to other designated Contractor personnel
or agents.
c.Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report)
to the email address or fax number provided by the Party’s Representative; or on the fifth business
day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13.Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
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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.
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.
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Except as provided in the Scope of Work, the Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual agreement of the
parties, the parties may invite an independent, disinterested mediator to assist in the negotiated
settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute mayonly 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.
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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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA
____________________________________
CONTRACTOR (Type Name Above)
By________________________________
By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By ________________________________
Greg Sullivan, Bozeman City Attorney
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SCOPE OF WORK
Except as otherwise provided herein, this Scope of Work supplements the Professional
Services Agreement (the “Agreement”) dated July ___, 2021 between the Seller and Broker (as
defined below). Terms not otherwise defined herein shall have the meaning provided in the
Agreement.
1.BASIC PROVISIONS (“Basic Provisions”).
“Seller”:Name: City of Bozeman
Address: 121 N Rouse Avenue
Bozeman, MT
“Broker”:Name: Sterling BZN LLC
Address: 895 Technology Blvd, Suite 101
Bozeman, MT 59718
“Property/Premises”:Street Address: 34 N Rouse Avenue, Bozeman MT 59715
Legal Address: ROUSE 1ST ADD, S07, T02 S, R06 E, BLOCK F,
Lot 15 - 19, LESS HWRW
“Term” of Agreement:“Expiration Date”: 12 Full months from Full
Execution.(7/31/2022)
“Transaction”:Sale of Property based on the parameters described in Schedule 1.
a.Property/Premises:The real property, or a portion thereof, which is the
subject of this Agreement is commonly known as the Property. (See also Paragraph 3).
b.Term of Agreement: The Term of this agreement shall commence on the
Effective Dateand expire on the Expiration Date,except as it may be extended. (See also paragraph
4).
c.Transaction: The nature of the transaction concerning the Property for
which Broker is employed is a sale for the price and terms described in Transaction above, or for
such other price and terms agreeable to Seller.
2.EXCLUSIVE ENGAGEMENT AND RIGHTS
a.Seller hereby engages Broker as Seller’s sole and exclusive real estate
Agent to represent Seller in the Transaction and to find a buyer for the Property. Broker shall use
reasonably diligent efforts to find a buyer. Unless otherwise agreed to by the Seller and Broker, all
negotiations and discussions for a Transaction shall be conducted by Broker on behalf of Seller.
Seller shall promptly disclose and refer to Broker all written or oral inquires or contacts received
by Seller regarding a possible Transaction.
b.Seller authorizes Broker to:
i.Place advertising signs on the property;
ii.Accept deposits from potential buyers; and
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iii.Distribute information regarding the Property to participants in
appropriate local commercial multiple listing service, to other brokers, and to potential buyers of
the Property. Seller shall identify as “confidential” any information provided to Broker may deem
appropriate or necessary. After consummation of a Transaction, Broker may publicize in terms of
such Transaction.
c.Broker shall comply with the Rules of Professional Conduct of the Society
of Industrial and Office Realtors, and shall submit the Property to various internet listing portals.
Broker may cooperate with other real estate brokers (collectively “Cooperating Broker”).
d.If a Cooperating Broker finds a buyer, then Broker shall act as Broker for
Seller only, the Cooperating Broker shall act as Broker for the buyer only, and the Cooperating
Broker shall not be Seller’s Broker, even though the Cooperating Broker may share in the
commission paid by Seller to Broker. A Cooperating Broker shall not be a Broker or subagent of
Seller or Broker. If the Broker finds a buyer, Broker shall represent Seller only.
e.Broker recognizes the Property is currently occupied by the Seller’s fire
department. With proper notice to Seller and complying with all requirements of the Seller, Broker
may, during the ordinary and normal course of marketing the Property, respond to inquiries on the
Property by showing and providing information on the Property, as well as on other competing
properties, to prospective buyers Seller understands that Broker may also represent other
lessors/sellers with competing properties.
3.PROPERTY
a.The term “Property” shall include all of the following which are currently
located on the Property and owned by Seller: permanent improvements, electrical distribution
systems (power panels, buss ducting, conduits, disconnects, lighting fixtures, etc.), telephone
distribution systems (lines, jacks and connections), space heaters, air conditioning equipment, air
lines, carpets, window coverings, wall coverings, partitions, doors, suspended ceilings, and built-
ins such as cabinets. The term “Property”shall additionally include, to the extent owned by Seller,
oil and mineral rights, but not water rights which will be retained by the City, leases and other
agreements which will continue in effect after Seller’s transfer of title to the Property.
b.Within five business days after the commencement of the Term hereof,
Seller shall provide Broker with the following:
i.A duly completed and fully executed Property Information Sheet on
the most current form provided by Broker;
ii.If available to Seller, copies of building plans, and if the Transaction
is a sale, title reports, boundary surveys, and encumbrances which will continue to affect the
Property after consummation of a sale.
c.Broker shall have no responsibility for maintenance, repair, replacement,
operation, or security of the Property, all of which shall be Seller’s sole responsibility. Unless
caused by Broker’s negligence, Broker shall not be liable for any loss, damage, or injury to the
person or property of Seller, any lessees of the Property, any buyer, prospective buyer, lessee, or
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prospective lessee, including, but not limited to, those which may occur as a result of Broker’s use
of a lock box.
4.EXTENSION OF TERM. If a sale is not consummated for any reason after Seller
accepts an offer to purchase the Property (“Sale Agreement”), then the expiration date of the
Term of this Agreement shall be extended by the number of days that elapsed between the date
Seller entered into the Sale Agreement and the later of the date on which the Sale Agreement is
terminated or the date Seller is able to convey title to a new buyer free and clear of any claims by
the prior buyer of the Property; provided, however, in no event shall the Term be so extended
beyond one year from the date the Term would have otherwise expired.
5.COMMISSION
a.Seller shall pay Broker a maximum commission in theamount FivePercent
(5 %) (“Agreed Commission”), of the sale price.
b.The purchase agreement and/or escrow instructions to be entered into by
and between Seller and a buyer of the Property shall provide that:
i.Seller irrevocably instructs the escrow holder to pay from Seller’s
proceeds accruing to the account of Seller at theclose of escrow the Agreed Commission to Broker;
ii.A contingency to the consummation of the sale shall be the payment
of the Agreed Commission to Broker at or prior to close of the escrow; and
iii.No change shall be made by Seller or buyer with respect to the time
of, amount of, or the conditions to payment of the Agreed Commission, without Broker’s written
consent.
6.SELLER’S REPRESENTATIONS. Seller represents and warrants that:
a.Each person executing this Agreement on behalf of Seller has the full right,
power and authority to execute this Agreement as or on behalf of Seller;
b.Seller owns the Property and/or has the full right, power and authority to
execute this Agreement and to consummate a Transaction as provided herein, and to perform
Seller’s obligations hereunder;
c.Neither Seller nor the Property is the subject of a bankruptcy, insolvency,
probate or conservatorship proceeding;
d.Seller has no notice or knowledge that any lessee or sublessee of the
Property, if any, is the subject of a bankruptcy or insolvency proceeding;
e.There are no effective, valid or enforceable option rights, rights of first
refusal, rights of first offer or any other restrictions, impediments or limitations on Seller’s right,
ability and capacity to consummate a Transaction, except as disclosed in writing pursuant to
Paragraph 3b.
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f.That as of the date of this Agreement the asking sales price is not less than
the total of all monetary encumbrances on the Property.
7.SELLER’S ACKNOWLEDGMENTS. Seller acknowledges that it has been
advised by Broker to consult and retain experts to advise and represent it concerning the legal and
tax effects of this Agreement and consummation of a Transaction or Alternative Transaction, as
well as the condition and/or legality of the Property, including, but not limited to, the Property’s
improvements, equipment, soil, tenancies, title and environmental aspects. Broker shall have no
obligation to investigate any such matters unless expressly otherwise agreed to in writing by Seller
and Broker. Seller further acknowledges that in determining the financial soundness of any
prospective buyer, lessee or security offered, Seller will rely solely upon Seller’s own
investigation, notwithstanding Broker’s assistance in gathering such information.
8.MISCELLANEOUS.
a.This Agreement shall not be construed either for or against Seller or Broker,
but shall be interpreted, construed and enforced in accordance with the mutual intent of the parties
ascertainable from the language of this Agreement.
b.All payments by Seller to Broker shall be made in lawful United States
currency.
9.ADDITIONAL PROVISIONS.Additional provisions of this Agreement are set
forth in the following blank lines or in an addendum attached hereto and made a part hereof
consisting of paragraphs 11.a through 11.a.:
10.DISCLOSURES REGARDING RELATIONSHIPS AND CONSENTS IN
REAL ESTATE TRANSACTIONS. When entering into an agreement with a real estate Broker
a Seller should from the outset understand what type of agency relationship or representation it
has with the Broker or Brokers in the transaction.
a.A “Seller Agent”is obligated to the Seller to:
i.Act solely in the best interests of the seller, except that a seller agent,
after written disclosure to the seller and with the seller’s written consent, may represent multiple
sellers of property or list properties for sale that may compete with the seller’s property without
breaching any obligation to the seller;
ii.Obey promptly and efficiently all lawful instructions of the Seller
iii.Disclose all relevant and material information that concerns the real
estate transaction and that is known to the seller agent and not known or discoverable by the Seller
unless the information is subject to confidentiality arising from a prior or existing agency
relationship on the part of the seller agent with a buyer or another seller;
iv.Safeguard the seller’s confidences;
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v.Exercise reasonable care, skill, and diligence in pursuing the seller’s
objectives and in complying with the terms established in the listing agreement;
vi.Fully account to the seller for any funds or property of the Seller that
comes into the Seller Agent’s possession; and
vii.Comply with all applicable federal and state laws, rules and
regulations.
b.A Seller Agent is obligated to the Buyer to:
i.Disclose to a buyer or the buyer agent any adverse material facts that
concern the property and that are known to the Seller Agent, except that the Seller Agent is not
required to inspect the property or verify any statements made by the Seller;
ii.Disclose to a buyer agent when the seller agent has no personal
knowledge of the veracity of information regarding adverse material facts that concern the
property;
iii.Act in good faith with a buyer and a buyer agent; and
iv.Comply with all applicable federal and state laws, rules and
regulations
c.A “Buyer Agent” is obligated to the Buyer to:
i.Disclose to a buyer or the buyer agent any adverse material facts that
concern the property and that are known to the seller agent, except that the seller agent is not
required to inspect the property or verify any statements made by the seller;
ii.Disclose to a buyer or the buyer agent when the seller agent has no
personal knowledge of the veracity of information regarding adverse material facts that concern
the property;
iii.Act in good faith with the buyer and a buyer agent; and
iv.Comply with all federal and state laws, rules and regulations.
d.A “Buyer Agent” is obligated to the Seller to:
i.Disclose any adverse material facts that are known to the buyer
agent and that concern the ability of the buyer to perform on any purchase offer;
ii.Disclose to the seller or the seller agent when the buyer agent has
not personal knowledge of the veracity of the information regarding adverse material facts that
concern the buyer;
iii.Act in good faith with a seller and seller agent, and
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iv.Comply with all applicable federal and state laws, rules, and
regulations.
e.An “Adverse Material Fact”means a fact that should be recognized by a
broker or salesperson as being of enough significance as to affect a person’s decision to enter into
a contract to buy or sell real property and may be a fact that:
i.Materially affects the value, affects structural integrity, or presents
a documented health risk to occupants of the property; and
ii.Materially affects the buyer’s ability or intent to perform the buyer’s
obligations under a proposed or existing contract.
iii.“Adverse Material Fact” does not include the fact that an occupant
of the property has or has had a communicable disease or that the property was the site of a suicide
or felony.
The above duties of the Broker do not relieve Seller from the responsibility to protect its
own interests. Seller should carefully read all agreements to assure that they adequately express its
understanding of the transaction.
Schedule 1—Transaction Parameters
[Price and Land Use considerations broker should be guided by, and also sale process—
auction (with format info) or open bid period. ]
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Scott Shirley, Interim Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc. for
Remediation Systems Operation and Maintenance at the Bozeman Landfill
for Fiscal Year 2022
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order with Tetra Tech, Inc. for
remediation systems operation and maintenance at the Bozeman Landfill for
Fiscal Year 2022.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The purpose of this task order is to allow Tetra Tech to continue oversight of
operation, monitoring, and maintenance of the remediation systems at the
Bozeman Landfill. This task order also includes the final design of three new
landfill gas extraction wells, which were identified as a need in the fiscal year
2020 monitoring, design and installation of leachate piping, and evaluation
of the unlined cell cover thickness and permeability. This task order will be
implemented under the professional services agreement referenced here:
http://weblink.bozeman.net/WebLink8/0/doc/63070/Electronic.aspx.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The cost of this work will be $150,700.00. This work will be paid for with
solid waste funds dedicated to this purpose. Approval of this task order is
contingent on approval of this element of the Final Budget.
Attachments:
Task Order 2021-2022 Remediation Systems Operation and
Maintenance
Report compiled on: July 15, 2021
143
Tetra Tech
851 Bridger Drive, Suite 6; Bozeman, MT 59715
Tel 406.582.8780 Fax 406.582.8790 tetratech.com
TASK ORDER 2021-2022 REMEDIATION SYSTEMS OPERATION AND MAINTENANCE BOZEMAN LANDFILL July 14, 2021 CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc. P.O. Box 1230 851 Bridger Drive, Ste 6 Bozeman, Montana 59711-1230 Bozeman, MT 59718 Attention: Mr. Cody Flammond Attention: Mr. Kirk Miller INTRODUCTION
The purpose of this task order is to conduct the oversight of operation and maintenance (O&M) of the landfill gas extraction system (LFGES) and remediation systems at the Bozeman Landfill for FY 2021-2022, and to conduct design of a system expansion to collect landfill gas (LFG) from the Lined Cell.
The scope of work follows work activities from previous years with minor modifications and additional tasks. We have added three new tasks: 1) Task 500 Final design of three new LFG wells for the lined cell, 2) Task 600 Design and installation of piping from leachate UST to City
sewer, and 3) Evaluate unlined cell cover thickness and permeability. This task order includes the following work activities:
• Task 100 – LFG Extraction System Operation & Monitoring
• Task 200 – SVE and AI System Operation & Monitoring
• Task 300 – Leachate/Condensate Underground Storage Tank Monitoring
• Task 400 – Database Entry and Management
• Task 500 – Final Design of Three New LFG wells for Lined Cell
• Task 600 – Design and Installation of Piping from Leachate UST to City Sewer
• Task 700 – Evaluate Unlined Cell Cover Thickness and Permeability
• Task 800 - Project Management and Reporting SCOPE OF WORK
Tetra Tech’s proposed scope of work is summarized in the following tasks: Task 100 LFG Extraction System Operation & Monitoring
Tetra Tech will conduct monthly monitoring and adjustment of individual LFG extraction wells, leachate pumps, and flare/compressor system. In addition, there will be regular service events for the flare/compressor system. These service events will consist of inspection of the compressor and compressor filter replacement, flare components inspection and testing, blower re-greasing, and related activities.
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Task 200 SVE and AI Systems Operation & Monitoring Tetra Tech will conduct monthly monitoring and adjustment of individual SVE and AI wells. The SVE and AI wellheads (within the bolt-down steel manhole covers) will be visually inspected every six months to ensure air-tight fittings and valves. A test of the effectiveness of the Air Injection system has been developed and will be implemented. Any recommendations for modification to the operation of the AI wells will be submitted to the City. Task 300 Leachate/Condensate Underground Storage Tank (UST) Monitoring Tetra Tech will conduct monitoring of liquid levels in the UST, calculate volume and accumulation rates, and conduct sampling of the liquid in the UST in accordance with City of Bozeman Water Reclamation Facility (WRF) requirements. Tetra Tech will also supervise the pumping and discharge of the leachate and condensate into City of Bozeman sanitary sewer. An inspection of the newly installed cathodic protection system will be conducted on an annual
basis. Task 400 Database Entry and Management
Information collected during monitoring and adjustment activities will be placed into a project database. This database will be maintained and updated following every monitoring event described in Tasks 100 and 200. The database will be used to evaluate operations and
effectiveness of the systems. Task 500 Final Design of Three New LFG Wells for Lined Cell We initially proposed testing of methane concentrations in the Lined Cell to evaluate the need for connecting the Lined Cell to the existing LFGES. Upon further review of the size and history of the Lined Cell and the methane data collected above the cover in 2018, we modified this recommendation to move directly into a design phase of adding LFG wells to the lined cell. These LFG wells would ultimately be connected to the existing LFGES. Preliminary design of this system was conducted during FY 2021. Work tasks will include the following:
• Refine location for three LFG wells within Lined Cell.
• Develop final plans and specifications for three LFG wells, including surface connections and piping to the existing flare system and condensate traps and drain lines. These plans will extensively use designs from the original LFG system.
• Assist the City with contracting and contractor selection.
We anticipate the construction of this system will not occur until FY 2022/2023. TASK 600 Design and Installation of Piping from Leachate UST to City Sewer
Leachate should continue to be pumped from the LFGES extraction wells. The rate of leachate
pumping is reduced during the spring due to the leachate volume filling the UST almost daily,
which poses logistical challenges related to emptying the UST. The pipeline would reduce
operating costs for the LFGES and allow maximum leachate pumping rates from the LFGES
wells. In 2020, the City decided to proceed with design of direct piping of the leachate UST to
the City sewer located in the southwest corner of the landfill, however, due to staffing shortages
they were not able to initiate the design in-house. Hence, Shawn Kohtz asked Tetra Tech to
include this task in our Task Order. This task will included the following:
• Design an 8-inch diameter pipeline to connect the UST that collects leachate and condensate from the LFG and SVE systems to an existing sewer manhole in the
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southwestern portion of the landfill property. This pipeline project is anticipated to include 1,100 ft of buried 8-inch pipeline and associated trenching and backfill, five manholes, mobilization, and related site controls (erosion control, site access, construction oversight, etc.).
• Evaluate the stormwater flow into the manhole and determine if changes to that system are recommended or if a larger manhole needs to be installed to handle the total flow.
• Assist City with contractor bidding, as necessary.
• Provide oversight of the successful bidder on the City procurement, if requested under a
separate approval.
Task 700 Evaluate Unlined Cell Cover Thickness and Permeability
The 2018 surface emissions sweep of the landfill cover did not identify escape of methane from
the cover that would trigger New Source Performance Standards compliance issues. However,
visual observations during trenching for the expanded LFGES indicates that portions of the
cover are as thin as only one foot thick, which is less than the original 1995 design thickness of
up to three feet. The dramatic increase of water flowing through the refuse in the landfill during
the spring and early summer indicates that significant snowmelt is infiltrating the cover and
entering the refuse. A brief evaluation of the effectiveness of the landfill cover should be
conducted and recommendations developed. The end result may be repairs to the current
cover and/or the design and construction of a thicker and lower permeability cover on some
portions of the landfill.
Conduct test pitting of unlined cell cover
• Compile information from 2016 LFG expansion project relative to observed cover thickness and materials (photos, notes etc. identifying cover thickness)
• Design and conduct test pitting program to map thickness and permeability characteristics of cover, including visual observation of cracks and settlement in cover.
• Sample cover materials and conduct laboratory analysis of materials to estimate permeability
• Compile report identifying where cover material appears to provide an inadequate barrier to infiltration of rainwater and snowmelt and/or off gassing of methane.
• Develop recommendations as warranted for cover repairs or improvements
Task 800 Project Management and Reporting
Project management will include, scheduling of personnel, monitoring equipment/meters, and activities; communication with City of Bozeman and DEQ; data management; and invoicing. Reporting will consist of a brief summary of system operation and monitoring provided to City of Bozeman on a monthly basis, as well as technical memorandum for Tasks 500, 600 and 700. Tetra Tech’s Groundwater and Methane Monitoring Task Order for 2020-21 includes the development of a 3 to 5-year plan for larger system improvements and maintenance projects. Any needs identified by the work under this Task Order relative to the LFGES and SVE systems will be incorporated into future budget projections.
PERIOD OF PERFORMANCE AND COSTS
This task order will be applicable from July 1, 2021 through June 30, 2022. Estimated costs to complete the scope of work are shown below:
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TASK Estimated Costs
Task 100 LFG Extraction System Operation & Monitoring $ 39,498 Task 200 SVE and AI Systems Operation & Monitoring $ 16,600 Task 300 Leachate/Condensate UST Monitoring $ 25,194
Task 400 Database Entry and Management $ 14,258
Task 500 Final Design of 3 New LFG Wells for Lined Cell $ 8,500
Task 600 Design and Installation of Piping from Leachate
UST to City Sewer
$ 21,200
Task 700 Evaluate Unlined Cell Cover Thickness and Permeability $ 13,000
Task 800 Project Management and Reporting $ 12,450
TOTAL $150,700
Our costs will be invoiced on a time and materials basis. A detailed cost estimate can be provided upon request. SPECIAL CONDITIONS: Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated April 15, 2014. CLIENT: CONSULTANT:
City of Bozeman Tetra Tech By: By: Printed Name: Printed Name: Kirk A Miller Its: Its: Senior Project Manager Date: Date: July 14, 2021
NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent
of Tetra Tech.
147
Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc for
Groundwater and Perimeter Methane Monitoring and Assessment of System
Performance and Effectiveness at the Bozeman Landfill for Fiscal Year 2022
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a task order with Tetra Tech, Inc for
groundwater and perimeter methane monitoring and assessment of system
performance and effectiveness at the Bozeman Landfill for Fiscal Year 2022.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The purpose of this task order is to continue semi-annual groundwater
monitoring and monthly perimeter methane monitoring through June 2022
and to evaluate performance of the remediation systems and their effect on
adjacent groundwater quality. The purpose of the semi-annual groundwater
monitoring and monthly perimeter methane monitoring activities is to
maintain regulatory compliance. The purpose of the evaluation of the
remediation systems is to document performance and effectiveness of the
Air Sparging and Soil Vapor Extraction systems. This task order will be
implemented under the professional services agreement referenced here:
http://weblink.bozeman.net/WebLink8/0/doc/63070/Electronic.aspx.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The cost of this work will be $88,400.00. This work will be paid for with solid
waste funds dedicated to this purpose. Approval of this task order is
contingent on approval of this element of the Final Budget.
Attachments:
Task Order 2021-2022 Groundwater and Perimeter Methane
Monitoring and Assessment
Report compiled on: July 15, 2021
148
149
Tetra Tech
851 Bridger Drive, Suite 6; Bozeman, MT 59715
Tel 406.582.8780 Fax 406.582.8790 tetratech.com
TASK ORDER 2021 - 2022 GROUNDWATER AND PERIMETER METHANE MONITORING AND ASSESSMENT OF SYSTEM PERFORMANCE AND EFFECTIVENESS BOZEMAN LANDFILL July 14, 2021 CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc.
P.O. Box 1230 851 Bridger Drive, Ste 6 Bozeman, Montana 59711-1230 Bozeman, MT 59718
Attention: Mr. Cody Flammond Attention: Mr. Kirk A. Miller INTRODUCTION
The purpose of this task order is conduct semi-annual compliance groundwater monitoring and monthly perimeter methane monitoring at the Bozeman Landfill and to conduct detailed evaluations of the performance of the remediation systems and their effect upon groundwater remediation. These activities will be conducted between July 1, 2021 and June 30, 2022 and are directed at meeting DEQ Solid Waste rules and the requirements of DEQ’s June 6, 2014 letter requiring the City of Bozeman to conduct a Corrective Measures Assessment and implement remedial measures. The purpose of the evaluation of the remediation system is to document performance and effectiveness and progress towards meeting groundwater and soil gas remediation goals. The
remediation system is comprised of the expanded landfill gas (LFG) collection system, the soil vapor extraction (SVE) system, and the air injection (AI) system.
Groundwater monitoring wells were installed, and a groundwater monitoring program was implemented beginning in 1981. Monitoring results have shown that groundwater quality has been impacted primarily by VOCs originating from the Bozeman Landfill’s unlined waste cell.
Ten additional monitoring wells were installed during 2014 and two in 2021, which increased the total number of monitoring stations to 35. Monitoring results indicate a southwesterly to westerly groundwater flow. Tetrachloroethene has exceeded regulatory standards in groundwater, on City of Bozeman park property adjacent to the landfill property. Based upon recommendations from the Initial Remediation System Evaluation report (March 9, 2018), two additional groundwater monitoring events are proposed for next year so that quarterly data is available for water quality trending analysis. Hence, September 2021 and March 2022 groundwater monitoring events are proposed to supplement the December 2021 and June 2022 monitoring events, which are conducted for compliance with DEQ’s landfill closure requirements.
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SCOPE OF SERVICES This task order includes the following work activities:
• Task 100 - Perimeter Methane Monitoring
• Task 200 - Additional Groundwater Monitoring Events
• Task 300 - December 2021 Compliance Groundwater Monitoring
• Task 400 - June 2022 Compliance Groundwater Monitoring
• Task 500 - Evaluate Groundwater Data and LFG System Flow Modification Data
• Task 600 - Project Management, Statistical Analysis, and Reporting The scope of work for these tasks are outlined below. Task 100 Perimeter Methane Monitoring
Task 1 includes 12 months (from July 2021 through June 2022) of methane monitoring activities. Monitoring is conducted on a monthly basis in eight gas monitoring wells (designated BLG- wells). Gas collected in these wells will be monitored for methane, carbon dioxide and oxygen (with remaining balance as nitrogen) in percent by volume using City of Bozeman’s landfill gas (LFG) analyzer. Monitoring results will be entered into a database and forwarded to City of Bozeman and
DEQ - Solid Waste Bureau following each monitoring event. Task 200 Additional Groundwater Monitoring Events - September 2020 and March 2021
Two additional groundwater monitoring events are included in this task order to provide for quarterly data for the year. This data will contribute to the continued assessment of the
performance of the remediation system. Groundwater monitoring will be conducted in wells LF-2, LF-3, MW-12, MW-17, MW-18, MW-20, MW-28 and MW-29. The wells will be purged prior to sampling, have field parameters measured (including temperature, pH, specific conductivity, dissolved oxygen, and oxidation reduction potential), and have samples collected for volatile organic compounds (VOCs in accordance with Method 8260 low level). Two quality assurance/quality control (QA/QC) samples will be collected and prepared during this monitoring event. These will be 1) a duplicate sample collected at a monitoring site and submitted for VOCs in accordance with Method 8260 and 2) a trip blank prepared by Pace Analytical Laboratories, shipped with the sample bottles, traveling with sample bottles in the field, and returned to the laboratory for analysis of VOCs.
Task 300 December 2021 Compliance Groundwater Monitoring The first groundwater monitoring event contained in this task order will be conducted in December
2021 as part of the routine groundwater monitoring at the Bozeman Landfill. Tetra Tech will perform groundwater monitoring in accordance with Tetra Tech’s Groundwater Monitoring Sampling Analysis Plan. Groundwater monitoring will be conducted in existing groundwater
monitoring wells or stations. The scope of the monitoring event will be similar to the typical June monitoring events but will have additional analyses for metals, cations, and nitrogen. A monitoring, sampling, and analysis matrix for the December monitoring event is presented in the Sampling and Analysis Plan (SAP). Tetra Tech requested reductions in the frequency of analysis for some parameters that have not been observed at the landfill in several years, in an effort to reduce costs, hence, this table is modified from previous years.
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Field parameter monitoring and collection of water samples will be conducted in 24 monitoring sites/wells as specified in the SAP. Water levels will be measured in all monitoring wells at the site. Wells will be purged prior to sampling. Field parameters including temperature, pH, and specific conductivity. Field parameters will generally be measured during and at the conclusion of purging the monitoring wells. The field parameters: dissolved oxygen and oxidation reduction potential will be measured if winter weather conditions are at or above freezing. Water samples will be collected and shipped to Pace Analytical Laboratories (in Billings, Montana) for analysis of constituents shown in the SAP. The scope of analysis includes many of the constituents listed in Appendix I, 40 CFR Part 258 (July 1, 2008) in ARM 17.50.1306. The SAP also reflects DEQ approved changes to the monitoring schedule of specified monitoring wells. Five quality assurance/quality control (QA/QC) samples will be collected and prepared during the
December 2021 assessment monitoring event. These will include the following: 1) three duplicate samples collected at selected monitoring sites and submitted for analysis of all constituents included in the SAP; 2) two trip blanks prepared by Pace Analytical Laboratories, shipped with the
sample bottles, traveling with sample bottles in the field, and returned to the laboratory for analysis of VOCs; and 3) one decontamination blank collected from decontaminated, non-dedicated sampling equipment. Task 400 June 2022 Compliance Groundwater Monitoring
A groundwater monitoring event will be conducted in June 2022 as part of the routine groundwater monitoring at the Bozeman Landfill. Tetra Tech will perform groundwater monitoring in accordance with Tetra Tech’s Groundwater Monitoring Sampling Analysis Plan. Groundwater monitoring will be conducted in existing groundwater monitoring wells or stations. A monitoring, sampling, and analysis matrix for the June 2022 monitoring event is presented in the SAP. Field parameter monitoring and collection of water samples will be conducted in 26 monitoring sites/wells as specified in the Sampling and Analysis Plan. Water levels will be measured in all
monitoring wells at the site. Wells will be purged prior to sampling. Field parameters including temperature, pH, specific conductivity, dissolved oxygen, and oxidation reduction potential will be measured at all monitoring wells/stations where water samples will be collected. Field parameters
will generally be measured during and at the conclusion of purging the monitoring wells. Water samples will be collected and shipped to Pace Analytical Laboratories (in Billings, Montana)
for analysis of constituents shown in the SAP. The scope of analysis includes many of the constituents listed in Appendix I, 40 CFR Part 258 (July 1, 2008) in ARM 17.50.1306. The SAP also reflects DEQ approved changes to the monitoring schedule of specified monitoring wells. Five quality assurance/quality control (QA/QC) samples will be collected and prepared during the June 2022 assessment monitoring event. These will include the following: 1) three duplicate samples collected at selected monitoring sites and submitted for analysis of all constituents included in the SAP; 2) two trip blanks prepared by Pace Analytical Laboratories, shipped with the sample bottles, traveling with sample bottles in the field, and returned to the laboratory for analysis of VOCs; and 3) one decontamination blank collected from decontaminated, non-dedicated sampling equipment.
Currently, pumps are used in wells LF-3, MW-4, MW-5, MW-6, MW-6B, and MW-8C.
152
Task Order – 2021 to 2022 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana July 14, 2021
Page 4 of 6
TETRA TECH
Task 500 Evaluate Groundwater Data and LFG System Flow Modification Data The 2018/2019 Remedial System Evaluation Report (dated March 11, 2020) identified increases in VOC concentrations in groundwater in well MW-17, including the appearance of methylene chloride above Montana groundwater protection standards for the first time since a single occurrence in 2015. This indicates the need to improve landfill gas capture in the southeast corner of the landfill. Our 2020-2021 Task Order included work to evaluate whether increasing air flow from nearby LFGES wells will reduce VOC concentrations in groundwater in the southeast corner of the landfill. This test is ongoing and the results of the collected data will be evaluated and used to develop recommendations for any future modifications to the LFG system in the southeast corner of the landfill. As part of the 2020-2021 Task Order, Tetra Tech evaluated the source and distribution of VOCs in groundwater. We see two possible scenarios: landfill gasses are not being fully captured by the
LFGES (GW-20 was removed from the system to accommodate the convenience site), or landfill gasses are migrating offsite along the eastern property boundary, contacting groundwater (which allows phase transfer of VOCs), which subsequently migrate back onto the landfill site.
Our analysis included investigating the potential to adjust flows in nearby LFGES wells to affect a vacuum across a larger portion of the southeast corner of the property and the possibility of installing a horizontal LFG well in the thin areas of refuse. To evaluate the possibility that VOCs are reaching groundwater upgradient of well MW-17, two new offsite monitoring wells were installed upgradient of MW-17 in June 2021. This FY 2021/2022 task will evaluate the well logs, groundwater flow directions and water quality data from these new wells to gain a better understanding of VOC migration in the southeast corner of the landfill. The data collected over the last two years will be used to identify if more groundwater monitoring wells are needed in the area to better understand the source of the VOCs observed in MW-17, if flow from existing LFG wells can be adjusted to increase the capture zone without pulling oxygen into the cell, and if new LFG or SVE wells are needed. The use of horizontal wells in areas of thin refuse will also be evaluated. Our recommendations will be submitted to the City in a technical
memorandum, then based upon approval from the City, we will develop a scope of work for our recommendations. Task 600 Project Management, Statistical Analysis, and Reporting Project management will include progress reporting, scheduling of personnel,
preparation/calibration of monitoring equipment/meters, supplies procurement, and other related activities; communication with City of Bozeman and DEQ; data management; administration/ invoicing; and task order preparation for 2022 monitoring activities. Following the completion of each groundwater monitoring event and receipt of laboratory results, DEQ will also be notified, in a letter report, as to which monitoring stations have regulatory exceedances of VOCs, metals, and/or inorganic constituents. Groundwater monitoring data will be entered into the project database and two reports will be prepared for the June 2021 and December 2021 groundwater monitoring events. Note that the data for the June 2021 report was collected under the Task Order for the 2020/2021 period. The June 2022 data collected under this Task Order will be compiled into a report under a subsequent Task Order for the 2022/2023 period. This is necessary due to the start of the new fiscal year being just weeks after the June groundwater monitoring event is conducted, which does not provide adequate time for the report to be completed before the end of the fiscal year
153
Task Order – 2021 to 2022 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana July 14, 2021
Page 5 of 6
TETRA TECH
covered by this Task Order. A statistical analysis of analytical constituents exceeding the groundwater protection or regulatory standards will be conducted in each of these groundwater monitoring events. The statistical analysis has been and will continue to be conducted in accordance with DEQ requirements (ARM 17.50.1305 (7-11)). In addition, a remediation evaluation technical memorandum will be prepared evaluating 2021 system data. The report will take a longer term look at the remediation system and develop a 5-year plan for system maintenance, equipment replacements and upgrades to assist the City in longer term budget planning. This report will be submitted to the City of Bozeman in early 2022 in time to develop recommendations for the City’s FY2023 budget setting process. It will also be submitted to DEQ, following City of Bozeman approval. PERIOD OF PERFORMANCE
Tetra Tech’s anticipated schedule to complete the above described activities will be the following:
Deliverable Completion Date Methane Perimeter Monitoring July 1, 2021 to June 30, 2022
September Groundwater Monitoring September 30, 2021
December Groundwater Monitoring December 31, 2021
March Groundwater Monitoring March 31, 2022
June Groundwater Monitoring June 30, 2022
June 2021 Groundwater Monitoring Report October 30, 2021
December 2020 Groundwater Monitoring Report April 31, 2022
2020 Remediation System Technical Memorandum March 31, 2022
Southeast Corner Evaluation Technical Memorandum November 1, 2021
COSTS Estimated costs to complete the foregoing scope of services are in shown below:
Task Description Estimated Cost
Task 100 Perimeter Methane Monitoring $6,342
Task 200 Quarterly Monitoring Events - March and September 2019’ $9,428
Task 300 December 2019 Groundwater Monitoring $21,485
Task 400 June 2020 Groundwater Monitoring $17,485
Task 500 Evaluate Groundwater Data and LFG System Flow Modification Data $5,000
Task 600 Project Management, Statistical Analysis, and Reporting $28,660
Total $88,400
Our costs will be on a time and materials basis. A detailed cost estimate can be provided upon
request.
154
Task Order – 2021 to 2022 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana July 14, 2021
Page 6 of 6
TETRA TECH
SPECIAL CONDITIONS: Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated April 15, 2014. CLIENT: CONSULTANT: City of Bozeman Tetra Tech By: By: Printed Name: Printed Name: Kirk A. Miller Its: Its: Senior Project Manager
Date: Date: NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech
providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent of Tetra Tech.
155
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Resolution 5320, Authorizing Prime Change Order 12 with Langlas and
Associates for Construction of the Bozeman Public Safety Center
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5320, Authorizing Prime Change Order 12 with Langlas
and Associates for construction of the Bozeman Public Safety Center.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum
Price Amendment for Construction of the Bozeman Public Safety Center as a
part of the General Construction/Construction Manager agreement. This
amendment contains provisions for altering the conditions of the agreement
as authorized by the owner (City) and includes credits of $977.88 and
additional work of $11,693.11 for changes necessary to the project but not
included in the original bids. The Safety Center budget contains both owner
and contractor contingencies to address unforeseen conditions, scope gaps,
and owner requested changes. While every reasonable attempt was made to
include everything in the original project plans and specs, projects of this size
and complexity require changes during construction. The changes included
in this request are reasonable and are within existing contingency amounts
and overall project budget as authorized by the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The net amount identified in Change Order 12 is within the approved
contingency amounts and authorized project budget.
Attachments:
Resolution_5320 CO12.docx
BPSC Job No. 19426 Prime CO 12 R1_signed STL.pdf
19426 Change Estimate Log 06.11.21.pdf
156
Report compiled on: July 12, 2021
157
Version April 2020
RESOLUTION 5320
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS,the City Commission did, on July 27, 2020, authorize award of the
Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety
Center with Langlas and Associates; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification 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
and 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 alternates to the GMP Amendment for
Construction of the Bozeman Public Safety Center, as contained in Change Order #12, 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 27th day of July, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
158
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
159
160
Date: 6/11/2021Change Estimate LogCONTRACT SUMMARYCONSTRUCTION CONTINGENCY SUMMARYContract Sum at GMP36,436,485.00$ Construction Contingency at GMP888,695.00$ Project Name:Previously Approved CO's547,752.55$ Previously Approved Adjustment302,127.46$ Bozeman Public Safety CenterCurrent Contract Sum36,984,237.55$ Current Contingency Amount586,567.54$ = Current CO ProposedJob Number: 19426Current Proposed CO10,715.22$ Current Proposed Adjustment-$ ROM = Rough Order of MagnitudePending CE's316,089.39$ Pending CE's29,519.45$ Potential New Contract Sum37,300,326.94$ Potential Contingency Remaining557,048.09$ CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyStarting Contract Amount (EWA 1)238,788.00$ -$ 1CoB Permit No. 287011 Provide demolition permit fees by Contractor. Previously listed "by Owner".2,009.57$ 2RTI Invoice 19-47791Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".5,225.24$ 3RTI Invoice 19-48232Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".2,537.25$ 4EWA #1A3Remove buried foundation elements below Building "H", deemed as unforeseen conditions1,270.14$ 5EWA #2A3Concrete and Asphalt Material Crushing, Testing and Survey78,685.26$ 6EWA #34Rouse Avenue Utilities Early Work121,747.67$ 7EWA #3 T&M Work5Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)324.23$ 8EWA #4 Sitework Package5Early Sitework Package Contract Awards and General Conditions3,073,348.35$ 13GMP Exhibit No. 1GMPAdd Building Packages to Contract for Guaranteed Maximum Price32,912,549.30$ (888,695.00)$ TOTALS AT GMP36,436,485.00$ (888,695.00)$ 9L. Evans E-mail 05.05.207Soil Removal and Replacement in Soft Areas in South West Parking Lot Area3,781.06$ 10S. Holt E-mail 05.19.207Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line3,795.74$ 11ASI 0037Increase in Storm Drain Pipe due to Design Development1,808.20$ 12L. Evans E-mail 07.09.207Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas10,476.03$ 14PR 01 -Decorative Fencing VENot Accepted15PR 02Modifications to Site Work from EWA 4 to Final Design2,329.18$ 16aAddendum 4 / RFI 0068Building Permit Review Comment Changes - Structural Revisions41,163.21$ 16bAddendum 4 and 5 Building Permit Review Comment Changes17GC/CM Agreement §11.37Builder's Risk Insurance75,404.91$ 18PCO 1, 2, 37EWA Permitting and Testing Fees not included with GMP11,724.21$ 19Bid Package 10A / PR 20 Fall Protection Roof Anchors29,519.45$ 20Alternate 87 Savings to Split Solar PV from Electrical Subcontractor(9,034.67)$ 21Building Re-Bid 08/07/207 Contract Re-Bid Bid Packages(7,973.95)$ 22Addendum 5 / PR 03 & 03.17Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review37,151.70$ 23PR 048Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets595.47$ 24RFI 0237Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe2,950.12$ 25RFI 02411 Reduction of Embed Studs(2,002.28)$ 26Building Re-Bid 08/07/20 Contract Remaining Bid Package Allowances27RFI 033 9Embed Plates at Bottom of All Brace Frame Footings22,855.51$ 28RFI 0208Foundation Wall Thickness Change at Stair 3 Alcove661.43$ 29ASI 0108Revised Foundation Wall Height at Area A684.20$ 30ASI 016 8PD Open Office Electrical and Technology Revisions4,516.68$ 31RFI 0679Modify Fitness Storage Room Doors with Louver Grilles137.62$ 32RFI 039b / PR 069Wall & Casework Modifications in Open Office 110971.25$ 33PR 058Ceiling and Electrical Revisions2,170.33$ 34Building Permit Schedule Extension for Permit Review Delay35aRFI 04212Area A Entry Footing Change4,780.40$ 35bRFI 066, ASI 01912Area D Entry Footing Change4,043.52$ 36Anodized Aluminum VE8Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized(11,117.65)$ 37Sheet L-002 Note 211Drilling of Irrigation Well14,342.82$ 38RFI 05710Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)(2,558.34)$ 39RFI 043-Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1Closed40RFI 089 Screened Rock for Interior Backfill and Slab Prep14,054.38$ 41PR 08a PD Interview Rooms Building Security System Coordination with Getac Video Solutions744.11$ 42PR 0910Modified Furniture Layout in Digital Forensics Room 142E2,195.67$ 43PR 10-Changes to FD Wardrobe ClosetNot Accepted44PR 079Additional Exterior Electrical Outlets714.47$ 45Bid Package 31 Allowances Material Off-Haul and Structural Fill Import Beyond Contract Allowances19,651.82$ 46RFI 06512Revision and Rework of Area D Wall - Along GL D.2 at V-190927.33$ 47ASI 2410Modification of Hand Rail Design and Installation3,658.57$ Sent to T1 for review 04/15/21City of BozemanLanglasCommentsTracked T&M.Negative amounts to Const. Contingency mean funds added to line item.Tracked T&M.Approved by C.Winn via phone call 06/04 with L.CantrellClosed 11.19.20 OAC. Savings $26,115.98.Pending permanent fencing pricing.Discussed 03.04 and approvedReserve costs for future discussion and evaluation of schedule.Inadvertently not included with GMP document.Pending revised location layout after coordination with new PV.See Allowance Log.Sent to T1 for review 04/15/21Drilling of the well not included in GMP.RFI response revised so there would be no cost change.Pending receipt of haul tickets from subcontractor.Due to ceiling height change, CoB opted to forgo. OAC 04/01/21Building mounted receptacles, only, approved.Haul tickets to date.Sent to T1 for review 04/15/21Costs for shielded CAT6 cabling and install of Getac cameras missing.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005161
CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments48ASI 2810VAV Schedule Revisions(781.79)$ 49RFI 0719Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types(5,746.15)$ 50PR 11Courtroom AV14,895.44$ 51CASE Testing10Masonry Grout Comparison Testing6,908.07$ 52Sub.05 3100-01 / RFI 05011Credit to Omit Primer on Underside of Deck at Non-Exposed Areas(11,837.15)$ 53Bid Package 7E11Add Vapor Barrier at Exterior CMU Walls72,264.70$ 54PR 12-FD Kitchen Dishwasher/Sanitizer AdditionNot Accepted55RFI 109 Increase Roof Drain Pipe Sizing from 4" to 6"56Master Budget Reconciliation10Move Builder's Risk Insurance from Contractor Contingency to Owner Change75,404.91$ (75,404.91)$ 57PR 1313Drive Approach Sleeves to Future NWE Overhead Line Relocation5,519.52$ 58Allowance 210Add to Winter Conditions Allowance380,000.00$ 200,000.00$ 59ASI 40Revised Masonry Veneer Ledger Angle Details60RFI 03212Revised Brick Ledge at Grid A.41,074.82$ 61PR 1412Fire Department Gear Dryer (Electrical Modifications)867.04$ 62PR 1513Fire Department Conference Room Second Display and Screen Size Increase3,495.16$ 63PR 16Super Graphics3,893.39$ 64ASI 3912Second Level Floor Box Locations(977.88)$ 65ASI 43a Masonry Mechanical Chase Opening in Area D Grid 2.7 Wall66PR 1713FD GPS Repeater Infrastructure2,627.73$ 67PR 18Future Judge Restroom RR-251 Plumbing Rough-in3,722.79$ 68PR 18Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit OutNot Accepted69RFI 114 Revisions to Elevator Shaft Embed Studs to Fit in 8" CMU Walls70RFI 108 Add Deck Ledger Angle at Area A CMU Wall71Spec 27 5319, 28 3201, T-006 In-Building Wireless Systems72Solar PV Array Upgrade Upgrade Solar Panel Array from 50kW to 250kW228,142.49$ 73Ground Thaw and Sitework Reclamation after Northwestern Energy Permanent Service Install74PR 2013PV Roof Coordination - Slip Sheet Membrane12,997.16$ 75PR 2113Dual Data Port at Police Dept Canopies657.83$ 76ASI 48Steel Sheathing Wall Assembly Revisions77PR 1913Courtroom Casework Revisions3,358.37$ 78PR 22FD Cleaning (Rm. 154C) - Electrical Updates79PR 23South Lobby Furring Wall80PR 24Armory Counter and Shelving ExtensionTOTALS POST GMP316,089.39$ 10,715.22$ 547,752.55$ 29,519.45$ -$ 302,127.46$ Per 06/10/21 OAC, backout new linear speakers.Not Approved. OAC 05/06/21Originally shown on Owner side of Master Budget Sheet.Per 06/10/21 OAC, do not price.Sent to T1 for approval 03.22.21New bid from alternate subcontractor. T1/LL working on VE.Approved in 06/10/21 OAC.Not to Exceed shared cost between Owner and Contingency.To be covered by NWE Utiltity budget from Master SheetApproved via C. Winn e-mail 06/08/21Approved in 06/10/21 OAC.Approved in 06/10/21 OAC.LL reviewing for impacts to wall framing.Likely public areas only. Revisit closer to turnoverApproved in 06/10/21 OAC.Sent to T1 for review 04/15/21Approved in 06/10/21 OAC.Per 06/10/21 OAC, back out fixtures. Rough-in only.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005162
Change Estimate Report
Project: Bozeman Public Safety Center CE No:35a
Project # 19426 Revision #
Change Source: RFI 042 Date:2/24/2021
Description:Area A Entry Footing Change
Category Quantity Unit Unit Cost Total
-$
-$
03A.0320 1 sum 4,557.81$ 4,557.81$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 4,557.81$
GC/CM Business Insurance 0.625% 28.49$
CM Fee 3.2% 146.77$
Bond 1.0% 47.33$
4,780.40$
Description
ADD
Area A Entry (RFI 042)
TOTAL
163
20 West Haley Springs Tel: 1-406-587-0806
Unit A Fax: 1-406-587-6279
PO Box 11078
Bozeman, MT 59719
Job Name/Number: Bozeman Public Saftey Center 11/12/2020 Change Order #010
Langlas ATTN: Loren Cantrel Job #
DESCRIPTION QUANTITY UNIT AMOUNT
Additional footing
Hilti drill for added reinforcing, Hilti Bit, Generator, Fuel 1 $150.00 $150.00
Additional reinforcing 1 $273.00 $273.00
HY-200 Epoxy 2 $48.75 $97.50
Labor 2men 2hrs 4 $75.00 $300.00
4500 PSI Concrete @ foundation wall 1 $173.00 $173.00
Pump Time 0.25 $150.00 $37.50
Foundation Wall Form Material 24 $3.25 $78.00
Wall tear down and re-build
Added reinforcing (20 sticks + fabrication) 1 $515.00 $515.00
Ledge Fabrication 2men 2hrs 4 $75.00 $300.00
Ledge Material (2x8x12, .5" ply, screws, saw, drill)1 $171.36 $171.36
Tear out existing wall formwork 1man 2hrs 2 $75.00 $150.00
Wall rebuild 2 men 7hrs 14 $75.00 $1,050.00
4500 PSI Concrete @ added fondation wall 2.1 $173.00 $363.30
Pump Time 0.25 $150.00 $37.50
Admin Time 2 $125.00 $250.00
Schedule Impact 1 Day
Loss of Productoin (4 men-6hrs)24
Subtotal $3,946.16
Overhead 10%$394.62
Profit 5%$217.04
Total $4,557.81
Customer Signature Date
THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN.
Web: www.eastoncompanies.com
CHANGE ORDER
RFI 42 - AREA A ENTRY CHANGE
(poured monolithically with thickened foundation wall)
164
CP_Langlas & Associates - Bozeman Public Safety Center Microdesk
RFI DETAIL
#042 Stem Wall Alignment with Architectural
Drawings at Vestibule V-100
CLOSED CREATED
Sep 30, 2020
RESPONDED
Oct 05, 2020
DUE DATE
Oct 02, 2020
Creator
Manager
Reviewer
Sam Holt Langlas & Associates
Sam Holt Langlas & Associates
Elizabeth Seidel ThinkOne
Co-Reviewer(s)Jonathan Wirth ThinkOne
West wall of Vestibule V-100Location
Reference Drawing 01_CDFM_ MDESK_COORD_BPSC.rvt [v9]
QUESTION
S-200 Detail 1 shows the inside face of the concrete foundation wall aligning with GL 1.5. Sheet A-101a shows the
inside face of wall, type WA5, at this location aligning with GL 1.6. They seem to be misaligned. Please advise.
Suggested Answer:
Please see attached Sheet A-611 with Wall Section 4/A-611 foe response.
RESPONSE
By Jonathan Wirth - Oct 05, 2020 ThinkOne
Priority
Discipline
Category
External ID
Architectural, Concrete, Exterior Envelope
Constructability, Design Coordination
OTHER ATTRIBUTES
High
IMPACT
Cost Impact
Schedule Impact
Yes
Yes
Created with Autodesk® BIM 360™at Oct 05, 2020 5:09 PM Page 1 of 2
Expedited review
requested as misalignment
was discovered during
formwork.
165
CP_Langlas & Associates - Bozeman Public Safety Center Microdesk
OTHER ATTACHMENTS
• 20 1005 BPSC - 4A611 RFI 42 Response.pdf - Oct 05, 2020 - Jonathan Wirth
• S-200 Detail 1.pdf - Sep 30, 2020 - Sam Holt
• A-101a.pdf - Sep 30, 2020 - Sam Holt
ACTIVITIES BY AT
Created this RFI in OPEN status and assigned to Elizabeth Seidel
Changed the due date to Oct 02, 2020
Reassigned this RFI to Elizabeth Seidel
Sam Holt Set the Number to 042
Sam Holt
Sep 30, 2020
Uploaded A-101a.pdf Sam Holt Sep 30, 2020
Uploaded S-200 Detail 1.pdf Sam Holt Sep 30, 2020
@Sam Holt Would you mind attaching a Langlas RFI sheet and compiled documents with RFIs so we can
download them for our records? much appreciated!Elizabeth
Seidel Oct 02, 2020
Uploaded 20 1005 BPSC - 4A611 RFI 42 Response.pdf Jonathan
Wirth Oct 05, 2020
Changed status from OPEN to ANSWERED
Reassigned this RFI to Sam Holt
Jonathan
Wirth Oct 05, 2020
Changed status from ANSWERED to CLOSED Sam Holt Oct 05, 2020
Created with Autodesk® BIM 360™at Oct 05, 2020 5:09 PM Page 2 of 2
166
A.6A.5A.4A.3A.1
1.4
1.3
S-700
PD ENTRY A.1PD ENTRY 1.4
1.6
1.5
PD ENTRY 1.5
1
S-306
2
S-306
A.2
1.1
1.2
5
S-306
6
S-306
12M-2
5' - 5"
HSS5X5X3/8
BP-1
TYP., U.N.O.8"4' - 0"8"18' - 8"2' - 0"6' - 4"8"28' - 4"4' - 10"6' - 8"14' - 8"18' - 0"15' - 4"
59' - 6"
WF-5
WF-3
16C
16C
6"
6" , TYP.
7
S-306
8
S-306 TYP.
2' - 6"
TYP. @
EXTERIOR,
U.N.O.
TYP. @
EXTERIOR,
U.N.O.
ELEVATOR
PIT
4" SLAB-ON-GRADE,
PER DETAIL 4/S-300
8
6
9
4
5
P3.0
TYP. OF 3
HSS4X4X5/16
BP-2
TYP. OF 2
@ ELEV.
F6.0
F5.0
P2.0
HSS5X5X3/8
BP-1
HSS5X5X3/8
BP-2
TYP. THIS LINE, U.N.O.
16C TYP. @
EXTERIOR,
U.N.O.
CL COL.,
TYP.CL COL.,
TYP.
19
CL COL.,
TYP.
8S-1
12C 1 5/8"CL COL.,
TYP.
HSS5X5X3/8
BP-2
19
6S-1
5' - 5"
COL. ISOLATION
JOINTS NOT
PERMITTED AT
EXPOSED SLAB-ON-
GRADE AREAS
8"7' - 7"5' - 0"
6' - 7 3/4"
2' - 0 3/8"4"CL COL.
CL COL.
8"
HSS4X4X1/2
BP-2
S-407
7
F5.0
STEP FDN. WALL
5
S-306
SIM.TYP.8"3' - 5 1/2"7' - 4"HSS4X4X5/16
BP-1 FOLDING PARTITION
TRACK EMBED IN
SLAB, SEE MANUF.
STEP FDN.
WALL
5
S-306
HSS9X9X1/2
BF-7
HSS9X9X1/2
BF-1
HSS9X9X1/2
BF-8
HSS9X9X1/2
BF-7
F6.0
F4.0
8S-1
5' - 5"AND HSS COL.3' - 3 3/4" CL CMU WALL4"
6S-1
HSS5X5X3/8
BP-3
1
SIM.
S-308
2
SIM.
2' - 4"1' - 0"ASI #6
A.6A.5A.4A.3A.1
1.4
1.3
S-700
PD ENTRY A.1PD ENTRY 1.4
1.6
1.5
PD ENTRY 1.5
A.2
1.1
1.28"2' - 6"6' - 0"5' - 8 3/8"W24X62 [C1]W16X26 [C1]
W16X26 [C1]
W16X26 [C1]
W16X26 [C1]
W16X26 [C1]
W16X40 [C1]
W16X40 [C1]
W16X26 [C1]W21X44 [C2]W21X44 [C2]W21X55 [C2]W16X26 [C1]W18X35 [C1]W16X26 [C1]
W16X26 [C1]
W16X26 [C1]
W18X46 [C1]8"18' - 8"2' - 0"6' - 4"8"28' - 4"4' - 10"6' - 8"14' - 8"18' - 0"15' - 4"
59' - 6"
HSS9X9X1/2HSS9X9X1/2HSS9X9X1/2W21X44 [C1]4' - 3"4' - 11"4' - 11"4"HSS12X2X5/16W16X57 [C2]2' - 2"3' - 4"W12X26 [C1]
W12X26 [C1]
5' - 0"
S-401
6 S-401
2
S-401
1 TYP.
3" CONC. ON 2" METAL DECK (5"
TOTAL), W/ #4 @ 9" O.C., EACH WAY
S-401
2 STL. BM. TO
HSS COL., TYP.
W18X46
OPEN TO BELOW
STAIR FRAMING,
SEE ARCH.HSS8X8X5/8MC12X31
W18X46
T.O.S.= 114' - 3"T.O.S.= 114' - 3"HSS12X2X5/16HSS12X2X5/16
S-406
10HSS BM. TO
HSS COL.
S-407
1
W12X26 W12X26 W12X262
S-407
W18X46
T.O.S.= 114' - 3"
HSS12X2X5/16
3" CONC. ON 2" METAL DECK
(5" TOTAL), W/ #4 @ 9" O.C.,
EACH WAY @ LANDING
S-502
1 HSS BM. TO
HSS COL., TYP.
HSS12X2X5/16
HSS12X2X5/16
CONT. STRINGER
CONT. STRINGER
5
S-407
6
S-407
S-402
9 HSS TO
BM., SIM.
TYP.11
S-407
W10X22W10X22W10X22
T.O.S.= 111' - 6"
TYP.
C10x15.3
@C6X8.21' -9 3/8"S-401
7 BM. OVER COL.
S-401
11BM. TO
BM.
S-502
6CHANNEL
TO BM.
S-407
12 W BM. TO
HSS ABOVE,
TYP. OF 2
W10 TO COL.,
PER DETAIL 11/S-501
2
S-502W16X26W16X26 W16X26HSS10x5x3/8 ABOVE
T.O.S.= 114' - 3"
TYP.
S-404
9TYP.
W16X26 [C1]
3' - 4"4' - 0"4' - 0"
1
A B C D
KEYNOTES
1 SEE ARCH. AND SITE/CIVIL FOR ALL EXTERIOR, NON-STRUCTURAL CONCRETE.
2 VERTICAL FOOTING AND FOUNDATION WALL CONSTRUCTION JOINTS ARE NOT SHOWN. WHERE REQUIRED
BY CONTRACTOR, PROVIDE JOINT PER DTL. 7/S-300.
3 COORDINATE ALL OPENINGS IN FOUNDATION WALLS WITH ARCH., MECH., ELECT., AND PLUMBING. PROVIDE
ADDITIONAL REINFORCEMENT AT OPENINGS AS REQUIRED PER DTL. 10/S-300.
4 LOCATIONS OF SCJ'S ARE NOT SHOWN. CONTRACTOR SHALL SUBMIT A DETAILED LAYOUT OF PROPOSED
JOINT LOCATIONS A MIN. OF (7) DAYS PRIOR TO SLAB PLACEMENT FOR REVIEW AND APPROVAL. SEE DETAIL 6/S-300
FOR SLAB CONTRACTION JOINT REQUIREMENTS.
5 NON-BEARING WALLS, WINDOW AND DOOR OPENINGS, AND OTHER INTERIOR PARTITION WALLS ARE SHOWN
FOR INFORMATION ONLY. SEE ARCHITECTURAL FOR DIMENSIONS, LOCATIONS, AND SIZES OF THESE ELEMENTS.
6 PROVIDE REINFORCEMENT AT FOUNDATION WALL CORNERS AND FOOTING CORNERS PER DETAIL 1,2/S-300.
7 FLOOR DRAINS ARE NOT SHOWN FOR CLARITY. SEE PLUMBING DRAWINGS FOR FLOOR DRAIN REQUIREMENTS. SEE
DETAIL 9/S-300 FOR SLAB REQUIREMENTS AT FLOOR DRAINS.
8 COLUMN ISOLATION JOINTS SHOWN FOR REFERENCE ONLY. SEE DETAIL 8/S-300 FOR REQUIREMENTS AT
COLUMN ISOLATION JOINT.
9 BLOCKOUT TOP OF FOUNDATION WALL AT DOOR OPENING. SEE DETAIL 7/S-301.
10 SEE DETAIL 8/S-400 FOR REINFORCEMENT AT MASONRY WALL CORNERS AND INTERSECTIONS.
11 INTERIOR AND EXTERIOR MASONRY CONTROL JOINTS NOT SHOWN FOR CLARITY. COORDINATE LOCATION
OF JOINTS WITH ARCHITECTURAL DRAWINGS. SEE DETAIL 3/S-400 FOR REQUIREMENTS.
12 SEE DETAIL 5/S-400 FOR MASONRY WALL REQUIREMENTS AT INTERSECTION WITH HSS COLUMNS.
13 MASONRY HEADER AND JAMB REQUIREMENTS PER DETAIL 4/S-400.
14 STEEL STUD HEADER AND JAMB REQUIREMENTS PER DETAIL 2/S-403.
15 STEEL STUD WALL CORNER AND INTERSECTION REQUIREMENTS PER DETAIL 3, 4/S-403.
16 STEEL STUD WALL CONNECTION TO HSS COLUMN PER DETAIL 5/S-403.
17 FOOTING INTERSECTION TO FDN. WALL, PER DETAIL 3/S-301
18 TRENCH DRAIN PER DETAIL 4/S-301. SEE ARCH FOR LOCATION AND EXTENTS.
19 @ AT STAIR STRINGERS AND STAIR POST BEARING, THICKEN SLAB TO 8" THICK x 2'-0" WIDE WITH #4 @
9" O.C., CTRD. IN SLAB. CONNECT STRINGER TO SLAB PER DETAIL 2/S-402.
20 SEE DETAILS 5,6, AND 7/S-502 FOR REQUIREMENTS @ OF NON-BEARING CMU WALL CONNECTION
TO ROOF/BEAMS
21 OPEN WEB STEEL JOIST BRIDGING SHWON FOR REFERENCE ONLY. COORDINATE LOCATION AND NUMBER
OF BRIDGING BAYS WITH MANUFACTURER.
LEGEND
SHEARWALL/BEARING WALL, SEE STRUCT.
SECTIONS-
CAST-IN-PLACE CONC. FDN., SEE SCHEDULE
ON SHEET S-301-
P#.#
NEW CONCRETE COLUMN, SEE SCHEDULE
ON SHEET S-302
1i#S-#NEW STL. STUD SHEAR WALLS, SEE WALL
SCHEDULE ON SHEET S-302-
1i#C NEW CONCRETE WALLS, SEE WALL
SCHEDULE ON SHEET S-301-
NEW HOLD-DOWN, SEE HOLD-DOWN
SCHEDULE ON SHEET S-302-
WF-#
H#
MASONRY SHEARWALL/BEARING WALL, SEE
STRUCT. SECTIONS-
1i#M-#NEW MASONRY SHEAR WALLS, SEE WALL
SCHEDULE ON SHEET S-400-
SPREAD FOOTING MARK, SEE FOOTING
SCHEDULE ON SHT. S-301
F#.#
COL.
BP-#STRUCTURAL COLUMN, SEE PLAN
COL. BASE PLATE MARK, SEE BASE PLATE
SCHEDULE ON SHT. S-301
INDICATES LOCATION OF LATERAL ELEMENT,
REF. ELEVATIONS ON S-600& S-700 SHEETS-SHT.
NAME
W#X## [C#] (#")
BEAM SIZE
INDICATES COMPOSITE STEEL
BM., SEE SCH. & DETAILS ON
SHT. S-401 FOR REQ.
BEAM CAMBER (WHERE INDICATED)
INDICATES COLLECTOR LINE, SEE
SHEETS S-112a & S-113a
-
INDICATES BEAM TO COLUMN
CANTILEVER CONNECTION
-
TNMO AAN
SERPOFS GNDR
MENUEZ
NATE J.
No.15739 PE
A
T
N
IGSI
E
O L EREE ERIENProject Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
F: 406-586-8470
Architect MEP EngineerAssociate Architect
Landscape ArchitectCivil Engineer
Seal
BOZEMAN PUBLIC SAFETY CENTER
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
F: xxx-xxx-xxx
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
F: xxx-xxx-xxx
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
F: xxx-xxx-xxx
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
N. ROUSE AVE. & E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
F: 303-294-0762
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
8/10/2020 9:44:10 AMS-200
BUILDING SECTIONS AND ENLARGED
PLANS
2200.04500
MPB
JBF
NJM
BOZEMAN PUBLIC
SAFETY CENTER
2200.04500
Owner
32"128"16" 64"
S-2001/4" = 1'-0"
1ENLARGED FOUNDATION/SLAB PLAN
32" 128"16" 64"
S-2001/4" = 1'-0"
2ENLARGED 2ND FLOOR/LOWER ROOF FRAMING PLAN
167
UP
UP
1A-210
1A-210
OFFICE
110F
OFFICE
110G
SPECIAL
PROJECTS
119
OFFICE
110B
WOMEN'S RR
RR-120W
CONFERENCE
ROOM
118
JUV LOUNGE
110I
COMMONS
120
3A-210 3A-210
4A-210 4A-210
A-433
2
1
A-433
8
6
A-432
2
CUST.
108
OFFICE
100H
KITCHENETTE
105A
RR
RR-110
OFFICE
110A
PUBLIC
LOBBYL-100
DELIVERIES
100B INTERVIEW
100E
OFFICE
110C
OFFICE
110D
RECORDS
100A
MEN'S RR
RR-120M
INTERVIEW
100D WORK/COPY
115
MEN'S RR
RR-100M
WOMEN'S RR
RR-100W
INTERVIEW
100C
CONFERENCE
ROOM
112
CHIEF'S
OFFICE
114
DEPUTY
CHIEF'S
OFFICE116
OFFICE
110E
ICAC/ HUMAN
TRAFF.113
OUTSIDE
AGENCY111
B.1A.15A.14A.13A.12A.11A.10A.4A.3 A.9A.1
1.31.3
1.4 1.4
1.6
1.6
1.12 1.12
1.15 1.15
1.16 1.16
1.21.2
A.8A.7A.6A.5
1.9
1.9
1.17 1.17
1.13 1.13
1.11
1.8 1.8
1.10
1.14 1.14
1.7 1.7
STORAGE
ST-105
FAMILY CARE
100F
VESTIBULE
V-110
ELECT.
123
OFFICE -
REPORTS
110H
BRIEFING
122
ARMORY
124OFFICE
121
RR
RR-110I
COMMUNITY
ROOM
105
4' - 10"6' - 8"14' - 8"18' - 0"15' - 4"19' - 4"17' - 4"18' - 0"18' - 0"12' - 0"18' - 0"18' - 0"18' - 0"18' - 0"7' - 4"3' - 6"13' - 0"5' - 8"10' - 0"10' - 4"4' - 8"5' - 8"2' - 0"10' - 10"2' - 0"6' - 6"8"18' - 8"2' - 0"6' - 4"3' - 6"13' - 0"5' - 8"10' - 0"10' - 4"12' - 4"12' - 10"6' - 6"8"18' - 8"2' - 0"6' - 4"1.5
1.5
OFFICE
117
WA2
WA7-12
WA1
WA2 S-126.1
WA1
WA6-12
STAIR 2
S-106
VESTIBULE
V-105
OPEN OFFICE
110
STORAGE
ST-131
STAIR 1
S-102
CORRIDOR
C-110 CORRIDORC-115CORRIDOR
C-125
SECURE
INTERVIEW133
EQUIP.
110J
BUNK
125
CORRIDOR
C-120-N
STAIR 3
S-126
WATER
M-124
1
57
4
3
ELEV. 1
EL-102
ELEV 4
EL-260
1A-612
3A-612
CORRIDOR
C-120-S
A-434
2
1A-435
2
1A-434
3
A-435
3S-106.2
100A
100D117119A107
105.2121100C123119B100HL-100RR-110S-106.1100E
114116112122.1118B100B.2100B.1V-105.1V-100.2 RR-120M110I.2RR-100MRR-100W108
100F105.1125124
V-110.5
M-124ST-113
RR-120WAREA AAREA BAREA AAREA BA-431 1
2
A-4011
A-4021ELEV. 2
EL-106
809
A-202 A 1
A-202 A4
A-201
3
A-203 A1 3
C2a8-
B5a8 -
C2a
8 -
C2-r8 -
B3a3 -
G13 -
G13 -
C23 -
C23 -
C2ar3 -
C3a3 -
C3a3 -
C2ar3 -C2a8 -
C2ar8 -
B3a3 -
C2b3 -
B3a3 -
C2a8 -
C4a3 -
C4a
8 -
C4a3 -
C3a3 -C4a3 1/2
M121/2
C2ar
8 -
C2ar8 -
C3a3 -
C3a3 -
C3a3 -
C3a8 -
C2ai3 -
C4a6s1/2
M12 -
M
12 -
C2ar
8 -
C2a3 -
C2a8 -
C2-r3 -
C2c
3 -
G1s
3 -
G1s3 -118AC2a3 -
B3a3 -
C2b3 -
A-438
2
1
A-438
4
6
35
STORAGE
ST-113
A-434
G1c3 -
B3a6 -
C2a8 -
C2ar8 -
IT
107
4
VESTIBULE
V-100
A-4111
C3a
8 -
A-4131
SF-3
110I1.1
1.1
1' - 8"8"C2c3 -
C2c3 -1' - 4"A.2
122.24' - 0"10 1/2"2A-612
3A-611
2A-611
1A-611
4A-613 1A-613
1A-614
2A-6133A-613
A-4231
A-4221
A-4121
A-4236
A-461
3
A-462 31
2
A-461
4
1
5
A-462 6
A-451 9
A-4513
4
1
2
A-451
8
5
6
7 A-452
4
1
2
3
A-452
5
A-452
6
A-452
8
9 4.6% SLOPE99' - 6"5' - 1"100' - 0"
A-4051
A-4081
A-432
3
A-457
1
2
A-4573
2707
V-100.1
WA5
WA10a
BELOW ST-105110A110B110C110D110E110F110G110HV-105.21' - 4"
4"
4A-611
722
722
722
722
1
A-701
1
A-723
B3a3 -
B3a3 -
G1
3 -
G1
3 -
C2b3 -
G13 -
G13 -
B4a8 -
TA-26
WA10a
G13 -
BELOW
C2ar8 -
C2c
8 -
C2c8 -C2c
8 -
C2ar8 -
C4a3 1/2
C4a3 -ST-1312217
C2ar8 -
2313
2313 111113AG1c3 -
F1c
H -
G1c3 -
A-6324 A-6321
A-6335
A-63411
A-203 B
1
A-203 A
2
A-202 A
6
A-201 1
C3a3 -
G1c3 -
TA-27TA-27
30530514' - 0"7 3/8"S-102C2ar8 -
G1c
3 -
C2a3 -CLCL6 1/4"7' - 4"7 3/4"
A-7163
A-7162
A-6661
4
A-716
6' - 0"
4 1/2"
3' - 1"
CLR
18' - 9"
6' - 6"
10' - 10 1/2"6' - 3 1/2"5' - 6"
2"
9 1/4"12' - 7"11' - 8 3/4"
7"
3A-407
CLR
4' - 5 3/4"5' - 5"
11' - 3"2' - 1"
6' - 5 3/4"
5' - 5"7' - 2"5"6' - 3 1/2"
311311311311
3' - 2 1/4"4' - 3"
3' - 2"
6 3/4"
12' - 1 3/4"
8' - 1 1/4"4' - 0"3' - 4"1' - 4"4 3/4"2' - 0"1' - 4"8"1' - 8"7' - 7 1/8"6' - 2 1/2"
1' - 0"
5' - 0"
3' - 8"2' - 0"1' - 0"1' - 0"2' - 0"2' - 0"4' - 0"4' - 0"4' - 0"2' - 0"2' - 0"2' - 0"2' - 0"4' - 0"4' - 0"4' - 0"4' - 0"2' - 0"2' - 0"4' - 0"4' - 0"4' - 0"4' - 8"9' - 4"1' - 4"1' - 0 5/8"1' - 4"8"
1' - 8"3' - 4"1' - 4"6' - 8"8"8"6' - 8"1' - 4"8"8"1' - 8"100100
10"3' - 3 7/8"1' - 8"
A-40312' - 4"1' - 0"8"1' - 4 3/8"6 1/4"7 1/2"10' - 11 5/8"CONTRACTOR TO VERIFY1' - 3 3/4"12' - 5 1/2"5' - 2 1/2"2 3/4"RR-110I
7' - 0"JOINT
4" EXPANSION
4' - 0"
A-4577
2105
F1cH-2' - 6"2' - 8"5 1/4"
5' - 9"
5"
6' - 6 3/4"
A-7029
TYP AT
EXPOSED
COLUMNS
A-202 A
2
A-202 A
3
A-201
4
V-110.3
V-110.1
1' - 4"
4"
8"
3"4"
WA2
JAMB
8" TO
V-110.2A-5259
A-63812
22202201
2201
2220
2201
TYP
2220 2201
2201
1' - 0 5/8"22202220
EL-102.1
303
303
303
303 303
A-6329A-6326
110JA-6661
OPH
113BC3a3 -
C2a
3 -
C2ar8 -
C2ar8 -
C2ar8 -
C2ar8 -
C3a
3 -
C2ar8 -
C2ar8 -
C3a8 -
C2ar8 -C2ar8 -
C2ar
8 -
C2ar
8 -
C2ar8 -
C2a8 -
C2a3 -
WA2
TYP
2' - 6 1/4"1' - 10"1273
TYP OF 4
8"8"1010
G1c3 -
A-64610
A-64610
CL7' - 2"CL3' - 8"CL
5' - 8"2' - 8"B5a
8 -
C2-r3 -
4 1/2"
1001
A-511
6
A-6055 A-6055SIM
C2ar
3 -
C2ar3 -
2' - 5"2' - 5"3' - 1"6' - 4 1/2"
ASI
20
ASI
20
ASI
20
ASI
20
ASI
20
ASI
20
ASI
20
ASI
20
WORK NOTES GENERAL NOTES
1. REFER TO SHEET A-601 AND A-602 FOR EXTERIOR WALL, ROOF AND SOFFIT ASSEMBLIES
2. REFER TO SHEET A-603, A-604 AND A-605 FOR INTERIOR PARTITIONS
3. ALL PARTITIONS THAT APPEAR TO BE CENTERED ON GRIDLINE ARE IN FACT CENTERED. WALL
STUD CENTERED ON GRIDLINE, UON
4. PROVIDE MOISTURE RESITANT GYPSUM BOARD BEHIND ALL SINKS AND LAVATORIES AND
BEHIND SHOWERS
5. PROVIDE CEMETITIOUS BACK BOARD BEHIND ALL CERAMIC TILE INSTALLATIONS
6. PROVIDE FIRE TREATED BLOCKING AT ALL WALL MOUNTED EQUIMENT, ACCESSORIES (GRAB
BARS, MARKER BOARDS, ETC.) CABINETS, ETC.
7. ALL PARTITIONS ARE TYPE 'C2a' UON ON FLOOR PLANS OR ENLARGED PLANS
8. PROVIDE PLYWOOD OR FIRE TREATED WOOD BLOCKING AT ALL UPPER CABINETS, DOOR STOPS,
FLAT PANEL DISPLAYS, VISUAL DISPLAYS MARKER BOARDS AND SMART BOARDS
9. CLEARANCES AND OTHER DIMENSIONS SHOWN ON A-410 "TYPICAL MOUNTING HEIGHTS AND
CLEARANCES" ARE ABSOLUTE. SHOULD PLAN DIMENSIONS OR FIELD CONDITIONS RESULT IN
INADEQUATE CLEARANCES, NOTIFY ARCHITECT BEFORE PROCEEDING WITH WORK.
LEGEND
BRACE FRAME LOCATIONS, RE: A-605 (IN BUILDING AREA A)
1. INDICATES PARTITION FRAMING THAT IS IN-LINE/ INFILLED
BETWEEN STRUCTURE BRACE FRAME MEMBERS
2. INTERIOR FRAMING IS CENTER ON STRUCTURAL GRID UON.
3. RE: STRUCTURAL DWGs FOR MORE INFO
IDENTIFIES WALLS WITH CORNER GUARDS, TYP HEIGHT AT 7'-2" UON
RE: INTERIOR ELEVATIONS AND FINISH LEGEND (A-501) FOR MORE INFO
FIRE RATED WALL LEGEND
ONE HOUR FIRE BARRIER
TWO HOUR FIRE WALL PER IBC 706
1/2 HOUR FIRE PARTITION
WILLIAM A.
HANSON
1898
FOETATS MONT
A
N
AEMANZOB
T A N ANOM
A R C H IT ECTDES
NECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
10/23/2020 9:29:04 AMA-101a
FLOOR PLAN - LEVEL 01 - AREA A
1825
AMD
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
4'16'2' 8'1/8" = 1'-0"
FLOOR PLAN - LEVEL 01 - AREA A TRUE NORTH
1273 CABLE GROMMET IN COUNTERTOP, CENTERED ON GLASS PANEL
2105 FIRE DEPARTMENT KNOX BOX, INCLUDE DOOR MASTER AND
ELEVATOR KEY
2201 WALL HYDRANT, RE: PLUMBING
2217 MOP BASIN , RE: PLUMBING
2220 ROOF OVERFLOW DRAIN DOWNSPOUT NOZZLE, RE: PLUMBING
2313 WALL MOUNTED RADIANT PANEL, RE: MECH
2707 ADA PUSH BOTTON, RE: TECH
100 GENERAL
303 PRE-CAST SPLASH BLOCK
305 SLAB DEPRESSION UNDER HD FILES, AT SOG ONLY. RECESS DEPTH 2"
MIN, VIF WITH EQUIPMENT VENDOR / MFR. SOG REQUIRES FLOOR
FLATNESS OF 45 AND A FLOOR LEVELNESS OF 35 FOR ALL HIGH
DENSITY STORAGE AREAS. RE: STRUC
311 CAST IN PLACE CONCRETE SHAFT WALL, RE: STRUC
722 FULL BUILDING EXPANSION JOINT, RE: EXPANSION JOINT SCHEDULE
ON A-501
809 STOREFRONT
1001 FOLDING PANEL PARTITION, PANEL WEIGHT 12 IBS PER SF, RE:
STRUCTURAL DRAWINGS FOR STEEL BEAM SUPPORT, CONNECTION
DETAILS PER MFR STANDARD DETAILS, RE: SPECS
1010 TRASH GROMMET
AREA A
AREA B
AREA C
AREA D
TA-26 MOP AND BROOM HOLDER
TA-27 STAINLESS STEEL SPLASH GUARDS
168
Bid DocumentsRFI Revision169
Change Estimate Report
Project: Bozeman Public Safety Center CE No:35b
Project # 19426 Revision #
Change Source: RFI 066, ASI 019 Date:4/15/2021
Description:Area D Entry Footing Change
Category Quantity Unit Unit Cost Total
-$
03A.0320 1 sum 3,855.25$ 3,855.25$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 3,855.25$
GC/CM Business Insurance 0.625% 24.10$
CM Fee 3.2% 124.14$
Bond 1.0% 40.03$
4,043.52$ TOTAL
Description
ADD
Area D Entry (ASI 019)
170
20 West Haley Springs Tel: 1-406-587-0806
Unit A Fax: 1-406-587-6279
PO Box 11078
Bozeman, MT 59719
Job Name/Number: Bozeman Public Saftey Center 11/12/2020 Change Order #009
Langlas ATTN: Loren Cantrel Job #
DESCRIPTION QUANTITY UNIT AMOUNT
Form work teardown - panels, ledge, and blockouts (2 Men - 2hr)4 $75.00 $300.00
Reinforcing tear out (2 Men - 2hr)4 $75.00 $300.00
Block-out and Ledge tear out (2 Men - 2hr)4 $75.00 $300.00
Rebuild Ledge for curb-wall add 8" (1man -2hr)2 $75.00 $150.00
Rebuld block-out 8"x8"x10'-0" (1man -2hr)2 $75.00 $150.00
Reinforcing fabrication and install (2men 2hr)4 $75.00 $300.00
Formwork Re-build - install panels, ledge, and blockouts (2
Men - 2hr) **wall thickness changed from 16" - 20"4 $75.00 $300.00
Added Concrete for 10'-8" wall changing from 16" to 20" 2.5 $173.00 $432.50
Added Pump time 0.25
Hilti hammer drill
HY-200 3 $48.75 $146.25
Demo Saw 1 $150.00 $150.00
Added Reinforcing (fabrication new verts and add horizontal bar)1 $421.56 $421.56
1/2" plywood 1 $31.84 $31.84
2x6x16 DF 4 $26.43 $105.72
Admin Time 2 $125.00 $250.00
Schedule Impact 1 Day
Loss of Productoin (4 men-6hrs)24 Hours
Subtotal $3,337.87
Overhead 10%$333.79
Profit 5%$183.58
Total $3,855.24
Customer Signature Date
THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN.
Web: www.eastoncompanies.com
CHANGE ORDER
AREA D WALL CHANGE RFI-66/ASI-19
171
101 East Main – Studio One
Bozeman, Montana 59715
phone: 406.586.7020 fax: 406.586.8470
ARCHITECTURAL SUPPLEMENTAL INSTRUCTIONS
Project Name: Bozeman Public Safety Center Project No.: 1825
Location: Bozeman, Montana ASI No.: 19
Owner: City of Bozeman Contractor: Langlas & Associates
121 North Rouse Avenue 1019 East Main Street
Bozeman, Montana 59715 Bozeman, Montana 59715
The Work shall be completed in accordance with the following supplemental instructions issued in accordance
with the Contract Documents without change to the Contract Amount or Contract Time.
SUPPLEMENTAL INSTRUCTIONS:
The purpose of this ASI is to coordinate the west wall foundation at the Fire Department Vestibule (V-180) Entry.
Sheet A -101d – Level 01 – Area D
- See clouded for entry area D.
Sheet A-619 – Wall Section – Area D
- See clouded area for changed wall type for entry area D.
ATTACHMENTS:
SHEET A-101d – LEVEL 01 – AREA D
SHEET A-619 – WALL SECTION – AREA D
ThinkOne Elizabeth Seidel 10/26/20
ISSUED BY (CONSULTANT) AUTHORIZED AGENT DATE
By proceeding with the Work in accordance with these instructions, the Contractor acknowledges that there will
be no change to the Contract Amount or Contract Time.
172
OOD.4 D.4
D.6 D.6
D.5 D.5
3
A-210
3
A-210
4
A-210
4
A-210
SHOWER
RR-161
SHOWER
RR-163
VESTIBULE
V-180
D.2 D.2
A-4364
3
2
FD STORAGE
160C
SLEEPING
ROOM
172
EMS
196
EMS
194
TRAINING
192
OFFICE
184
ADMIN
182
FIRE CHIEF
198
CONFERENCE
193
OPEN OFFICE
185
DAYROOM
183
KITCHEN/
DINING
181
EMS
STORAGE
160D
WATER/ELECT.
169 LAUNDRY
167
LOBBY
L-180
SLEEPING
ROOM
170
SLEEPING
ROOM
174
SLEEPING
ROOM
168
SLEEPING
ROOM
166
SLEEPING
ROOM
164
OFFICE
162
RR
RR-180
SLEEPING
ROOM
162A
FF WORK
AREA
160A
SHOWER
RR-165
CORRIDOR
C-190
CORRIDOR
C-170
OFFICE
160B
AIR LOCK/
BOOTWASH
V-160
IT
176
SHOWER
RR-162
RR
RR-189
BATTALION
CHIEF
188
FIRE
MARSHAL
186
D.1 D.1
2.15 2.13 2.11 2.9 2.6 2.5 2.3 2.1
C.6 C.6
D.3D.3
2.22.7
OPERATIONS
CHIEF
190
1' - 2"13' - 2"8' - 8"12' - 8"19' - 0"21' - 4"17' - 4"26' - 10"24' - 6"30' - 8"22' - 10"3' - 4" 32' - 6"10' - 4" 11' - 2" 20' - 10" 10' - 2"
CUSTODIAL
171
STORAGE
ST-183CUSTODIAL
183A
AREA C
AREA D
BREAK RM
191 ADA SHOWER
RR-187
WA6-12
WA1
WA2
WA7-12
WA6-12
WA1
A-204
4169174172170V-160.3168166164176
RR-180198
160B 167184186188190192194196V-160.2
160C160DV-160.1171V-190.2182183RR-189
RR-187
181.2181.3183A L-180.2
162ARR-162162
181.1
AIRLOCK
V-170
CORRIDOR
C-180
VESTIBULE
V-190
1
WA6-12
WA2
WA1
WA2
WA1
WA2
C4ar
6s1/2
A-202 B1
A-203 C 2
A-203 C 3
V-170.1C3a
3 -C3a
6s -
C3a
6s -
C3a
3 -
C3a
6s -
C3a
3 -
C3a
6s -
C3a
3 -
C4a
6s -
C2a
3 -C4ar
6s -
C4a
6s -
C2a
3 -
C2a
3 -
C2-r
3 -
C2-r
3 -
C2-r
3 -
C2p
3 -
C2p
3 -
C2
3 -
C4a
6s -
C4a
6s -
E4a
6 -
C4a
6s -
C4a
6s -
C4a
6s -
C4a
3 1/2
M
12 -
C2-r
3 -
M
12 -
C2br
3 -
C2a
3 -
C2
3 -
C4a
6s -
C2
6s -
C2-r
6s -
C2ar
6s -
M
121/2
C2a
3 -
C2a
6 -
G1
3 -
C2a
6s -
C2
3 -
C4ar
3 -
WA2
3' - 4"V-180.1A-4394
1
2
3
10061006V-170.2C2p
3 -
2201
2.4
3
A-619
4
A-617
3
A-617
1
A-617
1
A-618
2
A-618
4A-618
5
A-619
6
A-619
3A-618
1
A-619
2
A-617
199' - 4"85' - 0"5
A-617
C2-r
3 -
A-415
1
A-415
10
A-414
1
C3ar
6s -
A-463
5
4
A-4641 2
A-464
4
3
A-4552
A-455
1A-4557
4
5
6A-455
3
A-456 1
2
A-456 3
A-456 4
5
2209
L-180.1V-170.3A-455 10
11
A-455
8
A-4365
6
A-4559 185193191V-190.1C4a
3 -
C4a
3 -
C2a
6s -
G2a
3 1/2
C2ar
6s -
C4ar
6s -
A-4636
TYP
RR-165RR-163RR-16112' - 0"14' - 2"12' - 2"10' - 0"6' - 8"6' - 8"2' - 0"6' - 8"5' - 8"1' - 0"2313
WA10a
BELOWL-180.33' - 4"1' - 4"34' - 0"23' - 0"
2A-619
2"
M
8 -
M
8 -
WA1
A-665
10
A-662
4
1' - 4"3' - 4"3' - 4"
3' - 4"1' - 4"1' - 4"3' - 4"2' - 8"7' - 2"A-201
2
A-201
2
A-202 B2CLEQEQ
C2ar
6s -C2ar
6s -
10' - 0"
C2a
8 -V-180.2TA-26
2217
TA-27TA-27
TA-27TA-27TA-26 2217
3
A-703
A-414
14
TYP.
3' - 6"
2
A-703
3
A-703
2
A-703
723723
1' - 2"3' - 8"10' - 1 1/2"10' - 0 1/2"9' - 10 1/4"12' - 11 3/4"
2' - 2 1/4"9' - 6 3/4"7' - 0 1/4"
6' - 8"10' - 0"8"5' - 4"
4' - 8"10' - 8"5' - 4"5' - 4"10' - 8"10' - 8"4' - 0"6' - 8"10' - 8"7' - 2"3' - 6"10' - 8"
16' - 0"8' - 8"2' - 0"10' - 8"8' - 0"2' - 8"12' - 0"4"3' - 8"4' - 8"4' - 0"4' - 8"2' - 8"1' - 0"2' - 4"3' - 8"4' - 0"2' - 2"1' - 4"9' - 8"4"8' - 4"2' - 4"10' - 4"4"10' - 8"8' - 0"2' - 0"10' - 0"2' - 6"6' - 10"9' - 4"43' - 4"A-662
3
1' - 8"OF MULLION2 3/4" TO BACK5' - 4"4' - 2"8"6 1/2"9' - 9 1/4"8' - 5 3/4"
10' - 3"2' - 2 3/4"10' - 2 1/2"9 1/4"6' - 1 3/4"15' - 6 1/2"15' - 2 3/4"
5' - 10"
6 1/2"2' - 2"
2' - 0"2' - 0"2' - 0"
10' - 2"9' - 10"8"
2' - 0"2' - 0"2' - 6"
7 1/2"10"MAS WALL6" END OF 4' - 0"
2' - 8"
7' - 10 1/2"
2' - 1"
C2ar
3 -
915 915
915
916916 916916
918 918 918918 918 918 918918
A-439
9
M
12 -
A-665
11
A-665
11
A-665
11
OPH
2' - 1"
11 3/8"4' - 8"2"
OPH
1' - 2"
3' - 3 1/2"2' - 6"2' - 6"2201
A-203 B 2
2201 2201
2201
M
4 -
22202220
2220 2220
303
303303
303303
WA2
A-722
8
3' - 0 3/4"
M
12 -
C3a
3 -
C3a
6s -
1010
1009 TYP
1009
3' - 0"3' - 0"
A-2049 6
A-722
3
A-722
6
A-646
10
CL1' - 0"CL5' - 0"F1c
H -
303
720
720
ASI
20
WORK NOTES GENERAL NOTES
1. REFER TO SHEET A-601 AND A-602 FOR EXTERIOR WALL, ROOF AND SOFFIT ASSEMBLIES
2. REFER TO SHEET A-603, A-604 AND A-605 FOR INTERIOR PARTITIONS
3. ALL PARTITIONS THAT APPEAR TO BE CENTERED ON GRIDLINE ARE IN FACT CENTERED. WALL
STUD CENTERED ON GRIDLINE, UON
4. PROVIDE MOISTURE RESITANT GYPSUM BOARD BEHIND ALL SINKS AND LAVATORIES AND
BEHIND SHOWERS
5. PROVIDE CEMETITIOUS BACK BOARD BEHIND ALL CERAMIC TILE INSTALLATIONS
6. PROVIDE FIRE TREATED BLOCKING AT ALL WALL MOUNTED EQUIMENT, ACCESSORIES (GRAB
BARS, MARKER BOARDS, ETC.) CABINETS, ETC.
7. ALL PARTITIONS ARE TYPE 'C2a' UON ON FLOOR PLANS OR ENLARGED PLANS
8. PROVIDE PLYWOOD OR FIRE TREATED WOOD BLOCKING AT ALL UPPER CABINETS, DOOR STOPS,
FLAT PANEL DISPLAYS, VISUAL DISPLAYS MARKER BOARDS AND SMART BOARDS
9. CLEARANCES AND OTHER DIMENSIONS SHOWN ON A-410 "TYPICAL MOUNTING HEIGHTS AND
CLEARANCES" ARE ABSOLUTE. SHOULD PLAN DIMENSIONS OR FIELD CONDITIONS RESULT IN
INADEQUATE CLEARANCES, NOTIFY ARCHITECT BEFORE PROCEEDING WITH WORK.
LEGEND
BRACE FRAME LOCATIONS, RE: A-605 (IN BUILDING AREA A)
1. INDICATES PARTITION FRAMING THAT IS IN-LINE/ INFILLED
BETWEEN STRUCTURE BRACE FRAME MEMBERS
2. INTERIOR FRAMING IS CENTER ON STRUCTURAL GRID UON.
3. RE: STRUCTURAL DWGs FOR MORE INFO
IDENTIFIES WALLS WITH CORNER GUARDS, TYP HEIGHT AT 7'-2" UON
RE: INTERIOR ELEVATIONS AND FINISH LEGEND (A-501) FOR MORE INFO
FIRE RATED WALL LEGEND
ONE HOUR FIRE BARRIER
TWO HOUR FIRE WALL PER IBC 706
1/2 HOUR FIRE PARTITION
WILLIAM A.
HANSON
1898
FOETATS MONT
A
N
AEMANZOB
T A N ANOM
A R C H IT ECTDES
NECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
10/21/2020 4:03:04 PMA-101d
FLOOR PLAN - LEVEL 01 - AREA D
1825
AMD
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
4'16'2' 8'
1/8" = 1'-0"
FLOOR PLAN - LEVEL 01 - AREA D
AREA A
AREA B
AREA C
AREA D
2313 WALL MOUNTED RADIANT PANEL, RE: MECH303 PRE-CAST SPLASH BLOCK
720 4" DIAMETER METAL DOWNSPOUT
723 EXTENT OF HORIZONTAL UNDERSLAB INSULATION, RE: WALL
SECTION
915 ABUSE RESISTANT GB BELOW COUNTERTOP
916 ABUSE RESISTANT GB BOTH SIDES OF PARTITION
918 ABUSE RESISTANT GB, BEHIND BED FRAME HEAD, UP TO 4'-0" AFF
1006 BOLLARD, RE: SPECS
1009 WIRE/CABLE GROMMET
1010 TRASH GROMMET
2201 WALL HYDRANT, RE: PLUMBING
2209 DRINKING FOUNTAIN, RE: PLUMBING
2217 MOP BASIN , RE: PLUMBING
2220 ROOF OVERFLOW DRAIN DOWNSPOUT NOZZLE, RE: PLUMBING
TA-26 MOP AND BROOM HOLDER
TA-27 STAINLESS STEEL SPLASH GUARDS
ASI 19 OCTOBER 26, 2020
173
D.6D.5
LEVEL 1 -NORTH
98' -0"
10
A-665
2
A-619
A-714
1A-714
4
CW-11
107' -10 3/8" T.O. STEEL
ASI
20
2.7
LEVEL 1 -NORTH
98' -0"
1
A-619
A-714
4 A-714
7 SIM
WA6-12
ISF-15
ASI
20
CONCRETE FOUNDATION WALL
PROVIDE REINFORCEMENT PER
WALL TYPE 20C ON CONCRETE
WALL-SCHEDULE BRICK LEDGE ELEVATION
A-630
6SIM.
12 M-2
2.15
LEVEL 1 -NORTH
98' -0"
3 7/8"A-663
3
A-660
2
A-665
2
A-661
5
A-661
4 7' - 0"7' - 0" R.O.2' - 4"114' -4" T.O. FRAMING
WA5-6
WA1
D.2
LEVEL 1 -NORTH
98' -0"
A-663
9
3' - 1"
1" / 12"
A-660
8
4' - 0"
WA3RA1
114' -4" T.O. FRAMING
110' -8" B.O. FRAMING
111' -0" T.O. HSS
1' - 1"
A-706
8
12' - 8"4" 3' - 4"
2.9
LEVEL 1 -NORTH
98' -0"
A-660
2
A-661
5
A-661
4
A-663
3
A-665
2
WA1
WA5-6
RA1
114' -4" T.O. FRAMING
2' - 4" 7' - 0" R.O.7' - 0"WORK NOTES
GENERAL NOTES
1. WALL SECTIONS ARE FOR COORDINATION, DIMENSIONING,
AND REFERENCING LARGER DETAILS AND SCHEDULES
WITHIN THE BALANCE OF THE CONTRACT
DOCUMENTS.WHEN DISCREPANCIES OCCUR, THE LARGER
SCALE DETAIL SHALL TAKE PRECEDENT.
WILLIAM A.
HANSON
1898
FOETATS MONT
A
NAEMANZOB
TA N ANOM
A R C H IT ECTDES
N
ECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
10/27/2020 10:40:04 AMA-619
WALL SECTIONS - AREA D
1825
MB
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
6"4'1' 2'
A-6193/8" = 1'-0"
1WALL SECTION - VESTIBULE AT FD - 1
6"4'1' 2'
A-6193/8" = 1'-0"
2WALL SECTION - VESTIBULE AT FD - 2
6"4'1' 2'
A-6193/8" = 1'-0"
3WALL SECTION - GL 2.15
6"4'1' 2'
A-6193/8" = 1'-0"
5WALL SECTION - SOUTH ENTRY - AREA D
6"4'1' 2'
A-6193/8" = 1'-0"
6WALL SECTION - GL 2.9
ASI 19 OCTOBER 26, 2020
174
LEVEL 1 -NORTH
98' -0"2' - 0"100' -0" T.O. CONCRETE
WA10b
2.9
6" 4'1' 2'A-6193/8" = 1'-0"
2WALL SECTION - VESTIBULE AT FD - 2
LEVEL 1 -NORTH
98' -0"
20
CONCRETE FOUNDATION WALL
PROVIDE REINFORCEMENT PER
WALL TYPE 20C ON CONCRETE
WALL-SCHEDULE BRICK LEDGE ELEVATION
A-630
6SIM.
12 M-2
6"4'1' 2'
A-6193/8" = 1'-0"
2WALL SECTION - VESTIBULE AT FD - 2
Bid Documents
ASI Revision
2.7
7
S-305
16C
LATION JOINTS
PERMITTED AT
OSED SLAB-ON-
GRADE AREAS
8"EXTENSION, TYP.2" STEM WALL6' - 0"
T.O.C.= 97
@ PIER
TYP.
S-203
175
Change Estimate Report
Project: Bozeman Public Safety Center CE No:46
Project # 19426 Revision #1
Change Source: RFI 065 Date:4/15/2021
Description:Revision and Rework of Area D Wall - Along GL D.2 at V-190
Category Quantity Unit Unit Cost Total
-$
03A.0320 1 sum 884.15$ 884.15$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 884.15$
GC/CM Business Insurance 0.625% 5.53$
CM Fee 3.2% 28.47$
Bond 1.0% 9.18$
927.33$ TOTAL
Description
ADD
Footing and Wall Change at V-190 Vestibule
176
20 West Haley Springs Tel: 1-406-587-0806
Unit A Fax: 1-406-587-6279
PO Box 11078
Bozeman, MT 59719
Job Name/Number: Bozeman Public Saftey Center 11/12/2020 Change Order #008
Langlas ATTN: Loren Cantrel Job #
DESCRIPTION QUANTITY UNIT AMOUNT
Formwork teardown & re-form 2 $75.00 $150.00
Reinforcing tear out & add (demo saw)2 $75.00 $150.00
Replacement reinforcing, 6 #4 Z-bars, 3 #4 straight bars 1 $230.00 $230.00
Admin Time 0.5 $125.00 $62.50
Loss of production 4 $75.00 $300.00
4500 PSI Concrete 1 $173.00 $173.00
Schedule Impact .25 Days
Loss of production 4
Subtotal $1,065.50
Overhead 10%$106.55
Profit 5%$58.60
Total $1,230.65
Customer Signature Date
THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN.
Web: www.eastoncompanies.com
CHANGE ORDER
RFI# 065_Footing and Wall Change @ Area D GL D2/2.11
$765.50
$76.55
$42.10
$844.15
177
Date Issued:
To:Submitted by:
Attn:
Email:Reference:
Tel:Fax
Subject:
Information Requested:
Potential Cost Impact Potential Sched. Impact Response Requested By:
Response:
Signed By:Date Answered:
RFI Direction Notice:
Proceed with work as noted above.
Do not proceed with work. Please provide pricing for work as described above.
Distribution
RFI #Request For Information
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088
1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110
280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
Bozeman Public Safety Center 65
ThinkOne Architects
Jon Wirth
jwirth@think1.com
(406) 586-7020
10/26/2020
Sam Holt
Langlas & Associates, Inc.
A-101d, S-101d, A-619
Area D Wall - Along GL D.2 at V-190
This RFI is to show the foundation wall along gridline D.2 per conversation onsite with Think1 - revision to detail 5/A-619.
The footing and wall runs under the framed wall as shown on 4/S-305.
This RFI is meant to formally record this item.
4 11/3/20
Langlas & Associates- File
Russell Pierce - LL
Elizabeth Oliver - LL
Mark Dehn - LL
Jon Wirth - Think1
Elizabeth Seidel - Think1
Will Sanzone - LL
See attached Wall Section 5/A-619 to indicate foundation wall location under framedwall as indicated on S-101d. S-101d indicates inset alcove from GL D.2 of framed
wall/foundation wall assembly condition (4/S-305 - TYP UNO) for Vest V-190. Thickened
entry door slab per 5/A-619 and as indicated in 8/S-305 for typical conditions.
Jon Wirth, Nate Menuez Oct. 27, 2020
178
RFI
Information requested:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Description:
Signature: _____________________________________________________ Date:________________
Response:
PROJECT:
RFI # SPEC SECTION #
SENT DATE REVISION #
CONTRACTOR SUPERINTENDANT
ARCHITECT ENGINEER
TO FROM
Signature:Date:
TYP., @
EXT. U.N.O.5
H1
ELIMINATE CONT. WALL
SHOWN IN YELLOW.
REPLACE WITH WALL
SHOWN IN ORANGE
179
S-101D SHOWS CONT. WALL AND INT. AND
EXT. STRIP FOOTINGS AT DIFFERENT
ELEVATIONS
A-101D
5/A-619 SHOWS THICKENDED EDGE SLAB
8/A-660 SHOWS THICKENDED EDGE SLAB
180
Hold TOW down 8"for entry per 8/S-3053'-1"181
D.6D.5
LEVEL 1 -NORTH
98' -0"
10
A-665
2A-619
A-714
1A-714
4
CW-11
107' -10 3/8" T.O. STEEL
ASI
20
2.7
LEVEL 1 -NORTH
98' -0"
1
A-619
A-714
4 A-714
7 SIM
2' - 0"WA6-12
100' -0" T.O. 12 M-2 RE: STRUCT.
ISF-15
ASI
20
CONCRETE FOUNDATION WALL
PROVIDE REINFORCEMENT PER
WALL TYPE 20C ON CONCRETE
WALL-SCHEDULE BRICK LEDGE ELEVATION
A-630
6SIM.
12 M-2
2.15
LEVEL 1 -NORTH
98' -0"
3 7/8"A-663
3
A-660
2
A-665
2
A-661
5
A-661
4 7' - 0"7' - 0" R.O.2' - 4"114' -4" T.O. FRAMING
WA5-6
WA1
D.2
LEVEL 1 -NORTH
98' -0"
A-663
9
3' - 1"
1" / 12"
A-660
8
WA3RA1
114' -4" T.O. FRAMING
110' -8" B.O. FRAMING
111' -0" T.O. HSS
1' - 1"
A-706
8
12' - 8"4" 3' - 4"
RFI_065
2.9
LEVEL 1 -NORTH
98' -0"
A-660
2
A-661
5
A-661
4
A-663
3
A-665
2
WA1
WA5-6
RA1
114' -4" T.O. FRAMING
2' - 4" 7' - 0" R.O.7' - 0"WORK NOTES
GENERAL NOTES
1. WALL SECTIONS ARE FOR COORDINATION, DIMENSIONING,
AND REFERENCING LARGER DETAILS AND SCHEDULES
WITHIN THE BALANCE OF THE CONTRACT
DOCUMENTS.WHEN DISCREPANCIES OCCUR, THE LARGER
SCALE DETAIL SHALL TAKE PRECEDENT.
WILLIAM A.
HANSON
1898
FOETATS MONT
A
NAEMANZOB
TA N ANOM
A R C H IT ECTDESNECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
10/27/2020 12:05:24 PMA-619
WALL SECTIONS - AREA D
1825
MB
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
6"4'1' 2'
A-6193/8" = 1'-0"
1WALL SECTION - VESTIBULE AT FD - 1
6" 4'1' 2'
A-6193/8" = 1'-0"
2WALL SECTION - VESTIBULE AT FD - 2
6" 4'1' 2'
A-6193/8" = 1'-0"
3WALL SECTION - GL 2.15
6" 4'1' 2'
A-6193/8" = 1'-0"
5WALL SECTION - SOUTH ENTRY - AREA D
6" 4'1' 2'
A-6193/8" = 1'-0"
6WALL SECTION - GL 2.9
182
1
Elizabeth Oliver
From:Casey Bennett <casey@eastoncompanies.com>
Sent:Thursday, February 11, 2021 4:45 PM
To:Elizabeth Oliver
Cc:Sam Holt; Russell Pierce
Subject:RE: BPSC CHANGE ORDERS
Attachments:RFI 65 COMPILED.pdf; AREA D REINFORCING FROM APPROVED SHOPS.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
Categories:Bozeman Safety Center
Beth-
To answer the comments below regarding denying this CO. The field directive change came after the footing for area D
was built for that area, thus the reason for cutting out bar, and footing re-build, as well as the addition of the wall verts
and corners.
Please also see the attached snipits from the approved reinforcing shops. They do not show what was built in the field,
they show what the CD drawings show which is a lowered wall that has the slab pour over it, and a thickened edge
footing for the framed walls above, not full ht. concrete walls.
From this I don’t see how we would have known about this change prior to building it per. the current Construction
Documents at that time, which resulted in RFI 65.
Thank you
183
NO WALL REINFORCING
PROVIDED IN THESE SHOPS
FOR THE WALL SHOWN IN
GREEN. THE SHOP
DRAWINGS SHOW THE T.E.
FOOTING WITH THE STEEL
STUD WALL ABV. THAT IS
WHY THEY CALL OUT 3 #4
4D07 DWL. THESE WOULD
HAVE BEEN IN THE T.E.
FOOTING TIEING BACK TO
THE WALL.
THIS DOES NOT REFLECT
WHAT WAS BUILT IN THE
FIELD FOLLOWING RFI# 67
I DONT GET A CREDIT BACK
FROM MY SUPPLIER FOR
BAR THAT IS FABRICATED.
THE ADDED Z' BARS ARE TO
TIE IN THE CONTINUOUS
FOOTING PER. RFI (NOT
SHOW IN THESE
DRAWINGS. AND FOR THE
ADDED WALL CORNERS
NOT SHOWN IN THESE
SHOPS.
Wall still shown on the shop
drawings and accurate per
detail 14, and CD drawings
prior to RFI 75 65
184
Change Estimate Report
Project: Bozeman Public Safety Center CE No:60
Project # 19426 Revision #
Change Source: RFI 032 Date:2/24/2021
Description:Revised Brick Ledge at Grid A.4
Category Quantity Unit Unit Cost Total
-$
03A.0320 1 sum 1,024.77$ 1,024.77$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 1,024.77$
GC/CM Business Insurance 0.625% 6.40$
CM Fee 3.2% 33.00$
Bond 1.0% 10.64$
1,074.82$ TOTAL
Dimensions of concrete foundation wall brick ledge differed from architectural to structural. RFI response eliminated air gap
shown on structural detail 2/S-308, which required rework of formwork and reinforcement to change offset from 1'-4" to 8".
Footing had been placed, requiring drilling and epoxy of rebars into footing to align with narrower foundation wall.
Description
ADD
Formwork and Reinforcement Rework
185
20 West Haley Springs Tel: 1-406-587-0806
Unit A Fax: 1-406-587-6279
PO Box 11078
Bozeman, MT 59719
Job Name/Number: Bozeman Public Saftey Center 11/12/2020 Change Order #007
Langlas ATTN: Loren Cantrel Job #
DESCRIPTION QUANTITY UNIT AMOUNT
Form work teardown (2 Men 1 HR)2 $75.00 $150.00
Reinforcing tear out & re-install (1 Man 1 HR)1 $75.00 $75.00
Replacement reinforcing, Drill & Epoxy, Hilti HY-200 (1 Man 1 HR)1 $356.00 $356.00
Replace and rebuild formwork (2 Men 1 HR)2 $75.00 $150.00
Admin 1.25 $125.00 $156.25
Schedule Impact .75 Days
Loss of Production 6 hrs
Subtotal $887.25
Overhead 10%$88.73
Profit 5%$48.80
Total $1,024.77
Customer Signature Date
THANK YOU FOR DOING BUSINESS WITH US. WE LOOK FORWARD TO SERVING YOU AGAIN.
Web: www.eastoncompanies.com
CHANGE ORDER
RFI 32 - BRICK LEDGE @ G.L. A.4 & 1.2
186
Date Issued:
To:Submitted by:
Attn:
Email:Reference:
Tel:Fax
Subject:
Information Requested:
Potential Cost Impact Potential Sched. Impact Response Requested By:
Response:
Signed By:Date Answered:
RFI Direction Notice:
Proceed with work as noted above.
Do not proceed with work. Please provide pricing for work as described above.
Distribution
RFI #Request For Information
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088
1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110
280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
Bozeman Public Safety Center 32
ThinkOne Architects
Jon Wirth
jwirth@think1.com
(406) 586-7020
09/21/2020
Sam Holt
Langlas & Associates, Inc.
Easton Concrete RFI 004
Confirm Dimensions of Brick Ledge/Foundation Wall Near GL A.4 and GL 1.2
Please see RFI below from Easton Concrete on the brick ledge/foundation wall thickness at GL A.4 and GL 1.2 (SE corner of stairwell #1
area)
4 4 9/25/20
Langlas & Associates- File
Russell Pierce - LL
Elizabeth Oliver - LL
Mark Dehn - LL
Jon Wirth - Think1
Elizabeth Seidel - Think1
Will Sanzone - LL
Detail 2/S-308 as denoted on 1/S-200 is a similar detail. As graphically represented in 1/A-401, 9/A-633,
and 1/S-200, there is to be no air gap between the stud framing. Design intent is for the brick veneer to
align with face of foundation - leaving the chamfer reveal below.
09/25/2020
187
RFI
Information requested:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
Description:
Signature: _____________________________________________________ Date:________________
Response:
PROJECT:
RFI # SPEC SECTION #
SENT DATE REVISION #
CONTRACTOR SUPERINTENDANT
ARCHITECT ENGINEER
TO FROM
BPSC
004 03 30 00
09/21/2020
LANGLAS Russell P.
Think 1 MMI
Langlas Easton
Confirm dimensions for wall in Area A near G.L. (A.4 & 1.1/1.2)
Arch. & Str. Differ on dimensions please confirm which is correct. See attached page 2
9/21/2020
Signature:Date:
188
189
Change Estimate Report
Project: Bozeman Public Safety Center CE No:61
Project # 19426 Revision #
Change Source: PR 14 Date:2/24/2021
Description:Fire Department Gear Dryer (Electrical Modifications)
Category Quantity Unit Unit Cost Total
-$
26A.1600 1 sum 826.67$ 826.67$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 826.67$
GC/CM Business Insurance 0.625% 5.17$
CM Fee 3.2% 26.62$
Bond 1.0% 8.58$
867.04$
Cost to increase wire size and breakers associated with Gear Dryer in Turnout Gear (rm. 154) and FD Storage (Rm. 156A).
Description
ADD
Electrical Modifications
TOTAL
190
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #PR014
Date:2/16/2021
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for PR014 which involves increasing the wire size and
breaker size for the gear dryers in Turnout Gear RM 154 and FD Storage RM 156A.
Itemized Breakdown
Description Qty Net Price U Total Mat.LaborU Total Hrs.
# 8 THHN BLACK -1,330 559.75 M -744.47 8.75M -11.64
# 6 THHN BLACK 1,330 861.23 M 1,145.44 11.13M 14.80
60A 2P BREAKER BOLT-ON 2 28.48 E 56.96 0.31E 0.62
REMOVE 40A/2P BREAKER 2 0.00E 0.00 0.17E 0.34
40A/2P BREAKER COST -2 28.48 E -56.96 0.00E -0.00
Totals 2 400.97 4.13
Summary
General Materials 400.97
Material Total 400.97
JOURNEYMAN (4.13 Hrs @ $61.00) 251.93
FOREMAN @ 25%(1.03 Hrs @ $61.00) 62.83
Subtotal 715.73
Overhead (@ 10.000 %) 71.57
Markup (@ 5.000 %) 39.37
Subtotal 826.67
ORIGINAL
191
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #PR014
Date:2/16/2021
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:2
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Summary (Cont'd)
Final Amount $826.67
ORIGINAL
192
101 East Main – Studio One
Bozeman, Montana 59715
phone: 406.586.7020 fax: 406.586.8470
PROPOSAL REQUEST
Project Name: Bozeman Public Safety Center Project No.: 1825
Location: Bozeman, Montana PR No.: 14
Owner: City of Bozeman Contractor: Langlas & Associates
121 North Rouse Avenue 1019 East Main Street
Bozeman, Montana 59715 Bozeman, MT 59715
Please submit an itemized proposal for adjustments to the Contract Amount and/or Contract Time resulting from
the proposed modifications to the Contract Documents described below. This proposal shall include all costs
associated with the proposed change, such as materials, labor, overhead, and profit. This proposal shall be
submitted to the requestor within fourteen (14) calendar days of the date given below.
PROPOSED MODIFICATIONS:
Please provide the cost to increase the size of wires and breakers for the Gear Dryers in Turnout Gear
(Rm. 154) and FD Storage (Rm. 156A).
The Fire Department plans to purchase different Gear Dryers than our original Basis of Design product.
As such, we need to revise the power to accommodate the unit they plan to purchase.
Please refer to attached drawing sheets:
E-101B Electrical Power & Fire Alarm Plan – Level 01 – Area B
E-605 Electrical Panel Schedules
ThinkOne (ACE) Maryanne St. Sauver (Jake Garwood) 2/11/21
REQUESTED BY (CONSULTANT) AUTHORIZED AGENT DATE
If this proposal is accepted, the Owner will issue a Change Order to incorporate the proposed modifications into
the Contract.
193
FDDN
DN
FD
FD
FD
FD
FD
FD FDFDFD
WPWRAC
AC
AC AC AC
AC AC
ACACAC96" 96"
AC
ACACAC AC44"30AACAC AC AC
AC ACACACAC
M
OH DOOR
M
OH DOOR
M
OH DOOR
M
OH DOOR
M
FOLDING DOORS
WPWRWPWR
WPWRWPWR WPWR
WPWRJ J
AC AC
AC
72"ACAC
F
FF FFF
F
F
WP
F
F
F
WP
F
F
F FF
F
F
WP
F
FFF
F FF
F
FF
FFFFF F F
F
F
CO
COSB
SD
SD
SD
HD
F
FFFFFFFFFF F
F
F
F FFWPSD
SD
SD
SD
SD
F
WP
F
WP
ACACACACACACCUH-1UH-3
CUH-1
FC-3
FC-2
UH-1
UH-1
CH-1
ASC-1
80"UH-2
30AEF-8
EF-9
EF-10
F
F
WPWR
FACPTS
TS
TS
TS
TS
TS
TS
TSFS
FS
FS
FSNACESP-4
R FWPF
FWPFM
OH DOOR
J JJ
J J
J
J J
J
J J
J JJ
80"CUH-1
44"72"MMMMM M
CUH-S126R
SD SD SD SD
WPWR
WPWR WPWR
J
JJ JJJ
M M
J
26"26"C.1 C.1
B.3 B.3
B.2 B.2
B.1 B.1
2.14
2.14
2.12
2.12
2.10
2.10
A.15 A.15
1.2
1.2
DIGITAL
FORENSICS
142E
STORAGE
142D
DRY
142B
DRY
142C
CLEANING
154C
DECON
154B
SECURE
CORRIDOR
C-130
WASH BAY
154A
DISCOVERY
146B
OFFICE
142F
FD WORK
156
VEST
V-142
OFFICER
BAG/TAG
142AIT
148A
ELEV 4
EL-260
STORAGE
ST-131
SECURE
INTERVIEW
133
VEHICLE EXAM
BAY
144
EVIDENCE
PROCESSING
142
NARC VAULT
146C
EVIDENCE
146
FITNESS
150
SECURE
INTERVIEW
132
SECURE
INTERVIEW
134 SECURE
INTERVIEW
LARGE
136
F.D. STORAGE
156A
MONITOR
130
CASCADE
152A
SCBA MAINT.
152
SECURE RR
RR-130
WATER
M-124
BUNK
125
EQUIP.
110J
ARMORY
124
IT
129
TURNOUT GEAR
154
CORRIDOR
C-125
SHOWER
154D
CUSTODIAL
127
ADA SHOWER
RR-126
SALLY PORT
140
BICYCLE
STORAGE
140B
VESTIBULE
V-110
ELEC. ROOM
148B
BUILDING
STORAGE
(FUTURE
EXPANSION)
148
VESTV-
146
BRIEFING
122
STAIR 4
S-151
OPEN OFFICE
110
1 1
2
2
3
3
3
4 3
3
3
5
6
7
8
9
10
10
11
12 12
12 12
13
14
15
16
16
17
15
16 16
17
15
16
16
17
15
16
16
17
16
15 18
E-400
3
19
20
21
22
1ALOS1-1
1ALOS1-4
1ALOS2-48
1BLOS1-1 1BLOS1-2
1BLOS1-3
1BLOS1-4
1BLOS1-5
1BLOS1-6
MSB1-3
1BLOS1-7
1BLOS1-8
1BLOS1-9 1BLOS1-10
1BLOS1-11,13,15
1BLOS1-12
1BLOS1-141BLOS1-16
1BLOS1-17
1BLOS1-18
1BLOS1-19
1BLOS1-21 1BLOS1-22 1BLOS1-23
1BLOS1-24
1BLOS1-25
1BLOS1-26
1BLOS1-27
1BLOS1-28
1BLOS1-29
1BLOS1-30
1BLOS1-31,33,35
1BLOS1-32
1BLOS1-34
1BLOS1-36
1BLOS1-38
1BLOS1-39
1BLOS1-40
1BLOS1-41
1BLOS1-42
1BLOS1-43
1BLOS1-44
1BLOS1-45
1BLOS1-46,48
1BLOS1-47
1BLOS1-44
1BLOS2-1
1BLOS2-3,5,7
1BLOS2-2,4
23
1BLOS2-9
1BLOS2-6,8
24
25
1BLOS2-11
1BLOS2-13
1BLOS2-10,12
1BLOS2-15
1BLOS2-17
1BLOS2-14
1BLOS2-19
1BLOS2-16
1BLOS2-21
1BLOS2-18
1BLOS2-20 1BLOS2-23
1BLOS2-22
1BLOS2-25
1BLOS2-24
1BLOS2-27
1BLOS2-28
1BLOS2-26
1BLOS2-29
1BLOS2-30
1BLOS2-31
1BLOS2-32
1BLOS2-33,35
1BLOS2-34,36
25
1BLOS2-37,39,41
26
1BLOS2-38
1BLOS2-40
1BLOS2-42 1BLOS2-43
1BLOS2-46 1BLOS2-47
1BLOS2-48
1BLOS3-1
1BLOS3-2
1BLOS3-4
1BLOS3-3
1BLOS3-6
1BLOS3-5
1BLOS3-8
1BLOS3-7
1BLOS3-10
1DLOS1-19
1DLOS1-40
1BLOS1-37
1DLOS1-47
1DLOS1-48
E-400
4
1BLOS2-44
1BLOS2-45
1BLOS3-34,36
1BLOS3-35
1DLOS3-56
27
28
29
1ALOS3-19
30
30
1BL2
1BL2-1
1BL2-2
1BL2-3,5
16
31
32
31
31
33
1ALOS3-41
28
28 28 28 28 28
34
SHOWER
RR-128
MTSEM
35
36
1BLOS3-45,47 17
MAIN
DISC
37
1BLOS3-46
1BLOS3-48
1BLOS3-49
38
MSB1
1BLOS1-20
39
23
13
13
ACE Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
N. ROUSE AVE. & E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR BID JUNE 04, 2020
19BZ4921
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 22, 2020
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ASI 16 OCTOBER 09, 2020
RFI 039B OCTOBER 19, 2020
PR 05 OCTOBER 27, 2020
13
ASI 21 NOVEMBER 04, 2020
PR 07 NOVEMBER 23, 2020
PR 09 DECEMBER 08, 2020
RFI 099 DECEMBER 23, 2020
PR 11 DECEMBER 21, 2020
PR 13 JANUARY 21, 2021
PR 14 FEBRUARY , 20212/10/2021 7:59:21 AME-101B
ELECTRICAL POWER & FIRE ALARM PLAN -
LEVEL 01 - AREA B
JG
JK
JK
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
N
1/8" = 1'-0"E-101B
1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA B
ELECTRICAL KEYNOTES
36 SEE ELECTRICAL RISER DIAGRAM FOR FEEDER SIZE.
37 PROVIDE GENERATOR REMOTE EMERGENCY STOP SWITCH.
38 EC TO COORDINATE MOUNTING HEIGHT OF LOWER RECEPTACLES WITH SHELVING.
MOUNT RECEPTACLES AT APPROXIAMTLY 20" AFF CENTERED BETWEEN SHELVES.
39 DEVICE FOR CEILING MOUNTED CORD REEL PROVIDED BY EC. SEE DETAIL 5/E-401 FOR
ADDITIONAL INFORMATION.
ELECTRICAL KEYNOTES
24 EC TO PROVIDE NEMA 15-50R RECEPTACLE. PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6,
#10G.
25 PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C.
26 PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6, #6N, #10G.
27 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL,
SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE.
28 EC TO PROVIDE ROUGH-IN AND POWER FOR MAGNETIC DOOR HOLDERS PROVIDED WITH
DOOR HARDWARE. COORDINATE REQUIREMENTS WITH EQUIPMENT PROVIDER. ROUTE
CIRCUIT FOR DOOR HOLDERS THOUGH FA RELAY PROVIDED BY FA CONTRACTOR.
29 ELEVATOR SUMP PUMP CONTROLLER PROVIDED BY OTHERS, WIRING BY EC. EC
RESPONSIBLE FOR WIRING FROM CONTROLLER TO ALARM SWITCH AND PUMP LOCATED
IN ELEVATOR PIT. PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C.
30 EC TO PROVIDE CONNECTION TO AUTOMATIC SLIDING DOOR. VERIFY EXACT
CONNECTION POINT AND LEAF WITH HARDWARE CONTRACTOR PRIOR TO ROUGH-IN.
31 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM STROBE PROVIDED AND INSTALLED BY
OTHERS. PROVIDE 4" SQUARE BOX AT 7'-6" AFF AND CONDUIT INTO ACCESSIBLE
CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER.
32 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKER PROVIDED AND INSTALLED BY
OTHERS. PROVIDE BOGEN RE84 BACK BOX FOR HARD LID CEILING OR BOGEN TB8 TILE
BRIDGE FOR SUSPENDED CEILING. COORDINATE LOCATION AND REQUIREMENTS WITH
SYSTEM PROVIDER.
33 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM DOORBELL/EMERGENCY ALERT PUSH
BUTTON PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AND
CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND
REQUIREMENTS WITH SYSTEM PROVIDER.
34 DEVICE FOR OWNER PROVIDED AIR COMPRESSOR. COORDINATE EXACT REQUIREMENTS
WITH OWNER.
35 PROVIDE MANUAL TRANSFER SWITCH FOR TEMPORARY SOURCE OF POWER FOR
MAINTENANCE OR REPAIR COMPLYING WITH NEC 700.3. MANUAL SWITCH SHALL BE
FOXFAB FFCC-C2-100-T-U4-G-ALU-LA OR EQUAL. SEE ELECTRICAL RISER DIAGRAM FOR
ADDITIONAL INFORMATION.
ELECTRICAL KEYNOTES
14 VEHICLE EXAM BAY CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL
ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM
AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL
COMPLY WITH NEC ARTICLE 511.
15 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT
REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D
CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER
MANUFACTURERS RECOMMENDATIONS.
16 PROVIDE ROUGH-IN W/ EMPTY 1/2" C THAT CONTAINS A PULL CORD TO THE SAFETY
BEAM DEVICES LOCATED ON BOTH SIDES OF THE DOOR FROM THE OH DOOR MOTOR.
COORDINATE W/ DOOR SUPPLIER FOR ANY ADDITIONAL REQUIREMENTS.
17 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY
OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR.
COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO
ROUGH-IN.
18 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT
REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D
CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER
MANUFACTURERS RECOMMENDATIONS. EC TO PROVIDE ROUGH-IN FOR SAFETY
DEVICES AND PUSHBUTTON CONTROLLER PER MANUFACTURERS RECOMMENDATIONS.
19 DEVICE FOR DROP CORD. SEE DETAIL 4/E-400 FOR ADDITIONAL INFORMATION.
20 PROVIDE 3/4" CONDUIT TO SNOW MELT SENSOR FROM SNOW MELT CONTROLLER
LOCATED IN MECHANICAL ROOM M-305. COORDINATE LOCATION WITH MC PRIOR TO
ROUGH-IN.
21 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V
TRANSFORMER SUPPLIED BY PC.
22 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX
PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE
LOAD.
23 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 2#6, #10G.
ELECTRICAL KEYNOTES
1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE
COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS.
2 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKERS PROVIDED AND INSTALLED BY
OTHERS. PROVIDE 4" SQUARE BOX AT 13'-0" AFF AND CONDUIT INTO ACCESSIBLE
CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER.
3 DEVICE FOR CORD REEL. SEE DETAIL 5/E-400 FOR ADDITIONAL INFORMATION.
4 DEVICE FOR WALL MOUNTED COMPUTER STATION. COORDINATE MOUNTING HEIGHT
WITH EQUIPMENT SUPPLIER.
5 COORDINATE RECEPTACLE LOCATION WITH DRINKING FOUNTAIN SUPPLIER. PROVIDE
5mA GFCI BREAKER IN PANEL TO SERVE LOAD.
6 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/
ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM
LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT.
7 DEVICE FOR REFRIGERATED EVIDENCE LOCKER. COORDINATE EXACT CONNECTION
LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN.
8 ROUTE CIRCUIT FOR CABINET UNIT HEATER THROUGH LINE VOLTAGE THERMOSTAT
PROVIDED BY TC. SEE MECHANICAL PLANS FOR THERMOSTAT LOCATIONS.
9 EC TO PROVIDE A SQ D CLASS #3110, 208V, 3-POLE HEAVY DUTY LOCKABLE FUSED
DISCONNECT IN A NEMA 3R ENCLOSURE FOR IRRIGATION WELL PUMP. FUSE PER PUMP
MANUFACTURERS RECOMMENDATIONS.
10 DEVICE FOR GEAR DRYER PROVIDED BY OTHERS. COORDINATE EXACT LOCATION WITH
EQUIPMENT PROVIDER PRIOR TO ROUGH-IN.
11 DEVICE FOR SCBA FILL STATION. EC TO PROVIDE 208V, 3-POLE, 60A NON-FUSED
DISCONNECT IN A NEMA 1 ENCLOSURE.
12 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR
FLOOR BOX DETAILS.
13 SALLY PORT CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL
ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM
AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL
COMPLY WITH NEC ARTICLE 511.
AREA A
AREA B
AREA C
AREA D
ELECTRICAL POWER GENERAL NOTES
A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL
120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION.
B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT
DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT
DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED
COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN.
C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM,
FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED
ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES.
D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK,
SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN.
E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH
CIRCUITS SERVING DEVICES IN SLEEPING UNITS.
F FIRE ALARM PANELS SHALL BE SEISMIC RATED.
G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN
CONDUIT)
13
11
194
ACE Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
N. ROUSE AVE. & E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR BID JUNE 04, 2020
19BZ4921
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 22, 2020
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ASI 16 OCTOBER 09, 2020
RFI 039B OCTOBER 19, 2020
PR 05 OCTOBER 27, 2020
13
ASI 21 NOVEMBER 04, 2020
PR 07 NOVEMBER 23, 2020
PR 09 DECEMBER 08, 2020
RFI 099 DECEMBER 23, 2020
PR 11 DECEMBER 21, 2020
PR 13 JANUARY 21, 2021
PR 14 FEBRUARY , 20212/10/2021 7:59:21 AME-605
ELECTRICAL PANEL SCHEDULES
JG
JK
JK
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
Notes:
Lighting 66 VA 125.00% 83 VA
Power 180 VA 100.00% 180 VA
Receptacle 39818 VA 62.56% 24909 VA
Other 0 VA 0.00% 0 VA Total Est. Demand:225 A
Motor 32127 VA 110.12% 35377 VA Total Conn.:258 A
Heating 18408 VA 100.00% 18408 VA Total Est. Demand:81144 VA
Electric Clothes Dryer 1020 VA 100.00% 1020 VA Total Conn. Load:92785 VA
Cooling 1200 VA 100.00% 1200 VA
Load Classification Connected Load Demand Factor Estimated Demand Panel Totals
Legend:
Total Amps:216 A 266 A 304 A
Total Load:25961 VA 31093 VA 35731 VA
59 Spare 20 A 1 0 0 1 20 A Spare 60
57 Spare 20 A 1 0 0 1 20 A Spare 58
55 Spare 20 A 1 0 0 1 20 A Spare 56
53 Spare 20 A 1 0 0 1 20 A Spare 54
51 Spare 20 A 1 0 0 1 20 A Spare 52
49 Spare 20 A 1 0 0 1 20 A Spare 50
47 EF-9, EF-10, F.D. STORAGE 156A 20 A 1 703 4500 -- -- --48
45 Receptacle FD WORK 156 20 A 1 540 4500 2 60 A GEAR DRYER, F.D. STORAGE 156A 46
43 Receptacle 20 A 1 540 540 1 20 A Receptacle FD WORK 156 44
41 Receptacle BICYCLE STORAGE 140B 20 A 1 540 540 1 20 A Receptacle KENNEL 140D 42
39 Receptacle BICYCLE STORAGE 140B 20 A 1 180 180 1 20 A Receptacle BICYCLE STORAGE 140B 40
37 Receptacle EVIDENCE 146 20 A 1 180 180 1 20 A Receptacle BICYCLE STORAGE 140B 38
35 ---- -- 888 900 1 20 A Receptacle BICYCLE STORAGE 140B 36
33 ---- -- 888 720 1 20 A Receptacle BICYCLE STORAGE 140B 34
31 OH DOOR, BICYCLE STORAGE 140B 20 A 3 888 480 1 20 A UH-1, BICYCLE STORAGE 140B 32
29 Receptacle 20 A 1 180 720 1 20 A Receptacle OFFICE 142F 30
27 Receptacle DIGITAL FORENSICS 142E 20 A 1 360 360 1 20 A Receptacle Room 142E 28
25 Receptacle DRY 142C 20 A 1 360 720 1 20 A Receptacle STORAGE 142D 26
23 CUH-1, VEST V-142 20 A 1 564 360 1 20 A Receptacle DRY 142B 24
21 Receptacle OFFICER BAG/TAG 142A 20 A 1 180 540 1 20 A Receptacle OFFICER BAG/TAG 142A 22
19 EVIDENCE LOCKER, EVIDENCE... 20 A 1 1200 540 1 20 A Receptacle OFFICER BAG/TAG 142A 20
17 Receptacle 20 A 1 180 540 1 20 A Receptacle EVIDENCE PROCESSING 142 18
15 ---- -- 444 360 1 20 A Receptacle EVIDENCE PROCESSING 142 16
13 ---- -- 444 360 1 20 A Receptacle EVIDENCE PROCESSING 142 14
11 OH DOOR, VEHICLE EXAM BAY 144 20 A 3 444 540 1 20 A Receptacle EVIDENCE PROCESSING 142 12
9 Receptacle 20 A 1 180 180 1 20 A Receptacle 10
7 Receptacle Room 144 20 A 1 540 360 1 20 A Receptacle VEHICLE EXAM BAY 144 8
5 Receptacle Room 146B, 146C, 146 20 A 1 720 540 1 20 A Receptacle EVIDENCE 146 6
3 Receptacle BUILDING STORAGE... 20 A 1 540 564 1 20 A CUH-1, VEST 146A 4
1 Receptacle BUILDING STORAGE... 20 A 1 540 540 1 20 A Receptacle BUILDING STORAGE... 2
CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT
Notes:
Enclosure:Type 1 Buss Rating 400 A
Mounting:Surface Wires:4 Mains Rating:300 A
Supply From:T2 Phases:3 Mains Type:MCB
Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000
Panel:1BLOS1
Notes:
Lighting 66 VA 125.00% 83 VA
Power 180 VA 100.00% 180 VA Total Est. Demand:159 A
Receptacle 23618 VA 71.17% 16809 VA Total Conn.:170 A
Motor 27300 VA 110.62% 30198 VA Total Est. Demand:57285 VA
Heating 9000 VA 100.00% 9000 VA Total Conn. Load:61181 VA
Electric Clothes Dryer 1020 VA 100.00% 1020 VA
Load Classification Connected Load Demand Factor Estimated Demand Panel Totals
Legend:
Total Amps:147 A 175 A 195 A
Total Load:17676 VA 20505 VA 23000 VA
59 Spare 20 A 1 0 0 1 20 A Spare 60
57 Spare 20 A 1 0 0 1 20 A Spare 58
55 Spare 20 A 1 0 0 1 20 A Spare 56
53 Spare 20 A 1 0 0 1 20 A Spare 54
51 Spare 20 A 1 0 0 1 20 A Spare 52
49 Spare 20 A 1 0 0 1 20 A Spare 50
47 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Receptacle FITNESS 150 48
45 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Floor Box FITNESS 150 46
43 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Floor Box FITNESS 150 44
41 ---- -- 3864 360 1 20 A Floor Box FITNESS 150 42
39 ---- -- 3864 540 1 20 A Receptacle FITNESS 150 40
37 SCBA FILL STATION, SCBA MAINT.... 50 A 3 3864 360 1 20 A Receptacle FITNESS 150 38
35 ---- -- 1000 1789 -- -- --36
33 House Compressor, CASCADE 152A 20 A 2 1000 1789 2 30 A SCBA AIR COMPRESSOR, CASCADE... 34
31 Receptacle Room S-151 20 A 1 540 540 1 20 A Receptacle Room 152A, 152 32
29 Receptacle BUNK 125 20 A 1 360 540 1 20 A Receptacle BUNK 125 30
27 Receptacle CLO. ST-111 20 A 1 360 540 1 20 A Receptacle CLO. ST-111 28
25 Receptacle INTERVIEW 133 20 A 1 720 540 1 20 A Receptacle CLO. ST-111 26
23 Receptacle INTERVIEW 134 20 A 1 540 603 1 20 A Receptacle ELEVATOR 4-1 EL-260-1 24
21 Receptacle Room C-130, 140B 20 A 1 720 900 1 20 A Receptacle LARGE INTERVIEW 136 22
19 Receptacle TURNOUT GEAR 154 20 A 1 900 540 1 20 A Receptacle INTERVIEW 132 20
17 Receptacle MONITOR 130 20 A 1 720 1921 1 30 A ELEV 4 SUMP PUMP, STORAGE ST-131 18
15 Receptacle SHOWER 154D 20 A 1 180 360 1 20 A WC-3, RR RR-130 16
13 FD DRYER, CLEANING 154C 20 A 1 1380 540 1 20 A Receptacle MONITOR 130 14
11 EF-8, CLEANING 154C 20 A 1 583 4500 -- -- --12
9 Receptacle CLEANING 154C 20 A 1 180 4500 2 60 A GEAR DRYER, CLEANING 154C 10
7 ---- -- 3500 2000 -- -- --8
5 ---- -- 3500 2000 2 30 A Receptacle CLEANING 154C 6
3 SCBA DECON WASHER, CLEANING... 50 A 3 3500 1352 -- -- --4
1 Receptacle DECON 154B 20 A 1 180 1352 2 20 A TURNOUT GEAR EXTRACTOR,... 2
CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT
Notes:
Enclosure:Type 1
Mounting:Surface Wires:4 Buss Rating:400 A
Supply From:1BLOS1 Phases:3 Mains Type:MLO
Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000
Panel:1BLOS2
PROVIDE AFCI BREAKER TO SERVE THE FOLLOWING LOADS: 7
PROVIDE 5mA GFCI BREAKER TO SERVE THE FOLLOWING LOADS: 1
Notes:
Power 13492 VA 100.00% 13492 VA
Receptacle 9540 VA 100.00% 9540 VA Total Est. Demand:101 A
Other 0 VA 0.00% 0 VA Total Conn.:100 A
Motor 846 VA 120.50% 1020 VA Total Est. Demand:36270 VA
Heating 2995 VA 100.00% 2995 VA Total Conn. Load:36106 VA
Cooling 9276 VA 100.00% 9276 VA
Load Classification Connected Load Demand Factor Estimated Demand Panel Totals
Legend:
Total Amps:125 A 91 A 87 A
Total Load:14894 VA 10826 VA 10386 VA
71 Spare 20 A 1 0 0 1 20 A Spare 72
69 Spare 20 A 1 0 0 1 20 A Spare 70
67 Spare 20 A 1 0 0 1 20 A Spare 68
65 Spare 20 A 1 0 0 1 20 A Spare 66
63 Spare 20 A 1 0 0 1 20 A Spare 64
61 Spare 20 A 1 0 0 1 20 A Spare 62
59 Spare 20 A 1 0 0 1 20 A Spare 60
57 Spare 20 A 1 0 0 1 20 A Spare 58
55 Spare 20 A 1 0 0 1 20 A Spare 56
53 Spare 20 A 1 0 0 1 20 A Spare 54
51 Spare 20 A 1 0 0 1 20 A Spare 52
49 Receptacle CLO. ST-111 20 A 1 540 0 1 20 A Spare 50
47 ---- -- 312 540 1 20 A Receptacle CLO. ST-111 48
45 COILING DOOR EVIDENCE... 20 A 2 312 540 1 20 A Receptacle CLO. ST-111 46
43 ---- -- 1664 1664 -- -- --44
41 PIVOT GATE 20 A 2 1664 1664 2 20 A PIVOT GATE 42
39 ---- -- 1664 1664 -- -- --40
37 PIVOT GATE 20 A 2 1664 1664 2 20 A PIVOT GATE 38
35 UH-2, VEHICLE EXAM BAY 144 20 A 1 240 1498 -- -- --36
33 Receptacle IT 129 20 A 1 360 1498 2 20 A Heating 34
31 Receptacle IT 129 20 A 1 360 360 1 20 A Receptacle IT 129 32
29 Receptacle IT 129 20 A 1 180 180 1 20 A Receptacle IT 129 30
27 Receptacle IT 129 20 A 1 180 180 1 20 A Receptacle IT 129 28
25 Receptacle IT 129 20 A 1 180 180 1 20 A Receptacle IT 129 26
23 Receptacle IT 148A 20 A 1 360 360 1 20 A Receptacle IT 129 24
21 Receptacle IT 148A 20 A 1 180 180 1 20 A Receptacle IT 148A 22
19 Receptacle IT 148A 20 A 1 360 180 1 20 A Receptacle IT 148A 20
17 Receptacle IT 148A 20 A 1 360 180 1 20 A Receptacle IT 148A 18
15 FACP, IT 129 20 A 1 180 2839 -- -- --16
13 ---- -- 1799 2839 2 40 A FC-2, IT 129 14
11 FC-3, IT 148A 30 A 2 1799 540 1 20 A Receptacle ELEC. ROOM 148B 12
9 NAC PANEL, IT 148A 20 A 1 180 540 1 20 A Receptacle WATER M-124 10
7 Receptacle ARMORY 124 20 A 1 540 360 1 20 A Receptacle Room 269, RR-126 8
5 Receptacle SHOWER RR-128 20 A 1 360 180 1 20 A Receptacle FITNESS 150 6
3 Receptacle FITNESS 150 20 A 1 180 180 1 20 A Receptacle FITNESS 150 4
1 Receptacle FITNESS 150 20 A 1 180 360 1 20 A Receptacle FITNESS 150 2
CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT
Notes:
Enclosure:Type 1 Buss Rating 200 A
Mounting:Surface Wires:4 Mains Rating:200 A
Supply From:T13 Phases:3 Mains Type:MCB
Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000
Panel:1BLOS3
Notes:
Lighting 7784 VA 125.00% 9730 VA
Power 2640 VA 100.00% 2640 VA
Receptacle 47584 VA 60.51% 28792 VA Total Est. Demand:155 A
Other 0 VA 0.00% 0 VA Total Conn.:165 A
Motor 66426 VA 111.57% 74112 VA Total Est. Demand:128590 VA
Heating 10808 VA 100.00% 10808 VA Total Conn. Load:137513 VA
Cooling 4222 VA 100.00% 4222 VA
Load Classification Connected Load Demand Factor Estimated Demand Panel Totals
Legend:
Total Amps:159 A 174 A 165 A
Total Load:44125 VA 47993 VA 45419 VA
19 Provision -- -- 0 0 -- -- Provision 20
17 Provision -- --0 0 -- -- Provision 18
15 Provision -- -- 0 0 1 20 A Spare 16
13 Provision -- -- 0 0 1 20 A Spare 14
11 ---- -- 11385 1972 1 20 A Lighting Room 160A, 160B, 160C,... 12
9 ---- -- 11992 3090 1 20 A Lighting Room 154A, 233 10
7 T12 100 A 3 12586 2781 1 20 A Lighting Room 182, 183, 183A, 184,... 8
5 ---- -- 23977 8587 -- -- --6
3 ---- -- 24881 8587 -- -- --4
1 T3 150 A 3 20679 8587 3 40 A AHU-1 FANS, CORRIDOR C-170 2
CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT
Notes:
Enclosure:Type 1 Buss Rating:250 A
Mounting:Surface Wires:4 Mains Rating:250 A
Supply From:1BHOSDP Phases:3 Mains Type:MCB
Location:WATER/ELECT. 169 Volts:480/277 Wye A.I.C. Rating:42,000
Panel:1DHOS1 13
13
11
195
Change Estimate Report
Project: Bozeman Public Safety Center CE No:64
Project # 19426 Revision #
Change Source: ASI 39 Date:2/24/2021
Description:Second Level Floor Box Locations
Category Quantity Unit Unit Cost Total
-$
26A.1600 1 sum (932.34)$ (932.34)$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL (932.34)$
GC/CM Business Insurance 0.625% (5.83)$
CM Fee 3.2% (30.03)$
Bond 1.0% (9.68)$
(977.88)$
Electrical modifications to floor box locations in Court Clerkds (235) room.
Description
ADD
Floor Box Revisions
TOTAL
196
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #ASI039
Date:2/18/2021
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for ASI039 which involves the removal of six standard
floor boxes and the addition of three poke thru style floor boxes.
Itemized Breakdown
Description Qty Net Price U Total Mat.LaborU Total Hrs.
HUBBLE S1PTFIT POKE THROUGH FLOOR BOX 3 262.48 E 787.44 1.50E 4.50
WIREMOLD 880S2 - TWO GANG FLOOR BOX -6 240.88 E -1,445.28 1.50E -9.00
Totals -3 -657.84 -4.50
Summary
General Materials -657.84
Material Total -657.84
JOURNEYMAN (-4.50 Hrs @ $61.00) -274.50
Subtotal -932.34
Final Amount $-932.34
ORIGINAL
197
101 East Main – Studio One
Bozeman, Montana 59715
phone: 406.586.7020 fax: 406.586.8470
ARCHITECTURAL SUPPLEMENTAL INSTRUCTIONS
Project Name: Bozeman Public Safety Center Project No.: 1825
Location: Bozeman, Montana ASI No.: 39
Owner: City of Bozeman Contractor: Langlas & Associates
121 North Rouse Avenue 1019 East Main Street
Bozeman, Montana 59715 Bozeman, Montana 59715
The Work shall be completed in accordance with the following supplemental instructions issued in accordance with the
Contract Documents without change to the Contract Amount or Contract Time.
SUPPLEMENTAL INSTRUCTIONS:
Please refer to the attached sheets for locating floor boxes throughout Level 02. Added dimensions are indicated
in RED to the Centerline of the floor box.
ARCHITECTURAL MODIFICATIONS:
· Court Clerks (235)
o Please refer to RFI #130 for revised layout of Poke Thru Furniture (PTF) boxes at Court Clerks.
There should be (3) PTF boxes at Court Clerks as dimensioned on the attached sheets.
ELECTRICAL MODIFICATIONS:
· Court Clerks (235)
o Remove (6) Electrical Floor Boxes in Court Clerks (Rm. 235)
o In lieu of the (6) electrical floor boxes, please use (3) poke thru furniture (PTF) boxes at Court
Clerks (Rm. 235). Power and Data to be connected to the furniture system and routed to each
workstation. Please refer to RFI #130.
TECHNOLOGY MODIFICATIONS:
· Court Clerks (235)
o Please add (1) PTF box at Court Clerks 235. The number of data drops remains the same at each
workstation. Refer to RFI #130 for proposed routing of power and data to each “workstation
pod”.
ATTACHMENTS:
A-132a Power, Signal, Equipment Plan – Level 02 – Area A
A-132b Power, Signal, Equipment Plan – Level 02 – Area B
ThinkOne Maryanne St. Sauver 2/16/2021
ISSUED BY (CONSULTANT) AUTHORIZED AGENT DATE
By proceeding with the Work in accordance with these instructions, the Contractor acknowledges that there will be no
change to the Contract Amount or Contract Time.
ASI 039 FEBRUARY 16, 2021
198
DN
DN
72"AC
AC AC AC
72"AC AC 44"ACAC AC
72"AC AC
ACAC72"72"AC AC
AC
AC
AC
AC ACAC
AC
AC
ACACAC ACAC ACAC ACAC44"ACACACWP/WR72"72"72"72"72"ACAC
72"DD
D
D DD
DDDDDDDDDDDDDDDDDDDDD84"84"84"84"84"84"84"72"DACACDD
AC
UP
DN
B.1A.15A.14A.13A.12A.11A.10A.4A.3 A.9A.1
1.3
1.4
1.6
1.12
1.15
1.16
A.8A.7A.6A.5
1.9
1.17
1.13
1.11
1.8
1.10
1.14
1.7
1.5
FUTURE
COURTROOM
260
COURT CONF
260BHOTEL OFFICE
260A
COURT CONF
250A
COURT CONF
240B
COURTS
CLERKS
235
VEST
V-260
VEST
V-240
DN
COURT CONF
240A
OFFICE
217
OFFICE
219
OFFICE
221
OFFICE
223
OFFICE
215
OFFICE
205
OFFICE
203
BREAK ROOM
207
OFFICE
209
CORRIDOR
C-210
INTERVIEW
200C
KIDS PLAY
200B
CONFERENCE
202
OFFICE
211
RECEPTION
200
RR
RR-201
COURT ROOM
A
240
JURY
DELIBERATION
241
RR (SECURE)
RR-240
RR
RR-239
RR
RR-241
JUDGE'S
CHAMBERS
239
WOMEN'S RR
RR-246
RR
RR-230A
RR
RR-235A
JUDGE'S
CHAMBERS
247
BALIFF
243
SECURE
240C
OFFICE
201 WAITING
232
COURT ROOM
B
250
OFFICE
213 OFFICE
237
COURT CONF
250B
RR (SECURE)
RR-260
MEN'S RR
RR-266
JURY
DELIBERATION
249
RR
RR-247
RR
RR-249
AV
250D
STORAGE
260D
SECURE
260C
OFFICE
245
INTERVIEW
200A
SHELLED
SPACE
251
CORRIDOR
C-240
RR (FUTURE)
RR-251
RR
RR-253
11' - 6" 14' - 8" 18' - 0" 15' - 4" 19' - 4" 17' - 4" 18' - 0" 18' - 0" 12' - 0" 18' - 0" 18' - 0" 18' - 0" 18' - 0" 7' - 4"22' - 2"10' - 0"15' - 0"5' - 8"12' - 10"13' - 0"26' - 0"12' - 4"12' - 10"6' - 6"19' - 4"2' - 0"SAFE
242
VEST
V-250
STORAGE
250E
AV
260E
M
MMMMMMMAV
240D
IC
VA
IC
VA
R
RRR
RRRR
R240.1240BV-260.1V-240.1211
205 200BC-210217219221250AV-250.1215RR-235AS-206.2
240C.1C-270
260C.1243240C.2RR-260240C.3RR-240S-226.3RR-246RR-266260BC-200235241239RR-247
250.2260.1250E260D203
201
209
RR-239
RR-249
213
RR-241
245247249251RR-253
RR-251
RR-230ARR-201 200C237240.2250.1260.2207250D260E240D200A.3235.1 235.2 235.3 235.4
V-240.2V-250.2V-260.2S-206.1
230.1CC C C
C
C
C
CC
CC
C
C
C223
C C
ATT. CLERKS
230
CORRIDOR
C-220
ELEV. 2
EL-106
EQ-19
EQ-32
BREAK ROOM
251A
CORRIDOR
C-200
EQ-19
ELEV. 1
EL-102
STAIR 1
S-202
ELEV 4
EL-260
ELEV. 3
EL-240
STAIR 2
S-206
EQ-11
EQ-11
EQ-39
EQ-40
EQ-19
EQ-19
EQ-19
EQ-19
EQ-13
EQ-19 EQ-32
EQ-17
EQ-17
EQ-19
1.11.1
A.2
EQ-35
EQ-33
EQ-19
EQ-30B
EQ-30A
EQ-30B
EQ-30A
EQ-32
STOR
200D
EQ-39A
EQ-19
EQ-11
EQ-24
EQ-41
EQ-11A
EQ-11
EQ-24
EQ-11A
EQ-30B
EQ-30A
EQ-25
EQ-30B
EQ-30A
EQ-5
EQ-11
EQ-16
EQ-30A
EQ-30B
EQ-30AEQ-30B EQ-30AEQ-30B
EQ-40
EQ-11A
12' - 0"
11' - 11 1/2"
EQ-19
C200
200A.1 200A.2
200C
202
250B260AC C
240AC C
C C C C
C
C
RR-240.1
RR-260.1
EQ-5
EQ-5
EQ-5
920
240.3 250.3 260C.2CL5' - 0"CLCL2' - 3"4' - 4"2' - 3"4' - 5 1/4"
CL
3' - 9"3' - 5"CL 4' - 1"
CL
3' - 2"
CL
EQ EQ
CL
7 1/2"
CL
EQ EQ
CL
13' - 0"
CL 3' - 8"
CL
1' - 11 1/2"
842
CL
0' - 10"3' - 9"CL
4' - 7"CL10' - 4"CL
6' - 9"CL10' - 4"CL10' - 4"CL
6' - 9"CL12' - 6"12' - 6"0' - 8"CL
6' - 3"
4' - 11"13' - 7 1/2"2' - 4 1/2"4' - 4"0' - 10"2' - 4 1/2"0' - 10"4' - 4"
5' - 0 1/2"13' - 5 3/4"2' - 4 1/2"2' - 4 1/2"4' - 11"13' - 7 1/2"2' - 4 1/2"2' - 4 1/2"0' - 10"4' - 4"
ASI
39
GENERAL NOTES
1. ALL MECH. ELEC. PLUMB. AND TECHNOLOGY INFO SHOWN IS TO DETERMINE
DEVICE LOCATION AND POSITION.
2. RE: MEPT DRAWINGS FOR QUANTITIES AND ALL OTHER INFORMATION
REGARDING WALL, CEILING AND FLOOR MOUNTED DEVICES
3. REFER TO EQUPIMENT SCHEDULES ON A-505, A-506 AND A-507 FOR
PROCUREMENT AND INSTALLATION RESPONSIBILTY (I.E. OFOI vs OFCI vs CFCI)
ANY DISCRAPANCIES TO BE BROUGHT TO ARCHITECTS ATTENTION PRIOR TO
PROCUREMENT AND INSTALLATION
WORK NOTES DEVICE MOUNTING HEIGHT DETAILEQUIPMENT TAGS (RE: A-505, A-506, A-507 FOR FULL EQUIPMENT SCHEDULE)SECURITY / ELECTRICAL EQUIPMENT
40"IU
IC
VA
IC
M
PA
S
ADA PUSH BUTTON
CAMERA (WALL MOUNTED)
CAMERA (PTZ)
CARD READER
FIRE ALARM PULL
IC
CAM
DATA/TEL/POWER (FLOOR BOX)
IN USE LIGHT
INTERCOM W/ CAMERA
INTERCOM (VOICE ACTIVATED)
INTERCOM SWITCH
MICROPHONE
PA SPEAKER
SPEAKER
R
M
C
T
R
TC
LUMINAIRE, WALL MOUNTED
LUMINAIRE, WALL
MOUNTED LINEAR
LIGHT SWITCH
CONTROLLED ACCESS,
MONITOR ACTIVATED
CONTROLLED ACCESS,
CARD ACTIVATED
CO2 SENSOR, RE: MECH
THERMOSTAT, RE: MECH
RECORDING DEVICE
TELECOM / DATA DEVICE (I.E. WALL
PHONE, DATA FURN. FEED, EMERG.
PHONE, DATA OUTLET, RE: TECH
REQUEST BUTTON, RE: TECH
REMOTE ACCESS,
MONITOR ACTIVATED
R
FIRE ALARM STROBE
8"BOT FIRE STROBE80"OUTLET18" UON SWITCHES ETC.TYP 44" UONB.O. SANITIZER44"CLDEVICES AT DOORS
(ROOM SIDE)
DEVICES AT DOORS
(CORRIDOR SIDE)
4"FIRE STROBE80"OUTLET18"6"
4"ROOM ID SIGN60" T.O.CARD READER44"SANITIZER44" B.O.T
TOP OF DEVICE7' - 2"C
CL
WILLIAM A.
HANSON
1898
FOETATS MONT
A
NAEMANZOB
TA N ANOM
A R C H IT ECTDESNECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
2/16/2021 10:16:00 AMA-132a
POWER, SIGNAL, EQUIPMENT PLAN -
LEVEL 02 - AREA A
1825
DJ
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
4'16'2' 8'
1/8" = 1'-0"
FLOOR PLAN - LEVEL 02 - AREA A
842 COUNTERTOP COILING DOOR
MASTER CONTROLS
920 PROVIDE WALL FURR OUT (INTERIOR
SIDE OF ROOM) TO ALLOW FOR 8"
RECESS FOR DISPLAY
EQ-33 MICROWAVE
EQ-35 REFRIGERATOR, UNDERCOUNTER
EQ-39 REFRIGERATOR, FRENCH DOORS
EQ-39A REFRIGERATOR, FULL SIZE BUT SMALLER
EQ-40 SAFE
EQ-41 LARGE RECYCLE BINS & SHREDDER
EQ-5 RECESSED FIRE EXTINGUISHER CABINET
(FULLY RECESS AT 6" STUD OR GREATER
AND SEMI-RECESSED AT 3 5/8" STUD)
EQ-11 COPY/ PRINTER
EQ-11A COPY/ PRINTER, TABLE TOP
EQ-13 DISHWASHER
EQ-16 WATER COOLER
EQ-17 COFFEE MAKER
EQ-19 FLATSCREEN DISPLAY, 65" UON
EQ-24 HD FILES
EQ-25 KIOSK
EQ-30A UNDERCOUNTER TRASH BIN
EQ-30B UNDERCOUNTER RECYCLE BIN
EQ-32 MARKER BOARD
TRUE NORTH
ASI 039 FEBRUARY 16, 2021
199
FD
FD
FD
FD
DN
72"ACAC AC44"ACACACACACACAC AC
AC
AC
AC
AC
ACWP/WRAC
D
AC
ACACC.1
B.3
B.2
B.1
2.14 2.12 2.10
A.15
1.2
1.17 1.13 1.11 1.81.101.14 1.5
COURT CONF
260B
ADA SHOWER
280C
ADA SHOWER
280B
SHOWER
280F
SHOWER
280E
LOUNGE
291
STORAGE
294A
DATA CENTER
270
ELECT.
271
LOCKER
ROOM
280
RR (SECURE)
RR-260
C.R.
280G
MEN'S RR
RR-266
SECURE
260C
CUSTODIAL
273
ADA SHOWER
280A
IT
272
C.R.
280H
C.R.
280I
C.R.
280J
IT OFFICE
274
RR
RR-292
ADA-RR
RR-290
131' - 4"39' - 0"32' - 4"7' - 4" 25' - 4"46' - 0"3' - 8"SHOWER
280D
C
294A
C-270271
260C.1
RR-260 S-226.3RR-266 C-200280.1273
270272276RR-290
RR-292
260.2 274280.2 294
280A
280B
280C
280D
280E
280F
280G
280H
280I
280J
291C
AREA A
AREA B
AREA B
AREA C
C
C
C C BREAK ROOM276CORRIDOR
C-290
CORRIDOR
C-270
CORRIDOR
C-200
CORRIDOR
C-240
BREAK ROOM
251A
C
ELEV 4
EL-260
STAIR 3
S-226
STAIR 4
S-251
EQ-90EQ-90
EQ-26
EQ-14
TYP
EQ-14
TYP
EQ-14TYP
EQ-42
EQ-42
EQ-36
EQ-36
BUNK ROOM
270A
EQ-39A
TRAINING
ROOM
294
C
EQ-5
ABOVE
ABOVE
270A270A.1
260C.2
C
CL
17' - 6"CLCL13' - 2"13' - 6"8' - 6"GENERAL NOTES
1. ALL MECH. ELEC. PLUMB. AND TECHNOLOGY INFO SHOWN IS TO DETERMINE
DEVICE LOCATION AND POSITION.
2. RE: MEPT DRAWINGS FOR QUANTITIES AND ALL OTHER INFORMATION
REGARDING WALL, CEILING AND FLOOR MOUNTED DEVICES
3. REFER TO EQUPIMENT SCHEDULES ON A-505, A-506 AND A-507 FOR
PROCUREMENT AND INSTALLATION RESPONSIBILTY (I.E. OFOI vs OFCI vs CFCI)
ANY DISCRAPANCIES TO BE BROUGHT TO ARCHITECTS ATTENTION PRIOR TO
PROCUREMENT AND INSTALLATION
WORK NOTES DEVICE MOUNTING HEIGHT DETAILEQUIPMENT TAGS (RE: A-505, A-506, A-507 FOR FULL EQUIPMENT SCHEDULE)SECURITY / ELECTRICAL EQUIPMENT
40"IU
IC
VA
IC
M
PA
S
ADA PUSH BUTTON
CAMERA (WALL MOUNTED)
CAMERA (PTZ)
CARD READER
FIRE ALARM PULL
IC
CAM
DATA/TEL/POWER (FLOOR BOX)
IN USE LIGHT
INTERCOM W/ CAMERA
INTERCOM (VOICE ACTIVATED)
INTERCOM SWITCH
MICROPHONE
PA SPEAKER
SPEAKER
R
M
C
T
R
TC
LUMINAIRE, WALL MOUNTED
LUMINAIRE, WALL
MOUNTED LINEAR
LIGHT SWITCH
CONTROLLED ACCESS,
MONITOR ACTIVATED
CONTROLLED ACCESS,
CARD ACTIVATED
CO2 SENSOR, RE: MECH
THERMOSTAT, RE: MECH
RECORDING DEVICE
TELECOM / DATA DEVICE (I.E. WALL
PHONE, DATA FURN. FEED, EMERG.
PHONE, DATA OUTLET, RE: TECH
REQUEST BUTTON, RE: TECH
REMOTE ACCESS,
MONITOR ACTIVATED
R
FIRE ALARM STROBE
WILLIAM A.
HANSON
1898
FOETATS MONT
A
NAEMANZOB
TA N ANOM
A R C H IT ECTDESNECIL Project Number:
Drawn By:
Reviewed By:
Approved By:
Issue Date
ThinkOne Architects
101 E Main St. Studio 1
Bozeman, MT, 59715
T: 406-586-7020
Architect MEP EngineerAssociate Architect
Landscape Architect
Information Technology
Civil Engineer
Seal
Project Number
Acoustical Engineer
TCA Architecture + Planning
6211 Roosevelt Way Ne
Seattle, WA 58115
T: 206-522-3830
Associated Construction Engineering Inc.
12 N Broadway
Belgrade, MT, 59714
T: 406-388-3320
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
Design 5 Landscape Architecture
37 E Main St
Bozeman, MT, 59715
T: 406-587-4873
BCER Engineering
10807 New Allegiance Dr., Suite 400
Colorado Springs, CO 80921
T: 719-533-1112
Big Sky Acoustics
PO BOX 27
Helena, MT 59624
T: 406-457-0407
Langlas & Associates, Inc.
1019 E Main Street, Suite 101
Bozeman, MT 59715
T: 406-585-3420
General Contractor
City of Bozeman
121 N Rouse Ave.
Bozeman, MT 59715
T: 406-582-2300
F: 406-582-2301
901 N. ROUSE AVE. & 300 E. OAK ST.,
BOZEMAN MT
AndersonMasonDale Architects, P.C.
3198 Speer Boulevard
Denver, CO 80211
T: 303-294-9448
Associate Architect Structural Engineer
Morrison-Maierle, Inc.
2880 Technology Blvd.
Bozeman, MT 59715
T: 406-587-0721
ISSUE FOR CONSTRUCTION AUGUST 14, 2020
ISSUE FOR BID JUNE 04, 2020
ADDENDUM 01 JULY 01, 2020
ADDENDUM 03 JULY 07, 2020
ADDENDUM 04 JULY 27, 2020
ADDENDUM 05 AUGUST 7, 2020
ASI 016 OCTOBER 9, 2020
2/16/2021 10:16:04 AMA-132b
POWER, SIGNAL, EQUIPMENT PLAN -
LEVEL 02 - AREA B
1825
DJ
SH
JT
BOZEMAN PUBLIC
SAFETY CENTER
1825
CITY OF BOZEMAN
4' 16'2' 8'
1/8" = 1'-0"
POWER AND SIGNAL PLAN - LEVEL 02 - AREA B
EQ-42 PROJECTOR, CEILING MOUNTED
EQ-90 PERSONAL LOCKER STORAGE
EQ-5 RECESSED FIRE EXTINGUISHER
CABINET (FULLY RECESS AT 6"
STUD OR GREATER AND
SEMI-RECESSED AT 3 5/8" STUD)
EQ-14 LOCKER / CHANGING ROOM
BENCHES
EQ-26 2-TIER PERSONAL LOCKER
STORAGE
EQ-36 PROJECTION SCREEN, CEILING
MOUNTED
EQ-39A REFRIGERATOR, FULL SIZE BUT
SMALLER
ASI 039 FEBRUARY 16, 2021
200
Memorandum
REPORT TO:City Commission
FROM:Chief Josh Waldo
SUBJECT:Ratify Emergency Order Closing all Burning in the City Limits issued by
Bozeman Fire Chief Waldo
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to ratify the Emergency Order issued by Bozeman Fire Chief Josh
Waldo, Closing all burning in the City Limits for a period of 90 days.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Due to the high temperatures, dry fuels, drought conditions and restrictions
in place, and the limited regional resources in the event of a large scale fire,
current conditions in Bozeman make all fires hazardous. The Bozeman Fire
Chief acted on his authority on Wednesday July 21, 2021, to issue a City wide
burn ban, closing all burning in the City.
The County Commission issued an Emergency Ordinance on July 20, 2021
issuing a county wide burn ban.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Not ratify Emergency Order.
FISCAL EFFECTS:None.
Attachments:
2021 COB Burn Ban.pdf
Report compiled on: July 21, 2021
201
202
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:1919 Bridger Drive Annexation and Zone Map Amendment for the
Establishment of a Zoning Designation of R-2 for a property Addressed at
1919 Bridger Drive, Application 21123
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Annexation Motion
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the
1919 Bridger Drive Annexation with recommended terms of annexation, and
direct staff to prepare an annexation agreement for signature by the parties.
Zoning Motion
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the
1919 Bridger Drive Zone Map Amendment, with contingencies required to
complete the application processing.
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 item was continued from July 20, 2021 by unanimous vote of the City
Commission.
The applicant, Matt & Morgan Hausauer, seeks to annex three parcels
totaling roughly 0.5557 acres into the City limits and establish initial zoning
of R-2, Residential Moderate Density. The property is currently zoned
“Residential Suburban” within the county. Nearby municipal zoning includes
Residential Single-Household Low Density (R-1) to the north and Residential
Suburban (R-S) to the south. Land to the east and west is unincorporated
and zoned “Residential Suburban” within the county. The future land use
map in the Bozeman Community Plan designates the property as “Urban
Residential” which the R-2 district serves to implement. The adjacent road
203
rights-of-way was annexed with previous annexations. There is an existing
home on the parcel.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended
contingencies;
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.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
A1_DevelopmentReviewApplication_03-10-2021.pdf
21123 1919 Bridger Drive Annex ZMA CC SR.docx
Annexation Map_03-10-2021.pdf
ZMA Map_04-22-2021.pdf
RC Narrative_04-22-2021.pdf
N1_Adjoiners List_03-10-21.pdf
06-28-21 Public Comment - R. Watson - 1919 Bridger Drive
Annexation.pdf
Report compiled on: July 8, 2021
204
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
Legal Description:
Description of Project:
Current Zoning:
Gross Lot Area:
Block Frontage(s):
Number of Buildings:
Type and Number of Dwellings:
Building Size(s):
Building Height(s):
Number of Parking Spaces:
Affordable Housing (Y/N):
Cash-in-lieu Parkland (Y/N):
Departure/Deviation Request (Y/N):
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
Development Review Application Page 1 of 3 Revision Date: June 2020
SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban Renewal District: Downtown North 7th Avenue Northeast North Park None
VICINITY MAP
205
DEVELOPMENT REVIEW APPLICATION
REPRESENTATIVE
Name:
Full Address:
Email:
Phone:
APPLICANT
Name:
Full Address:
Email:
Phone:
PROPERTY OWNER
Name:
Full Address:
Email:
Phone:
CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be
assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site
during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the
approved final plan may result in delays of occupancy or costs to correct noncompliance.
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Representative Signature:
Printed Name:
Development Review Application Page 2 of 3 Revision Date: June 2020 206
APPLICATION FEE
Varies by project type
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Development Review Application Page 3 of 3 Revision Date: June 2020
REQUIRED FORMS
Varies by project type
DEVELOPMENT REVIEW APPLICATION
Check all that apply FORM
1. Administrative Interpretation Appeal AIA
2. Administrative Project Decision Appeal APA
3. Annexation and Initial Zoning ANNX
4. Commercial/Nonresidential COA CCOA
5. Comprehensive Sign Plan CSP
6. Condominium Review CR
7. Conditional Use Permit CUP
8. Extension to Approved Plan EXT
9. Growth Policy Amendment GPA
10. Informal Review INF
11. Master Site Plan MSP
12. Modification/Plan Amendment MOD
13. Neighborhood/Residential COA NCOA
14. Pre-application Consultation None
15. PUD Concept Plan PUDC
FORM
16. PUD Preliminary Plan PUDP
17. PUD Final Plan PUDFP
18. Reasonable Accommodation RA
19. Site Plan SP
20. Special Use Permit SUP
21. Special Temporary Use Permit STUP
22. Subdivision Exemption SE
23. Subdivision Pre-Application PA
24. Subdivision Preliminary Plan PP
25. Subdivision Final Plat FP
26. Wetland Review WR
27. Zone Map Amendment ZMA
28. Zone Text Amendment ZTA
29. Zoning/Subdivision Variance Z/SVAR
30. Zoning Deviation/Departure None
31. Other:
APPLICATION TYPE
207
CVA
Page 1 of 2 4-8-20
Development Review Application COVID-19 Acknowledgment of Application Processing Delays On March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19. The City of Bozeman issued a COVID-19 emergency declaration on March 16, 2020. The City subsequently issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in relevant parts, “In accordance with the Emergency Declaration, public meeting agendas will be limited to only essential matters. . . .” It describes notice requirements, the use of videoconferencing or telephonic technology to hold remote hearings, and providing the public an opportunity to participate remotely. A copy of Order ED-05 is attached to this form. On March 27, 2020 the Attorney General of the State of Montana issued a letter of guidance to local governments recommending public meetings be held only for essential business, and those public meetings be held remotely. Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the City to complete the review and finally approve certain development review applications.
Acknowledgment and signatures
This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted and processed.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code the City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager. I acknowledge that the City may be delayed in the processing of my application and may not be able to complete the application review within standard time limits due to the constraints present under the emergency orders. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Certification of Acknowledgment – I understand that there may be delays in the processing of my application and that it may reach a point in processing where it may not proceed to final approval and that I will not hold the City responsible for any delays presented under the emergency order.
Applicant Signature:
Printed Name:
Owner Signature:
208
Page 2 of 2 4-8-20
Printed Name:
Owner Signature
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures.
209
Page 1 of 34
21123 Staff Report for the 1919 Bridger Drive Annexation & ZMA
Public Hearings: Zoning Commission (map amendment only) June 28, 2021
City Commission (Annexation and map amendment) July 20, 2021
Project Description: Annexation of 0.5557 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-2.
Project Location:1919 Bridger Drive and more accurately described as Lots 34, 35, and 36,
Ed Vogel Subdivision No. 1, Located in the Southeast One-Quarter (SE ¼) of Section
32, Township One South (T1S), Range Six East (R6E), P.M.M., Gallatin County, MT.
The annexation and zone map amendment would also apply to the streets adjacent to
the property.
Recommendation: Meets standards for approval with contingencies.
Recommended Annexation Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 21123 and move to approve
the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct
staff to prepare an annexation agreement for signature by the parties.
Recommended Zoning Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to approve the 1919
Bridger Drive Zone Map Amendment, with contingencies required to complete the
application processing.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 21123 and move to recommend approval
of the 1919 Bridger Drive Zone Map Amendment, with contingencies required to
complete the application processing.
Report:July 8, 2021
Staff Contact:Tom Rogers, Senior Planner
Lance Lehigh, Engineer III
Agenda Item Type:Action –Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
Project Summary
The applicant, Matt & Morgan Hausauer, seeks to annex three parcels totaling roughly 0.5557
acres into the City limits and establish initial zoning of R-2, Residential Moderate Density.
The property is currently zoned “Residential Suburban” within the county. Nearby municipal
zoning includes Residential Single-Household Low Density (R-1) to the north and Residential
Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned
“Residential Suburban” within the county. The future land use map in the Bozeman
Community Plan designates the property as “Urban Residential” which the R-2 district serves
to implement. The adjacent road rights-of-way was annexed with previous annexations. There
is an existing home on the parcel.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
Zoning Commission
The Zoning Commission held a public hearing on June 28, 2021. After consideration of the
application materials, Staff report, and public comment the motion to recommend approval of
the ZMA on a vote of 4:0.
The video recording of the public hearing is available at
https://bozeman.granicus.com/player/clip/109?view_id=1&redirect=true
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Discussion of this item begins at 0:15:35 in the recording. Written public comments are
available at the link below.
Staff Presentation begins at 0:20:35
Applicant presentation 0:42:45
Public comment 0:50:40
Board discussion 1:04:25
Zoning Commission Summary
The Commission discussed a variety of issues related to the application including why the
requested R-2 zoning designation is support by staff while the previous application in the area
was zoned R-1. The Commission determined the revised and adopted Bozeman Community
Plan 2020 generally evolved the perception of the future land use category that applies to this
area and the reclassification from Residential to Urban Neighborhood.
Secondly, the Commission discussed the half street/alley bounding these properties with the
Legends Subdivision to the north. Needed ROW is secured through the annexation process. In
this case an additional 30’ feet is required. The City generally takes a long term approach to
continue providing for needed infrastructure to support the development of the City. Over time,
as individual property owners chose to annex into the City the remaining ROW will gradually
be added for the street. In the interim, the expected development on these properties is limited
and likely will not cause capacity or safety concerns.
Two public comments were made. The commenters were supportive of the application but
questioned if the property had access to the half street/alley to the north, if the City
compensated property owners for required right-of-way easement or dedication, and stated that
capacity of the existing street is limited when cars and trailers are parked.
In conclusion the Commission voted to recommend approval of the R-2 zoning designation to
the City Commission.
City Commission Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues............................................................................................................... 2
Project Summary................................................................................................................. 2
Zoning Commission............................................................................................................ 2
Zoning Commission Alternatives......................................Error! Bookmark not defined.
SECTION 1 - MAP SERIES.................................................................................................... 5
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 3 – ADVISORY COMMENTS ............................................................................ 11
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
Annexation........................................................................................................................ 12
Zone Map Amendment..................................................................................................... 12
SECTION 5 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 20
Spot Zoning Criteria ......................................................................................................... 29
PROTEST NOTICE FOR ZONING AMENDMENTS......................................................... 31
APPENDIX A - NOTICING AND PUBLIC COMMENT.................................................... 31
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF............................ 34
FISCAL EFFECTS................................................................................................................. 34
ATTACHMENTS................................................................................................................... 34
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Page 5 of 34
SECTION 1 - MAP SERIES
Project Vicinity Map (2018 air photo)
214
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Project Vicinity Map (2018 air photo)
215
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 7 of 34
Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as
Urban Residential
Urban
ResidentialCommunity
Commercial
Mixed-Use
Parks and
Open
Lands
Residential
Mixed-Use
No City
Services
Urban
Residential
216
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 8 of 34
Project Vicinity Map Showing Near Vicinity Municipal Zoning
B-2
R-1
M-1
R-S
Not
annexed
Not
annexed
Not
annexed
R-S
R-3
R-4
B-2
217
Page 9 of 34
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “1919 Bridger Drive Annexation”.
2. An Annexation Map, titled “1919 Bridger Drive Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or
street access easements must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18"
by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s
Office. This map must be acceptable to the Director of Public Works and City
Engineer’s Office, and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall be
null and void.
4. The land owners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any
permit listed therein.
5.City of Bozeman Resolution 5076, Policy 1 – Bridger Drive is classified as a Principal
Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-
of-way ROW width of (110) feet. Currently, only ninety (90 feet) of ROW exists along
the property frontage. An additional 10 feet of ROW must be provided along the
property frontage prior to the adoption of Resolution of Annexation. The ROW must be
executed using the City’s standard language. The applicant should contact the City
Engineering Department to receive a copy the standard language.
6. If one does not already exist, a ten foot private utility easement must be provided along
the property’s Bridger Drive frontage as well as along the future local street located at
the back of the property prior to the adoption of Resolution of Annexation. The executed
easement must be delivered to the City Engineering Department. The easement must
be executed on the City’s standard easement form. A copy of the standard easement
form may be obtained from the City Engineering Department.
7. Thirty feet (30 feet) of right-of-way (ROW) must be provided along the rear of the
property prior to the adoption of Resolution of Annexation to allow the future connection
of a local street. The right-of-way must be executed using the City’s standard language.
The applicant should contact the City Engineering Department to receive a copy the
standard language.
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8. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Bridger Drive from Story Mill to Boylan Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
a. Intersection improvements to Bridger Drive and Story Mill including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements to Bridger Drive and Boylan Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The applicant may obtain a copy of the template SID waiver from the City Engineering
Department. The document filed must specify that in the event an SID is not utilized for
the completion of these improvements, the applicant agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof. The applicant must provide
a copy of the SID waiver filed with the County Clerk and Recorder prior to the adoption
of Resolution of Annexation.
9. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
10. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent (John Alston) for inspection,
and the applicant must report the abandonment to the Gallatin City County Health
Department. In addition to abandonment of the septic tank and leach field, the applicant
must demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
11. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross contamination.
The applicant must contact the City Water and Sewer Superintendent to inspect the
disconnection prior to connection of water service from the house to the City water system.
12. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain
an analysis of cash-in-lieu of water rights for the proposed annexation. The determined
amount must be paid prior to annexation.
13. A utility easement must be provided for the power line running east to west through
the center of the property with the annexation, if one does not already exists. The
applicant must contact Northwestern Energy to obtain details on the required
easement.
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SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If
the Annexation Agreement is not approved, the Zone Map Amendment application is null
and void.
2. All documents and exhibits necessary to establish an initial municipal zoning designation
must be identified as the “1919 Bridger Drive Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “1919 Bridger Drive Zone Map
Amendment.” The map must be supplied as a PDF. This map must be acceptable to the
City Engineer's Office and must be submitted within 60 days of the action to approve the
zone map amendment. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way or street easements, and
total acreage of the property to be rezoned; unless the property to be rezoned can be entirely
described by reference to existing platted properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 – ADVISORY COMMENTS
1. The significant distance between the existing home and the available sewer mains and
available elevation drop may require a private pump system to be installed. The City does
not maintain or operate private pump systems, the owner of the property will be responsible
for any system.
2. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
3. Upon future development of the parcel, the transfer of water rights or the payment of cash-
in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the amendment. The DRC identified
infrastructure deficiencies that must be addressed with terms of annexation. The City
Commission will address these issues during their public hearing. The Applicant has been
informed what considerations need attention.
The City Commission will hold a public meeting on the annexation on July 20, 2021. The
meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The 1919 Bridger Drive Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 21123.
The Development Review Committee (DRC) considered the amendment. The DRC identified
did not identify any infrastructure or regulatory constraints that would impede the approval of
the Zone Map Amendment application.
The Zoning Commission will hold a public hearing on this ZMA on June 28, 2021 and will
forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment onJuly 20, 2021.
The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
In evaluating compliance with the following Goals and Policies, Staff considers the application
materials, Terms of Annexation, and adopted standards of the City to determine whether the
Goal or Policy can be met.
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
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The property in question is contiguous to the City limits. The property is bounded on the
north and south sides by City limits and County zoned property to the east and west.
However, the property is a part of a number of properties which are wholly surrounded
inholding.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is not wholly surrounded.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is not currently contracting for services.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
The subject property lies within the planned service area of the municipal water and sewer
services. Existing sewer and systems are installed. As noted above, the area in question is an
inholding with nearby properties currently being served by full City services included
emergency services, and streets.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
As shown in Section 1, the subject property is planned as Urban Neighborhood and is within
the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the
report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is within a number of inholdings wholly surrounded by City Limits. A
nearby property within the same subdivision was annexed by the City in 2018 at the property
owner’s request, see application 18143. The annexation of the subject property would further
this goal.
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
The subject property will provide additional right of way for Bridger Drive and the unnamed
road to the north, see Term of Annexation 5 and 7. No addition internal street network is
required to serve the property.
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Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
The subject property is 0.5557 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
After annexation, the subject property will be bound to the provisions of 38.410.130
which require evaluation of water adequacy and provision of water if needed at time of
development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Term of Annexation 12. The landowner will consent
to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
The subject property is located within the City’s planned water and sewer service area. See
Goal 4 above. The applicant proposes zoning for future development of homes. There is an
existing home on the property which uses an onsite well and septic system. The annexation
terms include requirements for future abandonment of the septic system and connection to
the municipal sewer system. Any new construction must connect with initial construction to
the municipal system.
Terms of Annexation 9 - 11 address the termination of the existing on-site septic system.
Exact timing will depend on the sequencing of future development. The City’s water and
sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 9,
the Annexation Agreement required to finalize the requested annexation will require the
applicant to design extensions of services to meet the City’s adopted infrastructure standards.
These include provisions for minimum water pressure and volumes, adequate sewer flows by
volume, gravity flow of sewers, and other standards necessary to protect public health and
safety and ensure functional utilities.
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Existing Sewer Service Map
Existing Water Service Map
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Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
The recommended Terms of Annexation include requirements for provision of right of way
for Bridger Drive, an arterial street, and the unnamed street to the north. See Terms of
Annexation 5 and 7. Dedicated Streets or public street and utility easements provide locations
for municipal water and sewer mains. Waivers of right to protest special improvement districts
are included in Term of Annexation 8 for streets affected by the future development of the
property.
Any additional easements and rights of way will be provided within the property with future
development of the property as required by municipal standards. Exact locations will be
determined by further technical analysis and site design.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
The subject property is planned for Urban Neighborhood. No change to the growth policy is
required. The application includes a request for initial zoning of R-2. See the zone map
amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
The property is designated “Urban Neighborhood” on the future land use map. No growth
policy amendment is required. See discussion under zone map amendment Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be
determined by the City Commission, in compliance with the Bozeman Growth Policy
and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
The property proposed for annexation requests a zoning designation of R-2. See the zone map
amendment section of this report for review of the zoning criteria. The Zoning Commission
held a public hearing on June 28, 2021. A motion recommending approval of the requested R-
2 zoning was passed unanimously. See the discussion under Section in the Executive
Summary.
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Note: The annexation and the placement of a zoning district designation on the property by the
City does not guarantee available services or approval of a specific development. Section
38.300.020.C of the Unified Development Code states: “Placement of any given zoning district
on an area depicted on the zoning map indicates a judgment on the part of the city that the
range of uses allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate review
procedure and compliance with all of the applicable requirements and development standards
of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the cost
of extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
The applicant has requested R-2, the Residential Moderate Density District. See Section 6 of
this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Yes. The property proposed for annexation is accessed from Bridger Drive to the south,
a principal arterial, which is paved to the edge of the subject property.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights
thereof, in an amount to be determined by the Director of Public Works, as outlined by Section
38.410.130 of the municipal code. The calculated amount will be determined by the Director
of Public Works and based on the zoning designation approved by the City Commission. This
will be addressed with the annexation agreement.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
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provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Yes. City infrastructure and emergency services are available to the subject property. An
eight-inch water main is located in the alley north of the property – approximately 250
feet from the existing structure. An eight-inch sewer main is also located in the alley
north of the property. The property is located adjacent to residential development that
is currently served by Bozeman Fire.
Recommended Term of Annexation #9 includes the provision that the applicant will be
responsible for installing facilities required to provide full municipal services to the
property in accordance with city policy at the time of connection.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
The property is not currently provided City services. No emergency connection is requested.
City services will be required to be provided concurrent with future development. Terms of
Annexation 9 - 12 address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and
bounds legal description of said property. Mapping requirements are addressed in
Recommended Term of Annexation # 2.
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Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This annexation does not require immediate payment of fees. The annexation agreement will
provide notice of obligations to pay impact fees at times as required in ordinance. See Term
of Annexation #4.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle,
and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This policy will be implemented only if the Commission acts to grant preliminary approval.
If the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies were notified and provided copies of the annexation on May 13,
2021.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
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from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
There is one home on the property which has on-site well and septic system and will be
required to severe thee use of the on-sight systems and connect to City water and sewer service.
Aterm of annexation requires connection to municipal water and sewer implements this policy.
In conjunction with future connection the septic system must be properly abandoned and the
well disconnected from the domestic supply. Terms of Annexation 8-10 address these issues.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff
considers the entire body of regulations for land development. Standards which prevent or
mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The application was initially submitted on October 16, 2021. Additional information was
requested from the applicant to complete required submittal requirements and detail proposed
infrastructure connections. Information was submitted on December 7, 2021.
The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments
and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally.
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Application of the criteria varies depending on whether an amendment is for the zoning map
or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance
with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application has been within in the anticipated growth area of the City. As
shown on the maps in Section 1, on the excerpt of the current future land use map, the property
is designated as Urban Residential. The Urban Residential designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations,
churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-2 district is an implementing district of the Urban Residential
category.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
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goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. It is
inconsistent with this approach to zone at annexation for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify any
individual district but does lean towards the more intensive portion of the zoning district
spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “The proposed zoning is consistent with the recently adopted growth policy plan. The
future land use map from the growth policy designates this property as Urban Neighborhood.
The Urban Neighborhood designation supports the R-2 zoning proposed with this application.
The proposed zoning meets several of the goals and policies identified in the growth policy
plan including:
• Basic Planning Precepts – Principles Applied in this [Growth Policy] Plan -“Infill
development and redevelopment should be prioritized.” The proposed application represents
an infill development as it is surrounded by City limits/developments.
• Goals, Objectives, and Actions – DCD-1.5. “Identify underutilized sites, vacant, and
undeveloped sites for possible development or redevelopment.” The property currently has one
dwelling unit on over 0.5 acres of land which is well below the residential density objectives
identified throughout the Plan.
• Page 13 – “Municipal development enables use of highly effective centralized water and
sewer systems. Such centralized systems are more protective of water quality both at the
surface and underground.” The proposed annexation and zoning will abandon the existing on-
site septic and water systems by connecting to the existing municipal water and sanitary sewer
system.”
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested R-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
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The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Although limited infrastructure is currently installed near the subject property
this action is the first step in correcting this deficiency.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed, for all intent and purpose, wholly surrounded by the City boundary and eliminates
one of a number of isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property, for all intent and purpose, is wholly surrounded by the City. The property is
seeking annexation and municipal zoning for the purpose of maintaining and possibly
expanding the use and intensity of the site. The application is in accordance with the growth
policy.
B. Secure safety from fire and other dangers.
Yes. The existing building is constructed of unknown quality, fire, and safety measures. Any
renovations, expansions, or removal and replacement must meet the development standards of
the City and, in some cases, might require retrofitting to ensure the building is safe for
occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach
of the Fire Department. Fire protection water supply will be provided by the City of Bozeman
water system. The property is not within any delineated floodplain. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance. The initial zoning of R-2 is not likely to adversely impact safety from fire and
other dangers. The property will be required to conform to all City of Bozeman public safety,
building and land use requirements. The City provides emergency services to adjacent
properties and there will be no difficulty extending service to this parcel.
C.Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by implementing the
future land use map in the Bozeman Community Plan. Public health and safety will be
positively affected as the proposed annexation will allow the existing structure to connect to
the City sewer system, thereby removing a septic system and lessening resulting groundwater
discharge.
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As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and
full connection to the greater transportation network for users ensuring the promotion of public
health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
D.Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily by
the City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and
flow requirements, require dedication of parks, provision of right of way for people
and vehicles, keep development out of floodplains, and other items to address
public safety, etc. It is often difficult to assess these issues in detail on a specific
site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts are
experienced. The availability of other planning and development review tools must
be considered when deciding the degree of assurance needed to apply an initial
zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to consider
existing conditions and identify enhancements needed to provide additional service needed by
new development. The City implements these plans through its capital improvements program
that identifies individual projects, project construction scheduling, and financing of
construction. Private development must demonstrate compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. As stated in 38.300.020.C, the designation of a
zoning district does not guarantee approval of new development until the City verifies the
availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of
uses and intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
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38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses allowed
within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review
procedure and compliance with all of the applicable requirements and development
standards of this chapter and other applicable policies, laws and ordinances. It is also
not a guarantee of immediate infrastructure availability or a commitment on the part
of the city to bear the cost of extending services.”
The development of public infrastructure improvements to serve the property will be required
to conform to the City of Bozeman’s adopted standards which require properties to construct
public infrastructure and/or pay impact fees, assessments, and taxes to support transportation,
water, sewer, school, parks, and other public requirements. City water and sewer lines are
located adjacent to the property to the north (approximately 250-feet from the existing
structure) and the terms of annexation require the applicant to connect to municipal services
and install any facilities required to provide full municipal services to the property. The
property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is
located across Bridger Drive. Park dedication is not required as there is an existing residence
on the property. Any future development of the property will be evaluated for additional
required improvements during the plan review process.
E.Reasonable provision of adequate light and air.
Yes. The R-2 zoning designation has requirements for setbacks, height, and lot coverage,
which provide for the reasonable provision of adequate light and air. Any future development
of the property will be required to conform to City standards for setbacks, height, lot coverage,
and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F.The effect on motorized and non-motorized transportation systems.
Neutral. The proposed R-2 zoning designation will have a neutral effect on the City’s
motorized and non-motorized transportation systems as the property is occupied by an existing
residence. As a result, the impact to the motorized and non-motorized transportation systems
is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of-
way along the rear (north) of the property to allow the future connection of a local street. In
the event this local street is built, it would have a positive effect on the motorized and non-
motorized transportation systems as it would increase street connectivity adjacent to the
Legends subdivision and result in the addition of a sidewalk. Further, the small size of the
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property and the lower-intensity zoning proposed will not create a measurable effect on
transportation systems
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will
provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and the
compliance of future development with adopted standards will offset impacts from
development.
G.Promotion of compatible urban growth.
Yes. Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMCto establish
a common reference for consideration of this criterion and application of development
standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures which
is in harmony with adjoining development, existing neighborhoods, and the goals and
objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its discernible
outward effects exist in harmony with an adjoining land use of differing character. Effects
often measured to determine compatibility include, but are not limited to, noise, odor, light
and the presence of physical hazards such as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
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The proposed R-2 district is a predominantly residential district. The allowed uses for
residential districts are set in section 38.310.030. The proposed zoning is similar in intensity
and character as neighboring properties. The proposed amendment is associated with an
annexation creating continuity between the existing and surrounding uses. Staff concludes R-
2 zone is compatible and is urban growth as called for in the growth policy. See also discussion
for Criteria A & H.
H.Character of the district.
Yes. The proposed R-2 zoning promotes the character of the district as the intent of the
Residential Moderate Density district is to “… provide for one- and two-household residential
development at urban densities within the city in areas that present few or no development constraints.”
Surrounding properties are low-density single-household residential. Adjacent properties in
the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent
properties in Gallatin County, to the east and west, are zoned Residential Suburban. The
proposed R-2 zoning designation is consistent with the character of the neighborhood as well
as existing development on the property.
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in this new area
of the R-2 district to be compatible with adjacent development and uphold the character of the
area.
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I. Peculiar suitability for particular uses.
Yes. The property is located in an area of single-household residential development which is
suitable for uses allowed in the R-2 zoning district. The proposed R-2 zoning designation is
suitable for the current use of the property.
Staff concurs with the applicants statement that, “The application does not modify the
existing standards of the R-2 zoning district. The property is within the City’s planning and
utility service boundaries. The property does not have any defining characteristics that would
make it suitable for one particular use. In accordance with the future land use map and the
existing uses surrounding the property, a residential use (as proposed) is likely the most
suitable use for the property. The property does not have any water courses present, is flat,
and is nearly fully developable.
J. Conserving the value of buildings.
Yes. There is an existing single-household residential structure on the property in an area of
compatible residential land uses. The proposed R-2 zoning designation will allow for similar
land use patterns and will thus conserve the value of buildings in the area. The applicant has
not proposed future alteration or development on the property. Any future development on the
property will be subject to standards in the R-2 zoning district which will ensure the
conservation of adjacent building values including but not limited to standards set forth in the
Unified Development Code for fire safety, setbacks, buffers and building heights, which will
help alleviate any potential negative impacts to the values of adjacent buildings as a result of
future development on the subject property. Therefore, this criterion is met.
K.Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for residential uses for
many years. The proposed R-2 zoning designation will encourage the most appropriate use of
land as the property is surrounded by lower density residential development, which is
consistent with the R-2 designation. Furthermore, the proposed R-2 zoning designation is
consistent with the Bozeman Community Plan’s future land use map designation of “Urban
Residential.”
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
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Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 30 of 34
1.Is the proposed use significantly different from the prevailing land uses in
the area?
No. The R-2 designation already exists in the area, and properties are developed in
accordance with the R-2 district. Because this is simply a small expansion of less dense
residential district that is not substantially different in terms of allowed land uses in the
existing county R-S district (both allow single-detached housing), the land uses allowed on
the subject property are not significantly different than those that currently prevail in the
area. Therefore, staff finds that this criterion is not met.
2.Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The application is submitted by one landowner in conjunction with annexation of the
single 0.5557 acre property. Although the City supports multiparty annexation applications,
landowner annexation of single properties are the most frequent annexations.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
3.Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
general public. As discussed above in the various review criteriaabove, no substantial negative
impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community. Consistency
with the growth policy demonstrates benefit to the general public. As discussed under Criterion
D, the City’s development standards will require the applicant to provide the needed
infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in Criterion H, the application is similar and consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others. Development of the site in any manner will create additional demand
for services and change the character of the site as a large lot single home. A change to an
urban district does not inherently injure the surrounding landowners.
239
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 31 of 34
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
person may in writing withdraw a previously filed protest at any time prior to final action
by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on June 13 and July 4, 2021. The site
was posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was or will be provided at least 15 and
not more than 45 days prior to any public hearing.
As of the writing of this report on July 8, 2021, one written comments have been received on
this application and is attached to this report.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Residential” in the Bozeman Community Plan 2020.
1. URBAN RESIDENTIAL.
240
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 32 of 34
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an
area may develop at a lower gross density due to site constraints and/or natural features such
as floodplains or steep slopes. Complementary uses such as parks, home-based occupations,
fire stations, churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood designation indicates
that development is expected to occur within municipal boundaries. This may require
annexation prior to development. Applying a zoning district to specific parcels sets the required
and allowed density. Higher density residential areas are encouraged to be, but are not required
or restricted to, proximity to commercial mixed use areas to facilitate the provision of services
and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-2, “Residential Moderate Density” in association with
the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development
Code, “The intent of the R-2 residential moderate density district is to provide for one- and
two-household residential development at urban densities within the city in areas that present
few or no development constraints.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of R-2 correlates with the Growth Policy’s future land use designation of
“Urban Residential”.
241
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 33 of 34
Authorized uses in Residential districts are detailed in section 38.310.030.
242
Staff Report for the 21123; 1919 Bridger Drive Annexation & ZMA Page 34 of 34
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Applicant:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Representative:Mathew and Morgan Hausauer, 3004 Meah Lane, Bozeman, MT 59718
Report By:Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
Public comment
243
t
244
t
245
4/22/2021
Revision and Correction Narrative
1919 Bridger Drive Annexation and Initial Zoning
Enclosed please find the updated Zone Map Amendment exhibit for the 1919 Bridger Drive Annexation/ZMA. The
ZMA exhibit has been updated to have the R‐2 zoning district cover the entire property instead of the split R‐1/R‐2
zoning previously submitted. The applicant concurs with the City’s analysis that splitting the property into two
zoning districts would likely be considered spot/split zoning.
246
Adjoining Property Owners
1919 Bridger Drive, Bozeman, MT 59715
Owner Name Property Address Owner Mailing Address Contiguous?
1 WEAMER, TIMOTHY Y 1915 Bridger Drive 1915 Bridger Drive YES
Bozeman, MT 59715 Bozeman, MT 59715
2 COBALT CAPITAL LLC 1907 Bridger Drive 12834 Topping Manor Drive NO
Bozeman, MT 59715 Saint Louis, MO 63131‐1815
3 GHICADUS, SARAH & DAVID 1901 Bridger Drive 1901 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
4 HOLLIER, DAVID 2420 Atsina Lane 2420 Atsina Lane NO
MCCULLOUGH, ASHLEY Bozeman, MT 59715 Bozeman, MT 59715
5 STERL, MICHAEL & MEGAN 2440 Atsina Lane 2440 Atsina Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
6 MIREMONT, KRISTINA 2460 Atsina Lane 6595 Goodwood Ave. NO
Bozeman, MT 59715 Baton Rouge, LA 70806‐7408
7 KUJAWA, THOMAS & KALLIE 2463 Blackfeet Lane 2463 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
8 WEBB, MOLLY 2443 Blackfeet Lane 2443 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
9 RAMSAY, LAWRENCE SCOTT 2423 Blackfeet Lane 285 Snowline Road NO
RAMSAY, MARCY LYNN Bozeman, MT 59715 Bozeman, MT 59715
10 COPPOLILLO, PETER 2468 Blackfeet Lane 2468 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
11 SCHERER, TROY & JENNIFER 2448 Blackfeet Lane 2448 Blackfeet Lane NO
Bozeman, MT 59715 Bozeman, MT 59715
12 MVJ & LLJ LLC 2428 Blackfeet Lane 413 Fleeton Point Circle NO
ATTN: LINDA JAMISON Bozeman, MT 59715 Reedville, VA 22539‐4220
13 TEITELBAUM, BRUCE 1925 Bridger Drive 517 N. Rouse Ave. YES
C/O CHARLES MCDONALD Bozeman, MT 59715 Bozeman, MT 59715
14 HAIN LEE F TRUSTEE 2003 Bridger Drive 2003 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
15 HEBERT, THOMAS P SR 2011 Bridger Drive 2011 Bridger Drive NO
Bozeman, MT 59715 Bozeman, MT 59715
16 FINCH, CATHERINE 2200 Powder Park CT 2200 Powder Park CT NO
RINELLA, STEVEN Bozeman, MT 59715 Bozeman, MT 59715
17 HEADLANDS SUB PARK AREA General Delivery General Delivery NO
Bozeman, MT 59718‐9999 Bozeman, MT 59718‐9999
247
From:Ryan Watson
To:Agenda
Subject:attention Tom Rodgers/Commission
Date:Monday, June 28, 2021 10:37:08 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
application 21-1230
1919 Bridger Dr. Tom/Commision
I wanted to write to you as I have had extensive interaction with the neighborssurrounding this property and its annexation request.
-We would rather have a smaller version of a standard street or road in the back. It helps withthe neighborhood to have a slower pace and many currently really like the slow feel and less
cause for speed, as kids play and folks are not pushed to drive so fast on a smaller than usualstreet... This being said we also want the ability to build a home,building,or multi unit on the
back forty and have access or split the lot. As oftentimes annexation costs so much that someowners may need to sell a lot in order to annex......
There are numerous issues involving both the fee structure ie impact fees, and the associated
land that the city is requesting. In many instances the city has tried to force their hand in landacquisition and it would be reasonable for us to work together to find options to make it easier
and more equitable for those looking to annex. Really the city wins as we pay more taxes(especially 2 lots) and are required to pay for services. Why then would we be asked to give
upto 35 ft of land for free just to annex. (Normal easements are 15'). -Why didnt city planning work on behalf of these stake-holders early on in the development of
the legends, so that the developer of the legends was required to both put in the width of astandard road knowing that we on bridger drive have larger properties that would likely be
built out to density and need access? If a common access is 15' why are we asked for upwardof 30'?
Many in and along this road would like it to not become a full city street; we have been toldthere are other smaller options to accommodate both a rear access/home and a smaller foot-
print roadway. I believe there are and it may be a way to accommodate future growth with-outa full on city street. Why are we building around cars when what we need is less cars?
-Costs associated with the forfeiture of the land in the easements should include treereplacement/fencing and existing structures this cost could be reimbursed in deducted impact
fees for the 2 parcels, better yet we pay one upfront impact fee for the entire property thatallows the property to be zoned/built out with maximum zoning or something other than r1 for
the future. Several of the neighbors would like both the R# maximum density zoning and theability to split the lot. If we are going to be a community that is focused on affordable housing
we have to start working at making housing and these remaining affordable lots....., bothaffordable and dense and this is what is required. I'd be glad to sit down with any of you to go
over some options to make this good transition for our community.
Ryan Watson1907 Bridger Dr.
248
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Public Hearing to Determine Whether Bozeman Fire Station #1 Owned by
the City is Necessary for the Conduct of City Business or that the Public
Interest may by Furthered by the Sale of the Property to Help Fund the
Construction of the Bozeman Public Safety Center (BPSC)
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Having considered the information presented by staff and public comment, I
hereby move to adopt the findings included in the staff memorandum and
conclude that, once construction of the Bozeman Public Safety Center is
complete, the city property at 34 N. Rouse will no longer be necessary for
the conduct of city business or the preservation of city property, and also
that the public interest will be furthered by the sale of the property to fund
the construction of the Bozeman Public Safety Center and direct the City
Manager to complete all steps necessary to complete the sale of the
property.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On November 6, 2018, Bozeman voters approved the sale of bonds to help
finance the design and construction of the new Bozeman Public Safety
Center at 901 N. Rouse. The construction project as presented to the voters
included $2.5M from the sale of Fire Station 1 as a critical funding source for
the project which includes a new Fire Station #1 and Bozeman Police Station.
Once the BPSC is complete in May 2022, the Fire Department and the Police
Department will move from their location at 34 N. Rouse to the new Safety
Center and the current facility will be vacated and no longer used by either
department.
BMC Sec. 2.06.870 authorizes the sale of city property "when the city
commission, after public hearing, has determined by a two-thirds vote of all
the members that any real property owned by the city is not needed for
public use, or that the public interest may be furthered" by the sale.
Prior to finalizing the sale of the property at 34 N. Rouse, the Commission
must determine whether the property is necessary for the conduct of city
249
business or the preservation of its property, or that the public interest may
be furthered by the sale of the property. For the purposes of this discussion,
I provide the following findings.
1. The building at 34 N. Rouse was constructed in the early 1960's as
Bozeman's only fire and police station. Since originally built both the
police and fire departments have outgrown that space as the city has
expanded, and demands for their services have grown.
2. In 2018, Bozeman voters approved sale of bonds to fund construction
of a public safety facility at 901 N. Rouse which includes new and
modern facilities for the Bozeman Fire and Police Departments.
3. Proceeds from the sale of 34 N. Rouse are necessary to fund the
construction of the new Bozeman Public Safety Center.
4. Once construction of the BPSC is complete, the Bozeman Fire
Department and Bozeman Police Department will vacate the property
at 34 N. Rouse and the building will no longer be used by the city.
5. The condition, configuration and construction type makes the building
at 34 N. Rouse unsuitable for other city uses - additionally, the building
is inefficient from an energy use standpoint.
The city issued a request for proposals for a real estate firm to represent the
city in the sale of the property and is finalizing an agreement with the top
firm. This action by the commission is the necessary first step to complete
any sale of the property.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:The construction budget for the BPSC includes $2.5M from the sale of Fire
Station #1 along with proceeds from the bond sale and a contribution from
the fire department's capital and equipment replacement fund. All
appropriations were authorized in preceding fiscal years.
Report compiled on: July 12, 2021
250
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Scott Shirley, Director of Public Works
SUBJECT:Resolution 5319, Intent to Vacate and Abandon a Portion of the Road
Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive
Described in Book 84, Page 365, Gallatin County, Montana
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5319, Intent to Vacate and Abandon a Portion of the Road
Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive
Described in Book 84, Page 365, Gallatin County, Montana and illustrated in
Exhibit A.
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:Staff has reviewed the proposal and has found that this easement can be
vacated without detriment to the public interest. Additionally, abandonment
benefits the City and the public interest by providing significant cost savings
for the Griffin Drive and Manley Road Street and Stormwater Improvements
project. All background information is included as attachments to this
memorandum.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None recommended.
FISCAL EFFECTS:None.
Attachments:
Resolution 5319.docx
Staff Report.doc
Commission Resolution 5318.pdf
NOTICE OF INTENT TO VACATE.docx
Exhibit A_Abandonment.pdf
Report compiled on: July 15, 2021
251
252
Resolution 5319
COMMISSION RESOLUTION NO. 5319
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID
COMMISSION TO DISCONTINUE, ABANDON AND VACATE PORTIONS
OF THE ROAD EASEMENT DESCRIBED IN BOOK 84, PAGE 365,
LOCATED IN THE SOUTHWEST ONE QUARTER SECTION OF SECTION
31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. AND IN THE
SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City of
Bozeman and the public to abandon a portion of said road easement entirely within the right of way of
Burlington Northern Santa Fe Railroad adjacent to Griffin Drive, as shown in Exhibit "A" attached hereto;
and
WHEREAS, it appears to the City Commission that the subject road easement can be vacated
without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman
and the inhabitants therein that said easement be vacated, provided that said vacation does not affect the
right of any public utility to continue to maintain its utilities and equipment in said right-of-ways.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
253
Resolution 5319
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the portions of the road easement described below:
A portion of the easement described in Book 84, Page 365, Gallatin County, Montana,
located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and in the
southeast one-quarter of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,
more particularly described as follows :
Beginning at the Section Corner common to Sections 1, 6, 31 & 36;
Thence along the Section line between said Sections 6 & 31 N 88"10'53" E a distance of 926.74
feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail Link) right-of-
way;
Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the true
Point of beginning;
Thence N 88"10'53" W a distance of 203.10 feet to a calculated point; to said Sections 31 & 36;
Thence N 38"54'58" W a distance of 50.22 feet to a calculated point;
Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north boundary of
the BNSF Railway Co. right-of-way;
Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E a
distance of 100.45 feet to a calculated point;
Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58" E a
distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet to the Point
of Beginning, containing 2.146 acres, more or less.
All as shown on the attached Exhibit A.
The vacation shall not affect the right of any public utility to continue to maintain existing utilities and
equipment in the street right-of-ways.
Section 2
Fee Title to Revert to BNSF Railway Co.
It is the intent of the Commission that the fee title to the land where the right-of-ways will be discontinued
will be declared, upon adoption of a final resolution discontinuing the street, to revert to the BNSF Railway
Co., for their benefit.
254
Resolution 5319
Section 3
City Engineering to Bring Back Plat and Final Resolution
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the City
of Bozeman hereby directs a plat depicting the changes approved herein be brought to the Commission
for review and decision on adoption along with a final resolution of discontinuance.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 27th day of July, 2021.
________________________________________
ATTEST: Cynthia L. Andrus, Mayor
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
255
CITY ENGINEERING STAFF REPORT
Proposed discontinuance of a portion of the road easement entirely within railroad
Right of Way adjacent to Griffin Drive described in Book 84, Page 365, Gallatin
County, Montana and illustrated in Exhibit A.
Background
The Griffin Drive and Manley Road Street and Stormwater Improvement Project will
reconstruct Griffin Drive adding turn lanes, curb and gutter, and shared use paths.
The project requires additional easement from BNSF/MRL. MRL proposed that they
would be willing to exchange the necessary additional easement for Griffin Drive for
the abandonment of an old and unused road easement laying entirely within the
existing railroad right of way. This proposal offers significant benefit to the public as
the easement to be abandoned has no use to the public or the City and the
easements granted in exchange are necessary for the Griffin Drive improvements
and acquisition costs for these easements would be considerable. The Engineering
Division reviewed the abandonment by the criteria set forth in Commission
Resolution 3628.
Impact on Public and Private Utilities
No City water, sewer, or stormwater facilities exist within this easement and the
easement is not needed to provide access to any City facilities. Additionally, review
of the City’s water and sewer master plans, no known improvements are scheduled
that would be effected by the proposed abandonment.
No private utilities were identified as occupying the easement.
256
Impact on Traffic & Accessibility
Use of the original road for which this easement was granted was discontinued
many years ago. Manley Road now provides the connectivity and accessibility that
was once provided by this old county road. The easement to be abandoned exists
entirely within the railroad right of way and does not provide access or connectivity
to any other property. There is no plan to utilize this right-of-way for future
improvements mentioned in our transportation master plan.
Impact on Fire, Police, and Other Emergency Services
No impact to these services identified.
Impact on Garbage Collection and Maintenance
No impact to these services identified.
Alternatives to Vacation
The City could retain the easements. As mentioned, Montana Rail Link and BNSF
have agreed to grant the additional easements necessary for the Griffin Drive
improvements in exchange for the abandonment. If the abandonment is not
completed, the City will need to acquire the easements from BNSF. Acquiring the
needed easements will add significant cost to the Griffin Drive project and is likely
to delay the project, adding additional cost.
Recommendation
Staff recommends abandonment of the easement as proposed. The abandonment
provides benefit to the City and the public by enabling significant cost savings and
enabling the project to remain on schedule. It can be done without detriment to the
public interest and is the preferred alternative.
257
RESOLUTION 5318
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE PORTIONS OF THE ROAD EASEMENT
DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE
QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.
AND IN THE SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon a portion of said road easement entirely within the right of
way of Burlington Northern Santa Fe Railroad adjacent to Griffin Drive, as shown in Exhibit "A"
attached hereto; and
WHEREAS, it appears to the City Commission that the subject road easement can be
vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said right-of-ways.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the portions of the road easement described below:
A portion of the easement described in Book 84, Page 365, Gallatin County, Montana,
DocuSign Envelope ID: 2A2EE2CA-CDA6-41C5-B146-E10DDA68BDA1
258
located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and
in the southeast one-quarter of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin
County, Montana, more particularly described as follows :
Beginning at the Section Corner common to Sections 1, 6, 31 & 36;
Thence along the Section line between said Sections 6 & 31 N 88"10'53" E a distance of
926.74 feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail
Link) right-of-way;
Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the
true Point of beginning;
Thence N 88"10'53" W a distance of 203.10 feet to a calculated point; to said Sections
31 & 36;
Thence N 38"54'58" W a distance of 50.22 feet to a calculated point;
Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north
boundary of the BNSF Railway Co. right-of-way;
Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E
a distance of 100.45 feet to a calculated point;
Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58"
E a distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet
to the Point of Beginning, containing 2.146 acres, more or less.
All as shown on the attached Exhibit A.
The vacation shall not affect the right of any public utility to continue to maintain existing utilities
and equipment in the street right-of-ways.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in
Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the
affected property owners, which notice shall state the time and place at which objections will be
heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at
the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on
DocuSign Envelope ID: 2A2EE2CA-CDA6-41C5-B146-E10DDA68BDA1
259
Tuesday, the 27th day of July, 2021, at the hour of 6:00 p.m. of said day is the time and place where
and when the City Commission will hear all objections to the vacating of said street right-of-way.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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DocuSign Envelope ID: 2A2EE2CA-CDA6-41C5-B146-E10DDA68BDA1
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NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 13th day of July
2021, the City Commission of the City of Bozeman, Montana, duly and regularly passed and
adopted Commission Resolution No. 5318, entitled:
COMMISSION RESOLUTION NO. 5318
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION
OF SAID COMMISSION TO DISCONTINUE, ABANDON AND
VACATE PORTIONS OF THE ROAD EASEMENT DESCRIBED IN
BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE
QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, P.M.M. AND IN THE SOUTHEAST ONE QUARTER
OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 27th day of July, 2021 at
6:00 p.m. at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman, Montana,
is designated as the time and place to hear objections to the vacation of the street right-of-way
more particularly described in the Resolution of Intention, and is the time and place for any person
whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation
to appear and object, if they wish to do so.
DATED this 13th day of July 2021.
___________________________________
MIKE MAAS
City Clerk
Legal Ad
Publish: 7/18/2021, 7/25/2021
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Memorandum
REPORT TO:City Commission
FROM:Kelley Rischke, Assistant City Attorney
Greg Sullivan, City Attorney
Martin Matsen, Community Development Director
SUBJECT:Appeal 21240 Filed by Bozeman Matters Regarding Conditional of Approval
of the Whole Foods & Pad Site Plan Application 20412
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:At the conclusion of consideration of the appeal, the City Commission may
uphold, amend, or overturn the administrative project approval decision for
Whole Foods & Pad Site Plan Application 20412. The decision may be
overturned or amended upon the finding that the final administrative
decision was erroneous.
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 appeal, filed by Bozeman Matters, seeks to overturn the Director of
Community Development’s administrative decision approving application
20412 (decision) on grounds of “shortcomings in the initial application ...
includ[ing] concerns about the Traffic Impact Study (TIS) included in the
Whole Foods & Pad Site Plan application and concerns related to
stormwater.” Specifically, Bozeman Matters states that the intersection of
West Main and College fails to meet minimum Level of Service (LOS)
requirements and exceptions to the LOS minimum requirement are
improper, and that that the stormwater facilities plan does not consider the
impact of seasonal high groundwater levels rising into the underground
stormwater detention facility.
The project at issue is a redevelopment and construction of roughly 45,700
square feet of retail space, including associated parking lot upgrades at the
Gallatin Valley Mall. One aspect of the project is construction of a new
10,822 square foot building to house Whole Foods on a pad formerly
occupied by the Fuddrucker’s building. Gallatin Mall Group, LLC is the
property owner (the Developer) and submitted the site plan application that
is the subject of this appeal.
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This application for appeal was submitted by:
David K.W. Wilson, Jr. on behalf of Bozeman Matters, a Montana nonprofit
corporation whose address is 3701 Trakker Trail, Suite 1B, #17, Bozeman,
MT 59718 (Appellant).
Appeals of administrative project decisions are governed by 380.250.030
BMC. For a discussion of the procedures governing this appeal, see below.
The record of review for this matter consists of the Director’s Decision
Letter Conditionally Approving the Whole Foods & Pad Site Plan and
incorporated May 28, 2021 Staff Report for Application 20412, all application
materials submitted by the Developer, all public comment, and materials
pertinent to the Design Review Board’s consideration of Application 20412.
According to the appeal application materials submitted, Appellant bases its
appeal on the general grounds that the TIS provided by the Developer
“contains numerous errors and omissions that result in inconsistency with
City of Bozeman requirements…” The Appellant specifically raises the issue
that the Developer’s proposal with respect to the intersection of West Main
and College fails to meet the City’s requirement for a LOS level of C, for
which they argue no exception applies. Additionally, Appellants state that
the Developer’s “storm water facilities plan should consider the impact of
seasonal high groundwater levels rising into the underground stormwater
detention facility.”
At the conclusion of consideration of the appeal, the City Commission may
uphold, amend, or overturn the administrative project decision for
Application 20412. The decision may be overturned or amended upon the
finding that such final administrative decision was erroneous.
UNRESOLVED ISSUES:None.
ALTERNATIVES:The City Commission has the following alternative actions available:
Uphold the Director’s conditional approval decision for Application
20412 as written in his June 1, 2021 letter.
Amend the conditional approval after making findings as to which of
the criteria are met or not met, modify the conditions of approval, and
approve the amended Conditional Approval of Whole Foods & Pad Site
Plan Application 20412.
Overturn the Director’s decision. Find that the Director’s decision was
in error, make alternative findings, and deny Application 20412.
FISCAL EFFECTS:None other than standard effects related to processing applications.
Attachments:
21240 Staff Report.pdf
Bozeman Matters Appeal submission 6-11-21.pdf
Record of Review - 20412_Directors Decision Letter and May
28 StaffReport_Final.pdf
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Record of Review - 20412 DRB Summary Letter 041521.pdf
Order United Food v. City of Bozeman Cause No. DV-19-10BX
18Oct2019.pdf
Report compiled on: July 15, 2021
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Commission Memo
Whole Foods & Pad Site Plan Appeal by Bozeman Matters
Appeal number 21240
July 27, 2021
Report To: Mayor and City Commission
From: Marty Matsen, Community Development Director
Subject: Appeal #21240 Filed by Bozeman Matters Regarding Conditional
of Approval of the Whole Foods & Pad Site Plan Application
#20412
Meeting Date: July 27, 2021
Agenda Type: Action
Project Location: 2905 West Main Street, Bozeman, MT
CITY COMMISSION ACTION:
At the conclusion of consideration of the appeal, the City Commission may uphold,
amend, or overturn the administrative project approval decision for Whole Foods &
Pad Site Plan Application 20412. The decision may be overturned or amended upon
the finding that the final administrative decision was erroneous.
Report Date: July 15, 2021
EXECUTIVE SUMMARY:
This appeal, filed by Bozeman Matters, seeks to overturn the Director of Community
Development’s administrative decision approving application 20412 (decision) on grounds
of “shortcomings in the initial application ... includ[ing] concerns about the Traffic Impact
Study (TIS) included in the Whole Foods & Pad Site Plan application and concerns related
to stormwater.” Specifically, Bozeman Matters states that the intersection of West Main
and College fails to meet minimum Level of Service (LOS) requirements and exceptions to
the LOS minimum requirement are improper, and that that the stormwater facilities plan
does not consider the impact of seasonal high groundwater levels rising into the
underground stormwater detention facility.
The project at issue is a redevelopment and construction of roughly 45,700 square feet of
retail space, including associated parking lot upgrades at the Gallatin Valley Mall. One
aspect of the project is construction of a new 10,822 square foot building to house Whole
Foods on a pad formerly occupied by the Fuddrucker’s building. Gallatin Mall Group, LLC is
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the property owner (the Developer) and submitted the site plan application that is the
subject of this appeal.
This application for appeal was submitted by:
David K.W. Wilson, Jr. on behalf of Bozeman Matters, a Montana nonprofit corporation
whose address is 3701 Trakker Trail, Suite 1B, #17, Bozeman, MT 59718 (Appellant).
Appeals of administrative project decisions are governed by 380.250.030 Bozeman
Municipal Code (BMC). For a discussion of the procedures governing this appeal, see
below. The record of review for this matter consists of the Director’s Decision Letter
Conditionally Approving the Whole Foods & Pad Site Plan and incorporated May 28, 2021
Staff Report for Application 20412, all application materials submitted by the Developer, all
public comment, and materials pertinent to the Design Review Board’s consideration of
Application 20412.
According to the appeal application materials submitted, Appellant bases its appeal on the
general grounds that the TIS provided by the Developer “contains numerous errors and
omissions that result in inconsistency with City of Bozeman requirements…” The Appellant
specifically raises the issue that the Developer’s proposal with respect to the intersection of
West Main and College fails to meet the City’s requirement for a LOS level of C, for which
they argue no exception applies. Additionally, Appellants state that the Developer’s “storm
water facilities plan should consider the impact of seasonal high groundwater levels rising
into the underground stormwater detention facility.”
Only “aggrieved persons” may appeal an administrative decision in accordance with section
38.250.030.A BMC. Appellant contends that it is an aggrieved person as defined in section
38.700.020 BMC1 based on the interest set forth in individual public comments submitted
during the public comment period prior to the Director’s decision, particularly those of
commenters Driskell and Anderson who identified themselves as Bozeman Matters
members.
Appeals are limited to specific issues raised during the public comment period. The City of
Bozeman received eleven public comments in total. One comment was in favor of
approving the application. Nine others opposed the development generally because of the
negative impacts to traffic, water resources, and local jobs. One public comment, submitted
by attorney David K.W. Wilson, Jr. on behalf of Bozeman matters dated April 21, 2021,
1 Aggrieved person. A person, as defined in this division 38.700, who has a specific, personal and legal interest
in the final decision of an agency, board or commission, as distinguished from a general interest such as is the
concern of all members of the community, and which interest would be specifically and personally prejudiced
by the decision or benefited by its reversal.
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included an independent engineering report regarding traffic and transportation issues
and another independent engineering report concerning water quality issues related to
stormwater. Another public comment opposed to the project was submitted April 21, 2021
by Barbara Anderson, who identified herself as, “…writing on behalf of Bozeman Matters…”
Bozeman Matters registered as a corporation with the Montana Secretary of State on June
7, 2021. Although the public comment period closed on April 22, 2021, the City received
one public comment opposed to the project on April 28, 2021 from Joseph Driskell who
identified himself as “… part of Bozeman Matters…”
At the conclusion of consideration of the appeal, the City Commission may uphold, amend,
or overturn the administrative project decision for Application 20412. The decision may
be overturned or amended upon the finding that such final administrative decision was
erroneous.
Consider the Recommended Motions:
Having reviewed and considered Appeal number 21240, including the record of review, the
presentation of staff and the Appellant, public comment, and all information presented, I
move to dismiss this appeal because Bozeman Matters is not an “aggrieved person” with the
ability to appeal the Director’s decision pursuant to section 38.250.030.A of the Bozeman
Municipal Code and as defined in section 38.700.020 of the Bozeman Municipal Code.
Having reviewed and considered Appeal number 21240 seeking to overturn the decision of the
Director of Community Development conditionally approving the Whole Foods & Pad Site
Plan, the record of review, the presentation of staff and the Appellant, public comment, and all
information presented, I move to uphold the decision of the Director of Community
Development reflected in his June 1, 2021 approval letter.
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Table of Contents
EXECUTIVE SUMMARY: ........................................................................................................................................ 1
TABLE OF CONTENTS: .......................................................................................................................................... 4
BACKGROUND:……………………………………………………………………………………………………….….5
Site Plan Application 20412……………………………………….…………………………………………5
Timeline of the Whole Foods & Pad Site Plan Application and Appeal………...…………..5
38.250.030.A “Aggrieved Person”….………………………………………………………………………5
BASIS OF THE APPEAL:………………………………………………………………………………………………7
Staff Evaluation and Director’s Conditional Approval of the Application……………………………7
Traffic Impact Study………………………………………………………………………………………………………..8
Stormwater………………………………………………………………………………………………………………….12
APPEAL OF THE ADMINISTRATIVE DECISION………………………………………………………….14
APPEAL PUBLIC NOTICE:………………………………………………………………………………………….15
APPEAL PUBLIC COMMENT:………………………………………………………………………………….....15
EVALUATION OF THE APPEAL:……………………………………………………………………………...…15
Authority of the City Commission under the Bozeman Municipal Code…………………15
City Commission May Act as a Board of Adjustment…………………………………………….15
APPEAL PROCEDURE:………………………………………………………………………………………………16
UNRESOLVED ISSUES:………………………………………………………………………………………………16
ALTERNATIVES:……………………………………………………………………………………………………....16
FISCAL EFFECT:………………………………………………………………………………………………………..16
ATTACHMENTS:……………………………………………………………………………………………………….16
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BACKGROUND:
Site Plan, Application 20412
The site plan application for the Whole Foods & Pad project, which is located on the
Gallatin Valley Mall property, was submitted originally on December 4, 2020 and
conditionally approved by the Director of Community Development on June 1, 2021. No
building permits have been issued for this approved site plan.
Two advisory committees reviewed the project. The Development Review Committee
considered the application and recommended that the application was adequate, conforms
to standards, and is sufficient for approval with conditions and code provisions. The
Design Review Board (DRB) recommended approval of the application.
Timeline of the Whole Foods & Pad Site Plan Approval and Appeal
20412 Application Submitted December 4, 2020
Revision #1 of Application 20412 submitted March 10, 2021
Revision #2 of Application 20412 submitted May 5, 2021
Development Review Committee Adequacy determination April 2, 2021
Notice and public comment period open April 7, 2021 to
April 22, 2021
Design Review Board meeting April 14, 2021
Public comment submitted by Bozeman Matters April 21, 2021
Public comment submitted by Barbara Anderson April 21, 2021
Public comment submitted by Joseph Driskell April 28, 2021
Final staff report prepared for Director May 28, 2021
Director decision conditionally approving application 20412 June 1, 2021
Appeal period open June 2, 2021
Bozeman Matters registers as a corporation with MT Sec. of State June 7, 2021
Appeal 21240 submitted by Bozeman Matters June 14, 2021
Appeal period closed June 15, 2021
Notice of appeal hearing and public comment period June 21, 2021 to
July 27, 2021
Commission Hearing July 27, 2021
38.250.030.A “Aggrieved Person:”
The City Attorney recommends, as a threshold consideration, the Commission make
findings and a determination whether Bozeman Matters qualifies as an “aggrieved person”
with standing to bring this appeal. However, regardless of the Commission’s determination
of Bozeman Matters as an “aggrieved person,” the City Attorney also recommends the
Commission make findings and reach a decision on the merits of the appeal, discussed
below, in the interests of judicial efficiency and for the benefit of all parties to this appeal.
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Making all of these determinations at this juncture will allow the Appellant or Developer, if
they so choose, to bring the decisions on standing and the merits of the appeal to district
court in the same appeal, rather than addressing a decision on the aggrieved person
standard and the merits individually in separate appeals, likely saving time and expense for
all parties as well as the court.
Staff recommends that the Commission determine that Bozeman Matters does not
constitute an “aggrieved person” as required in BMC 38.250.030.A and as defined in section
38.700.020, BMC.
A District Court Order from Montana’s Eighteenth Judicial District in United Food and
Commercial Workers v. City of Bozeman and Gallatin TR LP and Winco Foods, LLC (attached)
provides judicial guidance as to minimum requirements to be an aggrieved person capable
of raising an appeal of an administrative decision under the BMC. In that case, plaintiff
argued that the City’s decision to approve a Winco grocery store would disrupt plaintiff’s
members’ commute due to additional congestion on City streets and concerns that another
grocery store may depress wages in the local grocery store business. Judge Brown
determined that plaintiffs lacked standing to appeal because concerns about increased
traffic and competition were insufficient to establish a concrete, particularized and
imminent injury required to confer standing. With respect to comments about increased
economic completion and the economy, the opinion states, “it is well-established that
concerns related to competition do not convey standing in an action concerning zoning.”
Regarding traffic, the opinion states, “Plaintiff’s concerns about increased traffic do not
differ from the general interests of the community.” Further, “Montana law establishes
that concern over traffic can only provide standing to landowners who reside next to a
proposed project,” and none of plaintiff’s members provided any evidence that they reside
adjacent to or in the area of the project.
Likewise, Appellants here cite only general concerns about traffic, environmental
degradation due to stormwater runoff, and competition in the local grocery store business.
None of the public comments attributable to Bozeman Matters asserts a “specific, personal
and legal interest” in the Whole Foods & Pad site plan decision nor is any evidence
provided that Bozeman Matters’ members reside adjacent to the project site.
Based on the above, Staff recommends the Commission determine Bozeman Matters is not
an aggrieved person under the BMC and therefore lacks standing to bring this appeal.
As noted above, regardless of the determination on the Appellant’s standing, Staff
recommends the Commission hear and decide the merits of the appeal.
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BASIS OF THE APPEAL:
Appellant seeks to overturn the Director’s approval of the application on the grounds that
the traffic impact study (TIS) provided by the Developer fails to meet the City’s approval
criteria and the Developer did not measure seasonal high groundwater adequately which
will have a negative impact on its proposed stormwater facilities. Please refer to the
Appellant’s submittal, which is attached to this report.
Bozeman Matters appeals the following six traffic related issues:
1. The TIS establishes that intersections will not meet the city mobility standard, yet
no mitigation is proposed;
2. The TIS relies on trip generation that is not based on industry standard or
supported by evidence, and results in an under counting of the trips generated by the
proposed development;
3. The TIS analysis is not based upon the existing signal timing and the intersection
analysis cannot be relied upon;
4. There is evidence that queues at the intersection of Main Street and College Street
will queue into the proposed roundabout;
5. The proposed development will result in a level of service (LOS) below “C” and
the exemption in 38.400.060.B.4.a, BMC is inapplicable because the involved intersections
have not been fully constructed to (their) maximum lane and turning movement capacity;
and
6. The exemption in 38.400.060.B.4.b, BMC is inapplicable to this project because
the requirement of subsection (2) is not met. Subsection (2) states, “improvements to the
intersection to raise the overall level of service to a “C” or better are currently scheduled
for commencement of construction within three years as shown on the most recently
adopted Transportation Capital Improvement Plan.”
Of the several comments Appellant submitted with regard to stormwater issues during the
project’s public comment period, it only pursues one issue on appeal: that groundwater
measurements taken initially in September 2020 and taken again in spring, 2021 “do not
necessarily represent seasonal high groundwater levels.” Appellant contends that, “the
current storm water facilities plan should consider the impact of seasonal high
groundwater levels rising into the underground stormwater detention facility.”
Staff Evaluation and Director’s Conditional Approval of the Application
City staff reviewed the Whole Foods & Pad application for compliance with all applicable
criteria. Staff’s analysis and findings related to each criteria are contained in the May 28,
2021 staff report, which is part of the record of review. Specific to the issues on appeal,
staff provides the following information to explain the analysis and conclusions supporting
approval of the application:
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1. Traffic Impact Study
In addition to the Developer’s proposal, staff considered public comment, including matters
raised by Appellant’s engineering firm, Greenlight Engineering, and the rebuttal
information provided by the author of the Developer’s traffic impact study, Abelin Traffic
Services, in concluding that the proposal met all requirements for approval. These
materials are contained in the record of review.
Because some of Appellant’s issues listed above are interrelated and others are similar in
analyzing available exceptions to code, Staff’s response to Appellant’s issues below are
addressed out of the order provided by the Appellant in their submittal.
Issues number 1 and 5 raised by Appellants in the list above are related and concern the
intersection of Main Street and College Street and the intersection of College Street and 23rd
Avenue. Staff applied the exception found in 38.400.060.B.4.a, BMC, to conclude that both
of these intersections were not subject to the general requirement that each intersection
operate at a minimum LOS “C” even though the intersections do not meet city mobility
general standards and no mitigation is offered. The code provision cited above states:
All arterial and collector streets and intersections with arterial and collector streets
must operate at a minimum level of service “C” unless specifically exempted by this
section… Intersections must have a minimum acceptable LOS of “C” for the
intersection as a whole. 38.400.060.B.4, BMC, emphasis added.
The exception in subsection (a) applied by staff states:
If an intersection within the area required to be studied by section 38.220.060.A.12
does not meet LOS “C” and the intersection has been fully constructed to its maximum
lane and turning movement capacity, then an LOS of less than “C” is acceptable.
38.400.060.B.4.a, BMC.
In order to understand the application of the exception in subsection (a), a brief description
of the streets and intersections, agencies with jurisdiction over them, and the history of
some recent improvement projects is provided. First, note that West Main Street is an
arterial, College Street is an arterial between Main Street and South 19th Avenue, and 23rd
Avenue is a collector as described in the 2017 Transportation Master Plan. Main Street in
its entirety is US Highway 191 and is subject to the jurisdiction of the Montana Department
of Transportation (MDT). College Street, between Main Street and South 19th Avenue, is a
Federal Aid Urban Route. College Street, between Main Street (US 191) and South 19th
Avenue was reconstructed in 2014 under Federal Aid Project STPU 1210(13). It is
standard practice for projects completed by MDT to include analysis of future needs for the
street and the intersections for a twenty five year planning horizon. The intersections of
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College Street with Main Street and South 23rd Avenue were both reconstructed as part of
this project. Based on the forecast demand at twenty five years, turn lanes and a signal
were added at South 23rd Avenue and turn lanes and signal upgrades were included at Main
Street. This project included restriping of the Gallatin Valley Mall access to its current
configuration to align with the signal upgrades. Based on the time frame and planning
horizon for this project, the 2017 Transportation Master Plan does not include
recommended improvements or widening for College Street at South 23rd Avenue or at
Main Street and therefore these intersections are considered fully built out.
Additionally, the 2017 Transportation Master Plan, in section 5.4 Traffic Operations
Standards, discusses the limitations of LOS criteria in the evaluation of the transportation
system. It specifically states,
“Standards based on intersection LOS are a microscopic approach to evaluating
traffic operations. Intersection LOS defines intersection performance in terms of
vehicle delay and does not factor in alternative travel modes nor does it take into
consideration the health of the overall transportation system. Intersection LOS is
often based on a single hour, or peak hours, for which the system is most congested.
A more macroscopic approach to improving the transportation system, not just
reducing peak hour delay at single intersections, should be taken.”
The section also indicates that, “for those roadways already built to recommended
standards, no further infrastructure investment is needed; focus can instead be put on
improving accommodations for active travel modes and implementing TDM strategies.”
The Developer’s TIS indicates that the Main-College intersection may operate at a LOS “D”
during the p.m. peak hours in 2035. The TIS also indicates that, with the addition of the
trips related to the development to the current volumes at the intersection, the intersection
functions at a LOS “C.” The TIS suggests that the drop in LOS from the current conditions to
the future conditions are more related to the overall growth of the City of Bozeman and the
surrounding area than to the specific development of the Whole Foods & Pad site. Staff
found this to be a reasonable assertion and noted that the planned development is an
incremental redevelopment of the Gallatin Valley Mall site and that future redevelopment
will require further evaluation of the impact to the LOS at the intersection of Main Street,
College Street and the mall entrance.
It is important to note that Streamline Bus services the Gallatin Valley Mall site and that the
proposed site plan significantly improves pedestrian access within the Gallatin Valley Mall
site, including access to the Whole Foods location. Therefore, based on the build out of the
intersections in 2014 and the need to look beyond the LOS as the sole measure of
transportation function, even though these intersections may occasionally function below a
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LOS “C,” no mitigation is required under the BMC and the proposal meets the criteria for
approval because of the application of the subsection (a) exception.
Issue number 6 raised by Appellants is related to the intersections of Main Street and
Fowler Avenue and the intersection of Fowler Avenue and West Babcock Street. Both of
these intersections must be analyzed because they are located within one-half mile of the
project site and currently do not meet the required level of service.
Staff determined the application does not require mitigation of these intersections at this
time and thus meets the required criteria for approval due to the application of an
exception. Section 38.400.060.B.4.b provides:
Exception: The review authority may grant a waiver from an LOS of less than “C” at a
specific intersection if the review authority determines:
(1) Granting a waiver for the intersection would not be contrary to public health
and safety and is in the public interest;
(2) Improvements to the intersection to raise the overall level of service to a “C” or
better are currently scheduled for commencement of construction within three years
as shown on the most recently adopted Transportation Capital Improvement Plan;
(3) All rights-of-way necessary for the required intersection improvements have
been obtained by the city or by the Montana Department of Transportation; and
(4) The commission has approved a financing plan for the intersection
improvements.
As noted in Greenlight Engineering’s June 10, 2021 letter, although Staff considered each
required subsection in determining the exception applied, Staff focused only on subsection
(2) in articulating the analysis that this exception is applicable to the intersections of Main
Street and Fowler Avenue and the intersection of Babcock Street and Fowler Avenue.
However, Staff determined all criteria are met.
MDT completed a study of the intersection of Huffine Lane (Main Street) and Fowler
Avenue in August, 2019. The report looked at crash history at the intersection between
2015 and 2018. The study examined causation of crashes and, specifically, whether signal
phasing or timing changes could address any of them. It concluded that, while four crashes
could potentially be corrected by installation of a protected left turn phase for westbound
Main Street traffic, the criteria for a protected left turn is not met and it “recommend[ed]
no phasing/timing changes to the intersection from its existing condition.” Based on the
recommendations of this report allowing the intersection to function as it currently exists
until construction to improve them begins in FY 23, application of the exception would not
be contrary to public health and safety. Further, the project is in the public interest
because planning for large infrastructure projects is an effort in balancing citywide
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priorities. Funds are allocated through the adopted Capital Improvement Plan.
Transportation projects often span several years and draw funds from several revenue
sources, including street impact fees that are paid by developers to specifically address the
needed capacity improvements associated with their projects. Based on the benefits of a
coordinated capital planning process, granting a waiver for these intersections is in the
public interest.
SIF114 Fowler Connection (Huffine to Oak) is a corridor connectivity and improvement
project that will complete a critical north-south transportation corridor. Similar to College
Street, the Fowler corridor project will use a twenty year planning horizon for the Fowler-
Babcock and Fowler-Main Street intersections. Based on that planning horizon, the project
will address safety concerns and provide for the projected demand at code specified levels
of service. Construction of improvements to both of these intersections is scheduled to
begin in fiscal year 2023 (FY 23) under project SIF114 Fowler Connection (Huffine to Oak),
as reflected in the 2022-2026 Capital Improvement Plan2 adopted as Resolution 5207 at
the Commission’s December 22, 2020 meeting.
Fowler Avenue at its intersection with Main Street is classified as a minor arterial, which
requires one hundred feet of right-of-way. The City has already obtained this right-of-way
through BMC requirements to dedicate rights-of-way at the time of development.
Acquisition of right-of-way at the intersection of Fowler Avenue and Babcock Street is
included in the scope and funding for the Fowler Connection project (SIF 114) and is
underway though Task Order 13, which was approved by the City Commission on February
9, 2021. Therefore, all rights-of-way necessary to improve the two intersections have been
or will be obtained by the City through approved and funded projects or processes.
Finally, as noted above the Commission adopted the 2022-2026 Capital Improvement Plan
that includes the Fowler Connection project. Therefore, Staff appropriately applied the
exception in 38.400.060.B.4.b.
Appellant’s issue number 2 asserts the Developer’s TIS relies on trip generation that is
not based on industry standard or supported by evidence. Greenlight Engineering states in
its April 21, 2021 letter that the TIS should have used a “fitted curve trip generation”
model, rather than the “average rate trip generation” model that was employed in the TIS,
resulting in an under count of trips. Section 38.220.060.A.12.f of the Bozeman Municipal
Code sets forth the information a developer must provide regarding anticipated traffic
generated by the development and specifically states the report should include “trip
generation, using the Institute of Transportation Engineers Trip Generation Manual” (ITE
Manual). Average rate trip generation data supplied by the Developer is one of several
2 See pp. 20-27 and 31-33.
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different approaches to estimating trip generation found in the ITE Manual. While the
fitted curve method may, at times, provide a more accurate estimation of trips generated,
Staff determined that the data provided by the Developer has merit and is reasonable
because of the potential for overestimating trips using the fitted curve method, especially
in small urban areas, such as Bozeman.
With respect to issue number 3 raised by Appellant, the Developer concedes that
although it received existing signal timing information from the Montana Department of
Transportation for the Main-College intersection, the developer did not use the information
in its analysis provided to the City because “the MDT timing information did not correlate
precisely with the observed traffic signal timings” at the intersection. Staff allowed the use
of data gathered based on actual field conditions because the information gathered in the
field was a true representation of the signal timing, which leads to a more accurate analysis
of LOS. Staff also notes that regardless of the source of data used, the exception in BMC
section 38.400.060.B.4.a is still applicable to this intersection.
Finally, Appellant’s issue number 4 contends the TIS is deficient because the Developer’s
proposed roundabout will cause traffic queueing at the Main-College intersection to queue
into the proposed roundabout. While a specific review of the roundabout performance is
not required by the BMC, Staff generally reviewed the roundabout layout and provided
comments to the Developer in a staff memo dated December 29, 2020. Abelin Traffic
Services provided a response to Appellant’s comments in a May 10, 2021 letter. Staff
reviewed the response and is in general agreement that the roundabout is likely to provide
more efficient and safer operations than the current configuration, making it an overall
improvement. Any future redevelopment at the Gallatin Valley Mall site will require
further evaluation of traffic conditions. Because roundabout performance is not required
by the BMC, this issue does not impact Staff analysis of whether the development met the
criteria for approval.
2. Stormwater
Staff reviewed the Developer’s stormwater design report and found it satisfied BMC
requirements. Included in the staff’s review was consideration of all public comment
received. Appellant submitted public comment, including a memorandum prepared by
HydroSolutions, Inc., which contained fourteen comments related to the stormwater plans.
Staff also considered the Developer’s responses to the Appellant’s report, prepared by C&H
Engineering and Surveying, Inc., in reaching its conclusions. The HydroSolutions
Memorandum and response letter from C&H are included in the record of review.
For site plan review, there is no specific requirement in the Bozeman Municipal
Code to provide data about seasonal high groundwater levels, guidance about when and
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how to measure groundwater levels, or a minimum elevation for stormwater features in
relation to groundwater levels. As part of the review process, Staff often provides the
developer with industry recommendations on the separation between the bottom of the
infiltration basin or chamber and the seasonal high groundwater elevation. The
recommendation is based on the Montana Post-Construction Storm Water BMP Design
Guidance Manual3 (“the Manual”). The Manual recommends three feet of vertical
separation between the bottom of the facility and the seasonal high groundwater table or
bedrock for full and partial infiltration sections. The Manual also recommends that an
evaluation to determine the depth to groundwater be completed. However, the minimum
separation and groundwater monitoring is encouraged, but not required by the City.
In many areas of the City the seasonal high groundwater table is relatively close to
the ground surface and can remain that way for several weeks. Therefore, City staff closely
evaluate whether proposed systems can function as designed in relation to seasonally high
groundwater levels. As in this case where the Developer proposes to use an underground
stormwater system, staff requests additional information, such as seasonal high
groundwater information, and requires the design engineer to certify that the system is
located above seasonal high groundwater elevations. The City routinely approves projects
that do not provide three feet of vertical separation between the bottom of the stormwater
facility and the seasonal high groundwater level, but only if the proposed system has
accounted for the groundwater level in the design and satisfies the City’s code
requirements.
Rather, the City requires stormwater facilities to comply with the City of Bozeman
Design Standards and Specifications Policy (“DSSP”). The DSSP similarly does not contain
specific requirements regarding seasonal high groundwater levels or minimum vertical
separation requirements. However, two provisions of Section II of the DSSP are related to
analysis of seasonal high groundwater elevations and stormwater facilities. First,
regulations regarding discharge structures provide, “ponds shall be designed so as to avoid
long-term standing water in the pond.” DSSP, Section II.D.3.c, p. 26. Second, the policy
requires the site’s drainage plan to include, “to the greatest extent feasible, low impact
development practices that infiltrate, evapotranspire, or capture for reuse the runoff
generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours
of no measurable precipitation.” DSSP, Section II.A.4, pp. 22-23.
The Developer initially provided groundwater measurements taken in September,
2020. On December 29, 2020, Staff noted, “the [Developer’s] Stormwater Design Report
assumes the high ground water elevation based off measurements taken in September,
generally the time of low groundwater” and requested the Developer provide, “further
3 See page 5-3-3, Depth to Groundwater and/or Bedrock.
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Page 14 of 17
justification for the assumption of groundwater elevation.” The Developer measured
groundwater again in the spring of 2021 and provided those measurements with the
revised information submitted to the City. The Developer’s revised Stormwater Design
Report confirmed that the stormwater facilities would be above the groundwater table
stating, “for the majority of the year these chambers are expected to be located several feet
above the groundwater table.” However, the report also indicated that, “the bottom of
some of these chamber systems are extremely close to the [seasonal high groundwater]
elevation,” but “the peak seasonal high groundwater elevation is only expected to be
maintained for several weeks in the spring each year.”
City staff assessed the resubmitted information prior to site plan approval and
determined the proposed stormwater system met all requirements in the DSSP and
adequately accounts for seasonal high groundwater elevations in the proposed design. In
reaching this conclusion, staff noted that the Developer’s engineer certified that the
stormwater systems are designed to be located above seasonal high groundwater
elevations. Staff also considered the data accompanying the Developer’s Stormwater
Management Design Report, which demonstrated that: measurements taken throughout
April, 2021 typically represent periods of high groundwater levels because it was
performed during a time of high groundwater observed elsewhere in the City; wet weather
occurred during the period of measurement; and the rise and fall of groundwater levels
shown in the data has been commonly observed with local groundwater monitoring.
Appellant asks that the “current storm water facilities plan should consider the
impact of seasonal high groundwater levels rising into the underground stormwater
detention facility.” As explained above, the City did consider the impact of seasonal high
groundwater levels with respect to the proposed stormwater system and, based on the
rationale explained above, determined that the project met code requirements for
approval.
APPEAL OF THE ADMINISTRATIVE DECISION:
The deadline for submission of an appeal application was June 15, 2021.
On June 14, 2021, the Community Development Division received an appeal from Bozeman
Matters, pursuant to Section 38.250.030 BMC, “Administrative project decision appeals.”
Staff reviewed the appeal application materials and found that the application met all
submittal requirements for processing the appeal. The Appellant was notified on June 16,
2021 that the appeal was complete and that a hearing on the appeal before the City
Commission on July 27, 2021 was scheduled.
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APPEAL PUBLIC NOTICE:
Notice of the appeal hearing was completed in conformance with 38.220 BMC,
“Applications and Noticing.” Notice was posted on the site, mailed to property owners
within 200 feet, and published in the Bozeman Daily Chronicle on July 18, 2021 and July 25,
2021. The notice on the project site was posted on June 18, 2021 and will remain posted
until the City Commission hearing on July 27, 2021.
APPEAL PUBLIC COMMENT:
The City has received no comments regarding this appeal from the public at the time of
writing this staff report. Any further public comment received will be forwarded to the City
Clerk’s office for Commission consideration. Public comment relating to this application
and appeal are available at:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=235426&dbid=0&repo=BOZEMA
N
EVALUATION OF THE APPEAL:
Authority of the City Commission under the Bozeman Municipal Code
The City Commission has the authority to uphold, amend, or overturn the Director’s
decision expressly in section 38.250.030.J, BMC.
City Commission May Act as a Board of Adjustment
The City of Bozeman does not have a Board of Adjustment as described in Montana Code
Annotated section 76-2-321. Rather, the City Commission has reserved for itself the
powers of a board of adjustments through Resolution 4419 in 2012. The City Commission
may choose to exercise its powers as a Board of Adjustments4, separate from those
expressly provided under the BMC.
4 Section 76-2-323, Montana Code Annotated provides:
76-2-323. Powers of board of adjustment. (1) The board of adjustment shall have the following powers:
(a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of this part or of any ordinance adopted
pursuant thereto;
(b) to hear and decide special exceptions to the terms of the ordinance upon which such board is
required to pass under such ordinance;
(c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not
be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed
and substantial justice done.
(2) In exercising the above-mentioned powers, such board may, in conformity with the provisions of this
part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination
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APPEAL PROCEDURE:
The City Commission must comply with the procedures for appeal as set forth in section
38.250.030.I BMC. During the appeal, the Commission will first hear from the
administrative staff who are required to give an “explanation of the application and nature
of the appeal.” Next, the Appellant will have an opportunity to present its position. If
requested, the landowner may then make a presentation. Then, the Commission will hear
public comment regarding the appeal from any proponent or opponent. At the close of
public comment, the Commission must consider the merits of the appeal, including
considering motions, discussion, and taking a vote. During the process, no person making a
presentation may be subject to cross-examination. However, Commission members and
the City Attorney may ask questions for the purpose of eliciting information or clarifying
information presented.
UNRESOLVED ISSUES:
None identified.
ALTERNATIVES:
The City Commission has the following alternative actions available:
1. Uphold the Director’s conditional approval decision for Application 20412 as
written in his June 1, 2021 letter.
2. Amend the conditional approval after making findings as to which of the criteria
are met or not met, modify the conditions of approval, and approve the amended
Conditional Approval of Whole Foods & Pad Site Plan Application 20412.
3. Overturn the Director’s decision. Find that the Director’s decision was in error,
make alternative findings, and deny Application 20412.
FISCAL EFFECT: None other than standard effects related to processing applications.
ATTACHMENTS:
21240 Appeal filed by Bozeman Matters – submission materials and communications
Record of Review:
20412 Director’s Decision Letter Conditionally Approving the Whole Foods & Pad
Site Plan and incorporated May 28, 2021 Staff Report for Application 20412;
All application materials submitted by the Developer found at
https://weblink.bozeman.net/WebLink/Browse.aspx?id=228774&dbid=0&repo=B
OZEMAN&cr=1;
appealed from and may make such order, requirement, decision, or determination as ought to be made and to
that end shall have all the powers of the officer from whom the appeal is taken.
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All public comment found at
https://weblink.bozeman.net/WebLink/Browse.aspx?id=235426&dbid=0&repo=B
OZEMAN; and
All materials considered by the Design Review Board regarding Application 20412,
including:
o DRB April 14, 2021 Agenda and materials
o DRB April 14, 2021 Minutes
o DRB April 14, 2021 Video of the meeting
United Food and Commercial Workers, Local 4; Samara Yanny; John Robert McGowan,
Jr. and Joel Dunbar v. City of Bozeman and Gallatin TR LP and Winco Foods, LLC, Order
re: Motions for Summary Judgment and Motion to Strike, Cause No. DV-19-10BX,
October 18, 2019.
Full application and file record: available to view by contacting the Community
Development Division, 20 E. Olive, Bozeman, MT 59715. Please contact Sarah Rosenberg at
srosenberg@bozeman.net or 406-582-2297 to make arrangements to view the file.
283
MORRISON
SHERWOOD
WILSON
DEOLA pllp
s
Robert Farris-Olsen
Andree Larose
Scott Peterson
Anne E. Sherwood
John M. Monison
Frederick F. Sherwood
David K. W. Wilson, Jr.
Linda M. Deola
Brian J. Miller
Attorneys at Law
401 North Last Chance Gulch
P.O. Box 557, Helena, Montana 59624'0557
www.mswdlaw.com
(406) 442-3261
(406) 443-7294 FAXkwilson@mswdlaw.com
June 11,2021
City of Bozeman Dept, of Community Develop.
20 East OUve Street
Bozeman, MT 59715
planning@bozeman.net
Re: MaUers Appeal of May 28, 2021, Approval of Whole Foods &Pad Site
Development
To Whom it May Concern:
Iam filing this administrative appeal on behalf of the organization Bozeman Matters,
Montana not for profit organization. This is an appeal of the Director of Community
Development’s May 28, 2021 Findings of Fact and Appeal Provisions Certificate for the
Whole Foods &Site Plan, application 20412, approved on June 1, 2021. Attached to this
appeal letter are the following:
a
Check for $1,688;
N1 Noticing Checklist;
A1 Development Review Application;
Exhibit A.
Pursuant to Sec. 38.250.030 and Sec. 38.220.140, Bozeman Matters provides the
following required information:
1. Name and Address of Applicant
Bozeman Matters^, c/o David K. W. Wilson, Jr., P.O. Box 557, Helena, MT 50624.
Bozeman Matters’ address is 3701 Trakker Trail, Suite IB, #17, Bozeman, MT 59718.1
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284
2. Legal Description. Street Address, and Proiect Numbet of the Property Involved
in the Appeal
Legal Description per StapflLport S11,T02 S, R05 E., C.O.S. 467A Parcel Ttact 1, Acres
37.42, Less HWRY (IMPS Only -RGG2245 -RGG33539 -RGG42148 -
RGG34032 -RGG65797)
Street Address per Staff Report: 2905 West Main Street, Bozeman, MT 59715
Project Number per Staff Report: Application 20412.
3. Description of the Project per Staff Report:
Whole Foods &Site Plan Redevelopment.
4. Evidence That Appellant is Aggrieved Person
Bozeman Matters, through its members who submitted comments, is an aggrieved
person pursuant to 38.700.020 in that it has apersonal and legal interest in the May 28, 2021
final decision of the Director of Community Development. The interests of Bozeman
Matters are set forth in the “Relevant Comments”, as described in the Staff Report,
submitted by counsel for Bozeman Matters, David K. W. Wilson, Jr., as well as commenters
and Bozeman Matters members DriskeU and Anderson (mistakenly listed as Andreason.)
The issues that Bozeman Matters has an interest in and commented on included traffic and
transportation, stormwater and parking, and are set forth in full in the comments cited
above. Per Sec. 38.250.030 (B), this appeal is limited to those issue raised by Bozeman
Matters during the pubUc comment period.
5. Noticing Requirements
The Appellant will provide, mail and post notice as required by Sec. 38.220.420 once
the City provides the Notice per Sec. 38.220.420 (D)(3).
6. Appeal Filing Fee
The required fee of |1,688 is included.
7. Specific Grounds and Allegations for the Appeal
Bozeman Matters members live or work in Bozeman and are concerned with the
explosive and unbridled growth in the community. Bozeman Matters engaged several
experts, Greenhght Engineering and HydroSolutions, to review the Whole Foods
application, and the review disclosed several shortcomings in the initial application, as noted
in the materials attached to my April 21, 2021, Comment letter. Those concerns included
concerns about the original Traffic Impact Study (TIS) and concerns related to stormwater.
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285
Subsequently, Whole Foods’ consultants provided the City with responses to those reports,
Abelin Traffic Sendees’ May 10, 2021 letter to the City regarding traffic issues, and C&H
Engineering’s May 7, 2021 letter to the City.
The attached Exhibit Aprovides Mr. Nys’June 10, 2021 responses to the Abelin
Traffic Services’ response to Mr. Nys’ original submittal, as well as Mr. Nys’ response to the
City’s approval criteria. As can be seen, Abelin’s response does not address all the issues
raised by Mr. Nys in his original submittal. Mr. Nys’ letter provides adetailed evaluation. In
his summary, Mr. Nys states:
The TIS contains numerous errors and omissions that result in inconsistency with City of
Toyman requirements andj or industry standard. The ATS response letter does little to
rectify the issues. The TIS establishes that intersections will not meet the city mobility
standard, yet no mitigation is proposed. The TIS relies on trip generation that is not based
industry standard or supported by evidence, and results in an under counting of the trips
generated by the proposed development. The analysis is not based upon the existing signal
timing and the intersection analysis cannot be relied upon. There is evidence that queues at
the Main Street! College Street intersection will queue into the proposed roundabout.
Nor does the City’s May 28* Staff Report adequately address the shortcomings noted
in Mr. Nys’ report. The City acknowledges that the level of service concerns raised by Mr.
Nys that levels of service were below LOC Cwere valid, but then granted exceptions to the
regulatory requirement that an LOC level of Cmust be achieved. The stated reason for the
exceptions is BMC 38.400.060.B.4.a. That requirement states:
Level of service standards. All arterial and collector streets and intersections with
arterial and collector streets must operate at aminimum level of service "C" unless
specifically exempted by this section. The city determines level of service (LOS)
values by using the methods defined by the most recent edition of the Highway
Capacity Manual. The review authority may approve adevelopment only if the LOS
requirements are met in the design year, which must be aminimum of 15years
following the development application review or construction of mitigation
measures if mitigation measures are required to maintain LOS. Intersections must
have aminimum acceptable LOS of "C" for the intersection as awhole.
on
a.
Exception: If an intersection within the area required to be studied by section
38.220.060.A. 12 does not meet LOS "C" and the intersection has been fully
constructed to its maximum lane and turning movement capacity, then an LOS of
less than "C" is acceptable.
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286
The City’s position is that improvements slated for FY23 “as part of City Capital
Improvement Project SIF 114 Fowler Avenue -Huffine to Oak Street Project” wiU “raise
the level of service to aCor better”. But the City provides no evidence that this FY23
project will actually cause the involved intersections to aLOS Cor better. Nor, as afactual
matter, have the involved intersections been “fully constructed to (their) maximum land and
turning capacity.” For instance, the College-Main intersection could have additional lanes
added as Mr. Nys discusses in his June 10* letter.
Finally, as noted by Mr. Nys, the City’s decision does not document compliance with
the requirements of BMC 38.400.060(B)(4)(b).
Upon review of the Staff Report, Whole Foods &Pad Site Plan, location, design, and
capacity of stormwater facilities, page 12 of 16, we continue to also have the following
concerns regarding stormwater. Groundwater elevations were measured in September 2020
for use in developing the initial stormwater management system design. The month of
September is typically aperiod where shallow groundwater elevations are not seasonal high
groundwater levels. In general, high groundwater is typically found during the late spring-
early summer months in the alluvial sediments beneath the project site. Additionally, the
applicant measured groundwater levels in April and May of 2021 which do not necessarily
represent seasonal high groundwater levels. The current storm water facilities plan should
consider the impact of seasonal high groundwater levels rising into the underground
stormwater detention facility.
Athumb drive with the appeal material is provided herein.
Sincerely,
TJMK. W. Wilson, Jr.
CUents
Sarah Rosenberg, srosenberg@,bo2enian.net
Brian Gallick, brian@galliklawfirm.com
cc:
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GREENLIGHT
ENGINEERING
June 10, 2021
David K.W. Wilson, Jr.
401 North Last Chance Gulch
P.O. Box 557
Helena, Montana 59624
RE: Response to Abelin Traffic Services Report
Mr. Wilson,
Greenlight Engineering has been asked to evaluate the transportation related impacts of the proposed
Gallatin Valley Mall redevelopment in Bozeman, Montana. We have reviewed the November 2020
"Gallatin Valley Mall Pad Redevelopment Traffic Impact Study" ("TIS"), the May 10, 2021 "Gallatin Valley
Mall Pad Redevelopment TIS Comment Responses (COB #20412)" ("response letter") prepared by Abelin
Traffic Services ("ATS") and the June 1, 2021 staff report/decision ("decision"). This report responds to
the response letter and the decision. We previously submitted an April 10, 2021 detailing the errors and
omissions of the TIS.
Analysis of city decision
In reviewing the decision, it is apparent that the City staff erred in evaluating the transportation related
criteria of city code.
The city's decision notes in addressing Bozeman Municipal Code ("BMC") 38.400.060:
"Public comment was received regarding adequacy of the TIS and compliance with standards
after development. The provided TIS identified the intersection of Huffine/Main Street &
College may operate at alevel of service (LOS) of "D" during the PM Peak Hours. The existing
intersection of Huffine Lane/Main Street &College Street is considered to be fully constructed
to its maximum lane and turning movement capacity. Per BMC 38.400.060.B.4.a, an exception
to the LOS Crequirement is granted. An exception to the LOS Crequirement is also granted
under BMC 38.400.060.B.4.a for the intersection of College Street and S23rd Avenue that is
also constructed to its maximum lane and turning lane configuration. Per BMC
38.400.060.b.4.b.2 an exception to the LOS Crequirement is also granted for the intersections
of Huffine Lane/Main Street and Fowler Avenue and Babcock Street and Fowler Avenue.
These intersections are scheduled for reconstruction in FY23 as part of City Capital
Improvement Project SIF 114 Fowler Avenue
improvements will raise the level of service to Cor better. Any further (re)development on the
subject property (Gallatin Valley Mall) may require aTransportation Impact Study."
Huffine to Oak Street project. The
It is unclear how the City has determined that two of the referenced intersections are "fully constructed
to its maximum lane and turning movement capacity." Theoretically, there is is no maximum lane and
turning movement capacity as there are numerous combinations of lanes that could be added that
would increase vehicle capacity. Table 6-1 of the City of Bozeman's Transportation Master Plan refers to a
performance target of "Maximum road sized capped at 5lanes." This may define the maximum lane and
turning movement capacity.
13554 Rogers Road ●Lake Oswego, OR 97035
www.greenlightengineering.com ●503.317.4559
288
Assuming that the intent is to not construct roads wider than five lanes, there are numerous lanes and
configurations that can be added to the Huffine/Main Street &College and College Street and S23rd
Avenue intersections that would add intersection capacity. Some of these lanes could be constructed on
the applicant's property.
Further, the decision attempts to grant an exception for "Huffine Lane/Main Street and Fowler Avenue
and Babcock Street and Fowler Avenue" per BMC 38.400.060(B)(4)(b). In order for an exception to be
granted, the following criteria must be met:
"Exception: The review authority may grant awaiver from an LOS of less than "C" at aspecific
intersection if the review authority determines:
(1)Granting awaiver for the intersection would not be contrary to public health and safety and
is in the public interest;
Improvements to the intersection to raise the overall level of service to a"C" or better are
currently scheduled for commencement of construction within three years as shown on the
most recently adopted Transportation Capital Improvement Plan;
All rights-of-way necessary for the required intersection improvements have been obtained
by the city or by the Montana Department of Transportation; and
The commission has approved afinancing plan for the intersection improvements."
(2)
(3)
(4)
The city's decision fails to provide evidence or findings regarding the four required criteria. With regard
to (1), there are no findings provided in the decision. With regard to (2), neither the application nor the
decision provide any evidence that the city project will raise the subject intersections to alevel of service
"C" or better. There is no evidence that the necessary right of way has been obtained in response to (3).
Lastly, there is no evidence that afinancing plan has been approved for the intersection improvements
as required by (4). All of these requirements must be met in order to approve an exception per BMC
38.400.060(B)(4)(b), yet none have been addressed.
Response to applicant's response letter
In reviewing the applicant's May 10, 2021 response letter and the TIS, there continues to be several
significant errors and omissions in the TIS not resolved by the response letter. Both the TIS and response
letter are unreliable and not compliant with numerous elements of the BMC and/or industry standards.
We have the following summarized responses to the applicant's response letter:
The TIS provides evidence of unmitigated intersection failures in clear violation of the BMC.
The analysis is not based on BMC required analysis methodology.
The trip generation (how many vehicle trips the development generates) presented in the TIS
significantly undercounts trips versus industry standard methodology, artificially illustrating
less development impact.
Numerous intersections that were required for study by the BMC were omitted from the TIS.
The TIS analysis of the Main Street/College Street is not based in reality and doesn't remotely
approximate how the intersection operates.
The proposed roundabout solution may worsen conditions at the Main Street/College Street
intersection.
1.
2.
3.
4.
5.
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289
ATS's summarized responses from their response letter are provided below in bold, italicized, underlined
typeface while our detailed responses are provided in regular typeface.
The Main Street/Colleae Street intersection will fail regardless of the development: the development
should be aooroved anvwav
One of the approval criterion of the application from Bozeman Municipal Code Section 38.400.060(B)(4)
requires:
"All arterial and collector streets and intersections with arterial and collector streets shall operate
at aminimum level of service "C" unless specifically exempted by this subsection. Level of service
(LOS) values shall be determined by using the methods defined by the most recent edition of the
Highway Capacity Manual. Adevelopment shall be approved only if the LOS requirements are
met in the design year, which shall be aminimum of 15 years following the development
application review or construction of mitigation measures if mitigation measures are required to
maintain LOS. Intersections shall have aminimum acceptable LOS of "C" for the intersection as a
whole..."
In their response letter, ATS provides no argument or evidence that the Main Street/College Street
intersection will operate adequately as required by the BMC. Instead, ATS states that "While it may be
possible to correct the LOS at this location with some traffic signal timing modification as stated in the
traffic report, the precise timing improvements which would be required for the coordinated
intersections along west Main Street in 2035 are impossible to predict with any certainty and are of little
value for this report." The TIS provides evidence that the Main Street/College Street intersection will not
operate adequately 15 years following the development application review. The BMC specifically
requires "A development shall be approved only if the LOS requirements are met in the design year,
which shall be aminimum of 15 years following the development application review or construction of
mitigation measures if mitigation measures are required to maintain LOS."
Rather than provide any analysis that illustrates if traffic signal timing will correct the issue, no mitigation
is evaluated at all. Perhaps signal timing will correct the issue, perhaps roadway improvements are
necessary. However, signal timing changes at this intersection will require signal timing changes and
analysis at other intersections as traffic signals along Main Street operate in signal coordination and
share acommon cycle length. This is not addressed in the TIS or response letter.
The ATS response letter further notes that "The proposed plan to include aroundabout within the site is
predicted to improve the overall traffic flow characteristics through the Main Street and College Street
intersection and decrease vehicle queues."
The roundabout provides no clear benefit to the operations at the Main Street/College Street
intersection. In fact, the proposed roundabout could have adetrimental impact on the Main
Street/College Street intersection. Currently, at the Gallatin Valley Mall internal intersection north of
Main Street/College Street, the intersection is controlled by side street stop signs and inbound flow from
Main Street does not have to stop or yield to any exiting vehicles. Under the current configuration,
queues could not possibly extend to the Main Street/College Street intersection from this internal
intersection due to this inbound free flow condition. The TIS illustrates that queues from the Main
Street/College Street intersection will extend into the roundabout. This may cause queues to extend to
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the Main Street/College Street intersection. This is asituation that is known to be an undesirable
condition for aroundabout, yet is proposed anyway.
The TIS further notes that "Limiting or eliminating redevelopment within the Gallatin Valley Mall will not
prevent or correct the projected 2035 LOS issues at this intersection which will occur throughout this
area as predicted by the Bozeman TMP." The applicant has failed to provide evidence that supports the
approval of this application as required per BMC 38.400.060(B)(4). The Main Street/College Street
intersection clearly fails with no proposed mitigation.
The ATS response letter fails to make any arguments or evidence that the Main Street/West approach
intersection will operate adequately. The TIS was clear in that this intersection would operate at LOS Fat
the opening of the proposed development, again with no proposed mitigation.
Trip generation based upon the average rate is acceptable: the oass-bv rate is acceptable: no internal
trip generation rate was used; no reductions were used for transit, bicycle or pedestrians
ATS states that "The reviewer suggests that alternative methods should have been used to evaluate the
projected trip generation for this project..." We disagree with the characterization that the ITE Trip
Generation Handbook methodology is an "alternative method." This is the industry standard method for
developing trip generation estimates. The TIS is quite clearly not based upon industry standard accepted
methodology.
ATS notes that "Based on observations all over Montana, ATS has established that in general the
observed trip generation for commercial facilities are typically lower than those found in the ITE Trip
Generation Manual, which generally provides rates based on higher density urban areas than exist in
most of Montana."
ATS provides no data to support this statement. The submission of such observed data into the record of
this application may provide compelling evidence but no data is provided to support this claim.
The ATS report notes that "Generally, ATS uses these predicted (fitted curve) trip generation rates to
provide slightly more conservative results for traffic analysis purposes. In this case we felt that using the
ITE equations would significantly overestimate the trip generation from the project." The ITE Trip
Generation Handbook provides guidance that this data is appropriate for suburban and urban areas like
Bozeman based on awide variety of communities across the US. It also instructs how and when to use
the average rate versus the fitted curve rate. In this case of this development, the fitted curve rate clearly
should have been used, but was not.
Lastly, ATS states:
"Additionally, it is much more accessible for reviews of the traffic study and the public to view trip
generation as aliner (sic; "linear") relationship between development area and traffic generation
than using alogarithmic fitted curve to try and understand the relation between development
size and total traffic. Using the per floor area method makes the report more accessible to all
readers while providing results with reasonable accuracy for this type of development."
It is very simple to explain the average trip generation rate versus the fitted curve rate and it is not a
satisfactory explanation for significantly undercounting trips as was done as part of the TIS.
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Additionally, ATS argues that the TIS provided "reasonable accuracy for this type of development." It is
unclear how reasonable accuracy is defined and why the type of development is relevant. However, it is
clear that the TIS undercounts trips by more than 100 trips per hour. This would not seem to constitute
reasonable accuracy. It is possible that due to the lack of accuracy in the trip generation calculations that
the City may have scrutinized the study area to agreater degree.
ATS has not provided evidence that would aid the reviewer to conclude that the fitted curve rate would
"significantly overestimate" trip generation. In fact, there is evidence of exactly the opposite in that ATS
has failed to adhere to industry standard methodology for no rational reason.
ATS reports that "While it could be debated if a44% pass-by rate or a34% is more appropriate for this
specific project, it should be noted that the pass-by rate does not change the projected amount of traffic
that will flow into and out of the project site." It is unclear what this debate would be based upon as the
ITE Trip Generation Handbook provides no evidence that supports the use of the pass-by rates utilized in
the TIS.
The response letter states that:
"It should also be noted that the report used an internal capture rate for the development of 0%
and provided no traffic reductions for transit, bicycle or, pedestrian access to the site to heip
provide amore conservative estimate within the traffic analysis. While we do not feel that
reductions for alternative trip modes would make asignificant difference in the traffic analysis for
the project, the application of these trip modes would likely be more significant than any effects
from adjusting pass-by rates or using alternative methods of developing estimated trip
generation rates."
The ITE Trip Generation Handbook states that "...internal capture rates are not applicable and should not
be used to estimate trips for shopping centers if using statistics and data for Land Use Code 820." The
lack of use of an internal capture rate is by no means conservative when analyzing aShopping Center.
Such apractice would not allowed by the Trip Generation Handbook. Including internal capture trips
would not make sense to the Shopping Center land use used in the TIS, as internal trips between the
various uses within aShopping Center are already considered in the data.
It should also be noted the ITE Trip Generation Manual data is based upon automobile trips only and
does not account for pedestrian, bicycle or transit trips generated by the development. Including the
impact of these trips on the automobile trip generation of the development also does not make sense.
As reported in our April 10, 2021 report, the TIS underreports the weekday AM peak hour automobile
trip generation by 132 weekday AM peak hour trips and 130 weekday PM peak hour trips. There is
nothing in the ATS response that illustrates that the TIS is conservative in it's approach to trip generation.
Instead, the TIS illustrates several instances when trip generation was quite plainly performed incorrectly
and well outside the bounds of accepted industry practice. The response letter has not resolved any of
the issues associated with trip generation.
ATS provides no rationale in their response letter regarding the use of weekday PM peak hour data for
midday trip generation as addressed in our April 10, 2021 report.
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292
ATS provides no rationale in their response regarding the use of aweekday PM peak hour pass-by rate
for aweekday AM peak hour pass-by trip analysis as addressed in our April 10, 2021 report.
It should be noted that the ITE Trip Generation Handbook provides no methodology that mirrors or
supports the trip generation methodology utilized in the TIS. The trip generation utilized in this traffic
analysis is far from industry standard in multiple and varied ways.
The study area doesn't need to include additional intersections
The ATS response letter notes:
"The study area used for this anaiysis was selected based on direct discussions with the City of
Bozeman planning staff for this specific project. While additional intersections within this area
couid technically be included in the traffic anaiysis, ATS and the City Staff did not believe that
analysis for these unrelated intersections was necessary or valuable for this traffic analysis."
The BMC requires astudy area that includes "All arterial-arterial, collector-collector and arterial-collector
intersections within one-half mile of the site, or as required by the city engineer during the pre¬
application review, concept plan review, or informal project review."
Strangely, even though the development will generate 3,535 weekday daily trips, 175 weekday AM peak
hour trips, 305 weekday PM peak hour trips, and 334 Saturday peak hour trips, no intersections were
analyzed other than two of the three site access points.
The TIS notes that "Based on the City of Bozeman Subdivision Regulations, the developers must study all
effected (sic) intersections within 'A mile of aproposed development."
As illustrated in our April 10, 2021 report, the TIS evaluates no offsite intersections and ignores the
requirement to study applicable intersections within %mile of the site.
As noted earlier, the TIS substantially undercounts the trip generation of the proposed development.
Even with appropriately accounting for trip generation, the exclusion of nearby intersections from
analysis defies logic. This is asignificant development that has impacts well beyond the project
driveways.
Additionally, the BMC requires the study area to include "All major drive accesses that intersect collector
or arterial streets or roads." The easternmost access to Main Street is excluded from the TIS. The TIS is in
violation of the BMC requirements.
The existing signal timing was not used in the TIS because the signal timing in the field did not
replicate existing signal timing
In their response letter, ATS offers:
"ATS did obtain signal timing information from MDT for the intersection of Main Street and
College Street, but three hours of field intersection observations and recordings indicated that
the MDT timing information did not correlate precisely with the observed traffic signal timings at
this location. Therefore, ATS adjusted the timings within the traffic analysis to match the actual
field conditions and recorded signal timing observations at the intersection."
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ATS did not include the signal timing sheets they obtained in the TIS or their response letter. However,
Greenlight Engineering obtained traffic signal timing sheets from MDT dated March 8, 2021 and
provided them in Appendix A.
In our review of the signal timing used in the TIS and the actual signal timing, there is very little
resemblance between the two. It does not appear that ATS used the MDT signal timing in their analysis
at all. Based on my 20+ years of traffic analysis experience, ignoring the existing signal timing in atraffic
analysis will result in acompletely inaccurate traffic analysis. What is presented in the TIS is not even
close to what is operating in the field. In the TIS, yellow times, all red times and pedestrian clearance
intervals (don't walk) times are all reported as uniform values that don't meet design
guidelines/requirements for signal timing.
The signal cycle length used in the TIS is not possible to actually operate in the field as the cycle length in
the weekday PM peak hour is 120 seconds. The TIS instead relied upon asignal cycle length of 146
seconds.
The TIS indicates that the Main Street/College Street intersection does not operate in coordination with
other traffic signals when the existing signal timing illustrates that it does.
Here is asummary of some of the obvious discrepancies between the existing signal timing and the TIS:
Signal Timing
Parameter
Existing Signal
Timing (seconds)
Traffic Impact Study
(seconds)
Weekday PM Peak
Hour Cycle Length 120 146
Signal Coordination Coordinated Uncoordinated
Phases 1,3,5,7 Yellow
Time 3.0 2.0
Phases 2,6 Yellow
Time 4.3 2.0
Phases 4,8 Yellow
Time 3.6 2.0
Phases 2,6 All Red
Time 2.7 1.0
Phase 4,8 All Red
Time 3.0 1.0
Phase 2Pedestrian
Don't WalkTime 31 11
Phase 4Pedestrian
Don't WalkTime 19 11
Phase 6Pedestrian
Don't WalkTime 27 11
Phase 8Pedestrian
Don't Waik Time 24 11
Almost exclusively, utilizing the factors as presented in the TIS will result in better operations than would
actually exist in the real world.
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We're not aware of methodology or practice that would result in an analyst adjusting these particular
factors in order to "correlate" more "precisely with the observed traffic signal timings at this location" or
"to match the actual field conditions" as suggested in the TIS. Such apractice would result in exactly the
opposite. The parameters used in the TIS ensure an inaccurate traffic analysis not based in reality. There
would be no way to achieve reliable results with the traffic signal timing utilized in the TIS. The TIS does
not provide reliable results of intersection operations at Main Street/College Street nor does it provide
reliable queuing results.
The TIS microsimulation model was calibrated
ATS states that our assertion that the TIS microsimulation was not calibrated "...is not correct. Signal
timing and vehicle flow modifications were made to ensure that the Synchro simulations for delay and
vehicle queuing matched the field observations."
Later, ATS notes that when evaluating the roundabout "The only way to accurately evaluate this is with a
microsimulation available in Synchro."
First of all, Synchro is not amicrosimulation tool, it is amacroscopic tool. SimTraffic was the
microsimulation tool that was utilized in the TIS. There are many parameters within SimTraffic that
require asignificant amount of field review and adjustment in SimTraffic to ensure areliable SimTraffic
microsimulation model.
It is unclear what is meant by "vehicle flow modifications" as this is not explained in the TIS or response
letter.
As noted earlier, one of the most basic elements that would go into building areliable macroscopic (like
Synchro) or microsimulation model (like SimTraffic) would be to utilize the existing traffic signal timing. It
is clear that the TIS did not even take that basic step and there isn't any way, except by pure chance, that
the microsimulation model would accurately predict results based on the huge discrepancies between
the actual signal timing and what was used in the TIS.
There are many elements and steps to the calibration of amicrosimulation model that are not
mentioned in the TIS or response letter. Calibration requirements go well beyond the basic signal timing
step.
We'll note again that per the Federal Flighway Administration regarding microsimulation models that
"...without calibration, the analyst has no assurance that the model will correctly predict traffic
performance for the project. Calibration is the adjustment of model parameters to improve the model's
ability to reproduce local driver behavior and traffic performance characteristics. Calibration is
performed on various components of the overall model...The importance of calibration cannot be
overemphasized..."
The roundabout solution is not perfect, but addresses an existing problem
The TIS provides no evidence that "Queuing from the Main Street/College Street intersection into the
mall property already occurs regularly causing congestion and safety problems at the intersection" as
reported in the ATS response letter. The TIS provides no analysis of existing queuing at the Main
Street/College Street intersection or the internal intersection slated for the roundabout.
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295
The existing internal mall intersection configuration provides stop control to those drivers exiting the
mall and allows inbound traffic from Main Street to flow freely. This control protects queues from
backing onto the public road system. However, the TIS plainly illustrates that the Main Street/College
Street intersection queues will spill into the proposed roundabout, thereby creating aproblem. The
applicant does not dispute that queues from the Main Street/College Street intersection will queue into
the roundabout. This situation could certainly result in queues spilling back from the roundabout to the
Main Street/College Street intersection, especially during peak holiday months.
ATS notes that "the intent of the traffic analysis and simulation was to determine if the roundabout
could provide better traffic flow characteristics than the existing intersection configuration." As we have
established, the TIS analysis is not reliable in numerous ways. The correction of trip generation issues in
the TIS will result in changes to the anticipated queuing. It is not possible to determine, based on the
information submitted, that the "roundabout could provide better traffic flow characteristics than the
existing intersection configuration."
The TIS provides no evidence that the existing intersection configuration causes "congestion" or "safety"
issues. While the proposed roundabout may improve operations on-site, the TIS provides evidence that
operations may worsen for the public road system via queuing at the roundabout that may extend
queues to the Main Street/College Street intersection especially during holiday peaks.
It should be noted that the TIS itself identifies:
"vehicle queues backing up from the traffic signal at Main Street could potentially stop vehicles
within the roundabout and impair the roundabout operations. The worst-case scenario under this
condition would be if the roundabout became inoperable due to the southbound vehicle queue
at Main Street and vehicles could no longer enter the Mall from the Main Street approach,
potentially backing traffic into Main Street, which would be extremely undesirable."
Again, we agree this situation would be extremely undesirable and should be avoided at all costs.
Acknowledging aproblem, ATS adds in their response letter that "Providing additional lanes near the
roundabout could also be of valuable (sic) to ensure that traffic can continue to flow out of the
roundabout if and when congestion occurs as suggested within the TIS." It is unclear what this statement
is meant to accomplish. The TIS fails to provide any analysis of this suggestion nor provides any
suggestion that "additional lanes" would be constructed, nor does the TIS or the applicant provide any
conceptual drawing to illustrate this undefined mitigation.
As established earlier, the analysis of the Main Street/College Street intersection and the queues
generated at the intersection are not reliable for several reasons, so the queue analysis should not be
relied upon. The trip generation presented in the TIS is not based upon industry standard and
significantly more traffic than analyzed will be generated by the proposed development. The traffic
impact study is not based upon the current traffic signal timing at the Main Street/College Street
intersection. Traffic volumes within the mall were not adjusted for COVID traffic volumes, possibly
undercounting future traffic volumes. Lastly, it does not appear that the microsimulation model was
calibrated.
Consideration should be given to evaluating the peak mall conditions in the context of determining the
adequacy of the roundabout solution on-site as this solution may have adetrimental effect on Main
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296
Street. No analysis was performed for highest trip generation time period, the holiday season. At a
minimum, the Saturday peak hour should be considered, as shopping centers typically generate more
traffic during the Saturday peak hour than the weekday PM peak hour.
Traffic queuing onto Main Street would be highly undesirable and possibly unsafe. It is likely that the
existing internal intersection configuration, which favors traffic entering from Main Street, will not ever
queue traffic onto Main Street, while the proposed roundabout could very well create this situation.
While the proposed roundabout may improve operations for those within the mall, it may worsen
operations for the traveling public creating amore difficult problem to mitigate.
A2037 buildout year would not result in significantly different results
The ATS response letter provides:
"The review (sic) felt it necessary to point out the estimated future analysis year for the project
should have been 2036 or 2037 instead of the future projection year of 2035 used in the traffic
report. While the actual full buildout year of the property is not currently known, doing the
projected future analysis of traffic conditions for 2035 vs 2037 would provide nearly identical
results."
BMC Section 38.400.060(B)(4) clearly states that "A development shall be approved only if the LOS
requirements are met in the design year, which shall be aminimum of 15 years following the
development application review or construction of mitigation measures if mitigation measures are
required to maintain LOS." Per the BMC, this analysis is required, yet still has not been provided. ATS
does not argue that an analysis year of 2037 is incorrect, but instead takes the approach that analyzing
for year 2037 is insignificant over analyzing for year 2035. ATS offers no evidence to support their claim
that this is insignificant.
Assuming that the development is constructed and mitigation would be implemented in 2022, the BMC
requires an analysis based on the year 2037. The TIS reports that "Historic traffic data was obtained from
MDT to review the growth trends on Main Street and College Street. Traffic volumes along these road
segments has increased 3% annually over the last ten years." It is important to account for the additional
traffic growth that is expected to occur as analyzing for ayear of 2037 would result in an additional six
percent (6%) growth on the system. We do not agree that additional 6% traffic is insignificant.
The traffic counts are adequate
ATS notes that "The 2018 MDT data remains the best information available for use in this traffic
analysis." This intersection data is adequate in addressing the Main Street/College Street intersection
except that it omits pedestrian, bicycle, and truck data, which are standard inputs into aHighway
Capacity Manuai based analysis.
As evidenced by Appendix Aof the TIS, atraffic count was conducted at the internal mall intersection
where the roundabout is proposed in October of 2020. No adjustments were made to account for
decreased traffic at that intersection in association with the COVID-19 outbreak. Assuming that mall
traffic does increase to pre-pandemic levels, the traffic counts at the interior mall intersection likely
undercount traffic. It is unusual to not adjust traffic to pre-pandemic levels.
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The response letter fails to address the lack of evidence of traffic counts conducted at the Main
Street/West Approach. The TIS references traffic counts that were collected at the westernmost
driveway in September 2020. However, the TIS provides no evidence that these traffic counts were
performed. Traffic impact studies typically include the raw traffic count sheets, yet none were included
for these two traffic counts.
ATS notes that "Bicycle and pedestrian data was not included in the analysis because these values were
observed to be very low during the study. Truck traffic was included in the MDT data and used in the LOS
analysis."
All of the traffic counts that were provided in the TIS failed to include trucks, buses, pedestrians or
bicycle volumes. This is unusual. All of these users of the transportation system can have an effect on the
intersection operational analysis and are inputs of the Highway Capacity Manual methodology.
Other Issues
In our April 10, 2021 letter, we noted that BMC 38.400.060(B)(4) requires the traffic analysis to be based
upon the "...most recent edition of the Highway Capacity Manual..." The 6“’ edition is the current version
of the Highway Capacity Manual ("HCM"). It is clear that the traffic analysis is not based upon the 6
edition of the HCM. Appendix Cof the TIS very clearly illustrates that at least portions, possibly all, of the
analysis are based upon HCM 2010, the previous version of the Highway Capacity Manual, which was
phased out in 2016. ATS failed to address this issue in their response letter.
th
ATS notes that Greenlight Engineering "lacks an overall familiarity with the history of this area, current
and projected traffic conditions within Bozeman, and detailed information about the on-the-ground
conditions within the study area." Whiie that may be true, none of these critiques are relevant to our
review of the TIS. Additionally, the TIS fails to provide information integral to the review of atraffic
impact study based on the BMC or industry standard. We are quite familiar with the BMC and have
provided numerous references in which the application and TIS fall short of clear and objective
requirements. Additionaily, we are very familiar with industry standard and practices and have clearly
laid out how the TIS falls well short.
ATS further notes that "While some of the finer points of the traffic analysis could be up for debate from
an academic perspective, none of the comments or issues presented by the reviewer would make a
meaningful impact on the results of the traffic impact analysis prepared for this project." Again, we
disagree wholeheartedly with that characterization. We have illustrated how the TIS fails in numerous
regards to foilow industry standard practice and comply with the BMC. There are numerous errors and
omissions in this TIS that make the TIS unreliable. Corrections to the TIS such that the TIS is compliant
with the BMC and industry standard could have wide ranging implications on the outcomes of the TIS.
Lastly, ATS notes that "We feel that the original 2020 TIS as presented provides reasonable and accurate
information and would be happy to share additional details of the traffic simulation with the City to help
clarify the benefits of using aroundabout for this project." We would appreciate the opportunity to
review additionai detaiis of the traffic simulation when they are available.
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Conclusion
The city decision fails to provide evidence or findings sufficient to establish compliance with
transportation related BMC criteria.
The TIS contains numerous errors and omissions that result in inconsistency with City of Bozeman
requirements and/or industry standard. The ATS response letter does little to rectify the issues. The TIS
establishes that intersections will not meet the city mobility standard, yet no mitigation is proposed. The
TIS relies on trip generation that is not based on industry standard or supported by evidence, and results
in an under counting of the trips generated by the proposed development. The analysis is not based
upon the existing signal timing and the intersection analysis cannot be relied upon. There is evidence
that queues at the Main Street/College Street intersection will queue Into the proposed roundabout.
Should you have any questions, feel free to contact me at 503-317-4559.
Sincerely,
-flui.
Rick Nys, P.E.
Principal Traffic Engineer
★*.★.
:RICHARD M. \
NYS
No. 59700 PE
/h
£NS'^^-
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Appendix A
Traffic Signal Timing
Main Street/College Street
300
P H A S E D I A G R A M - C O L L E G E & M A I N
CQ
CLP P B i l l i P P B Clk\
h
h
h
1 ‖H H
t QQ
CL
CL
01 i) A
CQ
Q_Wir
CL i
k h h
I-
T1CDPPBJ J P P B CL
CL
05 06 07 08
301
3/8/2021
4:02:09PMSEPAC ECOMAll Data
Intersection Name: Main &College
A c c e s s D a t a
Intersection Alias: MainCoIlege
Channel:Access Code: 9999 Address: 1
1:1200 Baud
Revision: 3.55d IPAddress: 192.168.122.643:1200 Baud
Phase Initialization Data
8Phase1234567 9 10 11 12 13 14 15 16
Initial 1-lnact 2-Red 1-Inact 1-Inacl 1-lnacl 2-Red 1-Inact 1-Inact 0-None 0-None 0-None 0-None 0-None 0-None 0-None 0-None
P H A S E D A T A
Vehical Basic Timines
Min
Phase Green Passage Maxi Max2 Yellow Red
Mise Timings Pedestrian TiminusW a l k W a l k
Green Yellow Offset Offset B i k e B i k e
Delay Delay Time Mode Green Psg
Actuated
Ped Alt Ped Flash Ext Rest in
W a l k C l r W a l k C l r W a l k P e d C I r W a l k
Alt
All
Phase Data Bank:1
0 O-Advanee
0-Advance
O-Advance
0-Advajice
0-Advance
O-Advance
0-Advance
0-Advance
0-Advance
0-Advance
O-Advanee
O-Advanee
0-Advance
O-Advance
0-Advance
0-Advance
NoI53.0 15 20 3.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 No 0
2253.0 4.3 2.7 0.0 0 0.0 0.0
0.0 0.0
7 0 No45500.0 31 0 No 0
3 5 3.0 20 30 3.0 0.0
3.6 3.0
3.0 0.0
0.0 0.0 0 0 0 0 No 0 No0
4 7 3.0 30 40 0.0 0.0 0 0.0 0.(7 19 0 No No00
5 5 3.0 20 30 0.0 0.0 0 0.0 0.0
0.0 0.0
0.0 0.0
0 0 0 No 0 No0
6253.0 35 40 4.3 2.7 0.0 0.0 0 7 27 0 0 No No0
7 5 3.0 20 30 3.0 2.5
3.6 3.0
3.0 0.0
3.0 0.0
0.0 0.0 0 0 0 0 No 0 No0
7 3.0 40 45 0.0 0.0 0 0.0 0.0
0.0 0.0
7 24 0 0 No 0 No
90 0.0 0 0.0 000.0 0 0 0 0 No 0 No
10 0 0.0 0 0.0 0.0 0 0.0 No00.0 0 0 0 0 No 0
0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.(0 0 0 0 No 0 No0
12 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0 0 0 0 No No00.(0
13 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0 0 0 No 0 No0
01400.0 0 0 3.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 No 0 No
15 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0 0 0 0 No 0 No
16 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.(0 0 0 0 No 0 No
Phase Data Bank:2
I 5 3.0 15 20 3.0 0.0 0.0 0.0 0 0-Advance
0-Advance
O-Advanee
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0.0 0.0 0 0 0 No 0 No0
2253.0 45 50 4.3 2.7 0.0 0.0 0 0.0 0.(7 31 0 0 No 0 No
3 053.0 20 30 3.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 No 0 No
3.0 30 40 3.6 3.0 0 0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
0.0 0.0
No No470.0 0.0 7 19 0 0 0
5 5 3.0 20 30 3.0 0.0 0.0 0.0 0 0 0 0 0 No 0 No
6253.0 35 4.3 2.7 0.0 0.0 0 7 27 0 0 No No400
7 5 3.0 20 30 3.0 2.5 0.0 0.0 0 0 0 0 0 No 0 No
8 7 3.0 40 45 3.6 3.0 0.0 0.0 0 7 24 0 0 No 0 No
9 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0 0 0 0 No 0 No
3.0 0 0-Advance No1000.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 No 0
0 O-Advanee
O-Advanee
0-Advance
0-Advance
0-Advance
0-Advance
0 0.0 0 0 3.0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 No 0 No
12 0 0.0 0 0 3.0 0.0 0.0 0 0.0 0.0 0 0 0 0 No 0 No0.0
13 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0 0 0 0 No 0 No
14 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0 0 0 0 No 0 No
15 0 0.0 0 0 3.0 0.0 0.0 0.0 0 0.0 0.0 0
0.0 0.0 0
0 0 No No00
16 0.0 0 0 3.0 0.0 0.0 0.0 0 0 No No0000
Phase Data Bank:
153.015
225 3.0 4 5
3
20 3.0 0.0 0-Advance
0-Advance
0.0 0.0 0 No0.0 0.0 0 0 0 0 No 0
50 4.3 2.7 0.0 0.0 0 0.0 0.0 7 31 0 No 0 No0
Page Iof22
302
No00-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0.0 0.0 0
0.0 0.0 7
0.0 0.0 0
0 0 0 No 0353.0 20 30 3.0 0.0
3.6 3.0
3.0 0.0
0.0 0.0
0 0 No 0 No30400.0 0.0 0 19473.0
0 0 No 0 No553.0 20 30 0.0 0.0 0 0
No 0 No4.3 2.7 0.0 0.0 0 0.0 0.0 7
0.0 0.0 0
0.0 0.0 7
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
27 0 06253.0 35 40
0 0 No 0 No3.0 20 30 3.0 2.5
3.6 3.0
3.0 0.0
3.0 0.0
3.0 0.0
3.0 0.0
3.0 0.0
3.0 0.0
3.0 0.0
3.0 0.0
0.0 0.0 0 075
0 No No3.0 45 0.0 0.0 0 24 0 08740
0 0 0 0 No 0 No900.0 0 0 0.0 0.0
0 0 0 0 No 0 No10 0 0.0 0 0 0.0 0.0
No00.0 0.0 0 0 0 0 No 000.0 0
No1200.0 0.0 0 0.0 0.0 0
0.0 0.0 0
0 0 0 No 000.0 0
No 0 No1300.0 0 0 0.0 0.0 0 0 0 0
No14000.0 0.0 0 0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0 0 0 No 000.0
0 No1500.0 0 0 0.0 0.0 0 0 0 0 No
No0.0 0 0 0.0 0.0 0 0 0 0 No 016 0
Phase Data Bank:4
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0-Advance
0.0 0.0 0
0.0 0.0 7
0,0 0.0 0
0.0 0.0 7
0.0 0.0 0
0.0 0.0 7
0.0 0.0 0
0.0 0.0 7
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0.0 0.0 0
0 No 0 No153.0 15 20 3.0 0.0 0.0 0.0 0 0 0
2.7 0.0 0.0 0 31 0 0 No 0 No2253.0 45 50 4.3
0.0 0.0 0 0 0 No 0 No353.0 20 30 3.0 0.0 0
No473.0 30 40 3.6 3.0
3.0 0.0
0.0 0.0 0 19 0 0 No 0
No553.0 20 30 0.0 0.0 0 0 0 0 No 0
27 0 0 No 0 No6253.0 35 40 4.3 2.7 0.0 0.0 0
No753.0 20 30 3.0 2.5
3.6 3.0
3.0 0.0
3.0 0.0
0.0 0.0 0 0 0 0 No 0
24 0 0 No 0 No873.0 40 45 0.0 0.0 0
0 No900.0 0 0.0 0.0 0 0 0 0 No0
0.0 0 0 0 No 0 No10 0 0.0 0 0 0.0 0
3.0 0.0 0.0 0.0 0 0 0 0 No 0 No1100.0 0 0
No1200.0 0 0 3.0 0.0
3.0 0.0
0.0 0.0 0 0 0 0 No 0
0 No1300.0 0 0 0.0 0.0 0 0 0 0 No
0 0 0 No 0 No1400.0 0 0 3.0 0.0
3.0 0.0
0.0 0.0 0
0.0 0 0 No 0 No1500.0 0 0 0.0 0 0
3.0 0.0 0.0 0.0 0 0 No 0 No1600.0 0 0 0 0
General Conlrol MiscellaneousVehicle Density Timings No Special Sequence
Time
A d d e d M a x B 4
Initial Initial Redu
C a r T i m e
B4 To Min
Redu Redu Gap
Simu
Non Dual Car Condit Gap
Lock Entr)' Pass Service Out
Last
Non-Act Veh Fed Recall
Response Recall Recall Delay
M i n u s O m i t
Yel CallPh.Omit
Phase Data Bank:1
None
Min
None
None
None
Min
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
0 Yes No No No No 2 0 010.0 0 0 0 0 0.0 None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
0 Yes Yes No No No 0 0 020.0 0 0 0 0 0.0
Yes No 4 030.0 0 0 0 0 0.0 0 No No No 0
0 Yes No No 0 0 040.0 0 0 0 0 0.0 Yes No
0 Yes No No No 6 0 050.0 0 0 0 0 0.0 No
00.0 0 0 0 0 0.0 0 Yes Yes No No No 0 06
0 Yes No No 8 0 070.0 0 0 0 0 0.0 No No
0.0 0 Yes Yes No No No 0 0 080.0 0 0 0 0
090.0 0 0 0.0 0 No No No No No 0 000
0 No No No 0 0100.0 0 0 0 0 0.0 No No 0
No No No No 0 0110.0 0 0 0 0 0.0 0 No 0
No No No No No 0 0 0120.0 0 0 0 0 0.0 0
13 0.0 0 0 0.0 0 No No No No No 0 0 000
000000.0 0 No No No No No 0 0140.0
0 0 0 015 0.0 0 0 0 0 0.0 No No No No No
Page 2of22
303
“T3 'sO OC 0^'●-/» -Ci>K)sOOC'«J«><-/»4i*Wts>05 4 i * U J K )O O 4 i * U ) t s J O ON ?_/i O J K >O OnOQsrrt>
&5u>{/)ViOooooo^
bbQ
ooo
bb
ooooooo
b b > b b b
oooo
bbbob
oooooo
bbbb
o ooooo
bbbbbb
oo
bboo
o
aoo ooo o otNj
to ts &5
&s &5
oo oooooo ooooooooooo oo oo o ooooo o oCO0000
3
7T 7T 7T
OOOOO●●oo oo ooooooo ooo oooooooooooo ooo ooo oo o
4^Is)
ooooooooooooo oooooooooooooooo oooooooooooooooo o
oo oo oooo ooo ooooooo oo oooooooo oooooo o
ooooo
bbbb
oooooooooo
ob■pp oooo
bbb■
oo oo pppp
bbbob
o
o o o ooooo oo oo oo o
ZZZZZZZZZZZZZZoooccococccoco ZZZZZZZZZZZZZZZZccoooocooccoocoo ZZZZZZZZZZZZZZZZopccooocoocoocoo z
3333 3333333333cPcccg33333
Pco
3 333occcc cocccoccoortoaocoo
ZZZZZZZZ:7
Jg== s
ZZZ
goo2?zzzzzzzzzz
COOCOOOCOC
3333333333
OOOOOOOOOO
ZZZZZZZZZZZZZZZZ
ccooogoocooooooo3333333333333333
OOOOOOOOOOOOOOOO
2??I 2I
5' 5 5 5 5' 3
ZZZZZZZZZZ^ZZZeOOCOCCOOCO^OCC^
“------3 = 3g5-35 = 5 -
Z
333_>30000000-^000 33OOOggg 3Ooooooo
zzzzzzzzzzzzzzooocooooooocoo ZZZZZZZZZZZZZZZZ
§§§§§§§§§§§§§§§§
oooooooooooooooo
z
o33333333333333OOOOOOOOOOOOOo
oooooooooooooo ooooooooooooooo oooooooooooooooo o
z
zzzzzz?J^z^z;<;zj<:z z
o
ZZZZZZZZZZZZZZ ZZZZZZZZZZZZZZZZ ZZZZZZZZZZZZZZZZoocoooccooooooco z
o
ZZZZZZZZZZZZZZ
ooccooccococoo
ZZZZZZZZZZZZZZZZ
coooooocoocccooc ZZZZZZZZZZZZZZZZoooooocoococoooo z
zzzzzzzzzzzzzzoooooooooooooo ZZZZZZZZZZZZZZZZOO---.ZZZZZZZZZZZZZZZZoooooooooooooooo z
ooooooooooooo o
OOOOOOOOCOON04i*OK>oooooo OOOCOONO-fi-OtO OOOOOOOOO00O0NO4:^OK)o
oo ooooooo o oo oo ooo ooooo o o
o ooooooooo oooooooooo oooo oooo ooo oo o
304
00
00
None None
None None
0 No No No No No
No No No No No
015 0.0 0
16 0.0 0
0 0 00.0
00.0
None
None00 0 0
Pedestrian Detector Special Detector Phase Assignment
Assign
Phase Mode Phase Extend Delay
Vehical Detector Phase Assignment
Assign
Phase Mode Phase Extend Delay
Assign
Phase Mode Phase Extend Delay
SwitchSwitch Switch
Default Data Default Data SpcDet:2 5 Veh 2
SpcDct:4 7 Veh 0
Spe Det:6 1 Veh 6
SpcDet:8 3 Veh 8
0.0 0
0.0 0
0.0 0
0.0 0
Page 4of22
305
Unit Data
General Control
Startup Time:
Startup State:
Red Revert:
Auto Fed Clr:
Stop TReset:
Alt Sequence:
Special Seq:
I/O Modes:
ABC Input(Entry) Modes: 0
ABC Output(0/STS) Modes: 0
Remote Flash
Test A=Flash5sec
Flash
4.0 sec
Input Output
lt.ing Respons Selection
Ring 1
Ring 2
None
None
Phase Entrs' Exit Default Data
-No Flash1Ring 1
2Ring 2
3None
4None
No
Default Data
-No Flash
No
0
0-Standard
Dliipiit(Entry) Modes: 2
DOiitput(0/STS) Modes: 0
OverlapsOverlaps
ABCDEFGH IJKLMNOP
Phase(s)
OverlapsStart Green
ABCDEFGHl
2468
JKLMNOP
Phase(s)
OverlapsStop Green Yel
C D E F G H I
67
KLMNOPABJ
Phase(s)3
OverlapsM i n u s F E D
A B C D E E G H I JKLMNO P
Phase(s)
ABcDEFGHIJKLMNOP
0000000000000000
4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.04.04.04 . 0
0.0 0.0 0.0 0.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.02.02.02 . 0
Trail Green
Trail Yellow
Trail Red
0 0000000000T(i Preempt 0 0 0 0 0
Phase(s)
91011
Ring
1234567 12 13 14 15 16Next
PhasePhase Ring 12 3 4
557722
668856
1 33910 12 13 14 15 16c112gS
|l5cl
4 4
12 3 7
13 4 cj
14 1
25 6
26 7
27 8
2 5
Port 1DataAlternate Sequences
No Alternate
Sequences
Programmed
BIU MessagePort
Status
Basic
Addr 40Det
Default Data
Page 5of22
306
Signal Driver Ouput
Hardware Pins('hannci Control
1-Veh Phase 1
2-Veh Phase 2
3-Veh Phase 3
4-Veh Phase 4
5-Veh Phase 5
6-Veh Phase 6
7-Veh Phase 7
8-Veh Phase 8
18 -Ped Phase 2
20 -Ped Phase 4
22 -Ped Phase 6
24 -Ped Phase 8
33 -Overlap A
34 -Overlap B
35 -Overlap C
36 -Overlap D
17 -Ped Phase 1
19-Ped Phase 3
21 -Ped Phase 5
23 -Ped Phase 7
1-Phase 1RYG
2-Phase 2RYG
3-Phase 3RYG
4-Phase 4RYG
5-Phase 5RYG
6-Phase 6RYG
7-Phase 7RYG
8-Phase 8RYG
10 -Phase 2DPW
12-Phase4DPW
14 -Phase 6DPW
16 -Phase 8DPW
17-Overlap ARYG
18-Overlap BRYG
19 -Overlap CRYG
20 -Overlap DRYG
9-Phase 1DPW
11 -Phase 3DPW
13 -Phase 5DPW
15-Phase 7DPW
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
Dial/Split CycleCoordination Data
General C'oordination Data 1201/1
1201/2Operation Mode: l=Aulo
Coordination Mode: 0=Peimissive
Maxiniun Mode: 0=lnhihit
Offset Mode: 0=Beg Gm
Koree Mode: l=Cycle
Max Dw ell Time: 0
Manual Dial: 1
1201/3Manual Split: 1
Manual Offset: 1 1201/4
1402/1Correetion Mode: 2=Short Way Vield Period: 0
1402/2
1503/1
Page 6of 22
307
Split Times and Phase Modes
Dial 1/Split 1
Ph. Splits Ph. Mode Ph. Splits Ph. ModePh. Splits Ph. Mode Ph. Splits Ph. Mode
l=Coordinate
l=Coordinate
315 0=Actuated
722 0=Actuated
445 0=Actuated
38 0=Actuated
10 0=Actuated
10 0=Actuated
250
650
1
5
Dial 1/Split 2
Ph. Splits Ph. Mode Ph. Splits Ph. ModePh. Splits Ph. Mode Ph. Splits Ph. Mode
245 l=Coordinate
645 I=Coordinate
315 0=Actuated
722 0=Actuated
445 0=Actuated
838 0=Actuated
115 0=Actuated
515 0=Actuated
Dial 1/Split 3
Ph. Splits Ph. Mode Ph. Splits Ph. ModePh. Splits Ph. Mode Ph. Splits Ph. Mode
I15 0=Actuatcd
515 0=Actuated
Dial 1/Split 4
Ph. Splits Ph. Mode
246
646
I=Coordinate
l=Coordinate
326
721
0=Actuatcd
0=Actuated
433 0=Actuated
38 0=Actuated
Ph. Splits Ph. Mode Ph. Splits Ph. Mode Ph. Splits Ph. Mode
115 0=Actuated
515 0=Actuated
Dial 2/Split 1
Ph. Splits Ph. Mode
246 l=Coordinate
646 l=Coordinate
326
721
0=Actuated
0=Actuated
433 0=Actuated
838 0=Actuated
Ph. Splits Ph. Mode Ph. Splits Ph. Mode Ph. Splits Ph. Mode
259 l=Coordinate
659 l=Coordinate
115 0=Actuated
515 0=Actuated
Dial 2/Split 2
Ph. Splits Ph. Mode
320 0=Actuated
728 0=Actuated
446 0=Actuated
838 0=Actuated
Ph. Splits Ph. Mode Ph. Splits Ph. Mode Ph. Splits Ph. Mode
115 0=Actuated
515 0=Actuated
Dial 3/Split 1
Ph. Splits Ph. Mode
262 l=Coordinate
662 l=Coordinate
325
725
0=Actuated
0=Actuated
438 0=Actuated
38 0=Actuated
Ph. Splits Ph. Mode Ph. Splits Ph. Mode Ph. Splits Ph. Mode
115 0=Actuated
515 0=Actuated
257 l=Coordinate
657 l=Coordinate
325
740
0=Actuated
0=Actuated
453 0=Aetuated
838 0=Actuated
T r a f fi c P l a n D a t a
Ollsel Time: 1 Rg 2Lag Time: 0
Correction Mode: 0=No
Rg4 Lag Time: 0Alternat Sequence: 0
Special Function: 0
Fig 3I.ag Time: 0Plan: 1/1/1
Mode: 0=Nonnal
OFTsetTime: 1
Mode: 0=Nomial
Alternat Sequence: 0
Special Function: 0
Rg 2l.agTime: 0
Correction Mode: 0=No
Rg 3l.ag Time: 0 Rg 4l^ag Time: 0I’lan: 1/2/1
onset Time: 1
Mode: 0=Normal
Alternat Sequence: 0
Special Function: 0
Rg 2l.ag Time: 0
Correction Mode: 0=No
Rg 4Lag Time: 0Ft.g 3l.agTime: 0Plan: 1/3/1
onset Time: 1
Mode: 0=Normal
Alternat Sequence: 0
Special Function: 0
Rg 2l.ag Time: 0
Correction Mode: 0=No
Rg 3Lag Time: 0 Rg 4Lag Time: 0Plan: 1/4/1
onset Time: 124 Alternat Sequence: 0
Special Function: 0
Rg 2Lag Time: 0
Correction Mode: 0=No
Rg 3Lag Time: 0 Rg 4l.ag Time: 0man: 2/1/1
Mode: 0=Normal
OFTsetTime: 124 Alternat Sequence: 0
Special Function: 0
FTg 2l.ag Time: 0
Correction Mode: 0=No
Rg 3l.ag Time: 0 Rg 4Lag Time: 0Plan: 2/2/1
Mode: 0=Nonnal
onset Time: 140
Mode: 0=Nomial
Alternat Sequence: 0
Special Function: 0
Rg 2Lag Time: 0
Correction Mode: 0=No
Rg 3l.ag Time: 0 Rg 4l.ag Time: 0Plan: 3/1/1
Local TBC Data Equate Da> s
234 56 7
Source
DayCycle Zero Reference Hours: 24 Min: 0Start of Daylight Saving M o n t h : 3 W e e k : 2
End of Daylight Saving M o n t h : 11 W e e k : I 7000000
34560002
Page 7of22
308
T r a f fi c D a t a
P H A S E F U N C T I O N
9U)1 34567 ii 12 13 14 15 16Event Day Time D/S/0 flash 1
I 9:30 1/3/1
2 11:15 2/2/11
3 16:0 1/4/1
4 19:30 0/0/41
5 2 7:15 1/1/1
11:15 2/1/162
7 2 15:30 3/1/1
8 2 18:0 1/2/1
9 2 20:0 0/0/4
AUX. Events
Det. Del. Del.
Au.\ Ouputs Diag. Rpl. Multi00
Hour Min. I2 3 D 1 D 2 D 3 D i m m i n g I 2
Speeial Function Outputs
345678
Program
DavEvent
□□□□□□□□
Default Data -No Special Day(s) or Week(s) Programmed
Special Functions
Function
Special Function 1
SFiSF2^ SF4SF5 SF6SF7 SF8 SF9 SFIO SFll SF12 SF13 SF14 SF15 SF16
X
Special Function 2
Special Function 3
Special Function 4
X
X
X
Special Function 5 X
Special Function 6
Special Function 7
X
X
Special Function 8 X
Phase Function
PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PFI6
Phase 1Max2 X
Phase 2Max2 X
Phase 3Max2 X
Phase 4Max2 X
Phase 5Max2 X
Phase 6Max2 X
Phase 7Max2 X
XPhase 8Max2
Page 8of22
309
Phase Omit PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Phase IPhase Omit X
XPhase 2Phase Omit
XPhase 3Phase Omit
XPhase 4Phase Omit
Phase 5Phase Omit X
Phase 6Phase Omit X
XPhase 7Phase Omit
Phase 8Phase Omit X
Ped Omit PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PFl 2PFl 3PFl 4PFl 5P F l 6
PFlVeh Pet Coord ReSvc PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Function Phase Recall
PF16PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 P F l 5
Phase Min Recall PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Veh Pet Ped Recall PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PFI4 PF15 PF16
Veh Pet Bike Recall PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PFl 2PFl 3PFl 4 P F l 5 P F l 6
Vehicle Function
Veh Pet Switch Omit PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Veh Pet Switch Now PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Veh Pet Switch Also PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Overlap Function
PFl PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PFIO PFll PF12 PF13 PF14 PF15 PF16
Dimming Data
Default Data -No Dimming Programmed
Page 9of22
310
Lane Deflnation
Green
Inbound
Yellow
Inbound
Red Green Yellow
Outbound Outbound
L a n e s N a m e
Inbound
Default Data -Lane Deflnation
p r o g r a m m i n u t e L a n e P h F u np r o g r a m d a y p r o g r a m h o u r
Preemption Data
General Preemption Data
Flash >Preempt
Preempt 1=Preempt 2
Preempt 2>Preempt 3
Preempt 3=Preempt 4
Preempt 4=Preempt 5
Preempt 5=Preempt 6
Select n^etum
Dwell Ped
Red Green Clear Yel Red
Link Preempt Timers De Track&Ba M a x L o c k - B o u n G a l e M i n P e d
P m p l D e l E x t D u r C a l l O u t c e E x t G | W C l e a r Ye l R e d G m P e d Ye l
Sel Ret
Mode
to
o
a.
1N0 0 0 0.0 00000.0 0.0000 000.00.0
000.00.0
000.0 0.0 FAut
2N0 00 0 0 0.0 00000.0 0.00 000.0 0.0 FAut
3N0 0 0 0 0 00.000016 4.33.0 10 0 3.0 0.0
FAut100.0 0.0
4N0 0 0 0 00.000016 4.33.00 10 0 3.0 0.0
10 0 3.0 2.5
10 0 3.0 0.0
FAut100.0 0.0
5N0 0 0 00.000016 4.33.000100.0 0.0 FAut
6N0 00 0 0 0 0.0 0 0 0 16 4.3 3.0 00.0 0.0 FAut
Preempt 1
Exit Exit
Phase Phase Calls Phase Phase Calls Phase phase Calls
Preempt 2 Preempt 3 Preempt 4
Exit Exit
Phase Phase Calls
Preempt 5
Exit Exit
Phase Phase Calls
Preempt 6
Exit Exit
Phase Phase Calls
Exit ExitExit Exit
2 Ye s N o
6 Ye s N o
2 Ye s N o
6 Ye s N o
4 Ye s N o
Ye s N o
4 Ye s N o
8 Ye s N o
Priority Timers
P r i o N o n - D e l E x t F r e e F r e e M i n
rity Locking ay end Dial Split Green
N o L o c k L o c k
L o c k o u t o u t
out AB
Excl-co
Phase
Svc.
Transit OverlapM a x P r e -
Green Green Recall Signal Type Blankout
No 004
004
004
004
004
004
00
00
00
000
40000
40000
40
40
40
0 0.0 0-None
0.0 0-None
0.0 0-None
0.0 0-None
0.0 0-None
0.0 0-Nonc
0-None,0-No Output
O-None.O-No Output
O-None.O-No Output
0-None,0-No Output
0-None,0-No Output
0-None,0-No Output
No 0-None,0-No Output
0-None,0-No Output
0-None,0-No Output
0-None,0-No Output
0-None,0-No Output
0-None,0-No Output
1
No2 0 No
3No 0 No
No 4 0 No4
5No
6No
No
No
Page 10 of 22
311
Priority Detector Channels
Priority
Detector
1
1A 2A 3A 4A 5A 6A B C X
Channel 0 0 0 0 0 0 0 0 0
Priority
Detector
2
1A 3A 4A 5A 6A B C X2A
Channel 0 0 0 0 0 0 0 0 0
Priority
Detector
3
1A 2A 3A 4A 5A 6A B C X
Channel 0 0 0 0 0 0 0 0 0
Priority
Detector
4
B C1A2A3A4A5A6A X
Channel 0 0 0 0 0 0 0 0 0
Priority
Detector
5
1A 2A 3A 4A 5A 6A B C X
Channel 0 0 0 0 0 0 0 0 0
Priority
Detector
6
B C1A2A3A4A5A6A X
Channel 0 0 0 0 0 0 0 0 0
Page II of22
312
Priority Fixed Phases
Priority 1
9 1012345678 11 12 13 14 15 16
Co-Phase
QJ-Phase
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
P r i o r i t y 2
1 2 3 6 8 9 10 11457 12 13 14 15 16
Co-Phase
QJ-Phase
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 00
Priority 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Co-Phase
QJ-Phase
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
P r i o r i t y 4
1 92345678 10 11 12 13 14 15 16
Co-Phase
QJ-Phase
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 00000 0 0 0 0 0 0 0
P r i o r i t y 5
1 2 3 6 7 8 9 10 1145 12 13 14 15 16
Co-Phase
QJ-Phase
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0000 0 0 0 0
P r i o r i t y 6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Co-Phase
QJ-Phase
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Legend:0 1
CO-PHASE
QJ-PHASE
F A L S E T R U E
Page 12 of 22
313
Priority Bank
Priority
Priority Bank : 1
Partial Priority
1
Level 0
Full Priority Recovery
Ait Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
Ped Wait
PedOverride
0 0-Normal
0-CycleFalse0
0 False 0
0 0
0-Min
8 9 101234567 11 12 13 14 15 16
Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 000
0 0 0 0 0 00000 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
Priority Bank : 2
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
0 Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
1 2 3 4 5 6 7 8 9 10 11 12 13 161415
0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 000
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 00 0 0 0 0
Level 0Priority Bank : 3
Partial Priority Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
False 00
0 0
0-Min
1 2 3 5 6 7 8 9 10 11 12 13 14 15 164
0 00000000 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 00000
0 00000000 0 0 0 0 0 0 0
Page 13 of 22
314
Priority Bank : 4
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
1 2 3 6 7 8 9 10 11 12 13 14 1545 16
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 000000 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Priority
Priority Bank: 1
Partial Priority
2
Level 0
Full Priority Recovery
Ait Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
False 00
0 0
0-Min
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 000
0 0 0 0 000000 0 0 0 0 0 0
Level 0Priority Bank : 2
Partial Priority Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
0 False 0
0 0
0-Min
8 91234567 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0 00000Exit Call
Phase Omit
Ped Omit
Recovery
0 0 00000000 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0000000000
Priority Bank; 3
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled False
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0-Normal
0-Cycle
0
0
False0 0
0 0
0-Min
1 3 5 6 7 8 9 10 11 12 13 14 15 1624
0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 00000
0 0 0 0 0 0 0 0 0 0000000
000000000 0 0 0 0 0 0 0
Page 14 of 22
315
Priority Bank : 4
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
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Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
0 False Method
Return
PedWait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
1 2 3 6 8 9 10457 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Priority
Priority Bank : 1
Partial Priority
3
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled False
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normai
0-Cycle0
0 False 0
0 0
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8 91234567 10 11 12 13 14 15 16
Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 000000 0 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Priority Bank: 2
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
0 Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
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1 2 3 6 8 9 10 11457 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 000 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Level 0Priority Bank : 3
Partial Priority Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
False0 0
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
Page 15 of 22
316
Priority Bank : 4
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
0 False Method
Return
PedWait
PedOverrIde
0-Normal
0-CycleFalse0
False0 0
0 0
0-Mln
1 2 6 8 9 103457 11 12 13 14 15 16
Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
00000000 0 0 0 0 0 0 0 0
Priority
Priority Bank : 1
Partial Priority
4
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
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PedOverrIde
0 0-Normal
0-CycleFalse0
0 False 0
0 0
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1 6 8 9 1023457 11 12 13 14 15 16
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Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 00000 0 0 0 0 0 0 0
00000000 0 0 0 0 0 0 0 0
Priority Bank : 2
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
Method
Return
PedWait
PedOverride
0 False 0-Normal
0-CycleFalse0
False0 0
0 0
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
Priority Bank : 3
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
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PedOverride
0 0-Normal
0-CycleFalse0
0 False 0
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 000
Page 16 of 22
317
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Priority Bank : 4
Partiai Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
0 False Method
Return
Ped Wait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0
0 00000000 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 000 0 0 0 0 0 0
Priority
Priority Bank: 1
Partial Priority
6
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
0 Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
Ped Wait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0000000 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Level 0Priority Bank : 2
Partial Priority Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
0 False Method
Return
PedWait
PedOverride
0-Normal
0-CycleFalse0
False 00
0 0
0-Min
8 9 101234567 11 12 13 14 15 16
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 00
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Priority Bank; 3
Partial Priority
Level 0
Full Priority Recovery
Alt Seq
Alt Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False0 Method
Return
PedWait
PedOverride
0-Normal
0-CycleFalse0
False0 0
0 0
0-Min
6 8 9 10 11 12 13123457 14 15 16
0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 00000000 0 0 0 0 0 0
Page 18 of 22
319
Level 0Priority Bank : 4
Partial Priority Full Priority Recovery
Alt Seq
All Seq Enabled
Min Walk
Freq. Override
Ped skip
Force full Priority
Frequency
Freq. Level
False Method
Return
PedWait
PedOverride
0 0-Normal
0-CycleFalse0
0 False 0
0 0
0-Min
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
0 0 00000000 0 0 0 0 0 0Exit Call
Phase Omit
Ped Omit
Recovery
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0000
0 00000000 0 0 0 0 0 0 0
Codes:0 X
F A L S E [ R U E
Priority :Priority :Priority :1 2 3
Priority Bank :1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank: 2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank: 3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority :Priority :Priority :4 5 6
Priority Bank :1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank: 1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank: 1
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :2
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank: 3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :3
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Priority Bank :4
Q u e u e P h a s e D e t e c t o r T i m e
Default data
Page 19 of 22
320
1 2Priority :Priority
Bank
Detector
1 Bank
Detector
1
4A 5A 6A BPE1A2A 3A PE 1A 2A 3A
Default Data
4A 5A 6A B
Default Data
Bank
Detector
2 Bank
Detector
2
4A 5A 6A BPE1A2A 3A PE 1A 2A 3A
Default Data
4A 5A 6A B
Default Data
Bank
Detector
3 Bank
Detector
3
PE 1A 2A 3A 4A 5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A B
Default Data
Bank
Detector
Bank
Detector
4 4
4A 5A 6A BPE1A2A 3A PE 1A 2A 3A
Default Data
4A 5A 6A B
Default Data
3Priority Priority 4
Bank
Detector
1 Bank
Detector
1
PE 1A 2A 3A
Default Data
4A 5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A B
Bank
Detector
2 Bank
Detector
2
4A 5A 6A BPE1A 2A 3A
Default Data
PE 1A 2A 3A
Default Data
4A 5A 6A B
Bank
Detector
3 Bank
Detector
3
PE 1A 2A 3A
Default Data
4A 5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A B
Bank
Detector
Bank
Detector
44
PE 4A 5A 6A B PE 4A 5A 6A B1A 2A 3A
Default Data
1A 2A 3A
Default Data
5 6PriorityPriority
Bank
Detector
1 Bank
Detector
1
PE 4A 5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A B1A 2A 3A
Default Data
Bank
Detector
2Bank
Detector
2
5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A BPE1A 2A 3A
Default Data
4A
Bank
Detector
3 Bank
Detector
3
5A 6A B PE 1A 2A 3A
Default Data
4A 5A 6A BPE1A 2A 3A
Default Data
4A
Bank
Detector
Bank
Detector
4 4
4A 5A 6A BPE1A 2A 3A
Default Data
4A 5A 6A B PE 1A 2A 3A
Default Data
Preempt 1
Vehical Phases
Dwell
Pedestrian Phases
Dwell
Overlaps
DwellPh. Track C>xle CyclePh Track Ovip Track Cycle Trail Gm
Default DataDefault Data
Preempt 2
Default Data
\'ehieal Phases
Dwell
Pedestrian Phases
Dwell
Overlaps
O v l p . Tr a c k D w e l l
Ph. Track Cycle Ph, Track Cycle Cycle Trail Gm
Default Data Default DataDefault Data
Page 20 of 22
321
Preempt 3
^'chical Phases
D«ell
Pedestrian Phases
Dwell
Overlaps
O v l p . T r a c k D w e l l C y c l e
Ph. Track Cycle Ph. Track Cycle Trail Gm
No TrailCRedFlash Grr No2Red
5Red
Preempt 4
Green
Green
No
Default DataNo
\ehical Phases
Dwell
Pedestrian Phases
Dwell
Overlaps
O v l p . T r a c k D w e l l C y c l e
Ph. Track Cycle Ph. Track Cycle Trail Gm
1Red
6Red
Preempt 5
Green
Green
ARed Flash Grr No No TrailNo
Default DataNo
\'ehical Phases
P h . T r a c k D w e l l
Pedestrian Phases
Dwell
Overlaps
O v l p . T r a c k D w e l l C y c l e
Cycle Ph. Track Cycle Trail Gm
4Red
7Red
Preempt 6
Green
Green
No
Default DataNo Default Data
\'ehical Phases
Dwell
Pedestrian Phases
Dwell
Oserlaps
O v l p . T r a c k D w e l l C y c l e
Ph. Track C)'cle Ph. Track Cycle Trail Gm
3Red
8Red
System/Detectors Data
Local Critical Alarms
Green
Green
No BRed Flash Gn No No Trail
Default DataNo
1st Phone:Revert to Backup; 15
Remote Flash: No
Voltage Monitor: No
2nd Phone:Conllict Flash: No
Premption: No
Local Free: No Cycle Failure: No
Cycle Fault: No
Coord Failure: No
Local Fash: No Coord Fault: No
Special Status 1: No Special Status 2: No Special Status 3: No Special Status 4; No Special Status 5: No Special Status 6: No
Traffic Responsive
System Detector
D e t e c t o r C h a n n e l N a m e
Queue 1S y s t e m W e i g h t
D e t e c t o r s D e t e c t o r s F a c t o r
Q u e u e 2 S y s t e m We i g h t
D e t e c t o r s D e t e c t o r s F a c t o r
Veh/ Average Occupancy
Hr Time(mins) Correction/10 Volume %
Min
Default DataDefault DataDefault Data
Sample Interval:0 Queue: I Input Selection: 0=Average
Detector Failed Level :0
Input Selection: 0=Average
Detector Failed Level :0
Queue:
L e v e l E n t e r L e a v e Dial /Split /Offset
Queue: 2 //
Default Data
\ehieal Detector \’chical Detector Special Detector
Diagnostic Value 0
No Erratic
D e t e c t o r P r e s e n c e A c t i v i t y C o u n t
Diagnostic Value 1
No Erratic
Detector Presence Activity Count
Diagnostic Value 0
No Erratic
Detector Presence Activity Count
MaxMaxMax
Default Data -No Diag 1ValuesDefault Data -Diag 0Values Default Data -No Diag 0Valu
Pedestrian Detector Pedestrian Detector Special Detector
Diagnostic Value 1
No Erratic
Detector Presence Activity Count
Diagnostic Value 0
No Erratic
ActiviU' Count
Diagnostic Value 1
No Erratic
Detector Presence Activity Count
Max
Detector Presence
Max Max
Default Data -No Diag 0Values Default Data -No Diag IValues Default Data -No Diag 1Values
Page 21 of 22
322
Speed Trap
Low Treshold
Speed Trap
High Treshold
Speed Trap Data
Speed Trap:Dial/Split/OfTsel
//
Measurement:
D e t e c t o r 1 D e t e c t o r 2 D i s t a n c e :Default Data
Default Data
V o l u m e D e t e c t o r D a t a
Report Interval
Volume Controller
Detector Detector
N u m b e r C h a n n e l
0
Default Data
Page 22 of 22
323
N1MT
13
Community Development
NOTICING PROCEDURE
Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and
provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision
maker. The applicant is responsible for posting the project site and mailing anotice per the requirements of the Bozeman
Municipal Code (BMC). Public noticing for comment periods or hearings and associated application information, timing, type, and
location is required by law per Section 38.220, BMC. See form N2 Noticing Instructions and Declaration Form on how to notice
your project, send mailings, and post on the project site.
NOTICING CHECKLIST (NON-CERTIFIED MAILINGS)
The following is required materials for applications that do not require certified mail- Site Plan, Master Site Plan, Conditional
Use Permit, Special Use Permit, Variance, Deviation, First Minor Subdivision, Planned Unit Development, Appeals, Zone Map
Amendment, Growth Policy Amendment, Annexation.
1. Completed and signed property adjoiners certificate form Nl.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this
checklist.
NOTICING CHECKLIST (CERTIFIED MATlINGS)
The following is required materials for applications that do require certified mail- Major and Subsequent Minor Subdivisions.
1. Completed and signed property adjoiners certificate form Nl.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically
contiguous (touching aboundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT
CONTIGUOUS.
3. Legible list of full names and addresses of all property owners physically contiguous (touching aboundary) including
recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list
ADJOINER CONTIGUOUS.
PROPERTY OWNER RECORDS
Current property owners of record can be found at the Gallatin County Clerk and Recorder's Office in the Gallatin County
Courthouse at 311 West Main Street Bozeman, Montana.
CERTIFICATION AND SIGNATURES
/
, hereby certify that, to the best of my knowledge, the attached name
and addres^ist of all adjoining property owners (including all condominiu^^qyyn^^^tj^ig_200 feet of the property located at'Z, (a/^^ ^ trijfe and accurate list from the last declared Gallatin County
tax records. Ifurther understand that an inaccurate list may delay review of the project.
DateSjgnatu-i
CONTACT US
phone 406-582-2260
f a x 4 0 6 - 5 8 2 - 2 2 6 3
Alfred M, Stiff Professional Building
20 East Olive Street
planning@ bozeman.net
www.bozeman.net/planning
Bozeman, MT 59715
Revision Date: August 2020Page 1of 1Noticing Checklist 324
June 11, 2021
Property owners within 200’ of 2905 West Main Street, Bozeman, MT 59715
1. Babcock Vista LLC, 1276 N15th Ave, Ste 103, Bozeman, MT 59715
2. Bozeman Holdings LLC ,600 SMain St., Butte, MT 59701
3. Dave Stephens, 1730 23rd Ln NE, Dutton, MT 59433
4. KAM LLC, PC Box 1273, Bozeman, MT 59771
5. Myer Levy, 243 Magdalene Way, Apt. A, Bozeman, MT 59718
6. Entropy317 LLC, 680 Walker Meadow Rd., Whitefish, MT 59937
7. Jack &Barbara Judisch, 230 Slate Rd., Conrad, MT 59425
8. Anthony &Carol Jean Spiegelberg Trust, PO Box 6554, Sheridan, WY 82801
9. Michael &Laura Clark, 279 Magdalene Way, Apt B, Bozeman, MT 59718
10. Gregory &Valerie Tucker Trustees, 5980 WOverland Rd., Meridian, ID
83642
11. Crost Properties LLC, 352 ERiver Rock Rd., Belgrade, MT 59714
12. Aimee Arnaud, 908 Qual Run Rd., Unit D, Bozeman, MT 59718
13. Brent &Kathleen Peyton, 3437 Tschache Ln., Bozeman, MT 59718
14. Outlook Properties LLC, 3119 Western Bluffs Blvd, Billings, MT 59106
15. Ryan John Nelson, 89 Annie Glade, Bozeman, MT 59718
16. Penelope McDougall, 349 Magdalene Way, Apt. C, Bozeman, MT 59718
17. Sandra Sales, 367 Magdalene Way, Apt. A, Bozeman, MT 59718
18. Ronald &Coleen Pack, 95 Indian Creek Rd., Sheridan, MT 59749
19. Robert Kissel, 4651 Troy Ln, La Mesa, CA 91942
Page 1of 2
325
June 11, 2021
20. Charles &Catherine McKennan, 2910 Donna Ave, Bozeman, MT 59718
21. Deborah Hanen, 2904 Donna Ave, Bozeman, MT 59718
22.Jontee Ohanesian, 2826 Donna Ave, Bozeman, MT 59718
23. Alvin &Karla Taylor, 2820 Donna Ave, Bozeman, MT 59718
24. Brett Blackwell, 2814 Donna Ave, Bozeman, MT 59718
25. Rory &Lacey Egelus, 2808 Donna Ave, Bozeman, MT 59718
26. Sergio Sanchez, 2802 Donna Ave, Bozeman, MT 59718
27. Thomas &Peggy Reihman Living Trust, 3320 Sundance Dr., Bozeman, MT
59715
Page 2of 2
326
A1MT
Community Development
PROJECT IMAGE
VICINITY MAPPROJECT INFORMATION
U/^dic
^'(a/ fi ) Q c ^ / S i ^
Project Name:
Project Type(s): .
Street Address:
Legal Description:S’‘F<2
Description of Project:
Current Zoning:
G r o s s L o t A r e a : _ _ _ .
Block Frontage(s): __,
Number of Buildings:
Type and Number of Dwellings;
Building Size(s):
Building Height(s):
Number of Parking Spaces:
Affordable Housing (Y/N):
Cash-in-lieu Parkland (Y/N)
Departure/Deviation Request (Y/N):
SPECIAL DISTRICTS
/VAHj None
North 7th Avenue □Northeast
UNeighborhood Conservation
Downtown
Overlay District:
Urban Renewal District:North Park None
Revision Date: June 2020Page 1of 3Development Review Application
327
A I v J i X i
PROPERTY OWNER
6l 45 C
1
/
Name:
AJ>lI I y ^lyz.Full Address:
Email:
Phone:
3^^^ 5 c/^ -frt 7-^ ^^7■6^ j'fi-(:P'
APPLICANT
Name:
Full Address:
Email:
Phone:
REPRESENTATIVE .
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yt\st\t(aj, <2.at^
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CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete adevelopment
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. Iacknowledge that the City has an Impact Fee Program and impact fees may be
assessed for my project. Further, Iagree to grant City personnel and other review agency representative's access to the subject site
during the course of the review process (Section 38.200.050, BMC). I(We) hereby certify that the above information is true and
correct to the best of my (our) knowledge.
Certification of Completion and Compliance -Iunderstand that conditions of approval may be applied to the application and that
Iwill comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions. na
Statement of Intent to Construct According to the Final Plan -Iacknowledge that construction not in compliance with the
approved final plan may result in delays of occupancy or costs to correct noncompliance.
Applicant Signature: aa
Printed Name:
Name:
Full Address:
Email:
Phone:
Owner Signature:
Printed Name:
Representative Signature:
Printed Name:
Development Review Application Page 2of 3 Revision Date: June 2020 328
CtVEL^ P R;-v\^VI'
APPLICATION TYPE
Check all that apply /vAn1. Administrative Interpretation Appeal
2. Administrative Project Decision Appeal
3. Annexation and Initial Zoning
4. Commercial/Nonresidential COA
r~] 5. Comprehensive Sign Plan
r~1 6. Condominium Review
Ll 7. Conditional Use Permit
8. Extension to Approved Plan
LH 9. Growth Policy Amendment
10. Informal Review
11. Master Site Plan
12. Modification/Plan Amendment
Jj 13. Neighborhood/Residential COA
G14. Pre-application Consultation
15. PUD Concept Plan
FORMFORM
ij 16. PUD Preliminary Plan
17. PUD Final Plan
18. Reasonable Accommodation
19. Site Plan
20. Special Use Permit
iG 21. Special Temporary Use Permit
—i 22. Subdivision Exemption
n23. Subdivision Pre-Application
24. Subdivision Preliminary Plan
25. Subdivision Final Plat
26. Wetland Review
27. Zone Map Amendment
28. Zone Text Amendment
29. Zoning/Subdivision Variance
C3 30. Zoning Deviation/Departure
□31. Other:
PUDPAIA
PUDFPAPA
RAANNX
SPCCOA
SUPCSP
STUPCR
SECUP
PAEXT
PPGPA
FPINF
WRMSP
ZMAMOD
ZTANCOA
Z/SVARNone
NonePUDC
REQUIRED FORMS
Varies by project type
APPLICATION FEE
Varies by project type
CONTACT US
phone 406-582-2260
f a x 4 0 6 - 5 8 2 - 2 2 6 3
Alfred M. Stiff Professional Building
20 East Olive Street
plan ning@bozeman. net
www.bozeman.net/planning
Bozeman, MT 59715
Revision Date: June 2020Page 3of 3Development Review Application
329
MT
CVACommunity Development
Development Review Application COVID-19 Acknowledgment of Application Processing Deiays
On March 13, 2020, the President of the United States issued aProclamation on Declaring aNational
Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak.
On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring aState
of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19.
The City of Bozeman issued aCOVID-19 emergenoy declaration on March 16, 2020. The City subsequently
issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City
facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in
relevant parts, "In accordance with the Emergency Declaration, public meeting agendas will be limited to only
essential matters. ...” It describes notice requirements, the use of videoconferencing or telephonic technology
to hold remote hearings, and providing the public an opportunity to participate remotely. Acopy of Order ED-
05 is attached to this form.
On March 27, 2020 the Attorney General of the State of Montana issued aletter of guidance to local
governments recommending public meetings be held only for essential business, and those public meetings be
held remotely.
Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the
City to complete the review and finally approve certain development review applications.
Acknowledgment and signatures
This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if
different) for all application types before the submittal will be accepted and processed.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code the
City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager.
Iacknowledge that the City may be delayed in the processing of my application and may not
be able to complete the application review within standard time limits due to the constraints
present under the emergency orders. I(We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certification of Acknowledgment -Iunderstand that there may be delays in the processing
of my application and that it may reach apoint in processing where it may not proceed to final
approval and that Iwill not hold the City responsible for any delays presented under the
emergency order.
Applicant
Signature:
Printed
Name;
Owner
Signature:
4-8-20Page 1of 2
330
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 1 of 16
Application No. 20412 Type Site Plan
Project Name Whole Foods & Pad Site Redevelopment
Summary Site plan for the construction of two commercial buildings: one 30,000 square foot
grocery store and one 10,000 square foot pad building with associated parking lot
upgrades at the Gallatin Valley Mall.
Zoning B-2 Growth Policy Regional Commercial &
Services
Parcel Size 37.42 acres/ 9.95 acres with this application
Overlay District(s) None
Street Address 2905 West Main Street, Bozeman, MT 59715
Legal Description S11, T02 S, R05 E, C.O.S. 467A Parcel Tract 1, Acres 37.42, Less HWRY (IMPS Only –
RGG2245 – RGG33539 – RGG42148 – RGG34032 – RGG65797)
Owner Gallatin Mall Group, LLC, 2880 Grant Road, Suite A, Billings, MT 59102
Applicant Koenig Consulting, 280 Fern Lane, Dillon, MT 59725
Representative Grossman Development Group, 405 Cochituarte Road, Suite 302, Framingham, MA
01701
Staff Planner Sarah Rosenberg Engineer Karl Johnson
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
04/07 – 04/22/2021 04/07/2021 04/07/2021 N/A
Advisory Boards Board Date Recommendation
Development Review
Committee
4/2/2021 The application is adequate, conforms to
standards, and is sufficient for approval with
conditions and code provisions
Design Review Board 4/14/2021 Approval
Recommendation Approval
Decision Authority Director of Community Development Date June 1, 2021
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Application 20412
May 28, 2021
Page 2 of 16
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of
the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to
redevelop an existing developed site to permit two commercial buildings within the B-2 zone district. The
purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare,
and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, the
standards of Ch. 38, BMC; and related and supporting standards, and to determine whether the application
should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer
comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory
bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site
Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the Director makes the following
decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the
conditions listed in this report and the correction of any elements not in conformance with the standards of the
Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,
justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable
regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2021 Martin
Matsen, Director of Community Development, approved with conditions this Site Plan for and on behalf of the
City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal
with and paying an appeal fee to the Department of Community Development for the City of Bozeman within 10
working days after the date of the final decision as evidenced by the Director’s signature, following the
procedures of Sec. 38.250.030, BMC.
DIRECTOR OF COMMUNITY DEVELOPMENT
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Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 3 of 16
CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. BMC 38.570.040.G. Building elevations displaying the average footcandles must be submitted prior to
building permit issuance.
ADVISORY COMMENTS
1. DSSP II.B.5 - The storm line running through the site is to be privately owned and maintained. A
drainage report must be submitted with infrastructure review and include a storm drainage
facilities maintenance plan in accordance with DSSP II.B.5.a-c
2. BMC Section 38.270.030 (A.1) Improvements to be dedicated to the public - Improvements to be
dedicated to the public, such as the storm main and water main must be installed in accordance
with the approved plans and specifications by the developer, and certified by a registered
professional civil engineer, licensed in the state, and accepted by the city prior to the approval of
the building permit.
3. DSSP Fire Service Line Standard - The applicant must prepare plans and specifications for any fire
service line in accordance with the City’s Fire Service Line Policy. The plans must be prepared by a
Professional Engineer and be provided to and approved by the City Engineer prior to initiation of
construction of the fire service or fire protection system. The applicant must also provide
Professional Engineering services for construction inspection, post-construction certification and
preparation of mylar record drawings. Fire service plans, and domestic services 4” or larger, must
be a standalone submittal, separate from the site plan submittal. City of Bozeman applications for
service must be completed by the applicant.
4. DSSP V.C Utility Design Criteria - The applicant must prepare plans and specifications for proposed
storm main realignment in accordance with the City’s Utility Design Criteria. The plans must be
prepared by a Professional Engineer and be provided to and approved by the City Engineer prior to
initiation of construction of the storm main.
5. Proposed water line adjustment will require to be tested in accordance with COB design standards.
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Application 20412
May 28, 2021
Page 4 of 16
Figure 1: Current Zoning Map
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Application 20412
May 28, 2021
Page 5 of 16
Figure 2: Site plan
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Application 20412
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Figure 3: Whole Foods Building
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Application 20412
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Figure 4: Whole Foods Building
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Application 20412
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Figure 5: Pad Site Commercial Building
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Application 20412
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Page 9 of 16
ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, plans, public comment, and all other materials available during the review period.
Collectively this information is the record of the review. The analysis in this report is a summary of the
completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall
consider the following:
1. Conformance with Article 1 - Consistency with the City’s adopted
Growth Policy 38.100.040.D
Meets Code?
Growth Policy
Land Use
Regional Commercial and Services Yes
Zoning B-2 (Community Business District) Yes
Comments: The site plan conforms to the zone district and growth policy land use designation as it is
located on a physically large and economically prominent facilities and nearby transportation facilities. The
Gallatin Valley is a regional mall that services the overall community. The redevelopment and addition of
the grocery store and multi-tenant building fit within this development. The property is within the City’s
municipal boundary and service area. The project is a redevelopment of an existing developed site with
incremental greater intensity of use. Staff finds that the project does contribute to the goals of the
Community Plan as set forth in Chapter 2.
2. Conformance with Article 1 - All other applicable laws, ordinances, and
regulations (38.100.080)
Meets Code?
Condominium ownership NA
Comments: There is no condominium ownership affiliated with this project. The development complies with
the regulations outlined in this staff report. See analysis below.
3. Conformance with Article 2, including the cessation of any current
violations (38.200.160) Meets Code?
Current
Violations
None Yes
Comments: There are no current violations on the subject property.
4. Conformance with Article 2 - Submittal material (38.220) requirements
and plan review for applicable permit types (38.230)
Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes
Phasing of development
38.230.020.B
No. of phases: NA NA
Comments: The application meets all the site plan submittal requirements. Public comment was received
questioning the submittal materials. The Development Review Committee has reviewed and found that
the application is within the scope of the standards set by the UDC and that it conforms to the plan
review criteria as outlined below.
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Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 10 of 16
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special
use Permit) 38.230.120
NA
Comments: NA
5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Commercial Yes
Form and intensity standards 38.320
Zoning: B-3 Setback
(feet)
Structures Parking
/
Loading
Yes
Front Block frontage standard, see section 7a
Rear 10 feet 10 feet
Side 5 feet 8 feet
Alley NA NA
Comments: The form and intensity standards set by the B-2 zone district are met with this application.
See section 7a below for block frontage analysis.
Lot
coverage
23% Allowed 100% Yes
Building
height
24’ & 38’ Allowed <3:12
57’
3:12>
66’
Yes
Comments: The grocery store maximum height is 38’. The commercial pad site building height is 24’. Being
located in the regional commercial and service classification, a 50% height increase is allowed.
Applicable zone specific or overlay standards 38.330-40 NA
Comments: NA
General land use standards and requirements 38.350 NA
Comments: There are no encroachments.
Applicable supplemental use criteria 38.360 NA
Supplemental
uses/type
NA NA
Comments: There are no supplemental uses or types with this application.
Wireless facilities 38.370 NA
Affordable Housing 38.380.010 NA
Affordable housing plan NA
Comments: NA
6a. Conformance with Article 4 - Community Design Provisions:
Transportation Facilities and Access (38.400)
Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 Yes
Access easements NA
Level of Service
38.400.060
Yes Transportation grid adequate to serve
site
Yes
Comments: Public comment was received regarding adequacy of the TIS and compliance with standards
after development. The provided TIS identified the intersection of Huffine/Main Street & College may
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Application 20412
May 28, 2021
Page 11 of 16
operate at a level of service (LOS) of “D” during the PM Peak Hours. The existing intersection of Huffine
Lane/Main Street & College Street is considered to be fully constructed to its maximum lane and turning
movement capacity. Per BMC 38.400.060.B.4.a, an exception to the LOS C requirement is granted. An
exception to the LOS C requirement is also granted under BMC 38.400.060.B.4.a for the intersection of
College Street and S 23rd Avenue that is also constructed to its maximum lane and turning lane
configuration. Per BMC 38.400.060.b.4.b.2 an exception to the LOS C requirement is also granted for the
intersections of Huffine Lane/Main Street and Fowler Avenue and Babcock Street and Fowler Avenue.
These intersections are scheduled for reconstruction in FY23 as part of City Capital Improvement Project
SIF 114 Fowler Avenue - Huffine to Oak Street project. The improvements will raise the level of service to
C or better. Any further (re)development on the subject property (Gallatin Valley Mall) may require a
Transportation Impact Study.
Sidewalks 38.400.080 Yes
Comments: A sidewalk along Huffine connects to the grocery store on site. The internal drive aisles
contain 12-foot wide sidewalks. Additional sidewalks are located within the parking lot and meet width
standards.
Drive access 38.400.090 Access to site: 3 Yes
Fire lanes, curbs, signage and striping Yes
Comments: There are three existing access points off Huffine into the mall. A roundabout replaces the
existing “T” intersection from the center access to the site. The roundabout is expected to improve
overall function over the existing T intersection.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar
transportation facilities
Yes
Public transportation 38.400.120 NA
Comments: An existing sidewalk along Huffine connects to the property and additional sidewalks
connect along the drive aisle from the center access. The proposed development does not inhibit the
existing transit access to the site.
6b. Conformance with Article 4 – Community Design Provisions:
Community Design and Elements (38.410)
Meets Code?
Neighborhood centers 38.410.020 NA
Comments: No neighborhood center is required for this project.
Lot and block standards 38.410.030-040 NA
Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: Not applicable as it is already an existing lot.
If the development is adjacent to an existing or approved public park or
public open space area, have provisions been made in the plan to avoid
interfering with public access to and use of that area
NA
Provisions for utilities including efficient public services and utilities
38.410.050-060
Yes
Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes
Other utilities (electric, natural gas, communications) Yes
CIL of water Yes
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Application 20412
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Comments: CIL of water rights was paid for the property per adopted City standards.
Municipal infrastructure requirements 38.410.070 NA
Comments: Adequate municipal sewer and water supply exists for the project.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Comments: Public comment was received on this subject. The area being redeveloped is a lesser portion of
the total site. Review and compliance with current standards is limited to the area of redevelopment. The
development has proposed utilizing an underground stormwater detention facility as well as surface
retention to capture on-site stormwater runoff generated from the development that will address the
stormwater control need for this application and reduce impacts on the existing stormwater system for the
overall site. Based on the information provided by the applicant, engineering concluded that the proposed
stormwater facilities are in accordance and comply with City design standards. It should be noted, that the
existing stormwater facility located on the Northwest corner of the overall subject property (Gallatin Valley
Mall) is not intended to service the proposed development. Any future development applications that
intend to utilize the existing mall stormwater facility will be reviewed at that point in time to ensure City
design standards are satisfied.
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
Comments: There is no watercourse on site.
6c. Conformance with Article 4 – Community Design Provisions: Park and
Recreation Requirements (38.420)
Meets Code?
Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. NA
Cash donation in lieu (CIL) 38.420.030 NA
Improvements in-lieu NA
Comments: There is no residential component to this project so parkland is not required.
Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA
Park/Recreational area design NA
Comments: There is no residential component to this project so parkland is not required
7a. Conformance with Article 5 – Project Design: Block Frontage Standards
(38.510)
Meets Code?
Block frontage classification Mixed, Internal storefront Yes
Departure criteria Entrance facing street Yes
Comments: Huffine Lane’s classification is mixed block frontage with the option to comply with landscape
block frontage. The Whole Foods building meets all block frontage standards set by both with the exception
of the requirement to have a building entrance facing the street. The applicant requests a departure from
this standard. The main entrance faces the internal drive aisle and parking lot to the north. The north side
of the building adheres to the internal storefront block frontage standard.
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Application 20412
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Where a property fronts onto more than one block frontage, each building must be sited and placed on the
property in an order of precedence. Streets take precedence over an internal drive aisle. Therefore, the
code requires the entrance to face Huffine Lane to the south, rather than the internal roadway. Departures
may be considered provided the location and front orientation of the buildings are compatible with the
character of the area and enhance the character of the street. A departure has been requested to allow for
the main entrance to the Whole Foods be located on the north side of the building facing the internal
roadway. The applicant’s justification is a public entrance from Huffine is not feasible from an operational
standpoint and is not pragmatic given that the building is required to be setback 50 feet from the road. The
building sits well below the sidewalk elevation and the nearest curb cut would be approximately 400 feet
away. It is also anticipated that as the mall redevelops, the orientation of pedestrian movement and
connection will change to be inward rather than towards Huffine. Therefore, the applicant states that for
safety and redevelopment purposes, an entrance along the internal roadway meets the intent of the
departure criteria. The DRC is in support of granting this departure.
The multitenant commercial building internal to the property fronts onto an internal roadway to the east
and south. The building meets the standards set by the internal roadway storefront block frontage. There is
a 12 foot wide sidewalk that wraps around the building, adequate façade transparency, entrances that face
the roadway, and weather protection along the majority of the façade. No block frontage departure is
requested for this building.
7b. Conformance with Article 5 – Project Design: Site Planning and Design
Elements (38.520)
Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are integrated
with the organizational scheme of the community, neighborhood, and other
approved development and produce an efficient, functionally organized and
cohesive development
Yes
Relationship to adjacent properties 38.520.030 Yes
Non-motorized circulation and design systems to enhance convenience and
safety across parking lots and streets, including, but not limited to paving
patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: Enhancements to the western side of the existing parking lot contain walkways that connect
the new buildings to the existing mall. Each proposed building site contains direct pedestrian access.
Design of vehicular circulation systems to assure that vehicles can move
safely and easily both within the site and between properties and activities
within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: Internal roadways are located to the north of the Whole Foods building and the east of the
multi-tenant commercial building. Street trees and sidewalks line the internal roadway. The internal
roadway down the center of the development provides a central median and on street parking. A
roundabout links the two internal roadways.
On-site open space 38.520.060 NA
Total required 2% of the site area NA
Total provided NA NA
Comments: While open space is not a requirement for this application, future open space requirements
will be assessed with the continuing development of the mall. The area developed in this application will
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Application 20412
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 152 Yes
Parking requirements residential
38.540.050.A.1
NA
Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential
38.540.050.A.2
152
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 178
Provided on-street NA
Bicycle parking 38.540.050.A.4 7
Comments: The site previously included a restaurant that was recently demolished. With the new uses,
152 parking spaces are required. With the redevelopment of the parking lot, there is still a sufficient
amount of parking to accommodate the new uses and the existing uses. In total, there are 1,734 spaces.
7 bicycle parking spaces are required for the new uses, 36 are provided between the two buildings.
Loading and uploading area requirements 38.540.080 Yes
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height Yes
Additional berth – minimum 45 feet length Yes
Comments: The loading and unloading area for the Whole Foods is located to the west of the building, is
screened appropriately, and allows for adequate maneuverability.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes
Parking lot landscaping Yes
Additional screening Yes
Street frontage Yes
Street median island Yes
Acceptable landscape materials Yes
be considered in future calculations in order to determine the cumulative open space requirements. The
application provides adequate open space for both buildings that does meet the City’s design standards.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Mechanical and utility equipment is screened via landscaping and a screen wall. The trash
enclosure is appropriately screened by landscaping.
7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the
site and the adjacent neighborhoods and other approved development
38.530.030
Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: Both buildings meet building design standards. The Whole Foods building incorporates wood
siding and concrete panels as the primary materials. The south elevation incorporates green screens to
treat the blank wall. Blank wall standards do not apply to the west elevation since it is adjacent to an
existing building that blocks the visibility of it from the public street or pedestrian pathway. The multi-
tenant commercial building incorporates wood siding and composite panel as the primary materials.
344
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 15 of 16
Protection of landscape areas Yes
Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The existing parking lot is enhanced with additional parking lot landscaping. High efficiency drip
irrigation is used throughout the site. Street trees and plantings line the internal roadways.
Landscaping of public lands 38.550.070 NA
Comments: There are no public lands on site.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA NA
Proposed SF/building NA NA
Comments: Signage is not provided with the application. A sign permit is required prior to erecting any sign.
7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes
Building-mounted lighting (supports, cutoff, footcandles, temperature)
38.570.040.B
Yes
Comments: Site lighting meets lighting standards. All proposed lighting is full cutoff. Condition of
approval number 2 requires that elevation lighting is provided prior to building permit issuance to
distinguish that entrance lighting and façade lighting meets standards.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
Wetland regulations 38.610 NA
Comments: There are no wetlands or floodplains on site.
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: Public notice period adhered to standards. Public comment was received mainly in opposition
of the project as follows:
A. Estes: Concerns that the Whole Foods will have large impacts economically, traffic impacts around the
mall area, and environmental impacts to the water resources.
B. Andreasen: Concerns that the Whole Foods will have significant impacts to traffic in the area and
negative impacts on water resources, stormwater runoff, and pollution.
Bozeman Matters: A petition from community members stating concerns that the project will have negative
impacts on the traffic, stormwater runoff and pollution. There is concern that the store will have negative
impacts to local stores and there are already enough grocery stores in Bozeman.
D. Trainor: Opposition to Whole Foods and that the out of state corporations have negative impacts on the
local businesses and culture.
J. Chute: Concerns that the Whole Foods will have negative environmental impacts on the area and that
there are already enough grocery stores.
J. Driskell: Concerns about traffic, parking, and stormwater issues
R. Liebscher: Concerns that out of town businesses will remove the city’s charm and local businesses and
employees will lose their jobs.
R. Mecklenburg: That the project does not have the interests of the community.
S. Perrin: That the project will have a negative impact on local jobs.
345
Staff Report
Whole Foods & Pad Site Plan
Application 20412
May 28, 2021
Page 16 of 16
A letter from MSWD PLLP (K. Wilson) who represents Bozeman Matters provided a letter concerning traffic
and transportation issues and water quality issues. Memos within the letter from HydroSolutions and
Greenlight Engineering are included to reference the concerns with transportation and water quality.
There was one public comment in support of the application.
Staff considered all public comment during its review. Only comments relevant to the development of the
site and the City’s regulations were addressed with this application. Elements of some comments were
outside of the purview of the City and cannot be addressed with this application review.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA
Required easements NA
Comments: NA
346
Page 1 of 2
April 15, 2021 Jamie Anderson 405 Cochituarte Road, Suite 302 Framingham, MA 01701
RE: Whole Foods & Pad Site Redevelopment Site Plan DRB Summary Letter,
Application 20292 This letter is a summary of the comments made at the Design Review Board meeting that took place on April 14, 2021. The DRB recommended approval 7-0. The comments that were expressed from members of the DRB include the following: 1. There are concerns with the traffic flow throughout the site and the bottleneck that could occur between the Whole Foods and roundabout. The DRB recommends evaluating the flow throughout this area. 2. The multitenant building doesn’t seem cohesive with the Whole Foods building. The DRB recommends incorporating building materials, such as wood, to add more warmth and depth to the building. It was mentioned from the applicant team that materials such as brick and wood will be incorporated throughout the site as it redevelops. We recommend incorporating those materials with this phase. City staff agrees with this observation and suggestion as there is concern that the light color material could also produce glare on the site. 3. The west side of multitenant building should incorporate further articulation and detailing to make it look less like the “back of house”. The DRB also recommends adding more landscaping along the west side of the development to be more “inviting.” 4. The buildings along the internal roadway through the center of the site will be some of the most visual buildings within the development. Similar to what is stated above about the materials of the multitenant building, the DRB recommends adding some features that “catch attention or attract viewers” to the building or the site. The DRB also made some comments about the overall site that should be taken into consideration as the mall redevelops. These comments do not need to be referenced with the resubmittal: 1. Really taken into consideration the site arrangement of the pad buildings in the parking area. These buildings should have multiple primary facades and incorporate design and articulation that makes them more inviting from all sides. Ensure that the spaces in between the buildings are places to interact and mingle. 2. Although the emphasis of the pedestrian circulation will be inward, the DRB recommends incorporating some pedestrian spaces towards Huffine. 3. Within the master site plan and design guidelines, ensure that the buildings exhibit architectural variety and sophistication. 4. Consider how the east and west drive entries off Huffine will assist with traffic flow and tie into the internal roadways on the site.
347
Page 2 of 2
With the next resubmittal, please include a response to the comments above in the narrative. You may wish to address them or not as the comments were solely advisory. If you have any questions or concerns, please do not hesitate to contact me at 406-582-2297. Respectfully, Sarah Rosenberg, AICP Associate Planner Cc: Ashley Koenig, 280 Fern Lane, Dillon, VT, 59725 Gallatin Mall Group, LLC, 2280 Grant Road, Suite A, Billings, MT 59102
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369
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Appointment to the Bozeman Area Bicycle Advisory Board
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint Greg Lannon to the Bozeman Area Bicycle Advisory Board
with a term expiring on December 31, 2022.
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:Bozeman Area Bicycle Advisory Board (BABAB) was created by the City
Commission in September 1990 through Resolution 2817. Its purpose is to
recommend safe bicycle practices throughout Bozeman in regard to
enhanced bicycle circulation and design, community-wide bicycle education
and safety programs, and other matters relating to bicycling in the Bozeman
Area.
Bozeman Municiple Code Sec. 2.05.2510 Membership :
A. The bicycle advisory board shall consist up to 11 voting members and one
non-voting liaison to be appointed by the city commission. One member
shall be a student of Montana State University. One member representing
the county may be recommended by the county commission and appointed
by the city commission. One additional non-voting liaison shall be a student
of Bozeman high School. Members of this board shall serve two-year
staggered terms. Each member may be reappointed without any limitation
on the number of reappointments. Vacancies shall be filled in the same
manner as original appointments for balance of the term remaining.
B. With the exception of the non-voting high school liaison, only persons of
legal age may be appointed to the board. High school representatives under
the age of 18 must provide a signed consent from a legal guardian sating
they may participate in board activities. A majority of the board shall be
residents of the city. Nonresident members of the board shall 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, the
370
embers should be knowledgeable of bicycling and/or traffic safety in the
Bozeman area.
The Bozeman Area Bicycle Advisory Board currently has two at-large-voting
vacancies with terms expiring on December 31, 2022. The City Clerk's Office
has received one application.
At Large Voting Member, expiring December 31, 2022 | Qualifies: G. Lannon
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
07-09-21 CAB Application - G. Lannon, new applicant.pdf
Report compiled on: July 12, 2021
371
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Thursday, July 8, 2021 7:55:48 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:07/08/2021 7:55 PM
Response #:353
Submitter ID:40202
IP address:69.145.53.105
Time to complete:49 min. , 47 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
372
First Name Greg
Last Name Lannon
Physical Address 3726 bungalow lane
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 209-4646
Additional Phone Not answered
Current Occupation Retired/Self employed
Employer Self
Email Bpd130@gmail.com
Which position are you applying for?
(○) Bozeman Area Bicycle Advisory Board (BABAB)
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) No
Please explain your relevant qualifications, interests and experiences:
Completed LEBA in 2002. Helped with organizing bike rodeos for child care connection. Knowledgeable
with traffic laws and city ordinances. Enjoy cycling with family and friends.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Tom Riddle
406 579 5269
Tommyjriddle@aol.com
Reference 2
Andy Knight
406 589 5936
aknight@bozeman.net
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
373
Website
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
374
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Appointment to the City Planning Board
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the City Planning Board with a term
expiring on January 31, 2022.
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:One vacant Mayoral Appointment position with a term expiring on January
31, 2022. The City Clerk’s office received two applications.
The City Planning Board shall encourage local units of government to
improve and plan for the future development of the City of Bozeman and
areas adjacent to the City to the end that highway systems be carefully
planned; that new community centers grow only with adequate highway,
utility, health, educational, and recreational facilities; that the needs of
agriculture, industry, and business be recognized in future growth; and that
residential areas provide healthy surroundings for family life.
The City of Bozeman Planning Board powers and duties, jurisdiction and
composition are codified in the Bozeman Municipal Code in Sections
2.05.500 through 2.05.520. The composition is listed as follows:
Sec. 2.05.520. Composition. A. The planning board shall consist of nine
members, appointed to two-year terms to expire on January 31, as follows:
1. One member appointed by the city commission from its own
membership. The term of the appointed member shall be coextensive with
the term of office to which such member has been elected or appointed
unless the commission, on its first regular meeting of each year, appoints
another to serve as its representative or unless the appointee's commission
term is terminated;
2. Three members appointed by the city commission, one of whom, at the
commission's discretion, may be an employee of the city or hold public office
in the city or the county. The appointments shall be for two-year terms, with
those terms to expire on January 31 of odd-numbered years;
375
3. One member appointed by the mayor, upon designation by the county
board of commissioners, who may be a member of the board of county
commissioners or an office holder or employee of the county. This
appointment shall expire on January 31 of odd-numbered years;
4. Four citizen members appointed by the mayor, who shall be resident
freeholders within the city limits, and who shall be qualified by knowledge
and experience in matters pertaining to the development of the city. These
appointments shall be coterminous with the term of the mayor.
B. The city clerk shall certify the members appointed by the city
commission. The certificates shall be sent to and become a part of the
records of the planning board. The mayor shall make similar certification for
the appointment of citizen members.
This board currently has one vacant Mayoral Appointment position. The City
Clerk’s Office has received two applications. Their relevant qualifications
indicated below.
1. One Mayoral Appointment positions with a term expiring January 31,
2022 | Qualifies: S. Rohrer, N. Olmstead
Applicant:
Sally Rohrer
Nicole Olmstead
Commissioner Madgic is the City Commission liaison for this board.
City Planning Board appointments vary, some are City Commission
appointments, some are Mayoral appointments and one is a Gallatin County
Commission appointment. This position is a Mayoral appointment.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
06-08-21 CAB Application - N. Olmstead, new applicant.pdf
04-07-21 CAB Application - S. Rohrer, new applicant.pdf
Report compiled on: July 12, 2021
376
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Tuesday, June 8, 2021 10:00:13 AM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:06/08/2021 10:00 AM
Response #:347
Submitter ID:39166
IP address:209.210.241.172
Time to complete:15 min. , 28 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
377
First Name Nicole
Last Name Olmstead
Physical Address 2527 Spirit Crossing Lane
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (585) 727-3215
Additional Phone Not answered
Current Occupation Planner
Employer Cushing Terrell
Email nicoleolmstead12@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Zoning Commission for 2 years
Please explain your relevant qualifications, interests and experiences:
Before accepting my position with Cushing Terrell, I spent over ten years working for the State of Montana
and Gallatin County in land use compliance issues. Currently I work closely with property owners on
residential and commercial development both within Bozeman and nationwide.
Public service is an important part of my life and I am excited to participate in Bozeman's future. In addition
to the Planning Board, I currently serve on as Vice-Chair of the Zoning Commission and as a Court
Appointed Special Advocate (CASA) in cases of child abuse and neglect.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Jenifer Madgic, jmadgic@gmail.com
Reference 2
Christopher Scott, 406.556.8648
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
378
How did you hear about this board or vacancy?
Referral
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
379
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Wednesday, April 7, 2021 8:56:16 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:04/07/2021 8:55 PM
Response #:338
Submitter ID:36925
IP address:148.59.189.227
Time to complete:23 min. , 45 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
380
First Name Sally
Last Name Rohrer
Physical Address 220 South 8th Avenue
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (414) 882-0407
Additional Phone Not answered
Current Occupation Naturalist
Employer Lone Mountain Ranch
Email sallyarohrer@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) Less than 1 year
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
City of Madison, 1 year
Please explain your relevant qualifications, interests and experiences:
I am a policy professional with unique experience in city planning as a former Alder for the City of Madison,
Wisconsin. In May, 2020 I acquired my Masters in Public Affairs (MPA) from the University of Wisconsin La
Follette School where I focused on economic policy and published a capstone project that focused on
municipal-level referenda in Wisconsin. While completing my MPA, I was appointed to the City of Madison
common council to represent the downtown and campus area, an area facing extreme growth and
development pressure. I gained experience in the delicate process of balancing resident/neighborhood
needs and developer demands with the need for density to alleviate our affordable housing crisis. City
planning and development have far reaching consequences for the environment, equity, and the future of
the city. We need smart and dedicated individuals in the planning process who will ensure that Bozeman
grows to the sustainable and accessible city we all envision. I'm energized by the prospect of using my
experience in city planning in the growing Bozeman, which is facing many of the same issues we faced in
Madison.
Most recently, I worked as a Field Organizer on the Biden for President Campaign. Previously, I worked on
an ACLU voting rights campaign in Wisconsin, interned for Congresswoman Gwen Moore and WI State
Representative, organized for the South Central WI Federation of Labor, and managed a city council
campaign. All of the experiences speak to my policy knowledge, ability to collaborate in high pressure
environments, and make decisions with the longevity and equity of the community in mind.
381
References: Please provide name, phone, and email contact information for two references.
Reference 1
Keith Furman, District 19 Alder, City of Madison
Phone: (201)705-2386
Email: keith@keith.net
Reference 2
Nick Morgan, Regional Organizing Director at Democratic Party of WI
Phone: (718)744-8759
Email: nick@wisdems.org
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
Website
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
382
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Appointments to the Board of Ethics
MEETING DATE:July 27, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint two members to the Board of Ethics with terms expiring
July 31, 2023 and one member to the Board of Ethics with a term expiring
July 31, 2022.
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 Board of Ethics has three vacant position due to a two terms expirations
as of July 31, 2021 and one vacancy due to resignation. The City Clerk's
Office has received to reapplications and one new application.
Ordinance No. 1726, finally adopted in November 2007, established the
creation of a three member Board of Ethics. In May of 2009, Ordinance No.
1759 was finally adopted which revised 1726. According to Ordinance 1759:
A. There is created a Board of Ethics consisting of three (3) members who
shall serve without compensation unless the governing body provides
otherwise. Members of the Board of Ethics shall not be elected officials, full-
time appointed officials whether exempt or nonexempt, or City employees,
nor shall they be currently serving on any other City board or commission.
B. Members of the Board shall be residents of the City.
C. Board members shall be appointed by the governing body. An
appointment to fill a vacancy shall be made by the appointing authority who
appointed the member who formerly held the position which is vacant.
E. Board members shall serve staggered terms of two (2) years. A member
shall hold office until a member's successor is appointed.
This board currently has one vacant position. The City Clerk’s Office has
received two applications with their relevant qualifications indicated below.
1. One position with a term expiring July 31, 2022 | Qualifies: K. Taylor, S.
383
Rushing, M. Frost
Applicants:
Kristin Taylor
Sara Rushing
Melissa Frost
2. Two positions with terms expiring July 31, 2023 | Qualifies: K. Taylor, S.
Rushing, M. Frost
Kristin Taylor
Sara Rushing
Melissa Frost
There is no Commission liaison for this board.
Board of Ethics appointments are Commission appointments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
06-09-21 CAB Application - S. Rushing, reapplicant.pdf
07-02-21 CAB Application - M. Frost, reapplicant.pdf
06-02-21 CAB Application - K. Taylor, New Applicant.pdf
Report compiled on: July 12, 2021
384
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Wednesday, June 9, 2021 1:21:34 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:06/09/2021 1:21 PM
Response #:349
Submitter ID:39227
IP address:2600:6c67:5000:3601:98e2:b0a2:7850:5381
Time to complete:19 min. , 56 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
385
First Name Sara
Last Name Rushing
Physical Address 208 Westridge Dr.
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 600-8919
Additional Phone Not answered
Current Occupation Associate Professor of Political Science
Employer MSU - Bozeman
Email sararushing@hotmail.com
Which position are you applying for?
(○) Board of Ethics
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Ethics Board, since 2019
Please explain your relevant qualifications, interests and experiences:
I am just completing my first term on the City of Bozeman Board of Ethics. As a professor of political theory,
I teach dimensions of ethics in all my classes. Years ago, I worked with Paul Lachapelle and the Local
Government Center to develop the city government ethics trainings, and delivered that course in Bozeman
once. I also serve on the Bozeman Deaconess Hospital Ethics Committee.
References: Please provide name, phone, and email contact information for two references.
Reference 1
David Parker, Department Head
Political Science
MSU
406-994-4141
dparker@montana.edu
Reference 2
Paul Lachapelle
Professor, Political Science
MSU
406-994-3620
386
Paul.lachapelle@montana.edu
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
I was asked to apply two years ago.
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
387
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Friday, July 2, 2021 2:12:10 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:07/02/2021 2:12 PM
Response #:352
Submitter ID:39993
IP address:2600:6c67:523f:9d6b:9873:87d1:a198:8b4e
Time to complete:10 min. , 42 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
388
First Name Melissa
Last Name Frost
Physical Address 306 S 7th Avenue
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 570-3271
Additional Phone Not answered
Current Occupation Licensed Clinical Professional Counselor
Employer Montana State University
Email melissadfrost@yahoo.com
Which position are you applying for?
(○) Board of Ethics
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Board of Ethics since July 2009
Please explain your relevant qualifications, interests and experiences:
It is with pleasure that I submit my application to serve once again on the City of Bozeman Board of Ethics.
If reappointed, I intend for this to be my last term, having served since the Board’s inception. However, in
service of continuity, supporting newer members, and completing some final tasks, I have an interest in
serving one last term. My direct experience lies in my capacity as a long-term member who participated in
the board’s founding, reviewing and clarifying aspects of the Code of Ethics, developing an Ethics
Handbook, contributing to the creation of annual ethics trainings for city staff, elected officials, and board
members, and serving as a conduit for citizens to engage in conversations about ethics in our city. In the
past several years, the board saw it’s first ethics case come before our body, and the board was well-
prepared to conduct public meetings and make findings in this case. I am proud of the work of the Board of
Ethics since it’s founding, and proud of the ever-increasing awareness and ongoing integration of ethics in
theory and practice (big E and little e)—on the part of city employees, board members, and elected
officials.
I believe it is imperative that all citizens understand they have a voice in the functioning of their
government, and know that there are processes in place for participation. I believe the essential functioning
of government rests upon its citizens knowing and trusting that their government is operating within legal
and ethical standards, as established by rules of law and code, and that the government is bound by these
legal and ethical standards and must act with integrity, openness and transparency with regard to it’s
389
functioning. Philosophically, I have always been keenly interested in the question, “What’s the right thing to
do?” Often the answer is ambiguous, as we see repeated evidence of through inquiries submitted to the
city attorney and Board of Ethics from citizens, employees, and officials.
With regard to my qualifications, I have a B.A. in Philosophy, M.A. in Political Science, and M.S. in Health
and Human Development. I am a practicing Licensed Clinical Professional Counselor and work at the
Montana State University counseling center. I have a deep interest in people as individuals, as well as how
people interrelate and live together in communities. I have been a resident of Bozeman since 1993, and am
proud to call this place home.
I believe there are circumstances where unwritten rules of conduct are sufficient, but other times when
written codes of conduct can help guide people in answering the above question and encourage them to be
their best. In my capacity as a public employee, past and present, I take seriously my responsibility to
uphold the public’s trust, part of which is to be honest, transparent, and accountable. I believe these are
essential qualities in public officials and employees, who are the embodiment of government, and these
qualities allow those governed to maintain confidence and trust in their government. I am committed to
continued work to nurture awareness of ethics and an ethical culture in our government and in our city. I
wholeheartedly welcome the opportunity to serve one final term and give back to this community through
an issue that I believe is essential to the health and vibrancy of our community.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Paula Beswick
406-600-1814
pkbeswick@msn.com
Reference 2
Elizabeth Asserson
406-994-4531
basserson@montana.edu
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
Current board member
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
390
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
391
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Wednesday, June 2, 2021 4:59:48 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:06/02/2021 4:59 PM
Response #:345
Submitter ID:38965
IP address:2600:6c67:5000:312d:a966:ddfc:f7c4:faf3
Time to complete:52 min. , 20 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
392
First Name Kristin
Last Name Taylor
Physical Address 704 S. Willson Ave
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (496) 539-5389
Additional Phone Not answered
Current Occupation retired
Employer self
Email ktgatelax@gmail.com
Which position are you applying for?
(○) Board of Ethics
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) No
Please explain your relevant qualifications, interests and experiences:
Though I haven't practiced in many years, I have a law degree and legal background. I have a JD from The
Law School at University of Chicago and am a trained mediator. In addition, I've worked as an adjunct
faculty member in both the College of Business and the University Honors program at MSU.
I've lived in Bozeman for 23 years and have engaged in a multitude of volunteer projects during that time.
I'm invested in this community and interested in working to ensure it remains a great place to live, work
and raise a family.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Carson Taylor
406-579-6423
carsongtaylor@gmail.com
Reference 2
Darci Bentson
406-581-7770
dbentson@usa.net
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
393
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
city website
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
394