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HomeMy WebLinkAbout08-17-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Videoconference 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 Authorize the City Manager to Sign a Grant Agreement with HRDC for City Streamline THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 17, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=ec54913ea3fe236e5a9673d0c2d5c761f Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 2555 333 2764 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 Services Funding of $400,000 for Fiscal Year 2022(Donald) F.3 Authorize the City Manager to Sign a Grant Agreement with HAVEN for funding $30,000 for Fiscal Year 2022(Donald) F.4 Approve a Final Plat for the Norton Ranch Phase 6 Subdivision and Authorize the Director Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 21141(Rosenberg) F.5 Findings of Fact for Bridger Meadows Planned Unit Development, Application 20350(Rosenberg) F.6 Findings of Fact for Bridger Meadows Major Subdivision Preliminary Plat, Application 20351(Rosenberg) F.7 Authorize the City Manager to Sign a Public Stormwater Utility Easement and Agreement, Sewer and Water Pipeline and Access Easement and Agreement, Trail Corridor Easement, Utility Easement with J & D Family, LLP for the J & D Family Major Subdivision SE (21039)(Schultz) F.8 Authorize the City Manager to Sign a Trail Easement with Resonon Property Holdings, LLC(Jadin) F.9 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with KT Properties for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) F.10 Authorize City Manager to Sign an Agreement Between the City of Bozeman and Bozeman School District 7 Regarding School Resource Officer Pay and Operational Considerations(Klumb) F.11 Authorize City Manager to Sign AIA Document B121 Master Agreement, B221 Document for Service Order 1 Agreement, and Future Service Orders within Budget for the Design of the Library Expansion Project(Henderson) F.12 Authorize City Manager to Sign an Agreement Between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Final Design and Construction Phases of the Bozeman Public Library Expansion(Henderson) F.13 Amendment to the Employment Agreement Between City of Bozeman and Jeff Mihelich (City Manager)(Tozer) F.14 Authorize the City Manager to Sign a Professional Services Agreement between the City of Bozeman and Affion for the Recruitment of Public Works Positions(Tozer) F.15 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project(Lonsdale) 2 F.16 Authorize the City Manager to Sign an Amendment 6 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Water Renovations Projects(Gamradt) F.17 Ordinance 2082, Final Adoption to Rezone 41.52 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21005(Rogers) 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.Special Presentation H.1 City of Bozeman Parks, Recreation and Active Transportation Comprehensive Plan Kickoff Presentation(Jadin) I.Action Items I.1 Approve Bozeman Gateway Phase 5 Major Subdivision Preliminary Plat, Application 20094 (Quasi-judicial)(Rosenberg) 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. 3 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:August 17, 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 23, 2021 4 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Authorize the City Manager to Sign a Grant Agreement with HRDC for City Streamline Services Funding of $400,000 for Fiscal Year 2022 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION: Authorize the City Manager to sign the attached grant agreement with HRDC. 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: On June 22, 2021, the Commission appropriated $400,000 for Streamline services within the City of Bozeman for HRDC based on their submitted request for funding for Streamline operations. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This item was budgeted for in the FY22 Approved Budget. Attachments: Grant Agreement HRDC STREAMLINE FY22.docx Streamline request Exhibit A.pdf Report compiled on: August 5, 2021 5 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 1 GRANT AGREEMENT HRDC- City of Bozeman Streamline Funding THIS AGREEMENT is made and entered into this 17th day of August, 2021 by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and HRDC, a non-profit located at 32 South Tracy St Bozeman 59715 as GRANTEE. WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, HRDC submitted a proposal to the City Commission for a grant of $400,000 for support of Streamline services within the City of Bozeman that would benefit from the City funding; and WHEREAS, on June 22, 2021, the Commission appropriated $400,000 for Streamline operations within the City of Bozeman. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up four hundred thousand dollars ($400,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 3. 2.Use of Grant Funds. Grant funds in the amount of up to four hundred thousand dollars ($400,000) will be used by GRANTEE for the sole purpose of Streamline operations within the City of Bozeman as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 3.Payment of Grant Funds a. Grantee may request the Grant funds during the fiscal year ending June 30, 2022 as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Any funds from the Grant not awarded during the fiscal year ending June 30, 2022 will remain in the City’s General Fund and will be available for other appropriation. 6 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 2 c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of Grantee’s representations as set forth in Section 4 are true and correct, and (ii) Grantee is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4.Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the HRDC Streamline services within the City of Bozeman. 5.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. 7 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 3 GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 6.Permits and Compliance With Laws. Grantee will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project 7.Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8.Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Streamline services within the City of Bozeman. 9.Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10.Representatives 8 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 4 a.City’s Representative. The City’s Representative for the purpose of this Agreement shall be Kristin Donald 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, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Sunshine Ross or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines 9 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 5 GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. 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 and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to 10 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 6 delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 12.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE 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. GRANTEE 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). GRANTEE 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. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13.Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled 11 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 7 in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 15.Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16.Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator 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. 12 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 8 17.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18.No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 19.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20.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. 21.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23.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. IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: __________ 13 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Page 9 Print name and Title:___________________________ GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 14 FY 2022 Grant Agreement – HRDC Streamline General support for service within the City of Bozeman Exhibit A Exhibit A Grant Proposal 15 1 Kristin Donald From:webadmin@bozeman.net Sent:Tuesday, March 30, 2021 12:16 PM To:Kristin Donald Subject:*NEW SUBMISSION* - Outside Entity Budget Requests Follow Up Flag:Follow up Flag Status:Flagged A new entry to a form/survey has been submitted.   Form Name:  Outside Entity Budget Requests  Date & Time:  03/30/2021 12:16 PM  Response #: 5  Submitter ID:  36578  IP address:  72.174.92.178  Time to complete:  48 min. , 14 sec.     Survey Details  Page 1     1.  Entity Name  HRDC/Streamline      2.  Entity's Physical Address  Street Address 32 South Tracy Avenue    Unit # Not answered    City Bozeman    Postal/Zip Code 59715    State Montana      3.  Number of Years of Operation as a Non‐Profit Organization  46      4.  Link to Most Recent Annual Financial Report  https://thehrdc.org/wp‐content/uploads/2020/10/HRDC‐Audit‐Report‐2019.pdf      5.  Dollar Amount Requested for the Fiscal Year  $400,000      6.  Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit  The recently released Transit Development Plan puts Streamline in a strong position to proactively adapt to the growth and  change in our community. Robust investments in public transit will help the City achieve goals outlined in the Strategic Plan.  Streamline specifically supports Vision 4.0 A Well‐Planned City, by supporting a livable, affordable, more connected city. For  example, investments in public transportation 1) drive economic development, 2) provide access to educational, vocational,  16 2 and social opportunities, 3) improve overall health and wellness, and 4) create a well‐connected, inclusive, and thriving  community. With regards to a well‐planned city, Streamline helps the City achieve Goal 4.2 High Quality Urban Approach by  providing greater connectivity to trails and parks and more opportunities for walking and biking. Streamline also plays an  important coordination/partnership role in the City’s approach to Strategic Infrastructure Choices (Goal 4.3) and preparation  for a Metropolitan Planning Organization (Goal 4.3f). Furthermore, Streamline is critical to the City achieving Goal 4.5  Housing and Transportation Choices (improve mobility options that accommodate all travel modes). For most households,  transportation is the second largest annual expense behind housing costs. It is critical to keep housing and transportation  integrated in planning efforts to promote accessibility, equity, and affordability. In addition to supporting efforts to create a  well‐planned city, Streamline also supports Strategic Plan Vision 6.0 A Sustainable Environment, specifically with regards to  Goal 6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) Emissions. Transportation is the only  category that showed negative progress from the last climate plan; thus much more work needs to be done in this area. The  Climate Action Plan identifies Diverse and Accessible Transportation Options as one of the actionable solutions, specifically  Solution J: Increase Walking, Bicycling, Carpooling, and Use of Transit. Streamline helps build a “Sustainable Environment”  by taking more vehicles off the road, by reducing overall carbon emissions, and by advocating for the addition of an electric  and/or alternative fuel bus to the overall fleet. Streamline has a positive impact on Bozeman’s overall Greenhouse Gas  Emissions as identified in the Bozeman Climate Plan and will support the goals outlined in multiple city plans, including the  Triangle Plan, Downtown Bozeman Plan, Transportation Master Plan, and Bozeman Community Plan. Streamline values the  City for its continued partnership in support of public transportation in the greater Bozeman area. The implementation this  fall of the short‐term service plan recommended by our consultants, Transportation, Management, and Design, Inc. (TMD)  will require more revenue because of the increased coverage and daily service hours. Thus, we are requesting additional  funding from all of our partners (City of Bozeman, City of Belgrade, MSU, ASMSU, Gallatin County, and Bozeman Health).  Thank you for considering this request and we look forward to working together to help the City of Bozeman reach the goals  in the Strategic Plan.      7.  Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)  #1 Name Montana Department of Transportation    Amount $ $1,259,039    #2 Name MSU's President's Office    Amount $ $112,000 (contract negotiation, requesting $225,000)    #3 Name Associated Students of MSU    Amount $ $164,500 (85% increase on student ballot, potential $250,000 total)      8.  Contact Information for Entity  First Name Sunshine    Last Name Ross    Phone Number (406) 587‐2434    Email Address sross@thehrdc.org           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.  17 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:Authorize the City Manager to Sign a Grant Agreement with HAVEN for funding $30,000 for Fiscal Year 2022 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION: Authorize the City Manager to sign the attached grant agreement with HAVEN. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: On June 22, 2021, the Commission appropriated $30,000 for general funding for HAVEN based on their submitted request for funding for the purpose of general support. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This item was budgeted for in the FY22 Approved Budget. Attachments: Grant Agreement HAVEN FY22.docx HAVEN request Exhibit A.pdf Report compiled on: August 5, 2021 18 FY 2022 Grant Agreement –HAVEN General Support Page 1 GRANT AGREEMENT HAVEN GENERAL FUNDING THIS AGREEMENT is made and entered into this 17 day of August, 2021 by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and HAVEN, a Non-Profit located at PO Box 752 Bozeman 59771 as GRANTEE. WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, HAVEN submitted a proposal to the City Commission for a grant of $30,000 for general support that would benefit from the City funding; and WHEREAS, on June 22, 2021, the Commission appropriated $30,000 for the General Support. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up thirty-thousand dollars ($30,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 3. 2.Use of Grant Funds. Grant funds in the amount of up to thirty thousand dollars ($30,000) will be used by GRANTEE for the sole purpose of their mission as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 3.Payment of Grant Funds a. Grantee may request the Grant funds during the fiscal year ending June 30, 2022 as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Any funds from the Grant not awarded during the fiscal year ending June 30, 2022 will remain in the City’s General Fund and will be available for other appropriation. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of Grantee’s representations as set forth in Section 4 are true and correct, and (ii) Grantee is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination 19 FY 2022 Grant Agreement –HAVEN General Support Page 2 of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4.Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the HAVEN’s General Support request. 5.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 6.Permits and Compliance With Laws. Grantee will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, 20 FY 2022 Grant Agreement –HAVEN General Support Page 3 state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project 7.Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8.Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the General Support request. 9.Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10.Representatives a.City’s Representative. The City’s Representative for the purpose of this Agreement shall be Kristin Donald 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 21 FY 2022 Grant Agreement –HAVEN General Support Page 4 authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Sydni Berry or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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. 22 FY 2022 Grant Agreement –HAVEN General Support Page 5 GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. 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 and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 12.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in 23 FY 2022 Grant Agreement –HAVEN General Support Page 6 accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE 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. GRANTEE 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). GRANTEE 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. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13.Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. 24 FY 2022 Grant Agreement –HAVEN General Support Page 7 c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 15.Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16.Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator 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. 17.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18.No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 25 FY 2022 Grant Agreement –HAVEN General Support Page 8 19.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20.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. 21.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23.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. IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: __________ Print name and Title:___________________________ GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 26 FY 2022 Grant Agreement – HAVEN General Support Request Exhibit A Exhibit A Grant Proposal 27 1 Kristin Donald From:webadmin@bozeman.net Sent:Monday, March 8, 2021 7:40 AM To:Kristin Donald Subject:*NEW SUBMISSION* - Outside Entity Budget Requests Follow Up Flag:Follow up Flag Status:Completed A new entry to a form/survey has been submitted.  Form Name:  Outside Entity Budget Requests  Date & Time:  03/08/2021 7:39 AM  Response #: 4  Submitter ID:  35710  IP address:  69.145.228.72  Time to complete:  15 min. , 32 sec.   Survey Details  Page 1   1.Entity Name Haven    2.Entity's Physical Address Street Address PO BOX 752    Unit # Not answered    City BOZEMAN    Postal/Zip Code 59771‐0752    State Montana    3.Number of Years of Operation as a Non‐Profit Organization 41    4.Link to Most Recent Annual Financial Report https://static1.squarespace.com/static/5d62bdcfdd1e9300010c6802/t/600f0f8fa4b6a624083a8ef8/1611599760177/2020‐ 06‐30+Audit+‐+Final.pdf    5.Dollar Amount Requested for the Fiscal Year 30,000    6.Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit Haven’s request for funding relates directly to the City of Bozeman’s third vision statement, which encompasses “A safe,  welcoming community.” For 41 years, Haven has been committed to reducing the incidence and minimizing the impact of  domestic abuse on families and communities. We provide emergency shelter, a 24‐hour support line, legal advocacy,  Exhibit A 28 2 individual counseling, and support groups to survivors of domestic violence, sexual assault, dating violence, sex trafficking,  and stalking. Haven also works to end the cycle of violence by creating an engaged community through our teen dating  violence prevention, a survivor speakers' bureau, and other community education programs. We recognize that one  organization alone will never end an epidemic as widespread as domestic violence. Much of Haven’s success hinges on  collaborations and we must engage all members of our community as allies in supporting survivors and holding abusers  accountable. Since the City of Bozeman partnered with Haven to issue a mayoral proclamation against domestic violence,  Haven remains grateful for the City’s continued dedication to funding Haven’s growing advocacy in its annual budget. The  City of Bozeman’s leadership on the issue of domestic violence speaks volumes about how our community is taking  ownership of the issue. Last fiscal year, 1,014 survivors sought a wide range of Haven's services; 354 sought help through  our legal advocacy office; 93 found emotional support through counseling and support groups. Although enforcing physical  distancing requirements led to a decrease in shelter capacity during the spring of 2020, Haven’s emergency shelter still  housed over 53% more survivors than the previous year. Haven's support line rang 5,103 times, an average of over 14 times  a day. Haven respectfully requests that the City of Bozeman continue funding Haven’s advocacy program at the previous  level of $30,000. This funding pays for 100% of the overnight advocates and 50% of the weekend advocates. These  advocates ensure that survivors’ calls are answered 24‐hours a day, seven days a week on Haven’s support line. They  provide support and transportation to survivors in shelter, help find short‐term hotel rooms for survivors needing a place to  stay when shelter is full, get rooms ready for new residents, and see to other shelter requirements. Thank you for  considering this request and we look forward to our continued partnership as we work to ensure a community  knowledgeable about domestic abuse, fully engaged and committed to the safety and well‐being of its members.      7.  Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)  #1 Name Montana Bureau of Crime Control, Victims of Crime Act    Amount $ 84,734    #2 Name Department of Justice, Office of Violence Against Women, Legal Assistance for Victims    Amount $ 71,623    #3 Name Gilhousen Family Foundation    Amount $ 60,000      8.  Contact Information for Entity  First Name Sydni    Last Name Berry    Phone Number (406) 586‐7689    Email Address sydni@havenmt.org           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.  29 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Tim Cooper, Assistant City Attorney SUBJECT:Approve a Final Plat for the Norton Ranch Phase 6 Subdivision and Authorize the Director Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 21141 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve a Final Plat for the Norton Ranch Phase 6 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission approved the Findings of Fact for the Norton Ranch Phase 6 Subdivision on March 1, 2021. UNRESOLVED ISSUES:NA ALTERNATIVES:None suggested or proposed. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: Norton Ranch Phase 6 - Final Plat Map.pdf 21- Findings of Fact - Norton Ranch Phase 5 Subdivision, App. 21024.pdf Norton Ranch Ph 6 FP_transmittal to Legal.pdf Report compiled on: July 30, 2021 30 31 NAME AREA (SF) Total:3,454,677 SF 32 Δ= Δ= Δ= 33 34 Page 1 of 29 21024, City Commission Findings of Fact and Order for the Norton Ranch Ph 5 Subdivision Public Hearing Date: Planning Board, March 1, 2021 at 6:00 pm. Via WebEx. City Commission, March 9, 2021 at 6:00pm. Via WebEx. Project Description: A modification to the phasing and conditions of approval of a preliminary plat application that was approved November 17, 2020. The subdivision is on 79.3 acres to create 148 lots: 124 residential single household, 14 affordable single family detached housing lots, 5 common open space lots, 5 city park lots, 4 restricted lots and dedicated right of way. The subject property is zoned R-2, R-3, and R-4. Project Location: The subject parcel is located north and west of the intersection of West Babcock Street and Laurel Parkway. It is legally described as Lot R1, Norton East Ranch Subdivision Phase 3A, SEC. 9, T. 2 S., R. 5, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions and code requirements Preliminary Plat Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Report Date: March 1, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Griffin Nielsen, Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues None. Project Summary This application is to modify conditions of approval and phasing of the development from the original application of a subdivision (18278) who’s Findings of Fact were approved on December 15, 2020. The modifications included adjusting language to the conditions of approval and code provisions to allow for Phase 6 to receive final plat DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 35 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 2 of 29 without needing to satisfy all improvements that are affiliated with Phase 5. Phase 6 consists of 4 restricted lots and will require additional subdivision to be able to be developed. The purpose of the modification was to allow Phase 6 to receive Final Plat to help finance the construction of Laurel Parkway in its entirety. The applicant, Norton Properties LLC is proposing to subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14 affordable single household detached lots, 5 common open space lots, 5 City park lots, 4 restricted development lots, and dedicated right of ways. The developable portion of the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable portion of the project borders West Babcock to the south, Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted lots, east of Laurel Parkway, are subject to further subdivision review. These four restricted lots are considered Phase 6. The changes to the conditions of approval and code provisions as outlined below is to allow for those four restricted lots to receive final plat prior to any of the lots within Phase 5. These four restricted lots will not be able to be developed until further subdivision review. Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI). Although all 14 lots are along Boomtown Road and clustered together, it was deemed an appropriate layout based on lot size, design placement and the fact that the City receives affordable housing lots that are oriented onto the street in the first phase of development. A large City park is set to be constructed with Phase 5D that contains wetlands which are planned to be preserved and additional plantings provided to keep its natural habitat. A trail along the west side of the development is proposed to connect to the existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley West to the north. The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The Planning Board reviewed this application on March 1, 2021 and recommended approval 6:0. The City Commission reviewed and voted 5:0 to approve the application. The Commission agreed that the application met the criteria established by the Bozeman DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 36 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 3 of 29 Municipal Code. Therefore, the application was approved with conditions and applicable code provisions outlined in these findings. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................. 1 Unresolved Issues ................................................................................................ 1 Project Summary .................................................................................................. 1 Alternatives ........................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................ 4 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 6 SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ............. 12 SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .................................. 17 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................ 17 Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ................... 17 Primary Subdivision Review Criteria, Section 76-3-608 ..................................... 19 Preliminary Plat Supplements............................................................................. 22 SECTION 6 - FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS ..…………26 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................. 25 APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................ 29 APPENDIX C - OWNER INFORMATION ...................................................................... 29 FISCAL EFFECTS ........................................................................................................ 29 ATTACHMENTS ............................................................. Error! Bookmark not defined. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 37 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 4 of 29 SECTION 1 - MAP SERIES Zoning Map of Subject Property DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 38 Page 5 of 29 Plat of overall development DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 39 Page 6 of 29 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. This application proposes phases. Unless a condition is specific to an individual phase, all comments and code requirements apply to any final plat of all phases. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats 24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 4. Any public access easement for the common open spaces must be provided as a separate document describing the scope of the grant of easement and naming a custodian of the public’s interest in the easement. 5. Per BMC Section 38.220.070.A.2, prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the county weed control district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 6. This notation must be included on the conditions of approval sheet of the final plat: “Ownership of all common open space areas and trails, and DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 40 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 7 of 29 responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Norton Ranch Phase 5 subdivision.” 7. Duration of the preliminary plat approvalis limited, per BMC 38.240.130.A.5.f. Prior to any extension of the preliminary plat approval, the intersection of Laurel Parkway and Durston Road must either be upgraded with a signal or roundabout with design approved the City’s Engineering Division, or the applicant must provide an updated traffic impact study at the time of extension request indicating the intersection level-of-service standards can be met per BMC 38.400.060.B.4. 8. (moved to Code Provisions number 28)Per Code Section 38.350.060 fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. This standard must be added as a note listed on the conditions of approval sheet of the plat. Properties on Block 21, Lot 2-8 AND Block 27, lots 1 and 2 are affected by this code requirement. 9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted with initial final plat to be recorded after approval. 10. The applicant must include a note on the conditions of approval sheet of the final plat that states that maintenance of all stormwater facilities, including stormwater facilities within the park parcel, is the responsibility of the property owners’ association (POA). 11. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be “This subdivision is subject to affordable housing requirements. The subdivision’s requirements and obligations can be found in DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 41 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 8 of 29 the Norton East Ranch, Phase 5 Affordable Housing Plan recorded as document no.___________ at the Gallatin County Clerk and Recorders Office.” 12. BMC 38.420.020.D. Park easements provided for future phases do not transfer maintenance responsibilities to the Parks Department. The Parks Department will assume maintenance responsibility upon future phase final plat and final acceptance of improvements. This responsibility must be indicated in the certificate of dedication on the final plat. 13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland compliance per each sub phase of Phase 5 must also be shown in the Parkland Tracking Table as required in Section 38.420.020 BMC and be placed on the conditions of approval sheet of the final plat. On Preliminary Plat page 3 and Park Plan L100, consolidate the Parkland tracking table displaying the same phase and zoning district lot sizes together in one row. Add a row with details about when the Park Master Plan was approved and a row that gives the total cost of improvements being constructed. If an improvements agreement will be requested, please indicate that within the table. The table shall explicitly state how much parkland credit was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. 14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton Ranch Properties, LLC and the US Army Corps of Engineers within the City park parcel is transferred to the City of Bozeman with the final plat. 15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. 16. If not already filed, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 42 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 9 of 29 b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage; c. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; d. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; e. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage; f. Intersection improvements to Laurel Parkway and Durston; g. Intersection improvements to Laurel Parkway and West Babcock Street; h. Intersection improvements to Laurel Parkway and Huffine Lane; i. Intersection improvements to Cottonwood Road and Huffine Lane; and j. Intersection improvements to Cottonwood Road and West Babcock Street. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of these improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage for the full length of the development. 18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage Block 16 of the development. 19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive frontage of Lot 11 Block 22 of the development. 20. The applicant must include a note on the plat as follows, “This is a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the storm drainage system. Water from sump pumps may not be discharged onto streets, or into the curb and gutters where they create a safety hazard for pedestrians and vehicles.” 21. The subject property is located in an area with high groundwater with potentially corrosive soils, which can increase the likelihood of water main failure over the lifespan of the asset. The applicant must perform a corrosivity DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 43 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 10 of 29 analysis to determine if cathodic protection is required for the proposed distribution mains. 22. The applicant must add a note to the conditions of approval sheet of the plat that all stormwater infrastructure located outside of the public right-of-way must be maintained by the property owners’ association (POA). 23. The applicant must provide a drain tile maintenance plan for the existing tile drain along Fallon Street to the City Engineering Division for approval and include the maintenance plan in the POA documents prior to final plat approval of any plan within Phase 5. The plan must include the long term maintenance instructions for the POA and an exhibit clearly showing the location and detail for the tile drain. 24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 25. The stormwater design assumes a flow rate from the infiltration of groundwater water. No data has been provided to justify this flow rate. Prior to completion and acceptance of the stormwater design the infiltration flow rate must be verified during the period of seasonal high groundwater. If the flow rate exceeds the assumed value, the system must be altered to ensure all City drainage standards are met. Verification may not take place while dewatering is in operation. The applicant must send verification to the Community Development Office before final plat approval. 26. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the infrastructure improvements per BMC Section 38.270.030.B. 27. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 44 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 11 of 29 Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. 28. The complete right-of-way for Laurel Parkway from West Babcock to the northern boundary must be dedicated with the initial phase of the subdivision. 29. Temporary stormwater easements must be provided for the stormwaterponds not located within a common open space lot. The easement language must be approved by the City of Bozeman and the executed easements recorded with the final plat. 30. A separate lot must be created for the Norton Ranch Lift Station. The lot must be transferred to the City at the time of final plat to enable the long term access, maintenance, and operation of the station. 31. As proposed the City’s minimum length of tangency at intersection cannot be met with the proposed public street easement between lots R1A and R1C. The easement and lots must be adjusted to ensure the City’s minimum street standard can be met. 32. A minimum of a 12 foot all weather access ramp designed to support maintenance vehicles must be constructed to the stormwater pond at the northwest corner of the site. The access must be reviewed and approved with the subdivision infrastructure plans. 33. A sixty foot wide Public Street and Utility Easement must be provided on Lots R1A, R1B, R1C, and R1D. The easement must be centered on the lot lines and extend the full width of the lots. These easements must be provided at final plat with a separate document which contains the City’s standard public street and utility easement language. Upon future subdivision of Lots R1A- R1D, the easement may to be revised to ensure compliance with the City’s street and block length standards. 34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on the final plat that states the following: Notice is hereby given to all potential purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision, City of Bozeman, Gallatin County Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.270.030. As such, the restriction is filed with the final plat that stipulates that any use of these lots is subject to further subdivision or zoning development review and no development of these lots shall occur until all on and off-site improvements are completed as required under the BMC. Therefore, be advised that building permits will not be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5 Subdivision until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structures requiring water or sewer facilities shall be utilized on these lots until this restricted is lifted. This DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 45 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 12 of 29 restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. 35. Linear Park 5B and all improvements within it must be completed with Phase 5A. 36. The Property Owner Covenants cannot exclude accessory dwelling units and duplexes from the allowable uses. The City must be a party to the covenant. SECTION 3 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The property owners’ association (POA) documents must be finalized and recorded with the initial final plat within Phase 5 of the entire property. The POA documents must include the requirements of Section 38.220.300 and 38.220.320. 2. BMC 38.220.070.A.8 Final plat review. The applicant must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must provide sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community development department with a copy of all required streambed, streambank or wetlands permits or written notification from the appropriate agency the status of the wetland jurisdiction determination whether or not a 404 permit is required prior to the commencement to final plat approval of PHASES 5C and 5D. 4. BMC38.400.010.A.2. Laurel Parkway is a collector street as identified in the City’s transportation master plan. Laurel Parkway must be fully constructed to ensure the convenient and reliable movement of traffic and effective access for emergency services. Laurel Parkway must either: 1) be constructed from the northern property line of the subdivision to West Babcock Street prior to the initial final plat approval of Phase 5A, or 2) be constructed from the northern property line of the subdivision to West Babcock Street prior to the future subdivision or site development of lots within Phase 6, whichever comes first. This section of Laurel Parkway must be guaranteed with an improvements agreement in order to receive final plat approval for Phase 6. 5. BMC 38.400.010.A. Parking must be restricted at all locations where the City’s Design Standards and Specification Policy (DSSP) minimum for Length of Tangency at Intersection has been deviated from and stopping sight distance cannot be met with the presents of parked vehicles. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 46 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 13 of 29 6. BMC 38.400.010.A. STOP signs are required at all location where the City’s DSSP minimum for Length of Tangency at Intersection has been deviated from on non-through streets. 7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the approval of the first phase within Phase 5. 8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The developer must submit a legal instrument setting forth a plan providing for the permanent care and maintenance of common areas and facilities. The same must be submitted to the city attorney and must not be accepted by the city until approved as to legal form and effect. Common areas and facilities must be deeded to a POA and, the applicant must record the proposed documents governing the association at the time of final plat of any phase within Phase 5. 9. BMC 38.380.100.A Affordable housing plan as binding agreement. An affordable housing plan approved by the city is a binding contract between the developer and the developer's successors in interest to the lot or dwelling. Such plan will be included in a separate recorded written agreement between the developer and the city, or incorporated into another recorded document wherein the developer is required to implement the affordable housing plan. The affordable housing plan and associated written agreement must be recorded at the time of final plat approval of any phase within Phase 5. 10. BMC 38.380.100.E Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the initial application approval process for the type of development proposed. A condition shall be attached to the approval of any subdivision plat or site plan to require recordation of the affordable housing plan or other separate agreement obligating the developer to meet the requirements of this article. Per this section see recommended condition number 1 related to affordable housing. 11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the city or the POA. b. For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an instrument acceptable to the city DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 47 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 14 of 29 attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the city or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the city or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 12. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 13. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. A certificate for all improvements related to the perimeter street landscaping and irrigation, stormwater improvements and open space lot landscaping and irrigation must be provided on the final plat. 14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage and city parkland. This certificate must be provided on the final plat. 15. BMC 38.270.030 requires that all improvements to be dedicated to the public, such as water mains, sewer mains, parkland and related improvements, and public streets, must be financially guaranteed by an improvements agreement or installed in accordance with the approved plans and specifications by the developer, and certified by a registered professional civil engineer, licensed in the state of Montana, and accepted by the city prior to the approval of the final plat, building permit, issuance of a certificate of occupancy or other identified benchmark as may be appropriate. 16. BMC 38.420.090. Statements regarding waiver of right to protest the creation of the parks and trails district and indicating that parkland is maintained by the DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 48 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 15 of 29 POA may be removed from the plat and covenants, with the exception of the comments regarding retention ponds. 17. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and all open space lots is required prior to final plat approval. 18. BMC 38.410.060. A City standard sewer easement must be provided for the proposed sanitary sewer connection along the northern property at any point where the sewer line is less than nine feet from the edge of public right-of- way (ROW) or if the access to a manhole falls outside of the public ROW. No easement has been shown on the plat. Additionally, the 10 foot front yard utility easement must be provided along the park and may not be placed within the sewer easement. The 10 foot utility easement must start from the edge of the ROW or sewer easement, whichever is greater and extend 10 feet into the property. 19. BMC 38.410.060. A drainage easement must executed and recorded for the stormwater pond outlet pipe from where the pipe leaves the subject property to the discharge point into Aajker Creek. This easement must be provided prior to the subdivision’s infrastructure approval. The easement must allow for the long term access and maintenance of the pipe by the POA and access by City staff to verify the pipe is being maintained. 20. BMC 38.410.060. The City standard 10 foot utility easement must be extended along the western and eastern parks where the park fronts on public ROW. This easement must be shown on the final plat. 21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be reconfigured to allow for phased development of the Norton Ranch Subdivision. The exact configuration is dependent on the phase and number of dwelling units to be served. Currently, there are three pumps at the lift station with a single principal pump that can operate under different hydraulic conditions that the station experiences, specifically column separation after pumping cycles. Montana Department of Environmental Quality (DEQ) Circular 2 requires that multiple pumps must be provided and of the same size. Units must have capacity such that, with any unit out of service, the remaining units will have capacity to handle the design peak hour flow. The station does not satisfy DEQ firm capacity requirements. The lift station must be upgraded prior to final plat approval for any phase within Phase 5. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 49 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 16 of 29 22. BMC 38.410.070.A. 12 foot all weather access must be provided to each manhole proposed outside of the public right-of-way, specifically sanitary sewer along the northern property boundary. The existing asphalt pathway is not intended to support the loading from a City vacuum truck. The applicant must provide a pavement design report for the pathway demonstrating the necessary section required to support a City vacuum truck and upgrade the pathway as need. This report must be provided with the infrastructure submittal for the subdivision. 23. BMC 38.410.080.A. The proposed stormwater discharge from the detention pond on the northwest corner of the development is located off-site. The applicant must obtain an easement from the adjacent property owner for the off-site discharge prior to final plat approval of any phase within Phase 5. 24. BMC 38.410.080.A. The subdivision is responsible for maintaining the stormwater system. A stormwater maintenance plan must be reviewed and approved with the infrastructure submittal. The approved plan must then be incorporated into the POA documents and a copy of the POA documents demonstrating inclusion of the stormwater maintenance must be provided to the Community Development Division prior to final plat approval of any phase within Phase 5. 25. BMC 38.410.080.A. 12 foot all weather access must be provided to each stormwater manhole proposed outside of the public ROW and extend into all proposed ponds. 26. BMC 38.410.130. The applicant must contact the City Engineering Department (Brian Heaston) for an analysis of cash in lieu of water rights and pay any cash in lieu of water rights due prior to final plat approval. 27. BMC 38.400.040.A.2. Street names must be reviewed and approved by the County’s geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 28. BMC 38.400.070. Subdivision lighting special improvement lighting district (SILD) information must be submitted to the City in hard copy and digital form. Any final plat application for Phase 5 will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. 29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located within Phase 5 must be obtained from the US Army Corp of Engineers prior to infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 50 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 17 of 29 subdivision. The determination must be provided to the City prior to infrastructure design approval. SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application was adequate for continued review and recommended approval with conditions on February 5, 2021. The Planning Board will conduct a public hearing to review the preliminary plat and make a recommendation to the City Commission. The public hearing date for the Planning Board is on March 1, 2021 at 6:00pm via WebEx. The public hearing date for the City Commission is on March 9, 2021 at 6:00pm via WebEx. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition of approval number 2, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 2 and 3 of this report identify conditions and code requirements necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 51 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 18 of 29 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The City of Bozeman Department of Community Development received a preliminary plat application on January 22, 2021, requesting a modification to the major subdivision as it was approved by City Commission on December 15, 2020. The application was deemed adequate on February 5, 2021 and review continued. The final decision for a Major Subdivision must be made within 60 working days of the date it was deemed adequate, or in this case, by April 6, 2021. The City Commission is scheduled to review the preliminary plat and make a decision at their March 9, 2021 public hearing. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman Municipal Code. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130.A.5.a(4), the City Commission must approve, conditionally approve or deny the subdivision application by April 6, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. On February 22, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration by the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for consideration in Sections 2 and 3. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. All city utilities will be located within dedicated street right of ways. Conditions 3 and code requirement 20 require performance of these obligations. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 52 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 19 of 29 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to proposed public streets required to be constructed to City standards per BMC 38.400 and associated design standards. In addition, pursuant to BMC 38.400.090.A, plats must contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the City modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This subdivision will not impact agriculture on the site. The subject property is designated as residential according to the City of Bozeman Community Plan. The area is zoned for residential and has been annexed but is vacant. The buildable portion of the proposed subdivision is entirely residential. No viable farm units exist on the property. The subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. There are no active agricultural water use facilities located within the development. The area is zoned for residential and has been under development for many years. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way of Babcock Street to serve the development. The subdivider proposes to extend water and sewer mains throughout the development and to the individual lots within the subdivision. These internal water and sewer mains will be installed or guaranteed prior to final plat approval. The Norton Ranch Lift station must be upgraded prior to any final plat approval for any phase within Phase 5 and a separate lot must be created for the station as outlined in condition of approval number 30 and code provision number 21. The applicant must provide transfer of ownership of the irrigation facility to the property owners’ association (POA) so that the POA can legally have the water resources necessary to maintain the open space. Irrigation facilities to support the proposed parks must be transferred to the City. Condition of approval number 26 and code provisions 18, 19, and 20 outline the required completion of easements and physical installation of water and sewer mains. Cash in lieu of water rights is required to provide long term water to the project. Code provision 26 applies to this issue. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 53 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 20 of 29 Streets – The Growth Policy and subdivision standards require adequate connectivity of the street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate congestion. The preliminary plat layout utilizes West Babcock Street, a collector, and Vaughn Drive, a local street, to provide east west connectivity and Laurel Parkway, a collector, provides north to south connectivity. Other internal local streets provide access to all lots. The project is well connected and meets block length requirements with the proposed streets and pedestrian midblock crossings. With the initial application (18278), Laurel Parkway was proposed by the developer to be constructed in two phases which was not in compliance with code requirements. The City Commission heard the item on November 17, 2020 and required that the applicant construct Laurel Parkway in one phase from Durston Road to West Babcock. In order to accommodate this requirement, the applicant has submitted this application to modify the conditions of approval and phasing of the development in which the restricted lots in Phase 6 can be sold off to help finance the construction of Laurel Parkway. Laurel Parkway must be dedicated with the initial phase of the subdivision as outlined in condition of approval number 28 and completed prior to the final plat approval of Phase 5A and guaranteed with the final plat for Phase 6 as outlined in code provision number 4. The development’s traffic impact study has identified the intersection of Laurel and Durston will fall below the City’s level of service requirements in the future. However, based on the subdivision’s build out year, the Engineering Department has determined the intersection will have an acceptable level of service by the completion of the entire subdivision as ensured by condition of approval number 7. Street lighting is a component of the required street improvements. A special improvement lighting district (SILD) is proposed to maintain these facilities. Condition number 8 ensures that the SILD will be formed and effective before final plat. The requirement for a single SILD will simplify long term maintenance of the street lights and provide a cost that is more equitably shared. Maintenance and use of public streets is subject to the terms of the Bozeman Municipal Code. The certificate of dedication for the final plat must specify responsibilities for maintenance of all streets, parks and open spaces. Code provisions apply to this issue. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. The necessary addresses will be provided to enable 911 response to individual homes prior to recording of the final plat. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Inspection of installed facilities prior to final plat will verify that standards have been met. Maintenance of the storm water facilities is an obligation of DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 54 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 21 of 29 the property owners’ association. This responsibility is addressed in the covenants proposed with the subdivision. Conditions number 10, 22, and 25 ensures this will be satisfied according to standards with the final plat. There is a proposed stormwater discharge from the detention pond located in Park 5A that then drains off site into Aajker Creek to the west. An easement from the property owner to the west must be acquired in order for the stormwater to travel off site of the Norton property into Aajker which is addressed in condition number 22 and code provision number 19 and 23. Parklands - The proposal meets the required park dedication and improvement standards. The Recreation and Parks Advisory Board recommends approval of the park master plan. A final park plan will be completed and approved with the initial final plat. The parkland proposal for Norton Ranch Phase 5 consists of parkland totaling 8.76 acres within 5 City park lots. A large amount of this land is within watercourse setback areas and the parkland contribution is reduced accordingly; however the inclusion of the watercourses and setback areas within the larger park parcels was allowed with the approval of the Park Master Plan for Norton Ranch Subdivision approved on September 27, 2010 and previous phases. There is a linear park corridor along the west edge of the subdivision that coincides with Aajker Creek. This linear park was proposed to be built in two phases, the southern portion with 5A and the northern portion with 5B. The applicant has agreed to construct the linear park and the trails with Phase 5A as described in condition number 35. At the northwest corner of Phase 5, there is a 1.769 acres park proposed including a .785 acre retention pond. The large park lot is 5.636 acres with 1.678 acres of wetlands. Within this park, there will be a playground area, a parking lot, a Class II gravel pathway, and wayfinding signage. Condition of approval 13 and 14 and code provisions 7 and 15 address park easements and dedication within the development. 4) The effect on the Natural environment Wetlands exist on the property on the eastern portion and on the northern property boundary. The watercourse setback for this wetland is located mainly on the proposed park but does impact some of the lots on the eastern and northern portion of the development, part of Phases 5C and 5D. The City required an updated wetland delineation as it had been over 5 years since the most current one was conducted that was used for previous Norton Ranch phases. The 2018 delineation results indicated that the wetlands had expanded since 2006 due to a several sources of water that have since been abandoned or diverted to Aajker Creek, which flows to the west of the development. Due to this expansion, a new jurisdictional status determination is required from the U.S. Army Corps. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 55 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 22 of 29 Appendix E, Wetland Exhibit for wetland boundary changes. Review of this determination is underway and if it is determined that the wetlands are classified as jurisdictional, they fall under the purview of the U.S. Army Corps which will require additional permitting such as a 404 permit and possible mitigation. Some of the wetland boundary encroaches into lots in Phases 5c and 5d which could result in the wetlands needing to be filled in order for the lots to be developed if they are classified as jurisdictional. Condition of approval number 15 and code provision 3 and 29 ensures that wetland jurisdiction determination must be completed prior to final plat approval. The City requires use of wells or surface water rights to irrigate parks rather than municipal water supply. There is a lesser energy and infrastructure cost to this approach. However, in order for the City to rely on these sources to meet the code requirement there must be the rights to the water. Code provision 11 requires that necessary ownership and rights be transferred to the POA or City as appropriate. The site is in an area of high groundwater, which may negatively impact future homes or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition of approval number 20 prohibits use of basements. This requirement will protect both individual home owners from future hazards of flooding and lessen burden on the public from illicit discharges. 5) The effect on Wildlife and wildlife habitat The subdivision will not significantly impact wildlife and wildlife habitat. The site has been substantially impacted by grazing which has reduced wildlife habitat. There are no known endangered or threatened species on the property. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects related to wildlife impact from this proposed development. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Conditions deemed necessary to ensure compliance are noted throughout this staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The Department of Community Development has reviewed this application against the listed criteria and provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on October 31, 2017. With the pre-application plan review application, waivers were requested from the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 56 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 23 of 29 Supplements.” Some items were not waived and all required material has been addressed. Staff offers the following summary comments on the supplemental information required with Article 38.220, BMC. 38.220.060.A.1 Surface Water As stated in the analysis above on the natural environment, wetlands and surface waters exist on the property. Surface waters on the property a preservation wetland located along the east boundary of the property, a temporary drain ditch excavated in January 2015 along the north property boundary, and an existing temporary retention located in the southwest corner of the property. The proposed layout does not impact the preservation wetland but it will impact the wetland fringe identified in 2018. See Appendix E, wetland exhibit. 38.220.060.A.2 Floodplains Material Waived. There are no designated floodplains on or immediately adjacent to the site. 38.220.060.A.3 Groundwater The groundwater monitoring well report is included at the end of the stormwater design report in Appendix B of the application submittal. Groundwater levels in the monitor wells were measured during the spring of 2018 and groundwater depths ranged from .5 feet to 2 feet. Condition of approval 21 and 25 require additional data to ensure that all City drainage standards are met. The geotechnical investigation conducted in January 2018 is included in Appendix C. Groundwater was encountered in all test pit excavations. Condition 20 restricts basements and crawl spaces for this reason. Plat note 7 restricts crawl spaces and basements and prohibits discharging from sump pumps into the sanitary sewer, storm sewer or onto streets and gutters. A drain tile analysis was conducted in October 2016 to discuss a historic drain tile system that was partially truncated during infrastructure development that occurred in 2013. A replacement drain tile system was installed late 2016, early 2017 to restore the groundwater balance. The associated agency approvals for this system are located in Appendix E. An easement has been granted to Norton Properties, LLC that allows a perpetual drainage pipeline to deliver discharge from the drain tile system to Aajker Creek located to the west of the proposed development and is located in Appendix B. Condition 24 address the drain tile system. Impacts to groundwater are mitigated by conditions of approval and code requirements. 38.220.060.A.4 Geology, Soils and Slopes No unusual geological features are present. The geotechnical investigation conducted in January 2018 is included with this application in Appendix C. The soil was deemed DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 57 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 24 of 29 acceptable to carry the burden of infrastructure with foundation recommendations and bearing capacity detailed in the report. 38.220.060.A.5 Vegetation The site has a history of agriculture with few native plants present except possibly in wetland fringe areas. Wetland mitigation located east of Phase 5 and within the proposed park was conducted in 2007. A summary of this report and conservation easements are included in Appendix E. A watercourse setback bordering the east side of the development and in the park will be revegetated with native grasses and shrubs. 38.220.060.A.6 Wildlife Material waived. No critical wildlife species or habitat are known to be found on the property. 38.220.060.A.7 Historical Features Material waived. No notable features are on the site. 38.220.060.A.8 Agriculture Material waived. See discussion above under primary review criteria. 38.220.060.A.9 Agricultural Water User Facilities There are no active agricultural water user facilities located within the development. 38.220.060.A.10 Water and Sewer New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. The required design reports have been provided in Appendix A. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of water rights is required to provide long term water to the project. Code provision 26 applies to this issue. 38.220.060.A.11 Stormwater Management Stormwater within the subdivision will be conveyed via surface gutter flow to cub inlets, then underground via storm drain piping to a stormwater detention pond located in Park 5A. See stormwater design report in Appendix B. 38.220.060.A.12 Streets, Roads and Alleys A traffic impact study was completed and is included in Appendix F. It was determined by the Engineering Department that the street infrastructure proposed will adequately service the subdivision with the exemption of condition of approval number 28 and code provision 4. See discussion above under primary review criteria. 38.220.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. Standard 10 foot front setback utility easements are provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 58 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 25 of 29 38.220.060.A.14 Educational Facilities A letter was received from Director of Facilities of Bozeman Public Schools. Adequate capacity is available and detailed in Appendix C. 38.220.060.A.15 Land Use The use proposed is exclusively residential for the buildable portion of phase 5, which conforms to the future land use designation and zoning purposes. 148 lots will be developed with Phase 5 which are to the west of Laurel Parkway. The R1A, R1B, R1C, and R1D restricted development lots part of Phase 6 to the east of Laurel Parkway are subject to further subdivision review prior to development. 38.220.060.A.16 Parks and Recreation Facilities There is a Master Park Plan for this project located in Appendix G which details the proposed parks. See discussion above under primary review criteria. 38.220.060.A.17 Neighborhood Center Plan Material waived. A Neighborhood Center was satisfied with Phase 3 on the southeast corner of Babcock and Laurel Parkway. In this neighborhood center includes pedestrian infrastructure and park amenities. The entirety of Phase 5 is within one-half mile of the existing neighborhood center. 38.220.060.A.18 Lighting Plan All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A special improvement lighting District (SILD) must be created prior to final plat application. 38.220.060.A.19 Miscellaneous Material waived. No additional impacts or hazards anticipated. 38.220060.A.20 Affordable Housing There will be 14 affordable single household detached lots constructed to meet affordable housing requirements. They are expected to be single family detached homes with 3 bedrooms. The affordable homes will be constructed in Phase 5A on Lots 1, 2, 21 and 22 of Block 23, Lots 1 and 2 of Block 22, Lot 8 and 9 of Block 18, Lots 8, 9, 10 and 11 of Block 19 and in Phase 5C on Lots 10 and 11 of Block 18. CAHAB reviewed and recommended approval of the Affordable Housing Plan. See Appendix H for more information on the affordable housing plan. Condition 12 and code provisions 9 and 10 detail affordable housing requirements prior to final plat approval. SECTION 6 – FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 59 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 26 of 29 B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on March 9, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The applicant acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on March 9, 2021 and no members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 2 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 60 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 27 of 29 DATED this ______ day of ___________, 2021 BOZEMAN CITY COMMISSION ____________________________ Cynthia L. Andrus Mayor ATTEST _______________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney 23rd March DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 61 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 28 of 29 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Moderate Density), R-3 (Residential Medium Density District), and R-4 (Residential High Density District. The buildable portion of the subdivision subject to immediate development is located in the R-2 and R-3 districts. The intent of the R-2 residential moderate density district is to provide for one- and two- household residential development at urban densities within the city in areas that present few or no development constraints. These purposes are accomplished by: 1.Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2.Providing for community facilities to serve such development while respecting the residential quality and nature of the area. Use of this zone is appropriate for areas with moderate access to parks, community services and/or transit. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1.Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2.Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Residential.” The “Residential” classification designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 62 21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 29 of 29 centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features, such as floodplains, may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints, such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. Per Article 38.220, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Content of the notice contained all elements required by Article 38.220, BMC. No public comment has been received. APPENDIX C - OWNER INFORMATION Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701- 5877 Applicant: Kilday & Stratton, Inc., 2880 Technology Boulevard West, Suite 273, Bozeman, MT 59718 Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT 59718 Report by: Sarah Rosenberg, AICP, Associate Planner FISCAL EFFECTS The development will generate the typical costs and revenues of residential development. DocuSign Envelope ID: 1EA05B47-19D0-4BBE-B959-EF6EBF1B4884 63 MEMORANDUM TO: TIM COOPER, CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: SARAH ROSENBERG, ASSOCIATE PLANNER SUBJECT: FINAL PLAT REVIEW FOR THE NORTON RANCH PHASE 6 MAJOR SUBDIVISION, PLANNING FILE NO. 21141 DATE: JULY 23, 2021 Kilday and Stratton, on behalf of Norton Properties, LLC (Owner), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Norton Ranch Phase 6 Major Subdivision (which would create 5 restricted lots). Attached is a copy of the Findings of Fact and Order. The Commission approved the Findings of Fact on March 1, 2021. Major subdivision approvals are valid for three years plus extensions. Two improvements agreements are required for this subdivision for the following improvements: the installation of sidewalks and the construction of Laurel Parkway. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, property owner association documents, improvements agreement, and a copy of the Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats. A completed application with the exception of the signed mylars was submitted to the Community Development Department on July 17, 2021. It was deemed adequate on July 21, 2020. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the signed mylars are received. The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met are described in the submittal materials. An exception to this are that it was determined that subdivision improvements agreements are required for uninstalled sidewalks, street, and open space landscaping. We have the agreements in hand and the financial 64 Page 2 of 2 guarantees are provided by irrevocable standby Letter of Credit and non financial guarantees in the form of a building permit restrictions. The original of each LOC is included with the Improvements Agreement. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on August 24, 2021. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Original Quick Claim Deed Stormwater Utility Easement Public Street Utility Easement Realty Transfer Certificate Waiver of SIDs Improvements Agreement cc: File 65 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Kreuger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Findings of Fact for Bridger Meadows Planned Unit Development, Application 20350 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:NA 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:Bridger Meadows Planned Unit Development application was reviewed by the City Commission on Tuesday, July 20, 2021. The application was for a residential development that requested 6 relaxations from the code. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, an amended motion was made: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions including a new condition that any wetland setbacks be no less than 35 feet.” Upon further discussion of the amended motion, the City Commission made individual findings and the motion to approve failed on a vote of 1-4. No alternate motion was offered. Therefore the project failed to be approved. The analysis and summary findings for this project can be found in the attached staff report. UNRESOLVED ISSUES:NA ALTERNATIVES:NA FISCAL EFFECTS:NA 66 Attachments: 20350 PUD CC Staff Report FOF .pdf Report compiled on: August 6, 2021 67 Page 1 of 28 20350, Findings of Fact for the Bridger Meadows PUD Preliminary Plan Public Hearing Date: Design Review Board (DRB), June 9, 2021 at 5:30 pm via WebEx. City Commission, July 20, 2021 at 6:00 pm via WebEx. Project Description: A Preliminary Planned Unit Development (PUD) to create a major subdivision that includes 16 single family household lots on 11.87 acres. The development also includes a 7.15 acre wildlife refuge and wetland preservation site and 1.72 acres of open space. The property is zoned R-1. Six relaxations were requested with this application. This project includes a Preliminary Plat and comments on that application are affiliated with application number 20351. Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres, Bozeman, Gallatin County, Montana. Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Commission Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-6, subject to conditions and all applicable code provisions. Report Date: August 5, 2021 Staff Contact: Sarah Rosenberg, AICP, Associate Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and all public comment received. The property owner and applicant submitted a preliminary planned unit development (PUD) application to create 16 residential lots and five common open space lots on 11.87 acres. The development also includes a 7.15 acre wildlife refuge and wetland 68 20350, Findings of Fact for the Bridger Meadows PUD Page 2 of 28 preservation site, and 1.72 acres of open space. The site is presently vacant and surrounded by residential subdivisions to the north and east, a commercial development to the south and Glen Rotary Park to the west. The site is accessed from Birdie Drive to the east and emergency vehicle access from Commercial Drive to the south. The property is zoned R-1. Six relaxations to the Bozeman Municipal Code (BMC) zoning regulations are proposed with the application: 1. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. 2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. 3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. 4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. 5. 38.410.040.B. A relaxation from the block length requirements. 6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. The Design Review Board reviewed this application on June 9, 2021. Public comment was taken at the meeting and comments in opposition to the project cited concerns with access, wetland encroachment, and privacy between the proposed development and the Village Green development that borders the property to the east. The DRB cited concerns with wetland encroachment and fill, the negative impacts that the development could have on wildlife, and the relationship between the neighboring properties and the proposed project. Although the DRB found that the project is a challenging site, it determined that the development met the intent and standards of a PUD; therefore they recommended approval 5-0. Video of the meeting can be found here: https://bozeman.granicus.com/player/clip/99?view_id=1&redirect=true This application is affiliated with a Preliminary Plat application, 20351. The Planning Board reviewed the preliminary plat application on Monday, June 21, 2021 and recommended approval of the preliminary plat 5-1. Video of the meeting can be found here: https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true The criteria for granting a PUD are found in BMC 38.430.090. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.320.030.A.4. Per 69 20350, Findings of Fact for the Bridger Meadows PUD Page 3 of 28 38.200.010.A, the City Commission is the final review authority for a planned unit development. The City Commission in the process of review receives non-binding recommendations from staff and advisory boards. The City Commission “must make a determination that the [relaxations] will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division …”. 38.430.030.A.4.c, BMC. Therefore, if a finding of superior outcome is not supported or made by the City Commission the planned unit development does not meet the criteria for approval and no relaxation will be granted. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application. Public comment was received in both support and opposition of the project. The public comment can be found at this link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA N&cr=1 The City Commission held a public hearing on the application on July 20, 2021. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, an amended motion was made: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions including a new condition that any wetland setbacks be no less than 35 feet.” Upon further discussion of the amended motion, the City Commission made individual findings and the motion to approve failed on a vote of 4-1. No alternate motion was offered. Therefore the project is failed to be approved. The analysis and summary findings for this project can be found below in this report, especially in Section 7 – Findings of Fact, Order and Appeal Provisions. The City Commission’s alternative findings can also be found in Section 6 – Staff Analysis and Findings, subsection 6 and 8, which identifies the relaxations the City Commission did not approve. Without the relaxations the application fails to comply with regulations applicable to the project. These PUD findings of fact are meant to be incorporated into and supplement the preliminary plat application 20351 findings of 70 20350, Findings of Fact for the Bridger Meadows PUD Page 4 of 28 fact because the preliminary plat application is inextricably linked to and dependent on approval of the PUD application. Video of the City Commission hearing can be found at this link: https://bozeman.granicus.com/player/clip/117?view_id=1&redirect=true 71 20350, Findings of Fact for the Bridger Meadows PUD Page 5 of 28 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 TABLE OF CONTENTS .................................................................................................................................. 5 SECTION 1 - MAP SERIES ............................................................................................................................ 6 SECTION 2 - REQUESTED RELAXATIONS ............................................................................................ 9 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 9 SECTION 4 – REQUIRED CODE PROVISIONS ................................................................................... 11 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ..................................................... 11 SECTION 6 – STAFF ANALYSIS AND FINDINGS .............................................................................. 11 Applicable Plan Review Criteria, Section 38.230.100, BMC. ............................................... 11 Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. .................... 18 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................................... 24 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ................................................. 26 APPENDIX B – NOTICING AND PUBLIC COMMENT ...................................................................... 26 APPENDIX C – PROJECT BACKGROUND ............................................................................................ 27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 27 APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT ........................................................... 27 ATTACHMENTS ........................................................................................................................................... 28 72 20350, Findings of Fact for the Bridger Meadows PUD Page 6 of 28 SECTION 1 - MAP SERIES Figure 1: Zoning Classification 73 20350, Findings of Fact for the Bridger Meadows PUD Page 7 of 28 Figure 2. Site Plan 74 20350, Findings of Fact for the Bridger Meadows PUD Page 8 of 28 Figure 3. Illustrative Plan 75 20350, Findings of Fact for the Bridger Meadows PUD Page 9 of 28 SECTION 2 - REQUESTED RELAXATIONS The PUD application included six requested relaxations. Relaxations can be granted through a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff reviewed the criteria and found that the relaxations meet justification for approval. The City Commission did not find relaxation 1, 2, 5, and 6 to be justified. See analysis below on City Commission’s findings. 1. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. 2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. 3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. 4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. 5. 38.410.040.B. A relaxation from the block length requirements to allow for a longer block length. 6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. SECTION 3 STAFF RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the PUD application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070. The applicant 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 38.430.040.A. The final planned unit development plan must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. 3. BMC 38.220.120. The applicant shall submit with the application for Final PUD Plan review and approval, a written narrative stating how they have responded to each of these comments. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 4. BMC 38.430.040.A The requested relaxations to the following sections are granted as proposed in the application materials and must be reflected in the final planned unit development plan, design guidelines, and associated property owners’ association documents: 76 20350, Findings of Fact for the Bridger Meadows PUD Page 10 of 28 a. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. b. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. c. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. d. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. e. 38.410.040.B. A relaxation from the block length requirements to allow for a longer block length. f. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. 5. BMC 38.420.080. Trail totems shall be installed at the entrances of the trail. Final design of the trail totem must be approved by the Parks Department. 6. BMC 38.410.060.A. Ten foot front setback utility easements must be provided for as shown on the preliminary planned unit development plans either through individual recordable documents or through the final plat review process prior to final planned unit development plan approval. 7. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 8. BMC 38.430.030. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bridger Meadows Subdivision Phase are subject to specific design standards, unique building setbacks from property lines, and restrictions on use. These standards may be found in the Bridger Meadows Design Guidelines. Lot owners are advised that these are specific to the Bridger Meadows Subdivision and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bridger Meadows approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Bridger Meadows Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 9. BMC 38.430.070.D. The City of Bozeman has relied upon the overall design and design standards required as part of the planned unit development application. The design and design standards may not be altered without consent of the City. 10. With final PUD covenants and design manual, provide a one page exhibit of each lot identified by legal description that includes setback requirements, watercourse setback zones (if applicable), building area, and landscape/watercourse setback planting requirements. 77 20350, Findings of Fact for the Bridger Meadows PUD Page 11 of 28 11. BMC 38.410.100.A. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline, etc.) can be located within the watercourse setback. This language must be included in the Design Manual and Covenants. 12. BMC 38.400.110. Public access easements must be provided as shown on the preliminary planned unit development plans for all publicly accessible open space areas prior to final planned unit development plan approval. 13. No property may be removed from the PUD or covenants without written approval of the City of Bozeman. SECTION 4 – REQUIRED CODE PROVISIONS 1. 38.410.100. With the final PUD, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. SECTION 5 - RECOMMENDATIONS AND ACTIONS The DRC determined that the application was adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on May 19, 2021. Public hearing date for the Design Review Board was on June 9, 2021. The hearing was held via WebEx. The DRB recommended approval 5-0 of the PUD. Public hearing date for the City Commission was July 20, 2021 at 6:00 PM. The hearing was held via WebEx. SECTION 6 – STAFF 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. Applicable Plan Review Criteria, Section 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy Yes. The property has a future land use designation of Urban Neighborhood. The change in intensity is anticipated by the growth policy in areas of the city with adequate 78 20350, Findings of Fact for the Bridger Meadows PUD Page 12 of 28 infrastructure. The proposed use of residential units is in conformance with the City’s adopted growth policy, the Bozeman Community Plan, including the following goals and objectives: Goal N-1.4: Promote the development of accessory dwelling units. The Bridger Meadows development allows for accessory dwelling units as outlined in the R-1 zone district allowable uses and the Design Covenants. Goal N-1.10: Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. The Bridger Meadows development provides additional pathways that connect to the City’s existing trail network. A pedestrian network borders the northeast that connects to the Glen Lake Rotary Park and the Story Mill Community Park. Goal EPO-2: Work to ensure that development is responsive to natural features. Sensitive lands exist on the site which are to be preserved into a 7.15 acre wildlife refuge area. This area is located to the west of the developable lots. This wildlife refuge is adjacent to the Glen Lakes Rotary park area which creates a larger ecosystem that promotes habitation for wildlife and additional preservation of natural features. City Commission Findings: The City Commission found that the project’s proposed relaxation to allow development in the water course setback was not responsive to natural features and is unacceptable. The Commission noted that the primary objective of the PUD is to preserve sensitive natural areas, including the extensive wetland found on the property. However, the proposal to encroach into the water course setback flies in the face of the efforts otherwise proposed to protect the natural features. Noting that the proposed setback was a mere “cartwheel away” from wetlands, the Commission found that a more reasonable setback would be at least a 35 foot setback. An application must “substantially comply” with the content of the growth policy in order to meet this criterion. Such a standard includes both objective and subjective determinations. The PUD application under review both advances and is in conflict with the policies of the adopted growth policy. As the application does not provide necessary separation from wetlands and natural features the application is not in accordance with the growth policy. On balance, by a vote of 1-4 the City Commission found that this criterion was not met. Further, the application of the existing standards in the absence of relaxation 6 makes many of the lots in the associated subdivision preliminary plat unbuildable. The lots would need to be removed or some other alternate configuration be proposed. Such changes would fundamentally alter the nature of the application. Therefore, due to the failure of the application to substantially comply with the growth policy; and that the public, staff, and 79 20350, Findings of Fact for the Bridger Meadows PUD Page 13 of 28 Commission would not have had opportunity to review and comment on the materially altered project design it is appropriate for the application to not be approved. 2. Conformance to this chapter, including the cessation of any current violations There are no known violations on the property. The project proposes several alternative standards for development within the PUD. If the remaining PUD and subdivision processes are completed, and the City Commission approves the requested relaxations, then the project will be in conformance. If the Commission does not approve the relaxations then the project will not be in conformance and should not be approved. City Commission Findings: The Commission found that several relaxations were too incompatible with standards of the Unified Development Code (UDC) that protect the health, safety and welfare of the community. Specifically, the Commission cited the lack of a second public access point to the subdivision, as well as the location of the emergency access point being so near to the only public access, as endangering public health and safety. If a fire, flood, or other natural disaster occurred in or near the subdivision, ingress and egress would be severely hindered by both the lack and location of the only access points to the neighborhood. Additionally, the cul-de-sac layout may cause challenges to reacting to an emergency or natural disaster and reaching affected areas of the neighborhood. Commissioners expressed concern about the precedential value of a decision to allow relaxations contrary to public health and safety that would invite future developments to do the same. The Commission also found that the project did not present a superior product in exchange for the several relaxations required by the proposed design, including block length, cul-de-sac, and no secondary public access. 3. Conformance with all other applicable laws, ordinances, and regulations The proposed uses of the site are consistent with regulations. If approved, additional steps will be required including but not limited to final payment for cash in lieu of water rights, approval of the final planned unit development, dedication of the utility easements, construction of infrastructure, and building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. Condition of approval 1 requires full compliance with all applicable code requirements. City Commission Findings: The Commissioners found that cul-de-sac’s curtail traffic circulation, contrary to the aims of the City’s “complete streets” policy. 4. Conformance with special review criteria for applicable permit type as specified in article 2 The PUD criteria are reviewed below on page 14. The project meets the requirements and criteria as presented. 80 20350, Findings of Fact for the Bridger Meadows PUD Page 14 of 28 City Commission Findings: The City Commission found that the PUD criteria were not met. See further explanation of contrary findings below. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable The uses are permitted in the R-1 district. Form and intensity standards are met with the proposal. No relaxations from the R-1 form and intensity standards are requested with this application. Future building permits will be reviewed to determine compliance with 38.350.070: Parking and garage for single to four household residential uses and 38.360.220: Single, two, three, and four household dwellings. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Access to the site is via a proposed extension of the drive off Birdie Drive through the Links Condominium development to the east via a public access easement. A secondary emergency access to the site comes from the south off Commercial Drive. This access is gated at the property line that is in accordance to Fire Department requirements. This second access is not feasible as a public entrance due to physical constraints on the alignment and the connection to Commercial Drive. Relaxation number 1 requests there only be one public access, which the Development Review Committee (DRC) supports, since there are no other possible locations for public access due to the presence of critical lands and adjacency to parks and other development. A cul-de-sac is proposed at the end of the drive through the development with relaxation number 2. Generally, cul-de-sacs are prohibited unless they are deemed necessary due to topography, the presence of critical lands, lack of other options for legal access, or other similar site constraints. Since there are site constraints and critical lands within the development, a cul-de-sac is requested to provide access to the interior home sites. The DRC has analyzed this proposal and found that the use of the cul-de-sac is deemed necessary. A relaxation for a narrower right of way width of 50 feet rather than the standard 60 feet is requested to eliminate impacts to the existing wetlands. The street itself meets all City standards for all local streets including curb-to-curb width, slopes, and horizontal alignment. The DRC is in support of this relaxation. Public pedestrian access is provided from the street directly through and into the project. Rather than a sidewalk on both sides of the street as relaxation number 4 requests, the East Gallatin trail along the north side of the road provides public pedestrian circulation to and 81 20350, Findings of Fact for the Bridger Meadows PUD Page 15 of 28 around the development. A spur trail through open space 1 and 2 adjacent to lot 1 and in between lots 7 and 8 provide a midblock public pedestrian connection for viewing the wildlife refuge. This also helps alleviate the long block length that the applicant is requesting with relaxation number 5. The DRC is in support of both of these relaxations since there is adequate pedestrian infrastructure to connect the development to adjacent lands. All open space and trails through the development include a public pedestrian easement so that community members can access views of the wildlife refuge. Water and sewer is provided to each lot through mains within City owned rights of way. The applicant will be constructing water mains to support the site. Site surface drainage generally meets standards at this level in the design for the streets and development. Cash in lieu of water rights is proposed and will be paid with the final site plan for site development. Parkland is required for the site and the applicant is requesting a cash-in-lieu of dedicated parkland since the development is nearby the Glen Lake Rotary Park and Story Mill Community Park. The City has not accepted the 7.15 acres of the wildlife refuge as parkland due to environmental and natural resource constraints. This will be maintained by the Property Owners Association. There will be no trails within the wildlife refuge to minimize conflict with wildlife and negative impacts to the sensitive lands. City Commission findings: The City Commission found that many elements of the proposed project were not in conformance with the community design provisions of article. See discussion under Criterion 2 above. With respect to transportation facilities and access, the Commission found that the provisions of 38.400.010.A. 2, 5, 8, and 9 were not met. The Developer’s requests for relaxations for a second access and the use of a cul-de-sac has negative and unacceptable public health and safety implications. Although the developer stated that a secondary public access cannot be obtained, the Commission found that without a through connection to Boylan Road, the convenient movement of traffic and the effective provision of emergency services is severely impacted when only one means of public access with a secondary emergency access in close proximity to the primary access, but far away from homes that may need emergency services, is provided. While cul-de-sacs can be allowed under certain conditions, the large number of homes with only a single access, narrower than standard street cross section, and the length of the cul-de-sac collectively create a situation contrary to the intent and purpose of the standards of 38.400.010.A. The proposed mitigation of a secondary emergency access is unacceptable given the impacts to public health and safety caused by the development’s diminished ability to provide emergency services. 82 20350, Findings of Fact for the Bridger Meadows PUD Page 16 of 28 The Commission found that the proposed site plan also fails to conform to the provisions of 38.410.010.B and C, BMC. First, although the project requested all of its PUD points for its preservation of the sensitive natural environment on site, the proposal to encroach into the wetlands by decreasing the required watercourse setback does not preserve the natural terrain and may impact the drainage and existing vegetation found in the setback area. Second, the site contains wetlands and has the potential for flooding with a significant portion of the property located within the floodplain of the E. Gallatin River, making a portion of the lands unsuitable for development. The hazards and excessive public burdens are not eliminated or will not be overcome by the proposed design because the developer merely asks for relaxations through the PUD process to avoid conforming to code standards. The application would allow structures to be built in the watercourse setback, on lands unsuitable for development. The public burden of providing emergency services and adequate public access to the subdivision is not overcome by the provision of one emergency access point that is located very near the only public access point. The Commission also found that the project fails to conform to other provisions of article 4. The proposed design does not conform to the requirements of 38.410.040, BMC, to ensure a high level of multimodal connectivity or ease of traffic circulation because it provides one very long block, which terminates in a cul-de-sac, and is accessed by only one vehicular means of public access. The cul-de-sac is not connected to any surrounding streets besides Birdie Road and there is no means for traffic to circulate in the area. The proposed design does not conform to the fire protection requirements of 38.410.090 because the limited access to the subdivision, proximity of the emergency access to the public access, proposed block length, and termination in a cul-de-sac pose challenges to the effective and efficient suppression of fires or provision of other emergency services in order to protect persons and property. Finally, the development is adjacent to a watercourse and the developer has failed to mitigate the impacts of the development on the watercourse as required by section 38.410.100, BMC, by requesting to diminish the required setback. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; Not applicable as single household dwellings, the only proposed type of buildings in the PUD, do not have to adhere to Article 5. 8. Conformance with environmental and open space objectives set forth in articles 4-6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is 83 20350, Findings of Fact for the Bridger Meadows PUD Page 17 of 28 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 The applicant is requesting a relaxation of the requirement to extend the watercourse setback to the edge of any delineated 100-year floodplain and connected wetlands. The applicant proposes to place fill within the 100-year floodplain fringe (i.e., outside the FEMA-defined 100-year floodway) on the south/west side of Lots 3, 4, 5, 6, 9, 10, 11 and 12 of the proposed development. In addition, it is proposed to excavate and remove existing soil from the 100-year floodplain fringe west of Lot 6. The fill material being removed is an historic artificial fill, so this area is being mitigated to resemble the previous, historic elevations prior to fill placement. According to the wetland delineation report, this excavation and fill will assist in more flood carrying capacity to the floodplain. The Applicant proposes to place fill within the wetlands in Lot 4 and in Lots 10, 11 and 12. A 404 permit application is required with the final plat application. The wetlands delineation report can be found under Appendix D of this application. In order to mitigate for the proposed wetland buffer width reductions, there are measures proposed in the Building Design Guidelines to reduce runoff into the sensitive lands (i.e. rain barrels and infiltration facilities) and native grasses will be planted within and along the buffer. The configuration of the development is also intended to create a buffer between the public circulation areas and wildlife refuge areas. Condition of approval numbers 12 and 13 address the restrictions set on the lots so that no structures can be built within the watercourse setback and the appropriate watercourse plantings are provided. In total, there will be .09 acres of impacts on the wetlands and .41 acres of impacts to the floodplain area. Since the mitigation impacts are under 1/10th of an acre, no additional mitigation is needed. City Commission findings: The City Commission disagreed with these staff findings and made an alternative motion to remove relaxation number 6 and to create a new condition that any wetland setback to be no less than 35 feet. The Commission supported the motion by finding that the proposed development does not enhance the natural environment and watercourse protections by seeking to substantially encroach into the watercourse setback. The Commission found this PUD’s laudable main goal of preserving sensitive lands is not served by reducing the watercourse setback to a minimal distance. Rather, the Commission determined that an appropriate balance between allowing development while preserving the natural environment would be a 35 foot watercourse setback to minimize the impact to the wetlands. 9. Conformance with the natural resource protection provisions of article 4 and article 6 84 20350, Findings of Fact for the Bridger Meadows PUD Page 18 of 28 Wetlands and the East Gallatin River and its associated floodplain are located adjacent to and within the site. Code provision number 1 requires a watercourse planting plan with the final PUD. The project proposes to re-plant existing wetland vegetation mats from impacted wetlands into this area. City Commission Findings: As noted above, the Commission found that the project fails to conform to watercourse setbacks required for natural resource protection and proposed an alternative, reasonable setback of 35 feet from the watercourse to allow development while protecting nearby waters and wetlands. 10. Other related matters, including relevant comment from affected parties Public comment has been received both in support and opposition of the project. See project summary above for link to all public comment. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming Not applicable. The site will be divided according to the companion subdivision (20351). 12. Phasing of development Not applicable. The project is proposed to be constructed in one phase. Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. The application presents the applicant’s response to these criteria. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. A. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? 85 20350, Findings of Fact for the Bridger Meadows PUD Page 19 of 28 Yes. The proposed Bridger Meadows development will be connected to and be served by City utilities. The proposed development is near the proposed public safety center (fire station) and response time is expected to be under 2 minutes. Additionally, the developer looks to enhance and exceed city requirements with respect to creation and dedication of 7.15 acre wildlife refuge. The streets will be designed and constructed to meet city standards with some relaxations for right of way width and pedestrian facilities, as noted in the relaxation request section of this application. Appropriate easements for street construction, utilities, emergency access, and trails are provided. See list of relaxations for additional information on trails, walks, and utility ways, as well as flood hazard areas, streets and for sidewalk along both sides of street. City Commission Findings: No. The Commission found that the development does not comply with all City design standards and that the proposed relaxations from requirements of code were unreasonable, particularly with respect to the impact to protecting homes in the subdivision from fire and flood hazard areas. (2) Does the project preserve or replace existing natural vegetation? Yes. The developer looks to enhance and exceed city requirements by preserving approximately 7.15 acres as a wildlife refuge with woodland and wetland habitat. In addition, the developer plans to incorporate requirements for natural, sustainable, and local vegetation in the development design guidelines. The Design Guidelines will include a list of recommended plant species for all trees, perennials and shrubs that are either native to the region or adapted to our climate and growing zone. Drought tolerant plants will be recommended for most locations on-site with the exception of wet areas where it will make sense to have plants that tolerate wet roots. Plants will be selected for diversity of size, canopy, color and seasonal interest for both the purposes of providing habitat and visual interest. City Commission Findings: No. The Commission found that, while a principal goal of the development is to protect sensitive lands, it proposes to allow development well into the watercourse setback and therefore fails to preserve existing natural spaces and vegetation. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Yes. The applicant has incorporated comments obtained from the City representatives through various meetings held throughout the process. The modifications suggested and discussed with City representatives including placement of the lots, roads, sidewalks, wildlife refuge, and wetlands are incorporated. The project will provide emergency access with Knox pad lock through an easement at Commercial Drive as recommend by the fire department and is addressing floodplain and watercourse setbacks. The applicant states 86 20350, Findings of Fact for the Bridger Meadows PUD Page 20 of 28 that it has worked with adjacent property owners and the City to resolve access and easement issues on this central infill project. One public comment indicated that there is pending litigation regarding the access to this site. The City will require proof of a valid easement to access the site prior to final plat approval. In addition, the applicant will establish a maintenance agreement between the Home Owners Association and adjacent owners along the easement to Commercial Drive to maintain the emergency access year- round – both within and outside the property boundary. The site layout accommodates UDC issues where applicable and requests relaxations where necessary to protect the wetlands and wildlife habitats, provide safe and convenient access and improve the property with respect to the Bozeman Community Plan. Relaxations are requested to accommodate existing site conditions imposed on the site by previous development of surrounding properties and provide additional improvements above and beyond the Bozeman Municipal Code to create a superior environment, exceed the requirements of the code standards, and create an excellent living environment within the Bozeman community. City Commission Findings: No. The Commission found the proposed cul-de-sac and only one means of public vehicular access to the subdivision would significantly curtail traffic circulation and was not designed to promote an efficient and functional development. (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Yes. Design Regulations and Guidelines encourage sustainable design practices. (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Yes. The applicant has made adjustments and modifications with respect to lots, roads and trails to better accommodate privacy, efficiency and limit impacts to the overall site including the wetlands. The revisions have taken into account the staff comments and adjustments made accordingly to improve the overall design. The arrangement of the lots and roads are consistent with recommendations and discussions with city representatives and advisors to the project. (6) Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes. The applicant looks to dedicate over 7.15 (60.2%) of the site to a protected wildlife refuge as well as provide open space and recreational space. This dedicated area exceeds the city requirement per section 38.420.020 and table 38.420.020.A. The required 87 20350, Findings of Fact for the Bridger Meadows PUD Page 21 of 28 dedication is .3 acres based on the maximum required dedication per acre of 10 dwellings for R-1 (10 dwellings x .03 acres). The applicant is providing 7.15 acres of wildlife refuge habitat and .52 acres of open space which exceeds the requirements for even 16 dwellings (16 dwellings x .03) at .48 acres. In addition, the developer will provide a play area and gathering area accessible by trails at the southeast end of the wildlife refuge. The dedication of this property to open space demonstrates Bridger Meadows efforts to create a superior environment, exceed the requirements of the code standards, and create an excellent living environment within the Bozeman community. (7) Performance. All PUDs shall earn at least 20 performance points. Yes. This PUD proposes to use (a) Additional Open Space to earn its 20 performance points based on the open space provided. Between the wildlife refuge, public and non-public open space, and wayfinding signage, a total of 69.71 points are achieved. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Yes. The development will correct the isolation imposed on this property by decisions made over the years that resulted in very limited access and easement connections to adjacent properties. The applicant has made exemplary efforts to incorporate comments obtained from the City representatives through various meetings. The modifications suggested and discussed with city representatives including placement of the lots, roads, sidewalks, wildlife refuge, and wetlands have been incorporated. The project will provide a swing gate with Knox padlock at the emergency access and will address flood plain and water course setbacks as stated elsewhere in this application. The site layout accommodates Bozeman Municipal Code issues where applicable and requests relaxations where necessary to protect and enhance the wetlands and wildlife habitats, provide safe and convenient access and improve the property with respect to the Bozeman Community Plan. Relaxations are requested to accommodate existing site conditions imposed on the lot by previous development of surrounding properties and to provide additional improvements above and beyond the requirements of the Bozeman Municipal Code. City Commission Findings: No. The City Commission found that the proposed development is isolated, provides inadequate means of traffic circulation, and is not properly integrated into surrounding neighborhoods because it has only one public vehicular access point and terminates in a cul-de-sac. B. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique 88 20350, Findings of Fact for the Bridger Meadows PUD Page 22 of 28 character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (article 10 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: (1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? Yes. The development proposes single family detached houses which is an allowed use in the R-1 zone district. It is consistent with the development surrounding the subject property. City Commission Findings: The development only achieves the minimum required residential density by requesting several relaxations from code requirements to narrow streets, and otherwise amend code requirements to allow developable lots within the watercourse setback. (2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Yes. Every lot or home has access to private outdoor space. There are common open space lots that will provide pedestrian amenities. (3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes. As discussed previously, there is ample open space in and around the development and larger neighborhood parks nearby. (4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. (5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? Yes. Bridger Meadows is designed and intended to achieve a vibrant infill project while creating a distinct identity and connecting to natural areas and open space. 89 20350, Findings of Fact for the Bridger Meadows PUD Page 23 of 28 City Commission Findings: Although the Commission recognized and found laudable the developer’s efforts to protect sensitive natural lands, the Commission found that the project fails to enhance the natural environment because is proposes to allow development in the watercourse setback. (6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in article 8 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the base density upon which the density bonus is calculated. Not applicable. (7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? No limited commercial development is proposed. (8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes. Bridger Meadows will have its own, unique character reinforced through architecture, site design and circulation. Visual and physical connections to adjacent neighborhoods and shared open space transitions will promote its individuality as well as allow it to blend in with the pattern of the larger neighborhood. City Commission Findings: No. Bridger Meadows will not be incorporated into neighboring development because it has no connection to any nearby neighborhoods except the one though which its public access passes. The development is not connected to neighborhoods to the north and east because there is no access to Boylan Road. No traffic circulation will occur because the proposal includes only one point of access terminating in a cul-de-sac. The pedestrian access point on the north is insufficient to provide the required compliance with this standard. 90 20350, Findings of Fact for the Bridger Meadows PUD Page 24 of 28 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a residential development with relaxations to zoning regulations and City standards which is affiliated with a preliminary plat application. B. The purposes of the preliminary planned unit development review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the planned unit development should be approved, conditionally approved, or denied. C. The matter of the preliminary planned unit development application was considered by the City Commission at a public hearing on July 20, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The applicant acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on July 20, 2021 and 14 members of the public offered testimony on the application as submitted. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary PUD application and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission amended the proposed motion and found that the proposed preliminary PUD did not comply with the requirements of the Bozeman Municipal Code. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission denied the PUD application. G. The preliminary PUD has been found to not meet the criteria of Applicable Plan Review Criteria outlined in Section 38.230.100, BMC and the Planned Unit Development Review Criteria outlined in Section 38.430.090.E, BMC, and is therefore denied for the reasons described in the analysis section and summarized below: i. The Commission found that the relaxations requested, specifically relaxations 1, 2, 5, and 6, presented too much departure from the public health, welfare, and safety 91 20350, Findings of Fact for the Bridger Meadows PUD Page 25 of 28 provisions of the code and are untenable. The Commission noted that the intent of a PUD is to promote “innovation” and advance community objectives “with regard to the improvement and protection of the public health, safety, and general welfare.” See 38.430.010, BMC (emphasis added). Rather than advance an innovative project, Bridger Meadows uses the PUD process and its relaxations from strict requirements in code to simply make the project work. The Commission noted further that many of the “innovations” cited by the applicant, such as wetland preservation, are already required by code and therefore does not produce a superior outcome or innovative project beyond the existing standards in code. The single point of public vehicular access, proximity of the secondary emergency access to the only point of public vehicular access, the use of a cul-de-sac, the longer block length, and the encroachment into the wetlands do not meet the intent of the PUD nor is it responsive to the needs of the community. The requested relaxations would have negative impacts to public health and safety for which no mitigation, or unacceptable mitigation, is offered. H. Pursuant to 38.250.090, this City Commission decision may be appealed as authorized by state law. DATED this _______day of , 2021. BOZEMAN CITY COMMISSION: _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 92 20350, Findings of Fact for the Bridger Meadows PUD Page 26 of 28 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The intent of the R-1 residential low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Urban Neighborhood.” 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. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. 38.220.420, BMC. Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on June 6, 2021. The site was posted with a notice on June 6, 2021 and a legal advertisement was published in the Bozeman Daily Chronicle on June 6, June 20, and July 18, 2021. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received both in support and opposition of the project and can be found at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA N&cr=1 93 20350, Findings of Fact for the Bridger Meadows PUD Page 27 of 28 APPENDIX C – PROJECT BACKGROUND The subject property was annexed into the city in May 2018 with R-1 zoning. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant/Representative: Bridger Center LLC, 3701 Tracker Trail, Suite 1B #20, Bozeman, MT, 59718 Findings of Fact Prepared By: Sarah Rosenberg, AICP, Associate Planner APPENDIX E –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 94 20350, Findings of Fact for the Bridger Meadows PUD Page 28 of 28 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20350, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=228054&dbid=0&repo=BOZEMA N This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-350 95 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Kreuger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Findings of Fact for Bridger Meadows Major Subdivision Preliminary Plat, Application 20351 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:NA STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission held a public hearing on the application on July 20, 2021. Based on the vote to deny the Planned Unit Development as outlined in application 20350 Findings of Fact for the Bridger Meadows PUD, a new motion was made by the City Commission: “Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission’s actions on the PUD because the proposal no longer meets the zoning requirements.” Upon further discussion of the amended motion, the City Commission made individual findings that the application does not meet the zoning criteria due to the denial of the PUD application. The findings of fact for PUD application 20350 form the basis for denial of preliminary plat application 20351 and are incorporated by reference and attached to these findings of fact. The Commission unanimously voted in favor of the motion, therefore denying the preliminary plat application. The analysis and summary findings for this project can be found in the attached staff report. UNRESOLVED ISSUES:NA ALTERNATIVES:NA FISCAL EFFECTS:NA 96 Attachments: 20351 PP CC Staff Report FOF.pdf Report compiled on: August 9, 2021 97 Page 1 of 33 20351, Findings of Fact for the Bridger Meadows Major Subdivision Public Hearing Date: Planning Board June 21, 2021 at 6:00 via WebEx. City Commission, July 20, 2021 at 6:00 pm via WebEx. Project Description: Preliminary plat to create a major subdivision that includes 16 residential lots and 5 common open space lots. The development also includes a 7.15 acre wildlife refuge and wetland preservation site and 1.72 acres of open space. The property is zoned R-1. This project is associated with and dependent on Planned Unit Development (PUD) application number 20350. Six relaxations are requested with the PUD application. Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres, Bozeman, Gallatin County, Montana City Commission Decision: The application does not conform to standards and is not sufficient for approval. Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20351 and move to recommend approval of the Bridger Meadows subdivision with conditions and subject to all applicable code provisions. Commission Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission’s actions on the PUD because the proposal no longer meets the zoning requirements.” Report Date: August 9, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Project Summary The property owner and applicant submitted a preliminary plat application to create 16 residential lots and five common open space lots on 11.87 acres. The development also 98 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 2 of 33 includes a 7.15 acre wildlife refuge and wetland preservation site, and 1.72 acres of open space. The site is presently vacant and surrounded by residential subdivisions to the north and east, a commercial development to the south and Glen Rotary Park to the west. The site is accessed from Birdie Drive to the east and emergency vehicle access from Commercial Drive to the south. The property is zoned R-1. This preliminary plat application is affiliated with a Preliminary PUD, application 20350. The Design Review Board (DRB) reviewed the PUD on Wednesday, June 9 and recommended approval of the PUD 5-0. Video of the meeting can be found here: https://bozeman.granicus.com/player/clip/99?view_id=1&redirect=true Six relaxations to the Bozeman Municipal Code (BMC) zoning regulations were proposed with the PUD application: 1. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. 2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. 3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. 4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. 5. 38.410.040.B. A relaxation from the block length requirements. 6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on May 19, 2021. Pursuant to BMC 38.240.130 the city commission must approve, conditionally approve or deny the subdivision application by August 11, 2021, unless there is a written extension from the developer, not to exceed one year. The Planning Board reviewed this application on Monday, June 21. Public comment was taken at the meeting and many in opposition to the project cited concerns with impacts to the wetlands, access to the property, and how the development impacts the properties that abut the development. The Planning Board found that the application does satisfy the goals of the Growth Policy and although there are some serious site constraints, it is an infill project that meets subdivision standards. They recommended approval of the preliminary plat 5-1. Video of the meeting can be found here: https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true 99 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 3 of 33 Public comment was received in both support and opposition of the project. The public comment can be found at this link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA N&cr=1 The City Commission held a public hearing on the application on July 20, 2021. Based on the vote to deny the Planned Unit Development as outlined in application 20350 Findings of Fact for the Bridger Meadows PUD, a new motion was made by the City Commission: “Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission’s actions on the PUD because the proposal no longer meets the zoning requirements.” Upon further discussion of the amended motion, the City Commission made individual findings that the application does not meet the zoning criteria due to the denial of the PUD application. The findings of fact for PUD application 20350 form the basis for denial of preliminary plat application 20351 and are incorporated by reference and attached to these findings of fact. The Commission unanimously voted in favor of the motion, therefore denying the preliminary plat application. A summary of the Commission’s findings can be found below in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings, subsection 4. Video of the City Commission hearing can be found at this link: https://bozeman.granicus.com/player/clip/117?view_id=1&redirect=true 100 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 4 of 33 TABLE OF CONTENTS EXECUTIVE SUMMARY ....................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 SECTION 1 - MAP SERIES ................................................................................................................................... 5 SECTION 2 – REQUESTED RELAXATIONS................................................................................................... 9 SECTION 3 – STAFF RECOMMENDED CONDITIONS OF APPROVAL ................................................ 9 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................... 14 SECTION 5 - RECOMMENDATIONS AND ACTIONS .............................................................................. 18 SECTION 6 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 18 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. ..................... 18 Primary Subdivision Review Criteria, Section 76-3-608 ...................................................... 21 Preliminary Plat Supplements ........................................................................................................ 25 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .......................................... 30 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ........................................................ 32 APPENDIX B – NOTICING AND PUBLIC COMMENT ............................................................................. 32 APPENDIX C – PROJECT BACKGROUND ................................................................................................... 32 APPENDIX D - OWNER INFORMATION and Reviewing Staff ............................................................ 33 ATTACHMENTS .................................................................................................................................................. 33 101 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 5 of 33 SECTION 1 - MAP SERIES Figure 1. Zoning classification 102 Page 6 of 33 Figure 2. Preliminary Plat 103 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 7 of 33 Figure 3. Application Illustrative Plan 104 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 8 of 33 Figure 4. Application Watercourse Exhibit 105 Page 9 of 33 SECTION 2 – REQUESTED RELAXATIONS There are no variances requested with this subdivision application. The associated PUD requested six relaxations. Analysis of the requested relaxations is provided under the PUD staff report. To enable understanding of why the proposed plat does not comply with typical standards, the relaxations are listed here: 1. 38.400.010.A.8. A relaxation from the requirement for a second means of public access to the site. 2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac. 3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement, instead providing a 50’ width. 4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both sides of the street with only one side of the street having a sidewalk. 5. 38.410.040.B. A relaxation from the block length requirements to allow for a longer block length. 6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse setback for lots 4 through 14, which is 50 feet. The City Commission did not approve the PUD and therefore, the subdivision must comply with all standards as presented in the municipal code. SECTION 3 – STAFF RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions were proposed in addition to any required code provisions identified in this report for the application to be able to satisfy the requirements of the municipal code. These conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070. The applicant shall submit with the application for final plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association (POA) of any open space proposed to be conveyed to the POA and 106 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 10 of 33 all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the POA and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 4. BMC 38.410.060.A. The final plat must provide and depict all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Bridger Meadows subdivision. The City may release the Bridger Meadows Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 107 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 11 of 33 6. Codes, Covenants & Restrictions must be updated and submitted with final plat to be recorded after approval. 7. BMC 38.220.070. The final plat must contain the following notation on the Conditions of Approval sheet: a. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All stormwater facilities not on property dedicated to the City of Bozeman require public utility easement for storm water facility maintenance. c. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutter. d. All downstream water user facilities will not be impacted by this Subdivision. e. All lots are subject to a ten foot wide front yard utility easement. f. All Open Space and Public Access areas are to be owned and maintained by the property owners association. 8. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with final plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 9. A one foot no access strip shall be placed along all lots directly adjacent to the emergency access to prevent direct lot access onto the emergency access pathway. 108 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 12 of 33 10. BMC 38.410.060. As presented, common open space lots 02 and 04 as well as the small section that runs through Lot 7 allows for conveyance and detention for stormwater runoff from public rights of way and Emergency Access. Public drainage easements must be provided for the conveyance and detention of stormwater on these lots. The applicant may contact the Engineering Department to receive a copy of the drainage easement template. The easement must be filed prior to final plat approval and the easement document number must be referenced on the Final Plat. 11. 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) or special districts for the following, if not already filed: a. Intersection improvements at Story Mill Road and Rouse Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at East Griffin Drive and Rouse Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. 12. The applicant did not provide any information on how the adjacent emergency access and public access off Commercial Drive will be maintained both on and off-site. The applicant is advised that the City will not maintain the emergency access and public access to the Bridger Meadows Development. The applicant must provide the following prior to final plat approval: a. The applicant must submit a draft maintenance agreement between the City and associated parties’ that agrees to indemnify and hold the City harmless for any damages and clearly delineates maintenance and replacement responsibilities associated with the emergency access and public access easement, which includes snow removal, pavement maintenance, painting, striping, traffic marking, and all other maintenance responsibilities. b. The draft agreement must be accompanied by an exhibit stamped by a licensed professional surveyor. c. The draft agreement must be submitted for approval from the Public Works Director with subsequent approval from the City's Legal Department. 109 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 13 of 33 d. Upon City review and approval, the applicant must provide an owner executed original agreement to the City prior to final plat approval. e. The agreement must be incorporated into the POA documents. f. A Condition of approval must be added to the plat that clearly identifies the maintenance agreement and the responsible parties. 13. BMC 38.400.010. The proposed emergency access will also be used for public access to the proposed development. The applicant must provide an emergency and public access agreement that clearly defines the intended use given the unique nature of how the access will be utilized by both the City and the public. The easement must be recorded and provided to engineering prior to final plat approval. The recorded easement number must be written in on the final plat. 14. BMC 38.400.010. Because the applicant has requested a relaxation from the requirement to have a second means of public access to the site leaving only one means of public access to the site, the sole means of public access, which may be the subject of pending litigation, is critically necessary. A public utility easement and a valid public access easement must be recorded and provided to engineering prior to final plat approval. The recorded easement number(s) must be written in on the final plat. 15. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat approval. 16. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval. 17. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language must be included in the POA documents and covenants. 18. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid at the time of final plat approval. A parkland table and cash in lieu amount must be printed on the final plat. 110 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 14 of 33 19. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. Without these corrections the application does not meet required standards. 1. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 310. 4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 111 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 15 of 33 5. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. The recorded easement number must be documented on the final plat. a. The applicant is advised that all dedicated public easements must be recorded using the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is established, the easement documents must be updated. 6. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power, gas, communication, etc.) along the development’s property frontage. The applicant may contact the Engineering Department to receive a copy of a utility easement template. The easement must be recorded and provided to engineering prior to final plat approval. The recorded easement number must be written in on the final plat. 7. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane to Boylan Road reside in a public access and utility easement. The final plat must reference the recorded easement number. 8. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the City or the POA. b. For the transfer of personal property installed upon POA-owned open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the City or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interest at the time of recording of the final plat with the original of such deed or instrument returned to the City or POA as applicable. 112 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 16 of 33 d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the city attorney transferring ownership to the City or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 9. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, the developer shall enter an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 10. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 11. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 12. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate must be provided on the final plat. 13. BMC 38.220.020 & 38.610.050. Approved stream and wetland permits shall be provided prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to final plat approval. 14. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 15. BMC 38.220.020. The developer must provide the City’s Community Development department with a copy of all required streambed, streambank or wetlands permits, or written notification from the appropriate agency that a permit is not required, prior to the commencement of any work on the site or final plat approval, whichever is sooner. 113 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 17 of 33 16. BMC 38.240.050. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final plat. 17. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included with the final plat. 18. BMC 38.410.120. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are used, a dedicated area to pull up and access the boxes must be provided. 19. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in- lieu of land dedication, the amount must be stated on the final plat. 20. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 21. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be installed prior to final plat approval. 22. BMC 38.410.060. Utility easements shall be provided in accordance with the Bozeman Municipal Code. The required ten foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed. 23. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a POA (Documents)shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts.. These documents shall be executed and 114 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 18 of 33 submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of recording of the final plat. SECTION 5 - RECOMMENDATIONS AND ACTIONS The DRC determined the application adequate for continued review and found that application conforms to standards and is sufficient for approval only with conditions and code provisions on May 19, 2021. Public hearing date for the Planning Board was on June 21, 2021. The hearing was held via WebEx. The Planning Board recommended approval 5-1 of the subdivision. Public hearing date for the City Commission is July 20, 2021 at 6:00 PM. The hearing was held via WebEx. The City Commission voted unanimously to deny the preliminary plat application. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As outlined in code provision number 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations and can be added as required by conditions or code. 2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or Montana law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory 115 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 19 of 33 standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. City Commission Findings: The Bridger Meadow plat application does not comply with requirements of Montana Code Annotated section 76-3-501 or local subdivision regulations found in Chapter 38, Articles 3, 4, and 6 of the Bozeman Municipal Code. Specifically, the application does not comply with zoning regulations regarding: the coordination of roads and provision of adequate transportation, including street configuration and connectivity; public access; unnecessary environmental degradation, including development within watercourse setbacks; the danger of injury to public health, safety and welfare in diminished ability to provide public services in the event of fire and flood hazards because only one means of vehicular public access is provided in the application. For specific findings see the attached findings of fact for the associated PUD. The criterion is not met. 3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on November 11, 2020 and was deemed inadequate for further review on December 22, 2020. Revised application materials were received on March 10, 2021 and May 14, 2021. The City deemed the application adequate for review on May 19, 2021. Public hearings are scheduled for June 21 and July 20, 2021. The hearings before the Planning Board and City Commission were properly noticed as required by the Bozeman Municipal Code. Based on the recommendation of the DRC and other applicable review agencies, as well as public testimony received on the matter, the Planning Board forwarded a recommendation of approval to the City Commission who made the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the City Commission must approve, conditionally approve or deny the subdivision application by August 11, 2021, unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C and public comment has been received and is outlined below. On June 16, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. On July 8, 2021, the staff report incorporating the Planning Board’s recommendation was completed and forwarded with a recommendation of conditional approval for consideration to the City Commission. 116 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 20 of 33 4. Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. City Commission findings: The City Commission found that because the preliminary planned unit development application and its necessary requested relaxations was denied, the preliminary plat does not comply with multiple zoning standards as detailed in PUD Application 20350 findings of fact, including: BMC sections regarding PUDs 38.430.010 and 38.430.030.A.4.c; plan review criteria found in section 38.230.100; and specific community design provisions, including 38.400.010.A.2, 5, 8 and 9, 38.400.010.B and C, 38.410.040, 38.410.090, 38.410.100; and several of the PUD review criteria in section 38.430.090. Because the preliminary plat does not comply with several provisions of the BMC, this criterion and the primary review criteria as discussed below are not met; nor can the deficiencies be reasonably mitigated with the application as submitted as required in 76-3- 608(4) and (5) MCA. 5. The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street rights of way. Code provision 5, 6, 7, and 22 state that utility easements need to be provided along front yards and are to be granted with the final plat in accordance with standards. Access must be provided to all sanitary sewer lines and manholes. 6. The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the developable area. The subject property is accessed from an internal drive through the Links Condominium development off Birdie Lane to the east. A Public Access and Utility Easement between Golf Course Partners and Bridger Center, LLC grants access to the property through the Links Condominium Development. This is the only public legal and physical access to the site for vehicles and all lots are accessed from this internal drive. Condition of approval 14 recognizes the legal challenge to this public access easement and requires a valid, recorded public access easement prior to final plat approval. If the easement cannot be provided the project fails this requirement from 76-3-608(3)(d) and the subdivision cannot be platted. A 117 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 21 of 33 relaxation with the PUD is requested for only one access to the site when two are required as outlined in the PUD staff report. The DRC is in support of this request. A secondary emergency access is provided at the south of the development between lots 15 and 16 for emergency vehicles. Condition of approval number 12 requires a maintenance agreement to be provided with the final plat. City Commission Findings: The Commission found that the proposed physical access to each parcel violated sections 38.400.010.A.2, 5, 8, and 9, BMC, and that the proposed mitigation measures, including a secondary emergency access in close proximity to the only means of public access, the use of an unusually long dead end street that terminates in a cul-de-sac, and the lack of through streets, were unacceptable to ensure public health, safety, and welfare, the convenient movement of traffic, and the provision of emergency services. Consequently, this criterion is not met. Primary Subdivision Review Criteria, Section 76-3-608 1. The effect on agriculture This subdivision will not impact agriculture. There is no agricultural production on the property. The subject property is designated as Urban Neighborhood according to the City of Bozeman Community Plan. 2. The effect on Agricultural water user facilities This subdivision will not impact agricultural water user facilities. A domestic well exists on the property that will be abandoned in accordance with the Montana Department of Environmental Quality (MDEQ). 3. The effect on Local services Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider proposes to extend water and sewer mains to the subdivision. Code provision 7 requires a city standard sewer easement where the sewer system is located. Code provision 3 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Building permits will not be issued prior to City acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property, the applicant proposes to transfer to the City ownership existing water rights as outlined in code provision 8. Streets – The Growth Policy and subdivision standards require adequate connectivity of a development to the street grid. Access is taken from Birdie Drive to the east via a drive aisle that goes through the Links Condominium to the site. This drive aisle will be privately maintained by the POA. A secondary access is an emergency vehicle access from the south off Commercial Drive. As outlined in condition of approval number 12, a maintenance 118 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 22 of 33 agreement between the City and associated parties must be provided with the final plat for this secondary access. The City has the right to enforce clear access since there will be a public road easement. The POA will maintain the access. Condition number 13 outlines that this access can also be utilized by the public and the City. A preliminary public access easement between Golf Course Partners and Bridger Meadows Development has been provided to the City. Golf Course Partners owns the land in which the Links Condominium development is located. As outlined in condition of approval number 14, the valid, recorded easement must be documented on the final plat in order for the project to have legal access. A relaxation with the PUD to allow for a narrower street of 50 feet wide rather than the 60 feet wide local street width lot is requested. The drive itself meets City local street standards including curb-to-curb width, slopes, and horizontal alignment. The drive ends at a cul-de-sac, which are typically prohibited unless they are deemed necessary due to site constraints and lack of options for legal access. A relaxation with the PUD requests the use of a cul-de-sac which has been found to be necessary for providing adequate access to the lots. A sidewalk is provided on the west side of Shady Glen Lane rather than on both sides of the street. A relaxation with the PUD requests that there only be a sidewalk on one side of the street since the East Gallatin trail system is on the north side of the street. City Commission Findings: Because the relaxation requests of the PUD application were denied, the preliminary plat application does not comply with zoning code requirements and has a negative impact on the local street network. As detailed in the findings of fact for PUD application 20350, there are no through streets provide connectivity to other neighborhoods and the proposed cul-de-sac does not comply with the City’s “complete streets” policy. This criterion is not met. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. City Commission Findings: The PUD relaxation requests to provide only one means of public vehicular access along with a secondary means of emergency access located in close proximity, terminate the only access road in a cul-de-sac, and provide only one very long block were denied because, taken as a whole, the limited ingress and egress to the development would hinder the provision of emergency services to residents and unacceptably jeopardize public health and safety. Therefore, the preliminary plat application negatively impacts the ability to ensure adequate police, fire and emergency access to the subdivision and this criterion is not met. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Each individual lot will have roof drainage routed to rain barrels or on site 119 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 23 of 33 infiltration facilities or to surface drain the runoff to the street to drain into stormwater storage, infiltration and treatment facilities. The maintenance of the stormwater facilities is the responsibility of the POA as outlined in condition of approval 7. Inspection of installed facilities prior to final plat will verify that standards have been met. Parklands – Parkland will be provided through cash-in-lieu of a land dedication equating to .54 acres. As the subject property is adjacent to Glen Lake Rotary Park to the west and Story Mill Community Park to the south, the Parks Division determined that physical land was not necessary. Cash-in-lieu of parkland is required with the final plat as outlined in condition 17. 4. The effect on the Natural environment No significant negative impacts to the natural environment have been identified. Where intact wetlands and watercourses are present, setbacks have been delineated and identified pursuant to BMC 38.410.100. A 50 foot watercourse setback impacts lots 4-15. A relaxation to reduce the watercourse setback along these lots is requested with the PUD. Condition number 17 outlines that no structures can be built within the watercourse setback. Fill will be placed within the wetlands in order to mitigate for the proposed watercourse buffer width reductions. In order to mitigate for the proposed watercourse buffer, native grasses will be planted within and along the buffer. Code provision 14 states that a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping and that must be installed or financially guaranteed prior to final plat approval. Condition 16 requires appropriate permitting from the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of wetlands on site. There is a 100-year floodway on the west side of the property. There is a proposed fill that is localized to lots 3-6 and 9-12. The excavation area is a historic artificial fill from an old road or railroad bed that is taking up space within the existing floodplain. This fill was placed prior to the current FEMA floodplain mapping and report. This project proposes to restore elevations to resemble the elevations prior to fill placement which will increase the flood storage volume. Condition 15 requires a floodplain permit to be approved prior to final plat approval. In total, there will be .09 acres of impacts on the wetlands and .41 acres of impacts to the floodplain area. No additional mitigation to the floodplains and wetlands are required beyond general permits as the impacts are under 1/10th of an acre. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 7c prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater and requires addition of a notation of this restriction on the 120 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 24 of 33 conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate open space and boulevard strips landscaping with wells. City Commission Findings: As explained in the PUD application 20350 findings of fact, the Commission found that the impact of allowing development in the watercourse setback was unacceptable and denied the requested relaxation to the setback included in the PUD. Much of the land in this subdivision is within the flood plain or a watercourse setback and there are extensive wetlands on the property. Although the developer proposed to protect wetlands by maintaining them as open space, the vast majority of the developable lots proposed (lots 6 through 15) encroach into the 50 foot connected wetland buffer established to protect wetlands and many of the lots are within the perimeter of the existing 100 year floodplain. The municipal code prohibits most residential development within the 100 year floodplain (lots 3 through 6 and lots 9 through 12). Impacts of allowing development in these areas include disturbance of natural vegetation, filling of wetlands and floodplain, decrease of habitat, and endangering structures in the event of a flood. Therefore, the Commission found that the proposed development created significant negative impacts to the natural environment and this criterion is not met. 5. The effect on Wildlife and wildlife habitat Wildlife habitat exists on the subject property. In a statement from the Montana Fish, Wildlife and Parks (MFWP) states that wildlife conflicts have happened in the area with black bears, moose, and mountain lions. The MFWP gave recommendations to assist in mitigating the conflicts during construction, landscaping, and post construction. They also stated that the development alone is not likely to negatively impact big game at a population level as the area is a small parcel and most will be preserved in open space. The open space will contain a 7.15 acre wildlife refuge which is contiguous to the 47 acre Glen Lake Rotary Park. This connection between the open spaces amplifies benefits to the wildlife in the area. Protective covenants for the property place restrictions, limitations, and regulations on all activities that may have any adverse effect on wildlife, native plants, and fisheries. The critical areas will be preserved by avoidance and any areas disturbed during construction will be reclaimed through plantings of diverse riparian vegetation. City Commission Findings: As noted above, the impacts to wildlife are included in the impacts to the natural environment. Adverse impacts to wildlife and habitat include diminishing the amount of habitat available due to the encroachment of development into the connected wetland setback and filling of wetlands. The criterion is not met. 121 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 25 of 33 6. The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. All infrastructure will meet City standards and the improvements to the watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. City Commission Findings: As detailed in the PUD Application 20350 findings of fact, the Commission found that several of the deviations requested from code standards combined to create significant adverse impacts to public health, safety and welfare. Specifically the proposed means of ingress and egress to the subdivision, including the lack of a second public access point to the subdivision, the proximity of the emergency access to the sole vehicular public access point, the cul-de-sac layout, and block length would hinder the evacuation of residents and the provision of emergency services in the event of an emergency or natural disaster. Commissioners expressed concern about the negative impacts to future public health and safety due to the precedent that would be set if the several deviations from code requirements were allowed in this instance. The criterion is not met. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on September 25, 2019. The DRC found that more information was needed prior to the application going forward to preliminary plat so revisions were submitted on February 5, 2020. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 1. 38.220.060.A.1 Surface Water The property contains natural and artificial surface water systems as identified in the C-1 Site Grading Plan and Drainage Plan. The East Gallatin River has a FEMA defined and regulated 100-year floodplain and floodway. Artificial surface waters on-site include an artificial lined pond in the southwestern quadrant of the site, a detention pond north of the 122 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 26 of 33 site, an on-site detention pond in the southwest corner of the site, and an existing drainage ditch along Boylan Road at the northeastern corner of the site. The drainage ditch runs continuously due to ground water discharge from a French drain groundwater collection system. The lined pond fills with groundwater and overflows west to the East Gallatin River. 2. 38.220.060.A.2 Floodplains The East Gallatin River floodplain is located within the project area. There is a 100-year floodway that is unaffected by the project on the west side of the development. Any fill within the floodplain fringe will require a floodplain permit from the City of Bozeman. A minor amount of fill on the edge of the floodplain fringe and outside of the floodway is expected. None of this fill will be placed until the CLOMR-F and City floodplain permit are approved. 3. 38.220.060.A.3 Groundwater Data collected from monitoring wells registered a minimum depth to groundwater of 3.6 feet and a maximum depth of 4.4 feet in 2015 and a minimum depth of 5.7 feet and a maximum depth of 7.1 feet in 2020. No special steps or procedures are needed to protect the groundwater from degradation. Much of the development will require soil fill to bring finished grade to an elevation suitable for cover soil above proposed gravity sewer mains. The additional fill material will further protect the groundwater. Condition of approval 7 restricts the use of basements and crawl spaces due to high groundwater. The geotechnical report is included in the application materials. 4. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. The sediment in the area consists of various homogenous mixtures of boulders, cobbles, gravel, sand, clay and volcanic ash. There are no geological hazards located on the property. Two unusual or manmade features that exist onsite are the mitigated constructed pond and a remnant Union Pacific railroad bed. Neither feature has any geological significant or presents any geological hazard that would prevent development of the property. The building sites’ parent soils provide suitable bearing support for foundations or concrete slab construction. The top soil and subsurface soil are unsuitable for support of foundations. 5. 38.220.060.A.5 Vegetation The main vegetative communities found on the property consists of Paulstrine shrub broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas were dominated by sandbar willow, red-osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. Wetland areas of the subject site were 123 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 27 of 33 characterized by plant communities. A large percentage of vegetated wetlands and riparian areas onsite are supported by saturated groundwater conditions rather than inundation of floodwaters. Noxious weeds exist onsite. A weed management plan was provided and a final noxious weed control is required with the final plat as outlined in code provision number 23. Best management practices will be installed prior to project initiation to ensure that stormwater runoff from the areas of ground disturbance will be contained and treated onsite during construction. Low impact development designs such as infiltration galleries and bioswales will be incorporated into the project’s final landscape design. These design features will help with water conservation and serve as a supplementary water source for newly planted and established vegetation. 6. 38.220.060.A.6 Wildlife Wildlife habitat exists on the property. The applicant is proposing 7.15 acres of wetland refuge. The development has been designed to limit pet and human activity within the wildlife refuge. Protective covenants will place restrictions, limitation, and regulations on all activities that may have any adverse effect on wildlife. See discussion above under primary review criteria. 7. 38.220.060.A.7 Historical Features There are no known historical features located within the property. If any historic items are discovered during construction, the State Historic Preservation Office will be contacted. 8. 38.220.060.A.8 Agriculture This subdivision will not significantly impact agriculture. See discussion above under primary review criteria. 9. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 10. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden City water and sewer infrastructure with the recommended conditions of approval and code provisions. The water system will be a new looped connection from Boylan Road to the north through Shady Glen Lane and connect to the existing water main in the Links Condominiums. See discussion above under primary review criteria. 11. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. The stormwater systems will be maintained by the Bridger Meadows POA. See discussion above under primary review criteria. 124 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 28 of 33 12. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. As stated above under primary review criteria, public access to the site will come from Birdie Drive through the Links Condominium development and a secondary emergency access easement from the south off Commercial Drive. A traffic impact study was not required by the City Engineering Division. See primary review criteria above for further information. 13. 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. A standard ten foot front utility easement will be provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 14. 38.220.060.A.14 Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The proposed development will be in the Hawthorne Elementary School, Chief Joseph Middle School and Bozeman High School attendance areas. At this time, the schools can accommodate the proposed development, however, the elementary schools are nearing capacity. The bus systems can accommodate the estimated number of additional students. 15. 38.220.060.A.15 Land Use There are 16 residential lots proposed on the subject property and 3 areas of open space totaling 7.68 acres. 16. 38.220.060.A.16 Parks and Recreation Facilities See discussion above under primary review criteria. 17. 38.220.060.A.17 Neighborhood Center Plan Glen Lake Rotary Park and Story Mill Community Park serve as the Bridger Meadows neighborhood center as it is exempt from the requirement to create a new one since it is within one-half mile of an existing neighborhood center. In addition, the Bridger Meadows site is located 1.1 miles from the Rouse and Tamarack streamline bus route, within 100 yards of the businesses located within Commercial Drive and Bridger Center Drive, and within one mile of services located in the Cannery District. 18. 38.220.060.A.18 Lighting Plan The project proposes residential night sky compliant lamp posts as part of each lot’s development. 19. 38.220.060.A.19 Miscellaneous Public Lands: The proposed development is directly adjacent to Glen Lake Rotary Park and is approximately .16 miles from Story Mill Park, which also serves as the Bridger Meadows 125 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 29 of 33 Neighborhood Center. The project will create a 7.15 acre (60.2% of the total site area) wildlife refuge. Hazards: No known health or safety hazards are on or near the proposed subdivisions Wildlands-Urban Interface: Not applicable 20. 38.220.060.A.20 Affordable Housing The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to inclusionary zoning, the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from this application or will be eliminated prior to final plat. 126 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 30 of 33 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. Pursuant to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. The applicant presented to the City a proposed preliminary plat application to allow for a residential development affiliated with a preliminary planned unit development that requested six relaxations to zoning regulations. Approval of the planned unit development with the six relaxations to standards is necessary prior to approval of the subdivision. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public hearing on July 20, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The applicant acknowledged understanding and agreement with the recommended conditions of approval and code provisions. E. The City Commission requested public comment at the public hearing on July 20, 2021 and 14 members of the public offered testimony on the application as submitted. F. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission amended the proposed motion based on the denial of the planned unit development which resulted in a subdivision application that did not comply with zoning standards. Therefore, being fully advised of all matters having come before it regarding this application, the City Commission makes the following decision: G. For the reasons stated above and in the PUD application 20350 findings of fact, the preliminary plat does not meet the requirements of Chapter 76 of the Montana Code Annotated, nor does it meet the applicable subdivision review criteria, found in Chapter 38 of the Bozeman Municipal Code. As detailed in the analysis section above, the preliminary plat application relied on approval of several relaxations found in its accompanying planned unit development application. The Commission denied the PUD 127 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 31 of 33 application citing unacceptable impacts to the environment and to public health, safety, and welfare. Without approval of the PUD relaxations, the preliminary plat does not comply with applicable zoning standards, such as street length, general prohibitions on cul-de-sacs, providing at least two means of public access, and watercourse setbacks. The offered mitigation for these impacts was insufficient to adequately protect public health and safety and unacceptably degraded wetlands by allowing development in the watercourse setback. Therefore, pursuant to the City Commission’s review authority and the authority found in 38.200.010.H, preliminary plat application 20351 is denied. H. The basis of the Commission’s decision includes the entire record of this matter, including the applicant’s materials and presentation, public comment, advisory board opinions, the staff report and presentation, Commission discussion and questions, and observations made by Commission members who visited the site. I. These findings of fact satisfy the requirements in 38.240.130.A.5.e, BMC and Montana Code Annotated section 76-3-620. J. This City Commission decision may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. As outlined in 76-3-625, the petition must be presented to the court within 30 days after the filing decision of the City Commission. DATED this ________ day of _____________________, 2021 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 128 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 32 of 33 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The intent of the R-1 residential low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 2. Providing for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Urban Neighborhood.” 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. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on June 6, 2021. The site was posted with a notice on June 6, 2021 and a legal advertisement was published in the Bozeman Daily Chronicle on June 6, June 20, and July 18, 2021. Content of the notice contained all elements required by Article 38.220., BMC. Public comment has been received in opposition of the project and can be found at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA N&cr=1 APPENDIX C – PROJECT BACKGROUND The subject property was annexed into the city in May 2018 with R-1 zoning. 129 20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 33 of 33 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant/Representative: Bridger Center LLC, 3701 Tracker Trail, Suite 1B #20, Bozeman, MT, 59718 Findings of Fact Prepared By: Sarah Rosenberg, AICP, Associate Planner ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20351, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=228055&cr=1 This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-351 130 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Public Stormwater Utility Easement and Agreement, Sewer and Water Pipeline and Access Easement and Agreement, Trail Corridor Easement, Utility Easement with J & D Family, LLP for the J & D Family Major Subdivision SE (21039) MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Public Stormwater Utility Easement and Agreement, Sewer and Water Pipeline and Access Easement and Agreement, Trail Corridor Easement, Utility Easement with J & D Family, LLP for the J & D Family Major Subdivision SE (21039). 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:None Attachments: Public Stormwater Utility Easement and Agreement Sewer and Water Pipeline and Access Easement and Agreement Trail Corridor Easement Utility Easement Report compiled on: August 3, 2021 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Trail Easement with Resonon Property Holdings, LLC MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize City Manager to Sign Trail Easement with Resonon Property Holdings, LLC STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The trail easement realignment was a required condition of approval for the Resonon Site Plan application, 123 Commercial Drive. The original trail was recorded June 1, 2006 by James P. Tarpey and Glenn E. Ostrowski, then- owners of the Property. The realignment moves the trail easement to the edge of the private property for a planned building expansion and continues public access to the Glen Lake Regional Park trail system. UNRESOLVED ISSUES:None. ALTERNATIVES:Per Commission. FISCAL EFFECTS:None. Attachments: Resonon Trail Easement.pdf Report compiled on: August 5, 2021 149 150 151 152 153 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Director of Public Works SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with KT Properties for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with KT Properties for the Griffin Drive and Manley Road Street and Stormwater Improvements project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement project generally consists of construction of a new three-lane roadway on Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter, separated multi-use pathways on both sides, a traffic signal at Manley Road, lighting and utility improvements. The project also includes construction of approximately 200 feet of Manley Road from Griffin Drive to the south end of the Manley Road reconstruction project, which was completed in 2020. In order to construct these improvements it is necessary to acquire the right of way described herein. The attached documents have been executed by the property owners, and are necessary for the completion of the project. The valuations used for these acquisitions were established through the work of Sanderson Stewart. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The total cost is $21,329.00. Compensation for the Public Use Easement, Temporary Construction Easement, and Administrative Settlement is $20,000.00. Title costs are $1,329.00. The funds for this are part of SIF113 Griffin (7th to Rouse) - Construction. 154 Attachments: KT Properties Administrative Settlement.pdf KT Properties Buyers Closing Statement_1.pdf KT Properties Buyers Closing Statement_2.pdf KT Properties Buyers Instructions.pdf KT Properties Escrow Instructions.pdf KT Properties Public Use Agreement.pdf KT Properties ROW Agreement.pdf KT Properties Temporary Construction Permit.pdf KT Properties Waiver Valuation.pdf Report compiled on: August 3, 2021 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manger Jim Veltkamp, Chief of Police Cory Klumb, Captain of Detectives SUBJECT:Authorize City Manager to Sign an Agreement Between the City of Bozeman and Bozeman School District 7 Regarding School Resource Officer Pay and Operational Considerations MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to sign an agreement between City of Bozeman and Bozeman School District 7 regarding continuation of School Resource Officer duties and payment of one-half (1/2) actual salary and benefits for five (5) School Resource Officers by the School District. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:For over 24 years, the Bozeman Police Department and School District have enjoyed a cooperative approach to identifying and resolving public safety concerns in the schools, in particular through the assignment of School Resource Officers (SROs). The goal of the SRO program is to provide a safe learning environment in our schools, provide valuable resources to school staff, foster a positive relationship with our community’s youth and school staff, and develop strategies to resolve problems affecting our youth. These efforts contribute to student and staff safety and are integral in helping fulfill the District’s Long Range Strategic Plan and are in keeping with the City of Bozeman’s Strategic Plan. The Bozeman Police Department has five (5) full-time School Resource Officer positions. SROs attend regular safety plan meetings and have become an important resource for staff when discussing student needs and assisting parents of troubled youth. This collaborative approach has yielded great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, and the ability to effectively address non- criminal student needs. The School District has paid for one-half the actual salary of these officers, contributed to training costs to the National Association of School Resource Officers annual conference, and provided offices in the High School and 178 Middle Schools for several years. This agreement is a continuation of this commitment for the next five years, retroactive to July 1, 2021, with annual administrative extensions. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: SRO Agreement Report compiled on: August 5, 2021 179 1 AGREEMENT THIS AGREEMENT, made and entered into this 13th day of August 2021, by and between the CITY OF BOZEMAN, a municipal corporation’ hereinafter referred to as “CITY”, and BOZEMAN SCHOOL DISTRICT NO. 7, hereinafter referred to as “SCHOOL”. WHEREAS: The CITY and SCHOOL face the challenge of keeping pace with a growing, ever changing community. In particular, the increases in emergency calls at or around area schools have increased over the past decade and continue to challenge police resources. Serious crime by or involving young people, drug and alcohol abuse, campus violence, and potential for gang activity necessitate a strong working relationship between the CITY and SCHOOL. It is necessary to enforce district policy, serious behavior infractions, criminal law, crime prevention, attendance requirements and to develop strategies that will contribute to student and staff safety and progress toward the SCHOOL's Long Range Strategic Plan. The School Resource Officer (“SRO”) program in SCHOOL utilizes a triad concept of school-based policing. The triad concept divides the SROs responsibilities into three areas: law enforcement, informal counselor/mentor, and guest speaker: ● Law Enforcement Function – Functioning effectively in the school environment including understanding human brain development, de-escalation techniques, cultural awareness, and working with students with special needs. ● Mentoring Students – Designed to provide tools to be a positive role model for youth including informal counseling techniques. ● Guest Speaking – Instructional techniques as well as classroom management tools to provide law-related education to students. Results of this complex and changing environment include increased budget constraints, and the need to reevaluate the role of the police agency in the community, especially in the schools. An intergovernmental cooperation arrangement between the CITY and SCHOOL is deemed an efficient and desirable means for effectively addressing juvenile- related crime and other problems. The SRO is instrumental in providing a safe environment conducive to the learning process. Students, staff and our community have a heightened perception of safety due to the work of the SRO. Building relationships with students, faculty, staff, administrators and parents is important to the quality of the trust generated by the SRO on and off the campus. Positive relationships yield great results in the solvability of criminal acts, the prevention of crime, successful drug interventions, drug interdictions and the ability to effectively address non criminal student needs, and 180 2 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 7/1/2021 TO 6/30/2025 WHEREAS: The parties to this Agreement believe it is in their best interests to come to an Agreement creating and utilizing the position of "School Resource Officer” (SRO) as a means to enforce the compulsory attendance provisions of M.C.A. 20-5-101. Et. Seq., and to meet the demand for investigation, detection and prevention of juvenile criminal activity of Bozeman School District and other property within the city limits of Bozeman. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: 1. The CITY and SCHOOL shall mutually agree on the number of SROs to be hired. The number of primary SROs will be evaluated on an annual basis and allocated appropriately based on enrollment, service needs, funding availability, and expectations. The assignment of other trained SROs on a part-time basis shall be at the mutual agreement of both the CITY and SCHOOL. 2. The CITY shall designate trained and qualified officers(s) as SRO, assigned to assist other school officials in their effort to maintain a proper educational environment for the students. In doing so, the SROs will, among others, assist in enforcing compulsory attendance and disciplinary policies and participate in the investigation of criminal activities involving juveniles, particularly when involving students or related to school district locations. The CITY shall maintain supervisory authority over the officer(s). It is acknowledged and agreed by the parties that said officer(s) will remain employee(s) of the CITY. 3. SROs shall: abide by SCHOOL policies, provide a presence and education to students and staff that help prevent crime; conduct investigations of criminal acts that occur in the schools and involve students or staff; make arrests when necessary; assist classroom teachers by being an authoritative resource on law enforcement specific and related topics; develop and deliver a variety of lesson plans and community presentations related to law enforcement-related topics such as search and seizure, Miranda and law enforcement as a career. In addition, SROs will provide specialized lesson plans such as Bullying, Stalking, Sexual Assault and Sexual Predation by Drug, Internet Safety, Rights Vs. Responsibilities of a Citizen, Effects of Alcohol and Commonly Abused Drugs, etc. The SROs shall abide by all applicable legal requirements for law enforcement officers concerning interviews or searches should it become necessary to conduct formal law enforcement interviews or searches with students or staff on property or at school functions under the jurisdiction or supervision of the District. The SRO's will not be involved in searches conducted by school personnel unless a criminal act is involved or unless school personnel require the assistance of the SRO because of exigent circumstances, such as the need for safety or to prevent flight. 181 3 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 7/1/2021 TO 6/30/2025 4. The SCHOOL shall be responsible for cost sharing of actual wage and benefit amounts earned by the primary SRO(s) in the performance of their duties in accordance with CITY payroll standards. The SCHOOL shall pay one-half (1/2) of the actual annual wage and benefit amounts in each fiscal year. The CITY will continue to act as fiscal agent for the officer(s). The CITY will provide the equipment and resources necessary for SROs to perform their duties. The SCHOOL and CITY will share costs for new computer(s), as needed. The SCHOOL will pay the CITY one half of the cost per SRO per year to share in the cost of cell phone service for each SRO. 5. The CITY will provide proper and adequate training for the SROs. The SCHOOL shall pay for 1/2 of the costs associated with the National Association of School Resource Officers (NASRO) Conference and SRO Basic training, as mutually determined by the CITY and the SCHOOL. 6. The CITY will ensure, to the extent reasonable, that the SRO will be available for duty on school grounds by encouraging the officer(s) to take vacation only when school is not in session. The SCHOOL shall recognize the officer(s) work schedule is specified by contract. 7. The SCHOOL shall recognize the lawful authority of the SRO and cooperate in their efforts to enforce the law. The SRO(s) act as part of the School's Administrative Team, as determined by the SCHOOL. 8. The SCHOOL shall provide a primary office for each SRO and allow access to and use of office-related equipment by the SRO as needed, at no cost to the CITY. As necessary, the SCHOOL will provide an additional office(s) as determined mutually between the CITY and SCHOOL. 9. The SROs may request assistance from school support staff to assist in clerical related tasks that are not in conflict with the Confidential Criminal Justice Information System. This assistance will be provided at no cost to the CITY. 10. The SCHOOL acknowledges and agrees that the SRO is/are subject to call out by the CITY on short notice for major emergencies, and required as part of their duties to appear in conferences, at court hearings and at other related functions. 11. The SCHOOL shall designate someone of authority in the school(s) to act as a contact 182 4 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 7/1/2021 TO 6/30/2025 person for the SRO for the purpose of sharing information and discussing areas of concern (line of accountability). 12. The SRO(s) shall assist the SCHOOL in the development review of law enforcement and safety-related policies and procedures, to include related training or drills as deemed necessary. 13. The SCHOOL and the SRO(s) shall jointly participate in threat assessment meetings to determine the level of threat a student poses and to assist in the creation of a safety plan for that student. 14. The SCHOOL and the SRO(s) shall jointly participate in Interdisciplinary Team meetings. 15. The SCHOOL and the SRO(s) shall jointly participate in other meetings as appropriate to safety and prevention activities of the SCHOOL. 16. Complaints related to SRO performance will be handled in accordance with Bozeman Police Department Citizen Inquiries/Complaint policy. Termination/Extension: The term of this agreement shall commence on July 1, 2021 and extend until revoked by mutual consent of the parties in writing. Either party may terminate this agreement, without cause, upon furnishing the other sixty (60) days written notice thereof. This Agreement will be reviewed at least annually and revisions may occur by mutual consent of the parties in writing. IN WITNESS WHEREOF, the parties hereto have signed and executed the foregoing agreement the day and year first above written. BOZEMAN SCHOOL DISTRICT #7 CITY OF BOZEMAN By:_____________________________ By:__________________________ Casey Bertram, Interim Superintendent Jeff Mihelich,City Manager ATTEST: ATTEST: 183 5 CITY OF BOZEMAN - BOZEMAN SCHOOL DISTRICT 7 SRO AGREEMENT 7/1/2021 TO 6/30/2025 _______________________________ _____________________________ Mike Waterman, School District Clerk Mike Maas, City Clerk 184 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign AIA Document B121 Master Agreement, B221 Document for Service Order 1 Agreement, and Future Service Orders within Budget for the Design of the Library Expansion Project MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign AIA Document B121 Master Agreement, B221 Document for Service Order 1 Agreement, and Future Service Orders within Budget for the Design of the Library Expansion Project STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND: The City of Bozeman Strategic Plan (5.1.a) states a desire to expand civic and cultural infrastructure as the City grows to ensure Library services and facilities meet the demands of the city. On December 15, 2020 the City Commission approved an Architectural Services Agreement with MSR Design to conduct public engagement and complete a conceptual design to support renovation of the existing Bozeman Public Library located at 626 E. Main St. Extensive input from the community was received through a series of public events and online surveys, in addition to staff workshops and regular meetings with a core team of representatives from the Library Foundation, the Library Board of Trustees, and the City. Several goals were identified to help shape the resulting concept design, as follows: Destination: The building and site will foster curiosity and discovery through spaces for making and sharing, and be a hub for learning, socializing, and exploration. Nexus: The building and site will capitalize on the library’s special place, adjacent to Lindley Park, the trail system, and the mountain views. Connector: The building and site will provide spaces to gather and interact, in small and large groups, informally and formally, actively and quietly. Responsible: The design response will respect available resources: be right-sized to the budget and environmentally sound. 185 Inclusive: The services, products, technology, building, and site will invite and accommodate use by all and promote generational mixing. Significant effort was made to balance a wide variety of needs within the available budget while incorporating community inclusivity and energy efficiency throughout the project. Multiple design iterations were considered, along with several rounds of cost estimates due to current volatility in the construction market to arrive at the final concept design to include the following improvements: Expanded community meeting space, including additions to the large conference room, the Montana Room, and new smaller meeting rooms on the second floor. Interactive lab space for hands-on workshops (programming yet to be determined). New marketplace for used book sales and refreshments by Friends of the Library. Improved entryway gallery to celebrate art, and a stronger connection to public areas throughout the Library. To ensure we have sufficient oversight of the design effort throughout the final design and construction phases of the project, we are recommending using an AIA Master Agreement with individual Service Orders for the design and construction phases for Architectural Services. A separate contract will be required for General Contractor and Construction Manager services. We believe this framework will allow us to proceed in a timely and efficient format as the funding questions are resolved and the project moves forward. It is anticipated that a contract for General Contractor and Construction Manager services will be finalized this fall. Final design is anticipated to be completed by the end of 2021, with a request for bids occurring in early 2022, and construction finalized by the end of 2022. The Master Services Agreement (AIA B121) is the overarching contract that details the responsibilities of the owner (City) and architect (MSR Design) for the duration of the project. Service Orders (AIA B221) will be used to detail specific work to be done as the project progresses. Service Order #1 focuses efforts on additional public engagement and final design. MSR Design was selected using a competitive Request for Qualifications process following 18-8-204 MCA. These agreements have been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS: The Library Foundation is working with a number of donors to secure the 186 majority of funding needed to support the project, currently estimated at $4,500,000. Additional contributions funded by the City include in-kind project management services provided by the Strategic Services Department, along with approved funding within the FY22 Sustainability Division budget for Commissioning work ($52,000), and LEED recertification ($22,000). Service Order 1 is a stipulated sum of $487,282 for Architectural design services in addition to $22,000 to cover reimbursable expenses including: printing, postage, modeling supplies, and travel costs. Funding to support Service Order 1 has been committed in full on behalf of the Library Foundation. Overall project costs include one percent for art according to Ordinance No. 2056. Attachments: Bozeman Public Library Expansion - Library Foundation Board Presentation.pdf Bozeman Public Library Expansion - B121-2018 MSR Design.pdf Bozeman Public Library Expansion - B221-2018 MSR Design Service Order 1.pdf Bozeman Public Library Expansion - Exhibit A - MSR Fee Proposal.pdf Bozeman Public Library Expansion - Exhibit B - BPL Schedule.pdf Bozeman Public Library Expansion - Exhibit C - Hourly Rate Ranges.pdf Report compiled on: August 6, 2021 187 Library Foundation Board Meeting June 9, 2021 Bozeman Public Library 188 concept design | level 1 floor plan CHILDREN’S COLLECTION COMMUNITY ROOM HUB LABS GALLERY TEEN COLLECTION ADULT COLLECTION COFFEE BOOK SALE 189 concept design | level 2 floor plan MEETING ROOMS MONTANA ROOM ADULT COLLECTION FNDN OFFICE 190 The construction market in Bozeman is very volatile. There is a subcontractor labor shortage and this is driving bids high. Nationally, there are material shortages and supply issues that are being felt in Bozeman. concept design | probable project cost We worked with Martel Construction to estimate six different scope areas. The estimate accounts for the current market condition in Bozeman and include an escalation factor to account for price changes between now and bid day. 191 concept design | probable project cost 641,000 2,184,000 973,000 226,000 74,000 462,000 $4,560,000 Target Construction Cost $3,055,000 Understanding the budget for each scope area helped us test the boundaries of the budget. From there we could select the combination of scope areas that aligned most closely with the project goals. Addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renovation . . . . . . . . . . . . . . . . . . . . . . . . . . . Children’s Area Renovation . . . . . . . . . . . . 2nd Floor Meeting Rooms . . . . . . . . . . . . . . 2nd Floor Office Changes . . . . . . . . . . . . . . . . Shared Program Room/Floor Infill . . . . . Total Construction Cost 192 concept design | probable project cost Addition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renovation . . . . . . . . . . . . . . . . . . . . . . . . . . . Children’s Area Renovation . . . . . . . . . . . . 2nd Floor Meeting Rooms . . . . . . . . . . . . . . 2nd Floor Office Changes . . . . . . . . . . . . . . . . Shared Program Room/Floor Infill . . . . . Total Construction Cost 641,000 2,184,000 973,000 226,000 74,000 462,000 $3,125,000 Space for larger meetings, space for a variety of types and sizes of gatherings, and spaces for informal gathering were prioritized. 193 The final project scope will be determined after the design phase cost estimate is completed in Fall 2021. We will look at using bid alternates and/or phasing to ensure the project is on budget based on available funds at bid day. concept design | probable project cost Construction Costs . . . . . . . . . . . . . . . . . . . Furnishings, Fixtures & Equipment . . . . . Soft Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Contingency (5%) . . . . . . . . . . . . . . Total Project Cost 3,125,000 523,000 707,000 215,000 $4,570,000 $425,000 can be delayed until the end of construction (includes furnishings, AV equipment, signage) 194 concept design | probable project cost Construction Costs . . . . . . . . . . . . . . . . . . . Furnishings, Fixtures & Equipment . . . . . Soft Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project Contingency (5%) . . . . . . . . . . . . . . Total Project Cost Approximately $425,000 can be delayed until the end of construction (includes furnishings, AV equipment, signage) Pushing the 2nd Floor Meeting Rooms and 2nd Floor Office Changes into a future phase would save approximately $300,000 3,125,000 523,000 707,000 215,000 $4,570,000 195 view of the exterior addition196 view of the labs & community room197 view of the hub198 next steps AUG SEP OCT NOV DEC JAN FEB MAR start design cost estimate, determine final scope issue for bid* bids duefinal design review APR MAY JUN JUL AUG SEP OCT NOV DEC JAN grand opening design & documentation bidding & permitting estimated construction move-in * Martel recommends bidding in early 2022 for a favorable bid climate. 199 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the 17 day of August in the year 2021 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) Jeff Mihelich City Manager City of Bozeman, MT 121 North Rouse Street Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) Traci Lesneski CEO, Principal MSR Design 510 Marquette Ave, Suite 200 Minneapolis, MN 55402 The Owner and Architect agree as follows. 200 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above (“Date of this Master Agreement”). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: Jon Henderson, Strategic Services Director § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: Traci Lesneski, CEO, Principal 201 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 3 § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation 202 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 4 Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner as described in the Service Order. 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Agreement without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.1 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; 203 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner in addition to alternates quantity identified in the service order for this effort; .7 Preparation for, and attendance at, a public presentation, meeting or hearing not identified in the initial scope of services identified in the service order for this effort; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.6 Reserved ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. (Paragraph Deleted) § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of 204 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 6 the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to the DRB member and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorney’s fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs Deleted) 7.3 Arbitration 7.3.1 Claims, disputes or other matters arising out of or related to the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or 205 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 7 entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.3.4 Consolidation or Joinder 7.3.4.1 For either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. 206 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 8 § 8.7 Reserved. (Paragraphs Deleted) § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (Paragraph Deleted) See exhibit: MSR billing rates included with individual service orders (Table Deleted) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: (Paragraph Deleted) As set forth in the applicable Service Order. § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraphs Deleted) .8 Other similar Project-related expenditures as mutually agreed to by both parties § 9.4.2 Reserved. 207 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 9 § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. (Paragraph Deleted) § 9.5.1.2 Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. 208 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 10 § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: (Paragraph Deleted) NA 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof. The obligations of this Section 11.1 shall survive termination of this Master Agreement. 11.2 In the event it becomes necessary for Owner or Architect retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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 employments 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 Architect shall be subject to and comply with Title VI of the Civil Rights Act 209 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 11 of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 11.4 The Architect 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). The Architect must report to the City any violations of the Montana Equal Pay Act that the Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2014, Standard Form of Master Agreement Between Owner and Architect (Paragraphs Deleted) .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) Exhibit A - MSR billing rates .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) This Master Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Jeff Mihelich City Manager Traci Lesneski CEO, Principal (Printed name and title) (Printed name, title, and license number, if required) 210 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:30:56 CT on 08/03/2021. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 PAGE 1 AGREEMENT made as of the 17 day of August in the year 2021 ... Jeff Mihelich City Manager City of Bozeman, MT 121 North Rouse Street Bozeman, MT 59771 ... Traci Lesneski CEO, Principal MSR Design 510 Marquette Ave, Suite 200 Minneapolis, MN 55402 PAGE 2 TABLE OF ARTICLES ... Jon Henderson, Strategic Services Director ... Traci Lesneski, CEO, Principal PAGE 3 (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non- contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner mutually agree in writing to different coverage limits for Architect’s consultants. 211 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 2 ... With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. ... Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. ... With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. ... 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner as described in the Service Order. ... 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. ... 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. ... 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. 212 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 3 ... § 4.1 The Architect may provide Additional Services after execution of a Service Order Agreement without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 Section 4.1 shall entitle the Architect to compensation pursuant to Section 9.3. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;Owner in addition to alternates quantity identified in the service order for this effort; ... .7 Preparation for, and attendance at, a public presentation, meeting or hearing;hearing not identified in the initial scope of services identified in the service order for this effort; ... .9 Evaluation of the qualifications of entities providing bids or proposals; or ... .10 Consultation concerning replacement of Work resulting from fire or other cause during construction. ... § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. ... § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.Reserved ... § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, Service, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9. ... 213 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 4 § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the ... § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement.This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6.Owner shall continue to make payments in accordance with the Service Agreement. ... § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. ... § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to the DRB member and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. ... 214 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 5 § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorney’s fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ... § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: ... (Check the appropriate box.) ... [ ] Arbitration pursuant to Section 7.3 of this Master Agreement ... [ ] Litigation in a court of competent jurisdiction ... [ ] Other: (Specify) ... If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. ... § 7.3 Arbitration ... § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question 7.3.1 Claims, disputes or other matters arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may, by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties. 215 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 6 PAGE 7 § 7.3.1.1 A demand 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. ... § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. ... § 7.3.3 The 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ... § 7.3.4 Consolidation or Joinder ... § 7.3.4.1 Either 7.3.4.1 For either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). ... § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in ... § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement.all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. ... § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ 216 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 7 written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. ... § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services.The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. ... § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements.together with Reimbursable Expenses then due. PAGE 8 § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees:Reserved. ... (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) ... .1 Termination Fee: ... .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: ... § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. ... (If applicable, attach an exhibit of hourly billing rates or insert them below.) ... 217 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 8 See exhibit: MSR billing rates included with individual service orders ... Employee or Category Rate ($0.00) ... (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) ... As set forth in the applicable Service Order. ... § 9.4 Compensation for Reimbursable Expenses ... § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: ... .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; ... .3 Permitting and other fees required by authorities having jurisdiction over the Project; ... .4 .3 Printing, reproductions, plots, and standard form documents; ... .5 .4 Postage, handling, and delivery; ... .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; ... .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and ... .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of 218 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 9 additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; ... .9 All taxes levied on professional services and on reimbursable expenses; ... .10 Site office expenses; and ... .11 Other similar Project-related expenditures..8 Other similar Project-related expenditures as mutually agreed to by both parties ... § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved. PAGE 9 § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice.Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. ... (Insert rate of monthly or annual interest agreed upon.) ... § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement.Reserved. ... § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. ... § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. 219 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 10 ... § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. Reserved. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement. PAGE 10 § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. ... 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. ... Special terms and conditions that modify applicable to this Master Agreement are as follows: ... (Include other terms and conditions applicable to this Agreement.) ... NA ... 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner shall be entitled 220 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 11 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof. The obligations of this Section 11.1 shall survive termination of this Master Agreement. 11.2 In the event it becomes necessary for Owner or Architect retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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 employments 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 Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 11.4 The Architect 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). The Architect must report to the City any violations of the Montana Equal Pay Act that the Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this agreement. PAGE 11 .1 AIA Document B121™–2018, B121™–2014, Standard Form of Master Agreement Between Owner and Architect ... .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: ... (Insert the date of the E203-2013 incorporated into this Master Agreement.) ... .3 .2 Exhibits: ... Exhibit A - MSR billing rates ... .4 .3 Other documents: ... 221 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 12 Jeff Mihelich City Manager Traci Lesneski CEO, Principal 222 ™ – 2003.AIA Document D401 Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:56 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA39) 1 Certification of Document's Authenticity AIA®™ – 2003 Document D401 I, Traci Lesneski, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:30:56 CT on 08/03/2021 under Order No. 1123312871 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121TM - 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 8.4.2021 CEO, Principal 223 Document B221™ – 2018 Service Order for use with Master Agreement Between Owner and Architect Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect’s scope of services for the Service Order only and is intended to be used with AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect SERVICE ORDER number 1 made as of the 17 day of August in the year 2021 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) Jeff Mihelich City Manager City of Bozeman, Montana 121 North Rouse Street Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) Traci Lesneski CEO, Principal MSR Design 510 S Marquette, Suite 200 Minneapolis, MN 55402 for the following PROJECT: (Name, location, and detailed description) Bozeman Public Library 626 E Main Street, Bozeman, MT 59715 Renovation and partial addition to the Bozeman Public Library THE SERVICE AGREEMENT This Service Order, together with the Master Agreement between Owner and Architect dated the 17 day of August in the year 2021 (In words, indicate day, month, and year.) form a Service Agreement. The Owner and Architect agree as follows. 224 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 SERVICES UNDER THIS SERVICE ORDER 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 COMPENSATION 5 INSURANCE 6 PARTY REPRESENTATIVES 7 ATTACHMENTS AND EXHIBITS ARTICLE 1 INITIAL INFORMATION § 1.1 Unless otherwise provided in an exhibit to this Service Order, this Service Order and the Service Agreement are based on the Initial Information set forth below: (State below details of the Project’s site and program, Owner’s contractors and consultants, Architect’s consultants, Owner’s budget and schedule, anticipated procurement method, Owner’s Sustainable Objective, and other information relevant to the Project.) Architect’s Consultants: Associate Architect: SMA Architects Landscape Architect: Design 5 Civil, Structural, Mechanical, Electrical, Plumbing, Fire Protection, Surveying, and Technology: Morrison – Maierle Lighting Design: Mazzetti Audiovisual Design: IMEG Owner’s Budget: $4,500,000 project budget Owner’s Schedule: Refer to Exhibit B – BPL Schedule Procurement Method: CM/GC, CM/GC to be brought onto team prior to 50% Design Pricing Owner’s Sustainable Objectives: Owner will pursue LEED recertification for the library building, this effort is outside of this project scope. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect may agree to appropriately adjust the schedule, the Architect’s services, and the Architect’s compensation in accordance with the Master Agreement. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. ARTICLE 2 SERVICES UNDER THIS SERVICE ORDER § 2.1 The Architect’s Services under this Service Order are described below or in an exhibit to this Service Order, such as a Scope of Architect’s Services document. § 2.1.1 Basic Services (Describe below the Basic Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Refer to Exhibit A – MSR Fee Proposal 225 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 3 § 2.1.2 Additional Services (Describe below the Additional Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Refer to Exhibit A – MSR Fee Proposal, any services not described in this document will be negotiated between the Owner and Architect prior to the commencement of work. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 Unless otherwise provided in an exhibit to this Service Order, the Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: March 2022 .2 Substantial Completion date: November 2022 ARTICLE 4 COMPENSATION § 4.1 For Basic Services described under Section 2.1.1, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) (Paragraphs deleted) Four hundred eight seven thousand, two hundred eighty two dollars ($487,282) § 4.2 For Additional Services described under Section 2.1.2 or in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) To be negotiated in good faith by Architect and Owner at the time Additional Services are required. § 4.3 For Reimbursable Expenses described in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) Twenty two thousand dollars ($22,000) (Paragraph deleted) ARTICLE 5 INSURANCE § 5.1 Insurance shall be in accordance with section 3.3 of the Master Agreement, except as indicated below: (Insert any insurance requirements that differ from those stated in the Master Agreement, such as coverage types, coverage limits, and durations for professional liability or other coverages.) Refer to Master Agreement for amounts § 5.2 In addition to insurance requirements in the Master Agreement, the Architect shall carry the following types of insurance. 226 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 4 (List below any other insurance coverage to be provided by the Architect, not otherwise set forth in the Master Agreement, and any applicable limits.) Coverage Limits ARTICLE 6 PARTY REPRESENTATIVES § 6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement: (List name, address, and other information.) Jon Henderson, Strategic Services Director 121 North Rouse Street Bozeman, MT 59771 § 6.2 The Architect identifies the following representative in accordance with Section 1.5.1 of the Master Agreement: (List name, address, and other information.) Kate Michaud MSR Design 510 S Marquette, Suite 200 Minneapolis, MN 55402 kate@msrdesign.com 612-359-3258 ARTICLE 7 ATTACHMENTS AND EXHIBITS § 7.1 The following attachments and exhibits, if any, are incorporated herein by reference: .1 AIA Document, B121TM-2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders; .2 Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement.) Exhibit A – MSR Fee Proposal Exhibit B – BPL Schedule (Paragraphs deleted) Exhibit C – Hourly Rate Ranges This Service Order entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) Jeff Mihelich City Manager Traci Lesneski CEO, Principal (Printed name and title) (Printed name, title, and license number, if required) 227 Additions and Deletions Report for AIA® Document B221™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:30:18 CT on 08/03/2021. Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 1 PAGE 1 SERVICE ORDER number 1 made as of the 17 day of August in the year 2021 … Jeff Mihelich City Manager City of Bozeman, Montana 121 North Rouse Street Bozeman, MT 59771 … Traci Lesneski CEO, Principal MSR Design 510 S Marquette, Suite 200 Minneapolis, MN 55402 … Bozeman Public Library 626 E Main Street, Bozeman, MT 59715 Renovation and partial addition to the Bozeman Public Library … This Service Order, together with the Master Agreement between Owner and Architect dated the 17 day of August in the year 2021 PAGE 2 Architect’s Consultants: Associate Architect: SMA Architects Landscape Architect: Design 5 Civil, Structural, Mechanical, Electrical, Plumbing, Fire Protection, Surveying, and Technology: Morrison – Maierle Lighting Design: Mazzetti Audiovisual Design: IMEG Owner’s Budget: $4,500,000 project budget Owner’s Schedule: Refer to Exhibit B – BPL Schedule Procurement Method: CM/GC, CM/GC to be brought onto team prior to 50% Design Pricing 228 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 2 Owner’s Sustainable Objectives: Owner will pursue LEED recertification for the library building, this effort is outside of this project scope. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall may agree to appropriately adjust the schedule, the Architect’s services, and the Architect’s compensation. compensation in accordance with the Master Agreement. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. … Refer to Exhibit A – MSR Fee Proposal PAGE 3 Refer to Exhibit A – MSR Fee Proposal, any services not described in this document will be negotiated between the Owner and Architect prior to the commencement of work. … March 2022 … November 2022 … .2 Percentage Basis (Insert percentage value) ( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 4.4. .3 Other (Describe the method of compensation) Four hundred eight seven thousand, two hundred eighty two dollars ($487,282) … To be negotiated in good faith by Architect and Owner at the time Additional Services are required. … Twenty two thousand dollars ($22,000) § 4.4 When compensation identified in Section 4.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. … Refer to Master Agreement for amounts PAGE 4 229 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 3 Jon Henderson, Strategic Services Director 121 North Rouse Street Bozeman, MT 59771 … Kate Michaud MSR Design 510 S Marquette, Suite 200 Minneapolis, MN 55402 kate@msrdesign.com 612-359-3258 … Exhibit A – MSR Fee Proposal Exhibit B – BPL Schedule .3 Other documents: (List other documents, if any, including additional scopes of service forming part of this Service Order.) Exhibit C – Hourly Rate Ranges … Jeff Mihelich City Manager Traci Lesneski CEO, Principal 230 ™ – 2003.AIA Document D401 Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 16:30:18 CT on 08/03/2021 under Order No.1123312871 which expires on 06/30/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (877088590) 1 ’Certification of Document s Authenticity AIA®™ – 2003 Document D401 I, Traci Lesneski, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:30:18 CT on 08/03/2021 under Order No. 1123312871 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B221™ – 2018, Service Order for use with Master Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 8.4.2021 CEO, Principal 231 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 | 612. 375. 0336 msrdesign.com Dear Jon, MSR Design is pleased to present you with our proposal for design and construction services for the Bozeman Public Library Public project. This work will include: an addition to the Community Room and Montana Room, renovation of existing first floor spaces to incorporate a flexible lab space and library marketplace area, renovations to the second floor meeting rooms, and renovations to the second floor staff areas. To support the library’s goals, MSR will lead the following efforts: Design (17 weeks):  Assemble, lead, and manage the design team consultants.  Work with the city and library to help select a CM for the project. This will include reviewing proposals and participating in up to three interviews (assumed to be online).  MSR Design will make a trip to Bozeman for existing conditions documentation and engagement workshops.  The early Design phase engagement effort will include:  One interactive workshop with the core project committee and key stakeholders. (The format/style of this engagement to be confirmed.)  One interactive workshop with the core project committee and library staff. (The format/style of this engagement to be confirmed.)  One interactive workshop with community members. (The format/style of this engagement to be confirmed.)  Develop an analog version of the workshops to broaden the community outreach. MSR Design will develop content for the material, the Library will be responsible for printing and distribution or web hosting of the survey.  Generate 2-3 options for the renovation and addition work to fine-tune the design. Options will include furnishings layouts taking into account a combination of existing furnishings and new furnishings as achievable within the budget.  Review options with the core project committee and library staff in weekly meetings (online).  Generate a materials palette for interior and exterior materials for review by the core project committee at an in-person meeting with MSR Design.  Select new furnishings that coordinate with the existing furnishings to remain.  When a singular design and materials palette is agreed upon, we will present the design to the Library Foundation Board and Library Board for approval. This meeting will take place online.  Work with the selected CM and our team’s cost estimator to develop cost estimates at 50% Design. This estimate will be used to develop alternates to be used during bidding. Depending on the status of the project’s fundraising this estimate will be used to determine Phase 1 and Phase 2 scopes.  Review project costs, including furnishings budget costs, and make a final determination of project scope with the core project committee.  The final Design phase engagement effort will include:  In-person presentation to key project stakeholders, city leadership, and potential donors.  In-person or online presentation to community members (assumed during the same trip to present to city leaders and donors, if in person). 7/8/2021 Jon Henderson, Strategic Services Advisor City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 Re: Bozeman Public Library design and construction fee proposal 232 Page 2 of 3  During the Design Phase effort MSR Design will hold weekly meetings with the core project committee to review progress. Documentation (8 weeks):  Document, detail, and specify all aspects of the project scope for bidding (and future bidding for Phase 2 if needed).  Meet with the core project committee and library staff to review and finalize project details (this typically includes aspects of the project such as custom millwork, door hardware, and lighting controls).  During the Documentation Phase effort MSR will hold weekly meetings with the core project committee to review progress. Bidding and Permitting (8 weeks):  Attend the pre-bid meeting (in person).  Respond to bid RFIs, requests for substitution, and issue addenda as needed.  Work with Owner to obtain land use and building code approval for the project; starting in the design phase and culminating in the Bidding and Permitting Phase.  This proposal assumes that the project is not phased, and therefore will have a singular bidding and construction phase. In the event that multiple phases are needed we will provide a separate proposal for that effort. Construction Administration (34 weeks): Our proposal is based on an assumed 34-week construction period. During the Construction Phase we will:  Attend one pre-construction meeting.  Attend biweekly construction meetings; SMA will attend in-person, MSR Design will attend virtually (17 total visits).  MSR Design and SMA will respond to RFIs, review submittals, and issue updated drawing information as needed.  MSR Design and SMA will make one in-person site visit to prepare a final punch list. Signage Design: MSR Design will provide signage design services for interior code, wayfinding, library collection, and informational signage. This work will include:  (3) online signage design meetings with the core project committee and library staff.  Preparation of the signage bid set to be used by the owner for bidding.  Review of signage submittals and installation.  MSR Design will make one in-person site visit to prepare a final signage punch list. Furnishings Design: MSR Design will provide furnishings design services for the addition and renovated spaces. This will include: · Furniture inventory of existing furniture and shelving to be reused or relocated. · (3) online furnishings design meetings with the core project committee and library staff. · (1) in-person design meeting and furniture sit-test. · Preparation of the furnishings specifications to be used by the owner for bidding. · Review of furniture bids.  MSR Design will make one in-person site visit to prepare a final furnishings punch list, this visit will take place at the same time as the signage punch list. The following deliverables will be provided as the result of the responsibilities and tasks outlined above:  Summary document of staff and public engagement during the design phase  50% design drawing set and outline specifications to document project scope and support cost estimate  100% Construction Documents & specifications to support bidding process  Signage specifications and bidding package 233 Page 3 of 3  Furnishings specifications and bidding package  (3) project renderings to support fundraising and external communications. These will be updated at the completion of the Design phase. The following efforts & deliverables are exclusions from this proposal. MSR Design can provide an additional proposal should the project’s needs require such efforts:  Cost estimating, we will rely on the CMGC hired by the owner to provide a detailed breakdown cost estimate for the 50% Pricing Set.  Services related to scopes that are yet to be defined.  Record drawings and/or as-built drawings of existing building conditions.  LEED administration and/or documentation.  Additional fundraising, Marketing, & Community communications renderings beyond those noted above.  Geotechnical reports, environmental reports, or other specialized reports required. For the above noted efforts & services, MSR Design and its team of consultants propose the following fixed fees for the scope of work: Design $ 186,709 Documentation $ 88,880 Bidding & Permitting $ 18,239 Construction Administration $ 90,950 Total Basic Services $384,778 Public Engagement $ 15,130 Furnishings Design $ 57,374 Signage Design $ 27,000 ALTA Survey $ 3,000 Total Supplemental Services $ 102,504 We estimate a total of $22,000 to cover reimbursable expenses including: printing, postage, modeling supplies, and travel costs. Travel costs include coach airfare, GSA rates for hotels and meals, and car rentals. These expenses will be billed only if/when expended. MSR Design’s payment terms are outlined below:  All invoices are due 45 days from the date of invoice.  MSR Design may assess a finance charge of 5% on any invoices past due.  MSR Design reserves the right to stop work/withhold service without recourse due to non-payment of any past due invoice. We are delighted to be working with you on this project. Please let me know if you have any questions related to this proposal, and we can establish a time to review together. Sincerely, Traci Lesneski, CEO, Principal 612. 991. 7764 | traci@msrdesign.com 234 Bozeman Public LibraryDesign and Construction Schedule 6/3/2021Key meetings Staff engagement Engagement Milestone Approvals Design ConstructionDesign Phase (17 weeks)1234567891011121314151617Site visit*Design reviewDesign approvalCoordination Set50% Pricing SetCost review**Present final design***(Lib Board)Pre-app with cityIssue for site plan reviewDocumentation Phase (8 weeks)Bidding and Permitting (8 weeks)1234567812345678DetailDetailDetailIssue for bid & permitBids ReviewReviewReviewActivitySite plan approvalPermit approvalConstruction (34 weeks)1234567891011121314151617FF&E InventoryFF&E Final Design FF&E Bidding and Contracting1819202122232425262728293031323334FF&E Lead Times and DeliveryMove In (6 weeks)123456 Grand Opening* MSR site visit: building tour and documentation, pre-app meeting with city staff, public engagement and staff engagement.Building tour and documentation, pre-app meeting with city staff, public engagement and staff engagement activities.** Align final project scope and budget. Identify scope to be included as alternates.*** Present to Library Founation Board, Library Board, and public. Updated renderings and presentation plans.EngagementFF&E install starts FF&E install ends 235 Reimbursable Expenses Rates** Item Estimated Cost Travel at cost +10% (airfare, hotel, car rental, etc.) Online meeting usage fee at cost Mileage at current IRS rates Postage | overnight delivery at cost + 10% B&W prints $0.05/sheet Color prints $0.15/sheet B&W large format plots $0.24/sf Color large format plots $3.50/sheet 3D printed model $7/cubic inch Hourly Billing Rates Ranges* Category Billing Rate Principal $216.00 – $235.00 Registered Architect $100.00 – $153.00 Certified Interior Designer $ 92.00 Designer $ 81.00 – $156.25 Signage Designer $ 81.00 – $ 92.00 Administrative Staff $ 55.00 – $186.00 *These rates are effective through September 30, 2021. Rates will increase approximately 5% each year. **These rates are effective through September 30, 2021. Costs are subject to change without prior notification. 236 SMA Architects - Architectural Rates Architect II $108.00/HR Architect I $90.00/HR Interior Designer II $91.00/HR Interior Designer I $79.00/HR CAD/BIM Technician $78.00/HR Intern Architect $66.00/HR Construction Manager $99.00/HR Marketing Coordinator $88.00/HR Admin II $66.00/HR Admin I $58.00/HR Expenses ACTUAL SMA Architects - Reimbursable Expenses Copies + Printing (Bond Paper)Cost/Page or Sheet 8 1/2" x 11"$0.10 8 1/2" x 11" (color)$0.15 11" x 17"$0.21 11" x 17" (color)$0.26 12" x 18"$0.31 12" x 18" (color)$0.36 24" x 36" (in house)$2.58 30" x 42" (in house)$3.09 24" x 36" (outside)actual cost 30" x 42" (outside)actual cost 24" x 36" glossy/mounted $36.05 Copies + Printing (Mylar)Cost/Page or Sheet 24" x 36" (in house)$6.18 30" x 42" (in house)$10.30 24" x 36" (outside)actual cost 30" x 42" (outside)actual cost Specifications actual cost Mileage Current Federal Mileage Rate Lodging actual cost Meals actual cost Shipping actual cost Other project expenses actual cost SMA Architects **Rates are subject to change yearly with client approval -- 2021 237 Page 1 37 E Main Street, Suite 10 Bozeman, MT 59715 406.587.4873 www.design5la.com Current Billing Rates PROJECT: Bozeman Public Library Remodel DATE: August 3, 2021 Design 5 Landscape architecture billing rates as of 7/1/2021: Principal $160/hr. Lead Designer $135/hr. CAD Tech $100/hr. Admin $75/hr. 238 1999 Broadway, Suite 2205  Denver, Colorado 80202  720.644.5044  www.mazzetti.com ATTACHMENT A PROFESSIONAL SERVICES RATES Principal $235 / hr. Associate Principal $215 / hr. Senior Associate $195 / hr. Commissioning Technician $185 / hr. IT Consultant $185 / hr. Associate/Senior Engineer $175 / hr. Project Manager $175 / hr. Associate $175 / hr. Senior Engineer $175 / hr. Senior Controls Consultant $175 / hr. BIM/CAD Manager $165 / hr. Engineer $165 / hr. Senior Designer $155 / hr. Designer $125 / hr. Draftsperson $110 / hr. Document Production/Administrative Support $100 / hr. Review Date: January 1, 2020 239 Standard Billing Rate Schedule Effective Thru December 31, 2021 Standard Rate Overtime Rate Engineer Supervising Engineer IV 226.00 226.00 Supervising Engineer III 211.00 211.00 Supervising Engineer II 201.00 201.00 Supervising Engineer I 190.00 190.00 Senior Engineer II 180.00 180.00 Senior Engineer I 163.00 163.00 Design Engineer II 153.00 153.00 Design Engineer I 143.00 143.00 Engineer Intern II 124.00 124.00 Engineer Intern I 109.00 109.00 Planner Supervising Senior Planner 196.00 196.00 Senior Planner 163.00 163.00 Planner III 132.00 132.00 Planner II 120.00 120.00 Planner I 105.00 105.00 Scientist Supervising Environmental Scientist 204.00 204.00 Environmental Scientist III 163.00 163.00 Environmental Scientist II 122.00 122.00 Environmental Scientist I 105.00 105.00 Environmental Technician 92.00 92.00 Supervising Geologist 205.00 205.00 Senior Geologist 194.00 194.00 Geologist III 167.00 167.00 Geologist II 143.00 143.00 Geologist I 122.00 122.00 Designer and Technician Senior Communications Designer 153.00 153.00 CAD Designer III 136.00 136.00 CAD Designer II 125.00 125.00 CAD Designer I 116.00 174.00 CAD Tech III 114.00 171.00 CAD Tech II 99.00 148.50 CAD Tech I 87.00 130.50 Senior Engineering Technician 158.00 158.00 Engineering Technician 109.00 109.00 Resident Project Representative Senior Resident Project Representative 152.00 152.00 Resident Project Representative III 145.00 145.00 Resident Project Representative II 128.00 128.00 Resident Project Representative I 110.00 165.00 Administrative Administrative Manager 110.00 110.00 Administrative Coordinator III 102.00 102.00 Administrative Coordinator II 96.00 144.00 Administrative Coordinator I 79.00 118.50 Project Coordinator III 103.00 154.50 Project Coordinator II 91.00 136.50 Project Coordinator I 79.00 118.50 Technical Intern 75.00 112.50 Senior Communication Specialist 108.00 108.00 Graphic Designer 92.00 92.00 Health & Safety Administrator 122.00 122.00 Survey Senior Survey Manager 179.00 179.00 Survey Manager 153.00 153.00 Land Surveyor IV 147.00 147.00 Land Surveyor III 138.00 138.00 Land Surveyor II 126.00 126.00 Land Surveyor I 116.00 116.00 Remote Sensing Specialist 116.00 174.00 Survey Technician IV 107.00 160.50 Survey Technician III 100.00 150.00 Survey Technician II 87.00 130.50 Survey Technician I 73.00 109.50 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 2021 1/11/2021240 2021 STANDARD HOURLY RATES - SMEPT/MEQ/Cx (rates adjusted annually) Client Executive / Market Director $250 Project Executive $230 Senior Engineer Technical Specialist $215 Senior Engineer III $205 Senior Engineer II $185 Senior Engineer $160 Project Engineer II $150 Project Engineer $130 Engineer $120 Senior Designer Technical Specialist $190 Senior Designer III $180 Senior Designer II $165 Senior Designer $150 Project Designer II $140 Project Designer $130 Designer IV $120 Designer III $115 Designer II $110 Designer $105 Senior Medical Equipment Planner $195 Medical Equipment Planner $140 Sr. Commissioning Authority/Engineer $185 Project Commissioning Authority/Engineer $145 Commissioning Authority/Engineer $120 Senior Construction Administrator $165 Construction Administrator $145 Senior Virtual Design Coordinator $115 Virtual Design Coordinator $100 Virtual Design Technician $95 Administrative Assistant $80 241 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign an Agreement Between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Final Design and Construction Phases of the Bozeman Public Library Expansion MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to Sign an Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Final Design and Construction Phases of the Bozeman Public Library Expansion STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND: The Bozeman Public Library, in partnership with the Library Foundation, and the City of Bozeman, is pursuing a possible renovation and expansion of the current facility to meet growing program needs, in addition to expanded meeting room space. This project will be completed in three phases: Phase 1 – Community Engagement & Conceptual Design (completed June 30, 2021) Phase 2 – Final Design Phase 3 – Construction An agreement between the Library Foundation, the Library Board of Trustees, and the City of Bozeman will clarify the relationship between funding commitments on behalf of the Library Foundation and project management and legal services provided by the City. The Library Foundation is targeting a $4.5 million dollar project to include all phases. The Library Foundation will provide funding for all phases, while City staff will provide project management support and long term facility maintenance. Phase 1 was completed on June 30, 2021 following extensive community and staff input. Phase 2 is anticipated to be completed by the 242 end of 2021, with Phase 3 finalized by the end of 2022. The scope of the project will be determined based on multiple factors including fundraising success and obtainable priority needs as identified in the conceptual design process. This project will focus on the existing facility, while parallel efforts are made to explore a partnership with Gallatin High in addition to a separate satellite branch to better serve the west side of town. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The Library Foundation has sufficient funds to initiate and complete Phase 2. The Foundation will use its best efforts to ensure that as the project moves forward it will be prepared to fund the project. Attachments: Bozeman Public Library Expansion - MOU for Phase 2 and 3.pdf Report compiled on: August 6, 2021 243 Page 1 of 3 Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phases 2 & 3 of the Bozeman Public Library Expansion This Agreement is between the Bozeman Public Library Board of Trustees (Board) with a mailing address of PO Box 1230, Bozeman, Montana, 59771, the City of Bozeman (City), with a mailing address of PO Box 1230, Bozeman, Montana, 59771, and the Bozeman Public Library Foundation (Foundation) with a mailing address of 626 E. Main, Bozeman, MT 59715. Recognizing the Board and the City are constituents of the same entity, for purposes of this MOU both are individual signatories to this Agreement to demonstrate the City and the Board recognize and understand the responsibilities of the Board (and the Library Director) and the responsibilities of City in implementing this Agreement. The Board, City, and Foundation are referred to collectively as the “Parties.” I. Purpose On September 22, 2020, the Parties entered into the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman for Phase 1 of the Bozeman Library Expansion (the “Phase 1 Agreement”). The purpose of this Agreement is to provide an understanding between the Board, the City, and the Foundation regarding the responsibilities of each party for planning, designing, financing, and construction of improvements to the Bozeman Public Library (the “Project”) for Phases 2 and 3 of the Project. Nothing in this Agreement supersedes the Phase 1 Agreement. The Foundation, the City, and the Board understand this Agreement provides the Parties’ agreement of how the Project will be developed for phases 2 and 3 and that this Agreement will be supplemented and adjusted as needed; as such, except for the Foundation’s obligations regarding funding of the Project, the understanding between the parties as stated in this Agreement is subject to change. II. The Project The Board, the City, and the Foundation are pursuing a renovation and possible physical expansion of the current Bozeman Public Library (Library) facility to meet the Library’s growing program needs and growing demand for publicly accessible meeting room space as stated in the City of Bozeman Strategic Plan 5.1.a. The Project, as currently understood between the parties, consists of three phases: • Phase 1 – Community Engagement & Conceptual Design • Phase 2 – Final Design 244 Page 2 of 3 • Phase 3 – Construction The Foundation agrees to provide funding for the costs and expenses of all phases of the Project, while City and Board staff will provide project management support for the Project and maintenance of the Library after the Project is completed. Phase 1 is scheduled for completion in June of 2021. Phases 2 & 3 will begin in August of 2021 with construction not likely to occur until 2022. III. Responsibilities The Foundation will provide funding for the costs and expenses of all phases of the Project and the City and Board will provide staff support including project management for all phases. For Phases 2 & 3, the City responsibilities include executing an Architectural Services Agreement with the current project Architect, MSR Design, and preparing a Request for Proposals (or Request for Qualifications) to select a General Contractor to support final design and provide construction services and enter into a contract with the selected contractor. IV. Process The parties understand they will cooperate on developing plans and schedules for all phases of the Project. The City’s Strategic Services Director, the Library’s Director, and the Foundation’s Director will develop a mutually agreed upon list of actions and responsibilities. V. Financing The Foundation represents to the City and the Board that it will raise all funds necessary for phases 2 and 3 of the Project. The Foundation represents it currently has sufficient funds to pay for all architectural services in Phase 2 of the Project and will reimburse the City for such expenses upon invoice from the City. For Phase 3, the Foundation must raise sufficient funds for all construction activities and provide evidence to the City that the Foundation has sufficient funds for all activities under Phase 3. The Foundation agrees the City will not commence construction of Phase 3 until it has evidence the Foundation has met this requirement. Construction may occur in phases if the necessary funding for the full scope is not secured in a timely fashion. The City agrees to accept signed donor pledges of funding as a guarantee of payment. 245 Page 3 of 3 VI. Representatives The Parties understand that decisions called for in the Agreement will be made by each Party’s representative. For purpose of this Agreement the Foundation shall be represented by its Director, Janay Johnson, the City represented by its Director of Strategic Services, Jon Henderson, and the Board represented by its Director, Susan Gregory. VII. No Partnership; Binding Agreement Required Nothing herein shall be deemed to constitute the creation of a formal business entity or partnership between the parties. #### END OF AGREEMENT EXCEPT FOR SIGNATURES #### City of Bozeman ____________________________ DATE: __________ Jeff Mihelich, City Manager Library Board of Trustees ____________________________ DATE: __________ John Gallagher, Chair Bozeman Public Library Foundation ____________________________ DATE: __________ Janay Johnson, Director 246 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director Anna Rosenberry, Assistant City Manager SUBJECT:Amendment to the Employment Agreement Between City of Bozeman and Jeff Mihelich (City Manager) MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and sign the amendment to the Employment Agreement between City of Bozeman and Jeff Mihelich (City Manager). STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:Human Resources Department staff have identified the need to adjust one sub-section of the current employment agreement between the City of Bozeman and City Manager Mihelich. An amendment to the agreement is required to comply with Internal Revenue Service rules regarding contributions to deferred compensation plans. This proposed amendment does not modify the amount of compensation or have any other financial impacts. Section VI.4 "Retirement" in the employment agreement provides for a City contribution of an amount equal to 18% of employee's base salary as a monthly contribution to a Section 457 deferred compensation plan. However this provision, as currently written, does not meet IRS regulations. The intent of the original employment agreement was to provide the employee with two options for deferred compensation plans, Sections 457 and 401(a), to ensure the employee is able to receive the full benefit provided by the City and that parties meet IRS regulations. City staff has worked with our plan provider, ICMA Retirement Corporation, to establish the appropriate 401(a) plan agreement in addition to our current 457 plan agreement. An amendment to the City Manger's employment agreement is necessary in order for the City to be compliant with IRS and ICMA rules, and for the City to provide the agreed upon benefit to the employee. 247 All other terms and conditions of the employment agreement will remain in effect. This amendment does not modify the City Manager's current compensation and has no additional financial impact on the City. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This amendment has no additional financial impact on the City. Attachments: Mihelich - Contract Amendment.pdf Report compiled on: August 6, 2021 248 AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN CITY OF BOZEMAN AND JEFF MIHELICH (CITY MANAGER) This Amendment modifies the existing Employment Agreement between the City of Bozeman (“City”) and Jeff Mihelich dated April 20, 2020, in the following way: Article VI. BENEFITS Vl.4 Retirement. The City will provide Employee the same retirement program through the Montana Public Employees Retirement Administration as is provided to other employees of the City. In addition, the City shall adopt a qualified 401(a) defined contribution plan and Section 457 deferred compensation plan offered through ICMA Retirement Corporation. The City shall contribute an amount equal to eighteen percent (18%) of the employee's base annual salary as a monthly contribution to either or both plans with the division between the 401(a) and Section 457 to be determined by the Employee. For purposes of this section, base annual salary shall be calculated in the same manner as all other non-represented City employees. Except as modified herein, all other terms and conditions of the Agreement shall remain in effect. CITY OF BOZEMAN: Cyndy Andrus, Mayor Attest: Mike Maas, City Clerk EMPLOYEE: Jeff Mihelich 249 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement between the City of Bozeman and Affion for the Recruitment of Public Works Positions MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement between the City of Bozeman and Affion for the recruitment of Public Works positions. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:In July, the City requested proposals for the recruitment of three key public works positions, Director of Transportation and Engineering, Director of Utilities, and City Engineer. Of the proposals submitted, Affion was selected. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Will be paid for out of the Public Works Department's vacancy savings. Attachments: Professional Services Agreement - Public Works Recruitment Bozeman Affion (003).pdf Report compiled on: August 6, 2021 250 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 17th day of August, 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, Affion, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date, 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, 251 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 252 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 253 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 254 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 255 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Cassandra Tozer, Human Resources Director, 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 256 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 7 of 11 purpose of this Agreement shall be Gina Sprowls or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall 257 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 8 of 11 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. The 258 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 9 of 11 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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. 259 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 10 of 11 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Affion Public CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Scott Reilly (Affion Public) Print Title: President/CEO 260 Professional Services Agreement for Public Works Recruitment FY 2021 - 2022 Page 11 of 11 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 261 We deliver leaders. Our executive recruiting specialists have national contacts within the public sector and professional organizations – allowing us to find a broad range of talent. We rigorously qualify and investigate each candidate. We won’t just pull names out of a database. When we are finished, you will have candidates that meet or exceed your expectations. 262 07/13/2021 Cassandra Tozer Human Resources Director City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 Dear Cassie, Thank you for the opportunity to submit our offer of executive search services for the Director of Public Works – Utilities, Director of Public Works – Transportation/Development, and the City Engineer positions. As you know, Affion Public is an executive search firm that specializes in identifying and placing exceptional executive level candidates within the public sector. We have built a successful practice on placing public sector executives and have a reputation for developing excellent working relationships with the clients we serve. Our partnership approach and high quality of work fosters the level of comfort our clients’ value and deserve. With our high touch style, we’ll be able to provide you with the attention that you warrant and deserve for this very important search. Our search process and collaborative approach has enabled Affion Public to conduct multiple searches for the majority of the clients we serve. We differentiate ourselves from our competition by seeking out passive, as well as, active candidates that will best meet the needs of our clients. By conducting searches in this manner, we are able to provide a tailored pool of candidates rather than recycling the same candidates search after search. Our commitment to diversity and success at targeting minority candidates has also helped to set us apart from other firms. On behalf of Affion Public, we will be thrilled to be your firm of choice! Please feel free to contact me directly at 717-576-9847 or via email at reilly@affionpublic.com. I look forward to speaking with you in the near future. Best Regards, Scott Reilly CEO, Affion Public Corporate Address: PO Box 794 Hershey, PA 17033 www.affionpublic.com 888.321.4922 toll free 717.214.4922 local Delivering Leaders. 263 Corporate Mailing Address: P.O. Box 794 Hershey, PA 17033 888-321-4922 www.affionpublic.com City of Bozeman, MT 07/13/2021 • Director of Public Works – Utilities • Director of Public Works – Transportation/Development • City Engineer 264 2 Table of Contents Table of Contents ............................................................................................................................ 2 Company Profile ............................................................................................................................. 3 Why Affion? .................................................................................................................................... 3 What We Do Differently ................................................................................................................. 4 Relevant Search Experience ........................................................................................................... 5 Objectives and Approach ................................................................................................................ 6 Developing the Candidate Profile ....................................................................................................7 Input from Stakeholders ..................................................................................................................7 Candidate Pool ................................................................................................................................ 8 Affion Process in Screening ............................................................................................................ 8 Statement of Diversity ................................................................................................................... 11 Individuals Assigned to Search:..................................................................................................... 12 Cost ................................................................................................................................................ 14 Guarantee: ..................................................................................................................................... 14 Reference List ................................................................................................................................ 15 Client List ....................................................................................................................................... 16 Affion Disclaimer Copyright © 2009 by Affion Public, LLC. All rights reserved. Printed in the United States of America. The information in this document is the exclusive property of Affion Public, LLC. The data and trade secrets contained herein are submitted for use solely by the City of Bozeman, MT. The reproduction of this document or any portion thereof, in any form, without the express written consent of Affion Public, LLC is forbidden. 265 3 Company Profile Affion Public is deeply rooted in the public sector, providing executive search services for state and local government, education and non-profit organizations since 2000. Our executive search division specializes in identifying the nation’s best and brightest executives and delivering those individuals to our public sector clients. Our partners are typically state, county, city, and government organizations as well as non-profits. Recognized as a leader in public sector executive searches, Affion has attained “preferred” vendor status or an exclusive relationship with a majority of its client partners. Affion’s corporate address is P.O. Box 794, Hershey, PA 17033. Why Affion? We are different. As a company, our strengths lie in our people, our passion, and our commitment. Affion employs an extremely talented group of professionals that bring a diverse set of skills and an average of over 10 years of experience in government and private sector venues. Extraordinary, trusted client partnerships have separated us from others in the industry. Embracing a small business approach has enabled the entrepreneurial spirit of Affion, while also ensuring a personalized approach and customized solution for our partners. It is our unique understanding of the complexities of the public sector that gives us an edge. We know what to challenge potential candidates on, and we know how to discern and qualify the very specific set of skills an executive needs in order to succeed within the public realm. Our particular expertise lies in our ability to reach out to and ultimately attract the best and the brightest into the public executive domain. Short and long term, Affion is looking for valued, long lasting partnerships, where we can have a real and positive effect for our client. Our public sector team provides a full range of customized executive recruiting and management consulting services. Particular areas of expertise lie within strategy, human resources, process and solutions. We have served in an advisory capacity to state, city, and municipal governments across the country. Historically, our specialized executive recruitment services have been client driven. By building strong client partnerships, and practicing due diligence, we gain an invaluable understanding of the mission, motivation and culture of our client. This has allowed us to successfully recruit across all departmental disciplines and ultimately to provide top executives to an array of governmental agencies and authorities (e.g. Information Systems, Public Safety, Engineering, Health and Human Services, Water Utilities, Economic Development, Assistant City Managers, City Managers, etc.). 266 4 What We Do Differently Our executive search goal is to specify, identify, qualify and deliver candidates that meet or exceed your expectations. After consulting with client executives and stakeholders, we utilize a systematic search methodology to customize and tailor the ideal candidate and position profile to meet the specified need. Targeting organizations that are similar to our client, we set out to find individuals that meet and exceed the background, education, experience, and personal characteristics required. This is done in a highly confidential manner and in compliance with applicable legal standards. Once a potential candidate has been identified, they will enter into a rigorous qualifying process to further establish the “fit”. A comprehensive confidential report on each of the selected candidates is prepared to include pertinent information relative to the candidates work history and background. A professional appraisal of the candidates’ competencies compared to the specific requirements will be provided as a continuum to the report. In the form of a portfolio presentation, we meet with the stakeholders to make our recommendations. We deliver individuals that are competent, qualified, and capable. We deliver solutions. 267 5 Relevant Search Experience • Borough of State College, PA o Director of Public Works (2016; 2021 – present) • City of Austin, TX o Director of Solid Waste Services (2009) o Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) o Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) o Assistant Director of Water Res Planning & Analysis (2015) • City of Boulder, CO o Director of Public Works for Utilities (2011) • City of Broken Arrow, OK o Director of Engineering/Construction (2014) • City of Chandler, AZ o Municipal Utilities Director (2015) • City of College Station, TX o Director of Water Services (2018) • City of Dallas, TX o Assistant Director Dallas Water Utilities (2005) o Director of the Department of Trinity Watershed Management (2015) • City of Durango, CO o Director of Public Works (2021) • City of El Paso, TX o Managing Director of Public Works (2015) • City of Fort Collins, CO o Transfort & Parking Services General Manager (2018) o Director of Planning, Development and Transportation (2019) • City of Gardner, KS o Utility Director (2015) • City of Greeley, CO o Public Works Director (2021) o City Engineer (2021 – present) • City of Irving, TX o Capital Improvement Program Director (2019) • City of McKinney, TX o Director of Water Utilities and Infrastructure (2013) o Director of Public Works (2016) • City of Port Arthur, TX o Director of Public Works (2016) • North Texas Municipal Water District (NTMWD) o Water System Manager (2018) • Central Texas Regional Mobility Authority (CTRMA) o Executive Director (2020) • E-470 Public Highway Authority, Aurora, CO o Executive Director (2015) 268 6 Objectives and Approach 1. Establishing the Timeline – we will work closely with you to determine your ideal start date for your executive and then work to make sure that we agree on all target dates and activities. 2. Input from Key Decision Makers – we will meet with all parties who will be impacted by this executive to seek input, which will also help us understand the company, the people and the working environment. This can include setting up public forums to engage the community in assisting in the process. 3. Developing the Candidate Profile – through extensive interviews we will gain a complete understanding of the mission and goals of the company and begin to create the profile of the executive you are seeking. 4. Candidate Pool and Search Techniques – we will use our own extensive internal database, our personal and professional connections, competitor intelligence, targeted recruiting, industry specific sourcing and other recruiting tools to begin to identify the perfect candidate. 5. Screening Process – we will conduct interviews to qualify each candidate, whether it is an internal candidate or an external one, prior to presentation to you, and will conduct an extensive background check on each potential candidate. 6. Selecting Candidates for Client Review – we will present the key decision makers with a portfolio of candidates for consideration and will discuss each candidate’s skills and qualifications in detail. 7. Choosing the Finalists and the Interview – once the client has reviewed the candidates and has selected the finalists, interviews with the key decision makers or the selection committee will begin. 8. Hiring – all candidates will have been pre-qualified on the salary range; benefits and we will assist in all final employment matters. 269 7 Developing the Candidate Profile Affion’s approach to executive searches is a very personal and systematic one. Our success is dependent on the access and information granted to us by the client organization, so that we can gather all the information possible to have a true understanding of the client’s needs. Only if we know the organization intimately and develop a very thorough and detailed profile of the ideal candidate, can we be assured of the right match for the organization and the individual who is ultimately selected. We pride ourselves in the value we bring to the table by working with the client to develop the profile of the ideal candidate from which to conduct our search. We do this by spending a great deal of time with the chief decision makers, elected officials, etc. at the very beginning, learning the history of the position, the mission and goals of the organization, the past successes and failures of the position, staff, budget and virtually everything the selected candidate would need to have experience and success addressing. In order for us to locate the ideal leader for an organization, we must know where that organization wants to go and what it will take to get it there. Each search is different, and we invest as much time in getting to know the style and organizational culture of our client as we do getting to know each candidate under consideration. We develop a strong relationship with the decision makers and people with whom the potential candidates would be working to ensure the right match. We spend time with the decision maker(s) to understand their idea of the "ideal" candidate, their own management style, and what the position means to them and to the organization. We learn and adopt the organization’s vision, so that we are able to recruit candidates who will embrace those goals and lead a strategy that will support that vision. We prefer to interview other successful executives at the peer level of the vacant position to get an understanding of the kind of leaders who are successful in the organization. We also find it valuable to interview some subordinate level staff, if possible, to assess some of the challenges or strengths within the current resources that the incoming executive would find. These early stages of the search are, in our mind, the most important. Our entire search team, including our assigned recruiter(s), is involved in this information gathering/ relationship process from the beginning so we all know exactly what our client is seeking in applicants and are qualifying candidates on the client’s organizational culture. For national searches, our team also investigates the community in which the position resides. We investigate the public and private school options, and even spend time with a realtor to get a feel of the local housing market for relocation. All of this helps us when we screen and sell candidates on the position. From the interviews and fact gathering, we will prepare a comprehensive candidate recruitment profile for the position, with the desired qualifications and characteristics, for approval by the client's designee(s). It is from this customized profile that we conduct our systematic search. Input from Stakeholders The first steps in any search begin with our onsite stakeholder meetings. The purpose of the stakeholder interviews is to allow Affion an intimate understanding of the organization, the people and the environment. These interviews are how we develop the two key profiles in which the search is built around. The first profile is the position profile. The position profile includes not only the requirements the successful individual will possess but also what they will be doing on a daily, weekly and monthly basis. This profile is critical in analyzing the potential candidate’s previous experience. The second profile is the candidate profile in which we spoke previously about. This profile allows Affion to define the type of individuals that will be successful in your organization. The stakeholder meetings begin with developing the list of individuals that will be working directly with this person. This list should include whomever the individual is responsible for reporting to and anyone who may be directly involved with the hiring and interview process. Affion is committed to spending as much time as necessary on the stakeholder meeting to ensure a successful placement. 270 8 The stakeholder meetings are approximately one-hour interview session in which our team will ask probing questions to what will make the candidate successful. These are generally done on an individual basis. Additional stakeholder meetings including public input will be scheduled at the discretion of the selection team. We have a long history of being very inclusive with our stakeholder process and often meet with community leaders, business leaders, civic and religious leaders as well as neighborhood associations. Candidate Pool Affion is a relationship driven, select targeting firm. We use our own internal database to draw upon potential candidates with whom we have built relationships and/or referrals. We use the telephone to reach out to referrals and candidates initially. We use the Internet as well as select research firms to investigate credit, criminal and other background checks and to obtain any written publications authored by, or regarding, the candidates. Beyond this limited use of technology, our efforts are all carried out in person. We post the job on the Internet or advertise in print as required by the client organization. Even our utilization of networks of professional or trade associations, is done in person. This personal approach is how we have been most successful in targeting and attracting the best and most diverse selection of candidates. Each Affion recruitment effort is customized specifically to the client organization’s needs and preferences. One of the additional values achieved from the time we spend in the beginning is getting to know the client organization and its culture and obtaining mutual agreement on a process that works for both of us. While we have a very strict and systematic internal qualifying/screening process, it is only visible to the client in the result it produces. Any processes external to our qualifying/screening process may be modified to accommodate the client’s organizational needs. Affion Process in Screening While the general steps outlined herein are the basis of the Affion search, flexibility is built into our model to accommodate a particular client’s preferences. Our search is customized to best meet the needs of our client and as long as we are not asked to forego steps to ensure quality, modifications or additions can be made. Sourcing/Recruiting Candidates Our senior executive recruiters (100% dedicated to this search) will identify candidates who have been successful in like organizations in similar positions. We search from a variety of sources to ensure development of a broad representative pool in terms of affirmative action efforts and experience; including our own network of contacts and files; public or private entities, professional and other associations and organizations related to the position and referrals. We do targeted advertising in publications specific to the position. Targeted Recruiting Affion maintains a national database through extensive networks in industry specific business groups, trade and professional organizations. To further ensure a diverse candidate pool, we also source candidates from professional organizations and networks that are ethnic and gender specific. We reach out to a variety of sources to collectively find the best talent available. 271 9 As a result of our previous and ongoing recruiting efforts within government and quasi-government organizations, (local, city, county, and state) Affion has, and continues to build, an expansive network of candidates that includes the best and the brightest in the public sector. That network of candidates exemplifies our professional commitment to building valued relationships, knowing the individuals’ experience and leadership styles, and understanding their needs and career goals. By operating within these guidelines, our deliverable to our client results in being a known and trusted entity. Screening/Qualifying Candidates Our senior executive recruiter conducts preliminary screening interviews of all candidates and the most promising candidates to determine their qualifications, pertinent accomplishments, experience, ability to meet special needs of the position and their interest in being considered. Preliminary screening will be based on a resume rating developed from criteria contained in the customized Candidate Recruitment Profile, information contained in the resumes submitted to Affion, and Affion’s knowledge of the people and organizations with whom and in which we work. At this point in the search, our recruiter is also securing preliminary, confidential reference information on the most promising candidates (as available and appropriate) to verify experience and qualifications; i.e., to ensure that it is worthwhile proceeding with them. After qualifying the best candidates into our process, those individuals are subjected to further rounds of interviews by additional Affion executive staff. The same criteria are used, but the emphasis here, is on organizational and cultural fit, and political acumen. This process assures the quality we demand of the short list of semi-finalists that are selected. All candidates are met face-to-face when possible. If the face-to-face interviews cannot be arranged, then video conferencing is arranged to ensure that the recruiters and executives within Affion are comfortable with the candidates they are presenting for consideration. Background Investigation When all members of the Affion qualifying team have agreed that the candidate fits the desired profile we begin extensive background checks to include criminal, education, and financial investigations. Reference calls are completed. Internet and media searches are conducted. This entire procedure is intended to further eliminate unqualified candidates, and to validate the credentials of the final candidates in process. Selecting Finalists for Promotion to Client From our rigorous qualifying process and investigation, Affion typically narrows the field of qualified candidates to the top 6-8. We present all of the client’s designated representatives with a comprehensive book of material on each of the selected individuals. These books contain summary profiles, resumes, applications, articles by or regarding the candidate, pertinent work product, and photographs of those candidates whose qualifications, work experience, achievements, and/or other special qualities qualify them for the position. This comprehensive confidential report on each candidate covers not only the candidate's working career and those personal aspects that are relevant to the position, but also our appraisal of how the candidate's competencies compare to your specific needs and environment. Affion and the client’s representatives will meet to review the detailed contents of the book. Internal Candidates Affion always screens and evaluates those applications and resumes received by the client from in-house or outside applicants to insure, on the client’s behalf, that the process is considered fair to all applicants and to determine if any of these individuals are qualified, viable candidates. Often, at the client’s preference we keep all in-house applicants in process until the final qualifying phases of the search process, unless it is clearly established that certain individuals are not qualified. We review, evaluate and acknowledge in writing all applications and resumes received. Additionally, we ask that all solicitations for consideration made directly to the client be forwarded to Affion immediately to avoid duplication of efforts and take work off the client’s shoulders. 272 10 Client Selection of Candidates for Interview Affion would work closely with the hiring team for selecting the finalist. Affion will make a portfolio presentation to the key stakeholders which will include; the resume, a brief bio written by the candidate, a description of the candidate’s strengths and weaknesses, and an answer to the questions “Why Should I be the Next…” Upon our face-to-face presentation of the finalists, with our recommendations and comprehensive background information, we require that the client select the number and names of the candidates it wishes to interview in person. Upon the client’s direction, Affion personnel will coordinate with client personnel to arrange interviews with the top candidates selected for consideration. Affion will work with the client to coordinate any travel or accommodation details that may be needed for each outside candidate. Client Interviews and Final Selection The finalist interviews would be conducted in conjunction with the wishes of the hiring team. Affion typically suggests that the hiring team utilize panel interviews and also perhaps a candidate presentation. The candidate presentation would be an oral presentation accompanied by a visual presentation. We typically ask all candidates to prepare a twenty-minute presentation in a power-point format. This presentation can be on a topic agreed upon by Affion and the client. The purpose of this presentation is to allow the selection committee to see how the candidates communicate their thought process and the candidate’s ability to effectively express those thoughts to their audience. The formal interview would involve the same set questions asked to each candidate by the same panel member. This allows the selection committee to evaluate each candidate on a fair and equal field. These questions are agreed upon in advance with Affion and the selection committee. Affion will be involved throughout the entire interview process to facilitate the interviews. Hiring Once it is time for a hiring decision, Affion will provide assistance on final employment matters, such as the negotiation process with successful candidates and notification to unsuccessful candidates. Any candidate that is presented for consideration will have been pre-qualified on the salary range, benefits and relocation package. Once the finalist has been selected it is our standard practice that the client sends a formal offer letter to Affion on behalf of the successful candidate. Affion will facilitate the signature and closing of the process. 273 11 Statement of Diversity Diversity is one of our core values, as well as part of our heritage. It acknowledges and celebrates the richness and value created by the differences among our employees, our customers, our service offerings, and our businesses. It is about people, backgrounds, lifestyles, ideas and balance between our work and personal lives. It is about maximizing the contributions from all members of our team so that we deliver greater value to our customers. It is about valuing differences. It is not a code word for affirmative action. It is much larger than that. It is about valuing differences. It is about inclusion. It relies on standards of performance and behavior, which lead to mutual respect. Diversity is about effectively using our collective talent to create a competitive advantage that leads to success – both for our internal support staff and contract workforce. Affion is truly committed to effectively recruiting and maintaining a diverse workforce. Affion maintains an Affirmative Action Program and policy to afford equal employment opportunity to all without regards to race, color, religion, sex, national origin, sexual orientation, handicap or disability or status as a disabled veteran or a veteran of the Vietnam War era. We take affirmative action to ensure applicants for employment and employees are treated without regard to these characteristics. The sole basis for decisions regarding employment status has been, and will continue to be, an individual’s qualifications, and based only on valid, non-biased job requirements in positions being filled. To carry out our policy, the commitment includes, but is not limited to recruitment, hiring, promotions, transfers, compensation, benefits, layoffs, terminations, educational tuition assistance and company sponsored training and recreational programs. Affion employs responsible reporting and monitoring procedures to ensure that all personnel actions are in strict compliance with the Equal Opportunity Policy and our Affirmative Action program. We are further committed to be an Equal Opportunity Employer by various federal, state and city laws on fair employment practices. All of Affion’s advertising reflects these same important standards. We are proud of our success in ensuring a diverse candidate pool and thrilled to have placed multiple women and minority candidates in executive level municipal positions, nationwide. 274 12 Individuals Assigned to Search: Scott Reilly CEO, Affion Public reilly@affionpublic.com 717-576-9847 Scott will be the lead on this search and responsible for quality assurance during the length of your project. During the engagement, he will be responsible for ensuring the success of the process. Scott, previously the Vice President of Arcus Public, has more than 20 years’ experience in Sales, Executive Recruiting and Technology. His depth of knowledge and experience placing top executives and technology professionals enables him to lead the talented group of professionals at Affion Public. Throughout his tenure in the public sector, he has been responsible for leading the engagement process and successfully placing more than 100 professionals in key roles. He’s worked in the trenches performing the searches, as well as in leadership roles guiding his team and building relationships with clients while at the helm. He truly understands and appreciates the intricacies of the market, and as CEO for Affion Public, he is responsible for the strategic direction and approach of each of the firm’s key service areas. Scott has been a speaker/presenter on various topics nationally working with leading government officials; to help identify opportunities for technology research and share best practices as well as executive search forums. He was named a founding Honorary Alumni to the Harrisburg University of Science and Technology first graduating class. He currently serves as the vice-chairman of the Derry Township Municipal Authority and has been an active member on the Hershey Country Club Board of Governors. Scott was also recognized by the Central Penn Business Journal as one of the region’s Top 40 Under 40. He holds a Bachelor of Science degree in Marketing from Rider University. Scott has been directly involved with all executive level searches through Arcus Public and Affion Public since 2003. Gina Sprowls Recruiting Manager sprowls@affionpublic.com 717-763-1987 Gina will manage the recruitment efforts of your executive search. During the engagement, she will provide the direction and coordination for the recruitment to ensure the profile of the ideal candidate is adhered to, so the best candidate is hired for the job. Gina will be responsible for identifying, profiling, and screening the candidates. Her role will include qualifying potential candidates and conducting interviews of candidates. Additionally, she will assist in coordinating interviews, soliciting feedback, and conducting professional reference checks. She may be involved in the presentation of the final candidates to the stakeholders for consideration. Gina brings over ten years of diverse experience in recruitment, sales and management. She offers a strong background in Human Resources with an emphasis on executive level recruitment and training. Her recruitment career has crossed over several industries including Public Sector, Technology, Finance, Healthcare, Sales and Education. She has worked on multiple executive level searches for clients across the nation and is known for building and maintaining excellent relationships with our clients and candidates. She holds a Bachelor of Science degree in Business Administration from Capella University and an Associate of Arts degree in Human Resources. Gina has been directly involved with all executive level searches through Arcus Public and Affion Public since January 2008. 275 13 Proposed Project Timeline: Timeframe Activity Upon Selection • Affion to negotiate and finalize contract Day 1 • Facilitate a meeting to discuss timelines, recruitment process and plan for completing the Position and Candidate Profiles • Affion to meet with identified stakeholders to begin the due diligence process • Conduct Public Forums if needed • Simultaneous industry research taking place Day 10 • Affion presents draft of Profile Day 15 • Finalize Profile Day 16 • Search Firm conducts recruitment to include: o Journals, personal contacts, Websites, etc. o Place advertisements o Review resumes Conducted on a weekly basis • Progress Report—check for quality and diversity of applicants. Determine need to target any specific group or area. • Review and qualify all potential candidates Day 46 • Affion concludes the recruitment campaign Day 65 • Review and finalize candidate selection to be presented • Background checks completed • Internet and media searches conducted on finalists Day 75 • Binder Presentation of 6-8 candidates to the Selection Panel • Affion will facilitate a review of the final candidates Day 85 • References for finalists are contacted • Conduct first round of candidate interviews with the Search Committee and key stakeholders • Finalize decision on the candidate of choice and negotiate employment agreement with the candidate Day 90 • Successful Candidate accepts offer of employment 276 14 Cost Full Executive Search: Affion executive searches are full-service searches conducted by senior executives within our firm. The fee we have outlined herein is all inclusive of all phases of the search including stakeholder meetings, profile development, job postings, sourcing, recruitment, interviewing, reference checking, background checks, media checks, and candidate offer negotiation. Based on our executive search services for the Director of Public Works – Utilities, Director of Public Works – Transportation/Development, and the City Engineer searches, our fee structure is listed below: • $28,000 (all inclusive): Total Fee for 1 search • $26,500 (all inclusive): Total Fee per search for 2 searches • $25,000 (all inclusive): Total Fee per search for 3 searches Additional expenses, which are not included in the overall fee but are expected to be reimbursed by the City of Bozeman include all candidate travel expenses for the purpose of interviews with the City of Bozeman. This will vary depending on the location of the finalist selected. While invoice procedures can be adjusted, our typical billing practice is to spread the fee payment over three equal installments. (One-third to be billed when the contract is signed, one-third to be billed upon presentation of the Final Candidates, and the last one-third to be billed upon the hiring of the desired Candidate.) Adjustments to our payment and billing processes are negotiable in order to best accommodate our clients’ needs. Guarantee: As with all of our executive searches, we are prepared to offer our standard professional service guarantee. If the hired candidate is asked to leave for reasons of non-performance or leaves of his/her own volition in the first 24 months of employment, we will re-launch a search for a new candidate, under the original position specifications. In such a case, we will do so for no additional professional fee, though charging expenses that may incur to include all Affion travel, hotel, and re-posting of job advertisements. It is our commitment to partner with you from the initial signing of the contract until the candidate accepts and offer and begins employment. 277 15 Reference List City of Austin, TX J. Rodney Gonzalez Assistant City Manager 301 W. Second St. Austin, TX 78701 512-974-2200 Rodney.Gonzales@austintexas.gov Sonya Alexander-Harry Senior Business Process Consultant 301 W. Second St. Austin, TX 78701 512-974-3228 Sonya.Alexander-Harry@ci.austin.tx.us Affion has completed several searches with the City of Austin. We placed the City Manager (2008), CIO, Fire Chief, Director of Solid Waste Service, Chief Sustainability Officer, Director of Code Compliance, Chief Financial Officer; Assistant Director, Engineering Services, Assistant Director, Pipeline and Operational Maintenance, and the Water Resource Planning & Analysis positions within the Austin Water Utility, an Assistant City Manager, a Purchasing Officer, and the Deputy Director, Economic Development, a Redevelopment Division Manager, and a Chief Technology Officer search with Austin Energy. We completed their Fire Chief search, Director of Economic Development search (2018) Director of Development Services (2019), Assistant Director of Economic Development (2019), Homeless Strategy Officer (2020), Chief Information Security Officer (2020), Director, Austin Code (2020), and their Assistant Director of Planning and Housing searches. We are currently working with them on their Chief Resiliency Officer and EMS Chief searches. Rodney and Sonya have worked closely with us on several of the searches. City of Greeley, CO Paul J. Fetherston Assistant City Manager for Finance and Administration City Manager’s Office 1000 10th Street Greeley, CO 80631 970-350-9730 Paul.Fetherston@greeleygov.com Affion has had the pleasure of working with the City of Greeley on multiple searches that include their Human Resources Director (2020), City Clerk (2020), Finance Director (2020), Fire Chief (2021), and their Public Works Director search (2021). We are currently working with them on their City Engineer, Human Resources Deputy Director, Community Development Director, and Deputy Finance Director searches (2021 - present). We have worked closely with Paul Fetherston on most of the searches, in addition to multiple searches with him when he worked at the City of Boulder, CO and the City of Asheville, NC. City of Durango, CO Erin Hyder Human Resources Director City of Durango 949 E 2nd Ave Durango CO 81301 (970) 375-5050 erin.hyder@durangogov.org Affion had the pleasure of recently of working with the City of Durango on their Director of Public Works (2021) search. We worked closely with Erin on this search. 278 16 Client List Cities: Borough of State College, PA • Director of Public Works (2016; 2021 – present) City of Ann Arbor, MI • Parks and Recreation Services Manager (2008) • Parks and Recreation Services Deputy Manager (2008) • City Administrator (2011) • Fire Chief (2014) • Police Chief (2015) • City Administrator (2016) City of Arlington, TX • City Auditor (2014) • Director of Community Development and Planning (2015) City of Asheville, NC • Urban Planning and Design Director (2014) • Police Chief (2015) City of Austin, TX • City Manager (2008) • Fire Chief (2008) • Chief Information Officer (2008) • Director of Solid Waste Services (2009) • Chief Sustainability Officer (2010) • Director of Code Compliance (2011) • Chief Financial Officer (2012) • Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) • Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) • Assistant City Manager (2013) • Purchasing Officer (2014) • Deputy Director, Economic Development (2015) • Redevelopment Division Manager (2015) • Assistant Director of Water Res Planning & Analysis (2015) • Austin Energy – CTO (2016) • Austin Energy – Chief of Staff (2017) • Fire Chief (2018) • Director of Economic Development (2019) • Director of Development Services (2019) • Chief Information Security Officer (2020) • Assistant Director of Economic Development (2020) • Director of Austin Code (2020) • Homeless Strategy Officer (2020) • Assistant Director of Housing and Planning (2021) • Chief Resiliency Officer (2021 – present) • EMS Chief (2021 – present) 279 17 City of Atlanta, GA • Chief Information Officer (2003) City of Aurora, CO • City Manager (2018) City of Bellevue, WA • Director of Planning and Community Development (2010) • Chief Communications Officer (2012) • Chief Economic Development Officer (2014) • Chief Communications Officer (2016) • Director of Planning and Community Development (2016) 9T City of Boulder, CO • Director of Public Works for Utilities (2011) • Deputy Director of Community Planning and Sustainability (2011) • Comprehensive Planning Manager (2012) • Human Resources Director (2013) City of Bozeman, MT • Human Resources Director (2021) City of Broken Arrow, OK • Fire Chief (2010) • Police Chief (2011) • City Manager (2012) • Assistant City Manager (2013) • Director of Engineering/Construction (2014) • Fire Chief (2014) • City Manager (2015) City of Burbank, CA • Director of Finance (2009) • Director of Parks and Recreation (2007) City of Chandler, AZ • Chief Information Officer (2007) • Director of Economic Development (2008) • Director of Planning and Development (2008) • Municipal Utilities Director (2015) City of Cedar Park, TX • Director of Information Services (2018) • Police Chief (2021) City of College Station, TX • Assistant Director of Planning & Development (2008) • Fire Chief (2016) • Chief Information Officer (2017) • Director of Water Services (2018) • City Manager (2018) • Director of Planning and Development Services (2018) City of Columbia, MO • City Manager (2011) • CIO (2015) 280 18 City of Commerce City, CO • City Manager (2021) City of Corpus Christi, TX • City Manager (2008) City and County of Denver, CO • Manager of Community Planning and Development (2012) City of Dallas, TX • Deputy Director CIS (2005) • Public Information Officer (2005) • Assistant Director Dallas Water Utilities (2005) • Assistant Director CIS (2005) • Director and Chief Information Officer (2005) • Director of Housing (2014) • Assistant City Manager (2014) • Director of the Department of Trinity Watershed Management (2015) • Fire Chief (2016) • City Manager (2016) City of Denton, TX • Director of Environmental Services and Sustainability (2021 - present) City of Dublin, OH • CIO (2015) • Planning Director (2015) City of Durango, CO • Director of Public Works (2021) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) • Director of Museums and Cultural Arts (2014) • Managing Director of Public Works (2015) • Director of Planning and Inspections (2018) City of Eugene, OR • Executive Director of Planning and Development (2010) City of Fort Collins, CO • Chief Sustainability Officer (2014) • Light & Power Operations Manager (2015) • Chief Human Resources Officer (2016) • Cultural Services Director (2016) • Transfort & Parking Services General Manager (2018) • Director of Cultural Services (2018) • Director of Planning, Development and Transportation (2019) City of Galveston, TX • City Manager (2011) 281 19 City of Gardner, KS • Business and Economic Development Director (2015) • Utility Director (2015) City of Greeley, CO • Director of Human Resources (2020) • City Clerk (2020) • Finance Director (2020) • Fire Chief (2021) • Public Works Director (2021) • Deputy Finance Director (2021 – present) • Human Resources Deputy Director (2021 – present) • City Engineer (2021 – present) • Community Development Director (2021 – present) City of Hollywood, FL • City Manager (2011) City of Huntsville, TX • City Manager (2008) City of Irving, TX • City Manager (2006) • Assistant City Manager (2008) • Internal Auditor (2008) • Director of Human Resources (2007) • Assistant Director of Human Resources (2007) • City Attorney (2007) • Fire Chief (2006) • City Secretary (2010) • Capital Improvement Program Director (2019) City of Kirkwood, MO • Chief Administrative Officer (2014) • Police Chief (2017) City of Leander, TX City Manager (2011) City of Los Angeles, CA • CIO-Los Angeles World Airport (2007) • General Manager, ITA (2002) • Information Systems Manager (2002) • General Manager Department of Aging (2003) • Director, Bureau of Sanitation (2004) • Los Angeles Zoo: General Manager (2003) • City Engineer (2003) City of Lynwood, CA • Assistant City Manager (2007) • Director of Human Resources (2007) • Assistant Director of Public Works (2007) • Deputy Director of Development (2007) City of Marshall, TX • City Manager (2014) 282 20 City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009) • Director of Finance (2011) • Director of Water Utilities and Infrastructure (2013) • Assistant City Manager (2014) • Director of Public Works (2016) City of Mesa, AZ • Deputy City Manager (2007) • Director of Human Resources (2007) City of Missouri, City, TX • Director of Finance (2016) • Director of Development Services (2016) • Director of Economic Development (2021) City of Morgantown, WV • City Manager (2010) City of North Richland Hills, TX • City Manager (2009) • General Manager: NRH2O, Water Park (2014) City of Phoenix, AZ • Human Resources Director (2015, 2017) City of Plano, TX • City Manager (2010) • City Attorney (2013) City of Port Arthur, TX • Assistant City Manager (2016) • Public Works Director (2016) City of Round Rock, TX • City Manager (2010) • Director of Human Resources (2012) • Police Chief (2013) • Deputy CFO (2021 – present) City of San Antonio, TX • City Manager (2006) • Assistant City Manager (2006) • Director for the Office of Management and Budget (2020) • Transportation Director (2020) • Director of Government and Public Affairs (2021 – present) City of San José, CA • Deputy Director of Administration (2006) • Deputy Director of Integrated Waste Management (2006) City of San Marcos, TX • City Manager (2008) • Human Resources Director (2011) • Chief Building Official (2011) 283 21 City of Savannah, GA • City Manager (2010) City of Scottsdale, AZ • Police Technology Director (2009) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) City of Tacoma, WA • Assistant City Manager (2006) • Director of Finance (2007) • Director of Information Technology (2008) • Assistant Director of Finance (2009) City of Tamarac, FL • Fire Chief (2009) • Director of Community Development (2013) • Assistant City Manager (2017) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2017) Incorporated Village of Garden City, NY • Village Administrator (2014) The Township of Derry, Hershey, PA • Township Manager (2018) Counties: County of Los Angeles, CA • Information Systems Manager (2007) • CIO-Los Angeles World Airport (2007) City and County of Philadelphia, PA • Chief Information Officer (2000) • CIO-Philadelphia Free Library (2001) • CIO- Philadelphia Police Department (2006) Delaware County, PA • Executive Director (2020) • Health Department Director (2021 – present) Laramie County, WY • Public Works Director (2014) Milwaukee County, WI • Director of Parks, Recreation & Culture (2013) Washtenaw County, MI • Community Development Director (2007) 284 22 States: Commonwealth of Pennsylvania-Office of Administration • Chief Information Officer (2008) • Chief Technology Officer (2008) • Deputy Chief Information Officer (2008) Commonwealth of Pennsylvania-Department of Health • Deputy Secretary of Quality Assurance (2008) • Deputy Secretary of Health Promotion (2008) • Bureau Chief of Drug and Alcohol (2008) State of Texas, Austin, TX • Director of Benefits - Employee Retirement System of Texas (2006) • CTO - Employee Retirement System of Texas (2005) • Chief Information Officer of DIR (2006) Education: Harrisburg University, Harrisburg, PA • Director of Learning Assessment (2009) • E-Business Program Director / Faculty (2008) • Learning Technologies Program Director / Faculty (2008) • CIS Program Director / Faculty (2007) • Biotechnology Professor (2008) • VP for Development (2005) • Director of Development (2007) • Controller (2006) • Network Administrator (2006) Other: Central Texas Regional Mobility Authority (CTRMD) • Executive Director (2020) Clarksville-Montgomery County EDC • President/CEO (2021) E-470 Public Highway Authority, Aurora, CO • Executive Director (2015) Housing Authority of the City of El Paso, TX • Chief Operating Officer (2010) International City/County Management Association (ICMA) • Chief Information Officer (2021 - present) Minneapolis Parks and Recreation Board, MN • Assistant Superintendent of Planning (2011) • Assistant Superintendent of Recreation (2012) • Deputy Superintendent (2012) • Assistant Superintendent of Environmental Stewardship (2012) • Director of Park Safety and Security (2013) • Human Resources Manager (2013) Roanoke Redevelopment and Housing Authority • Executive Director (2006) 285 23 Round Rock Chamber of Commerce, TX • President/Chief Executive Officer (2014) San Antonio Water System (SAWS) • Chief Information Officer (2016) Williamson-Burnet County Opportunities, Inc. (WBCO) • Executive Director (2013) North Texas Municipal Water District (NTMWD) • Water System Manager (2018) 286 24 Thank you for the opportunity to submit this proposal. We look forward to assisting you with your executive search needs! 287 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Director or Public Works SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement with Sanderson Stewart to provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Fowler Avenue Connection project is a major transportation project that will connect Huffine Lane to Oak Street and Davis Lane completing a critical north-south connection in Bozeman’s transportation network and making much needed improvements to several intersections. Fowler Avenue will connect neighborhoods to schools, parks, and commercial centers for employment as well as shopping. The construction of this multi-modal corridor will relieve pressure on the adjacent local streets by providing a much needed minor arterial connection in this part of Bozeman. Sanderson Stewart was selected to complete the design work for the Griffin Drive corridor through a request for qualifications. Sanderson Stewart prepared a preliminary design scope of work to lead the community engagement effort for this project and develop concept designs for this corridor. The Scope of Work is included as Attachment A. Upon completion of predesign work, the second phase of detailed design scope and fee will be provided to City Commission in a future agenda item. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:Fees for this will be paid from the Street Impact Fee Fund Project Number SIF076, and total costs of pre-design services will be $341,700. 288 Attachments: 20210810_Fowler Ave_PSA_Design.pdf 20210810_Fowler_Scope of Work_Pre-Design.pdf Report compiled on: August 3, 2021 289 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Sanderson Stewart, 106 East Babcock, Suite L1, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 3. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 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, 290 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 291 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 292 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 4 of 11 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 293 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 294 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 6 of 11 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Taylor Lonsdale 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. 295 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Danielle Scharf or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 296 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 8 of 11 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 297 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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 298 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 10 of 11 balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 299 Professional Services Agreement for Fowler Ave Connection Main to Oak St FY 2021 – FY 2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Sanderson Stewart CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, PE Print Title: Principal/Region Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 300 Exhibit A Fowler Avenue Connection – Huffine Lane to Oak Street Pre-Design Scope of Work 8/5/21 Sanderson Stewart, along with our subconsultants, SK Geotechnical and Weston Solutions, is pleased to provide this scope of work for the Pre-Design Phase of the Fowler Avenue Connection project. Pre-design services for the project will include a preliminary traffic analysis (including demand modeling, forecasting future traffic volumes, an evaluation of a 3-lane vs. 5-lane typical section, and an evaluation of traffic signals vs. roundabouts for the Babcock Street and Durston Road intersections), topographic survey, preliminary geotechnical analysis/report, environmental review, wetland delineation, preliminary stormwater analysis, concept-level design of intersection improvements, opinions of probable construction cost, identification of public and private utility conflicts/extensions, and a preliminary right-of-way review. Project services will also include a comprehensive community engagement process and will conclude with a pre-design report and a presentation to the City Commission. A detailed scope of services for these pre-design tasks is outlined as follows. Phase 1 - Project Initiation This phase of the project will include all project initiation and planning tasks, including scoping, contract preparation, meetings with the City of Bozeman, and coordination with sub-consultants. All project management tasks, client meetings and subconsultant coordination for tasks beyond project initiation will be allocated to the remaining project phases. Phase 2 - Traffic Data Collection Traffic data collection will include AM and PM peak hour turning movement counts at the following project corridor intersections: ▪ Fowler Ave/Main St (Huffine Ln) ▪ Fowler Ave/Babcock St ▪ Fowler Ave/Durston Rd ▪ Fowler Ave/Oak St In addition to the turning movement counts, average daily traffic (ADT) counts will be collected in conjunction with the turning movement counts. All traffic data will be collected using Miovision Scout video data collection systems. Data processing will also result in breakdowns of trucks, buses, bicycles and pedestrians, as well as directional distribution. Video data will be stored throughout the duration of the project in case additional processing is needed. 301 Raw traffic count data will be adjusted for seasonal variation using the most current available Montana Department of Transportation (MDT) seasonal adjustment factors. Phase 3 – Traffic Modeling and Analysis This phase will include development of a sub-area traffic model of Northwest Bozeman that will be utilized for the evaluation of alternatives and to assess impacts on adjacent corridors. Key aspects of this phase will be to assess when a 5-lane roadway or larger intersections may be needed based on demand and how this additional link in the network will impact demand. Sanderson Stewart will utilize StreetLight Location-Based Services (LBS) Data to assess origins and destinations within the study area and approximate the traffic volumes on the corridor after construction. Combining the volume-calibrated historical LBS origin-destination data with the historic ADTs, projections of design year (10-year and 20-year) traffic volumes will be developed with adjustments for current data and historic background growth rates in the area. Three-lane and five-lane typical sections will be analyzed for the Fowler Avenue corridor, along with peak hour (AM and PM) intersection capacity calculations for the four primary corridor intersections (listed above in the Traffic Data Collection phase). An evaluation of traffic signal vs. roundabout control will be conducted for the Babcock Street and Durston Road intersections, including an analysis of MUTCD traffic signal warrants. Opinions of probable construction cost will be developed for the alternatives to aid in that comparison. Minor improvements will be considered at the existing signalized Huffine Lane intersection (including a review of a recent traffic study conducted by MDT calling for dual turn lanes) and the roundabout at Oak Street, as needed. This phase will also include a review and analysis of crash data for the most recent three-year period available, corridor traffic simulation for the AM and PM peak periods using either Synchro or Vissim, and an evaluation of bike and pedestrian accommodations along and across the corridor. Crash data will be requested from the City of Bozeman Police Department and MDT for the entire corridor. It is assumed that the City of Bozeman will provide copies of traffic impact studies prepared for area developments. The preliminary traffic analysis findings and recommendations will be summarized in report format with supportive tables and exhibits and incorporated into the pre-design report. Phase 4 - Preliminary Stormwater Analysis This task will include a cursory review of existing stormwater infrastructure, identification of low points along the corridor and locations where future detention ponds or pipe extensions may be needed. Potential LID treatments will be considered, and problem areas identified, but the sizing of stormwater infrastructure will be completed with a future phase of the project. Sanderson Stewart will coordinate with the City Stormwater Division as needed and will ensure conformance with the City’s Stormwater Facilities Plan. Phase 5 - Preliminary Lighting Analysis This task will include preliminary lighting calculations for the project corridor (including intersection lighting), a preliminary concept lighting plan, and opinions of probable construction cost for the different alternatives. Sanderson Stewart will also coordinate with Northwestern Energy to discuss locations and general feasibility for providing electrical service(s). A preliminary lighting design narrative will be developed for inclusion in the pre-design report. 302 Phase 6 – Environmental Surveys This phase of the project will consist of several baseline environmental surveys by Weston Solutions, Inc., including a Biological Resource Review, Hazardous Materials/Substances – Initial Site Assessment, Wetland Delineation and Mitigation Alternatives. If more detailed analysis is required beyond these initial reviews/ assessments, Weston Solutions will provide an additional proposal. The extent of waterways and wetlands within the right-of-way will be flagged, surveyed, and included in the base drawings. If calculated impacts to any waters of the U.S. require a Section 404 permit, the Sanderson Stewart team will prepare and submit the appropriate permit application as part of the future design phase of the project. A more detailed scope of services for this phase (provided by Weston Solutions) is included as an attachment to this scoping document. Phase 7 - Geotechnical Analysis Soils and pavement design evaluations will be conducted and recommendations for the roadway surfacing section will be prepared by SK Geotechnical. This evaluation will consist of eleven (11) borings, including six (6) within or adjacent to the existing roadway pavement and five (5) borings off the existing roadway. Laboratory testing will be conducted, and a geotechnical report will be prepared for inclusion in the overall pre- design report. A scope of services for this task provided by SK Geotechnical is included as an attachment to this scoping document. Phase 8 - Topographic Survey A detailed topographic survey of the Fowler Avenue corridor will be conducted from Huffine Lane to Oak Street using a combination of GPS, LIDAR scanning and total station techniques. The survey area will include the anticipated future right-of-way and the entire City-owned parcel located on the southeast corner of Fowler Avenue & Oak Street. Survey tasks will include compilation of all plats and certificates of survey along the corridor. A corner record search to establish right-of-way will be conducted, but a complete boundary survey is not included. Up to 40 hours of field time will be spent searching for property corners. Additional pre-survey research will be conducted as required, utility locates will be requested, and survey control will be set by Sanderson Stewart with monuments at a minimum spacing of 0.25 miles. Sanderson Stewart will prepare right- of-entry requests for all large properties on the corridor and as needed for smaller properties. Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the City of Bozeman, MDT, and private utilities. Base drawings will be prepared in Autocad format following the completion of the topographic survey, and additional pick-up topo will be conducted as needed throughout the duration of the project. Base drawings will be prepared in Bobcat Low Distortion Projection (LDP) coordinates. Public and private utilities will be located prior to the survey via one-call for inclusion in base drawings. This phase also includes traffic control needed for the completion of survey tasks. Phase 9 - Conceptual Design Design concepts at this phase of the project will consist of plan view sheets showing geometrics, lane configurations and typical sections. Two intersection design alternatives will be considered at the Babcock Street and Durston Road intersections, including traffic signals and roundabouts. Two typical section alternatives will be considered, generally consisting of three-lane and five-lane alternatives. Potential right-of- way impacts will be identified for each typical section alternative and for the intersection alternatives. Concept 303 drawings will be prepared in plan view only. Bike and pedestrian facilities will also be included in all concept design alternatives. Utilities and stormwater facilities will be addressed with a narrative in the pre-design report but will not be shown in the concept design. Coordination with known adjacent site development projects will be provided as needed to address access locations, and water and sewer services, if needed. The deliverable for this phase will include 11x17 plan drawings incorporating the base topographic survey and proposed improvements overlaid on an aerial image. This phase will include coordination with the City’s right- of-way consultant as necessary for a preliminary review of right-of-way constraints. Opinions of probable cost will be prepared for all alternatives considered in the conceptual design (two typical section alternatives and two intersection alternatives at Babcock Street and Durston Road). Phase 10 – Community Engagement Fowler Avenue is a critical multi-modal transportation corridor for our growing community. It connects neighborhoods, schools, and jobs. The Fowler Avenue corridor passes through existing neighborhoods and its development will have an impact on the surrounding community. Given these critical factors, it is vital that our community be engaged in the development of this project. We look to inform and consult with the community on the existing needs and challenges of the corridor while involving the community in evaluating alternatives for the design of the corridor. Community Engagement for the Pre-Design Phase of the Fowler Avenue project will include the following: ▪ Implement a Community Engagement Platform (Engagement HQ by Bang the Table) where project information will be available. ▪ Sanderson Stewart will develop a two-way communication campaign with project details including how to engage. ▪ Utilize social media, postcard mailers, trail/park/yard signage to drive use of engagement platform. ▪ Host up to eight (8) Stakeholder Meetings (individual or combined stakeholder groups, including the list provided in the Fowler Community Engagement Plan; assume all meetings will be virtual). ▪ Host up to three (3) Walking Audits (one for each ½ mile segment of the project; assume meetings will be in-person). ▪ Host up to two (2) town hall sessions (assume they will be virtual meetings with the same content held at two (2) different times to offer options to attendees), complement with online virtual open house on Community Engagement Platform that includes videos from the live meeting, the same meeting graphics, and opportunities for online public input. ▪ Present the project at up to two (2) City Commission meetings to provide overview of alternatives considered, public input received, and the preferred design alternative. Phase 11 – Public and Private Utility Coordination Sanderson Stewart will provide coordination with the City of Bozeman on existing public utilities and proposed extensions, as well as private utility companies throughout the development of the concept designs and pre- design report. This phase of the project will include a high-level review of potential water and sewer extensions/ and CIP projects, and it will address annexation of County parcels and the subsequent connections to water and sewer. Private utility coordination is anticipated to consist primarily of review of concept plans by utility 304 companies for identification of possible conflicts and opportunities for expansion. Tasks include correspondence and up to two meetings with utility companies. Phase 12 - Pre-Design Report The findings from Phases 1-11 will be summarized and documented through the preparation of a detailed pre- design report. This report will be a bound report including concept level design drawings, opinions of probable cost, and various recommended improvements for the corridor. A draft report will be prepared for review by the City of Bozeman, and the report will then be finalized following receipt of review comments and City Commission decision on design alternatives. The final deliverable will consist of three bound hard copies of the final report and an electronic copy in pdf format. Phase 13 – Annexation and Initial Zoning Applications for County Parcels This phase of the project will include the preparation of an annexation and initial zoning application to the City of Bozeman Planning Division for the three large County parcels on the corridor (or portions thereof) that have been or will be acquired by the City of Bozeman for the Fowler Avenue public right-of-way. The final extent of properties to be annexed will be made through coordination with the City and their right-of-way agent during the right-of-way acquisition process. This scope of work assumes up to three annexation and initial zoning applications. The work includes the preparation of required materials, outlined in the Annexation Application Checklist and the Zone Map Amendment Checklist, attendance at a Bozeman Planning Board, Zoning Commission and City Commission public hearings. Specific items to be included in this scope include: ▪ Application checklists ▪ Project narrative ▪ Responses to review criteria ▪ Application exhibits ▪ Printed mylars upon approval of annexation and zone map amendment ▪ Attendance at one City Planning Board Meeting ▪ Attendance at one City Zoning Commission Meeting ▪ Attendance at one City Commission meeting (assume one meeting for all applications) ▪ Legal description for resolutions of annexation and amendment Fees and Billing Arrangements: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $341,700.00, based on the attached labor summary. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. Schedule: The anticipated schedule for this project consists of a pre-design report deliverable within eight (8) months of notice to proceed. A more detailed schedule will be provided upon notice to proceed. 305 Fowler Avenue-- Main to Oak Pre-Design 8/5/2021 LaborCategory Total PlanHours Total PlanBill Amt Phase: Project Initiation Task: City Consultation & Meetings Principal 4.00 820.00 Senior Engineer I 4.00 580.00 Task: Project Scoping Senior Engineer I 10.00 1,450.00 Senior Engineer I 2.00 290.00 Senior Engineer II 20.00 3,700.00 Senior Engineer II 2.00 370.00 Task: Project Planning Senior Engineer I 2.00 290.00 Senior Engineer II 4.00 740.00 Subtotal 48.00 8,240.00 Expenses 0.00 Total for Project Initiation 48.00 8,240.00 Phase: Traffic Data Collection Task: Project Mgmt & Consultation Senior Engineer I 14.00 2,030.00 Senior Engineer I 2.00 290.00 Task: Traffic Data Collection Senior Engineer I 2.00 290.00 Staff Engineer I 16.00 1,600.00 Task: Compile/Process Count Data Staff Engineer I 16.00 1,600.00 Task: Count Data Summary Figures Senior Engineer I 4.00 580.00 Staff Engineer II 16.00 1,760.00 Subtotal 70.00 8,150.00 Expenses 2,300.00 Total for Traffic Data Collection 70.00 10,450.00 Phase: Traffic Modeling and Analysis Task: Project Mgmt & Consultation Senior Engineer I 10.00 1,450.00 Senior Engineer I 4.00 580.00 Task: City Consultation & Meetings Senior Engineer I 10.00 1,450.00 Senior Engineer I 4.00 580.00 Task: LBS O-D Data Analysis & Future Volumes Senior Engineer I 20.00 2,900.00 Staff Engineer I 80.00 8,000.00 Task: Crash Data Analysis Senior Engineer I 16.00 2,320.00 Task: Evaluate Signals vs Roundabouts Staff Engineer II 16.00 1,760.00 Page 1 of 6 306 Task: Traffic Signal Warrant Analysis Senior Engineer I 4.00 580.00 Staff Engineer II 16.00 1,760.00 Task: Traffic Simulation Senior Engineer I 8.00 1,160.00 Staff Engineer I 60.00 6,000.00 Task: Evaluate Bike/Ped Accomodations Senior Engineer I 4.00 580.00 Staff Engineer II 8.00 880.00 Task: Traffic Exhibits Staff Engineer I 8.00 800.00 Task: Traffic Report Senior Engineer I 8.00 1,160.00 Staff Engineer II 24.00 2,640.00 Task: Quality Control Review Principal 4.00 820.00 Senior Engineer I 8.00 1,160.00 Subtotal 312.00 36,580.00 Expenses 9,600.00 Total for Traffic Modeling and Analysis 312.00 46,180.00 Phase: Preliminary Stormwater Analysis Task: Project Mgmt & Coordination Principal 2.00 410.00 Project Engineer II 6.00 750.00 Senior Engineer I 6.00 870.00 Task: Stormwater Review and Write-Up Project Engineer II 16.00 2,000.00 Staff Engineer I 24.00 2,400.00 Subtotal 54.00 6,430.00 Expenses Total for Preliminary Stormwater Analysis 54.00 6,430.00 Phase: Preliminary Lighting Analysis Task: Project Mgmt & Coordination Principal 2.00 410.00 Senior Engineer I 4.00 580.00 Task: Lighting Review and Write-up Senior Engineer I 8.00 1,160.00 Staff Engineer I 28.00 2,800.00 Subtotal 42.00 4,950.00 Expenses Total for Preliminary Lighting and Analysis 42.00 4,950.00 Phase: Environmental Review Task: Project Mgmt & Consultation Project Engineer II 4.00 500.00 Senior Engineer I 8.00 1,160.00 Subtotal 12.00 1,660.00 Subconsultant (Weston Solutions)15,465.00 Total for Environmental Review 12.00 17,125.00 Page 2 of 6 307 Phase: Geotechnical Analysis Task: Project Mgmt & Consultation Project Engineer II 4.00 500.00 Senior Engineer I 8.00 1,160.00 Subtotal 12.00 1,660.00 Subconsultant (SK Geotechnical)29,750.00 Total for Geotechnical Analysis 12.00 31,410.00 Phase: Topographic Survey Task: Project Mgmt & Consultation Senior Engineer II 8.00 1,480.00 Senior Professional Land Surveyor 8.00 1,160.00 Task: Survey Control - Set Monuments Staff Surveyor II 10.00 1,050.00 Task: Project control - Levels, Notes, Adjust Staff Surveyor II 16.00 1,680.00 Staff Surveyor II 16.00 1,680.00 Task: Cadastral - Plats, COSs, RW maps, LDR's Designer I 24.00 3,480.00 Senior Professional Land Surveyor 24.00 3,480.00 Task: Cadastral - RW, Property Search & Tie Staff Surveyor II 16.00 1,680.00 Task: Cadastral - Base Map Drafting Designer I 24.00 2,280.00 Senior Professional Land Surveyor 24.00 3,480.00 Task: Topographic Survey Staff Surveyor II 80.00 8,400.00 Task: Scanning and Scan Registry Staff Surveyor II 8.00 840.00 Staff Surveyor II 8.00 840.00 Task: Scan Data Cleanup and 3D Linework Designer I 64.00 6,080.00 Task: Draft Topo & Base Plan Designer I 48.00 4,560.00 Task: ROW Exhibit Right-of-Way Agent 8.00 1,160.00 Senior Professional Land Surveyor 8.00 1,160.00 Task: QC Review Principal 4.00 820.00 Senior Professional Land Surveyor 8.00 1,160.00 Task: Right-of-Entry Letters Clerical/Admin 8.00 600.00 Senior Engineer I 2.00 290.00 Subtotal 416.00 47,360.00 Expenses 6,305.00 Total for Topographic Survey 416.00 53,665.00 Page 3 of 6 308 Phase: Conceptual Design Task: Project Mgmt & Coordination Principal 8.00 1,640.00 Project Engineer II 8.00 1,000.00 Senior Engineer I 8.00 1,160.00 Senior Engineer II 8.00 1,480.00 Task: Corridor Concept Design (3 and 5 lane) Senior Designer II 120.00 13,200.00 Senior Engineer II 40.00 7,400.00 Staff Engineer I 80.00 8,000.00 Task: Intersection Concept Design (rndbt/signal) Senior Designer II 80.00 8,800.00 Senior Engineer I 20.00 2,900.00 Senior Engineer II 20.00 3,700.00 Senior Engineer II 20.00 3,700.00 Staff Engineer I 80.00 8,000.00 Task: Typical Sections Senior Designer II 8.00 880.00 Senior Engineer II 4.00 740.00 Staff Engineer I 8.00 800.00 Task: QC Review Principal 4.00 820.00 Senior Engineer II 4.00 740.00 Subtotal 520.00 64,960.00 Expenses Total for Conceptual Design 520.00 64,960.00 Phase: Community Engagement Task: Project Mgmt & Coordination Marketing Director 8.00 1,080.00 Principal 10.00 2,050.00 Senior Land Planner 20.00 2,900.00 Task: Prepare and Update Engagement HQ Site Marketing Director 12.00 1,620.00 Principal 6.00 1,230.00 Senior Land Planner 48.00 6,960.00 Task: Mailers/Yard Signage/Social Media Clerical/Admin 24.00 1,800.00 Marketing Director 24.00 3,240.00 Principal 4.00 820.00 Senior Land Planner 8.00 1,160.00 Task: Stakeholder Meetings (8 Meetings) Marketing Director 16.00 2,160.00 Principal 24.00 4,920.00 Senior Land Planner 24.00 3,480.00 Task: Walking Audits (3 Meetings) Principal 9.00 1,845.00 Senior Land Planner 9.00 1,305.00 Task: Town Hall Meetings (2 Meetings) Graphic Artist 24.00 2,280.00 Page 4 of 6 309 Marketing Director 24.00 3,240.00 Principal 24.00 4,920.00 Senior Land Planner 24.00 3,480.00 Task: City Commission Meetings (2 Meetings) Principal 4.00 820.00 Senior Land Planner 10.00 1,450.00 Subtotal 356.00 52,760.00 Expenses Total for Community Engagement 356.00 52,760.00 Phase: Public and Private Utility Coordination Task: Public Utility Coordination Senior Engineer I 2.00 290.00 Senior Engineer II 4.00 740.00 Senior Engineer II 8.00 1,480.00 Senior Engineer II 8.00 1,480.00 Task: Utility Write-Up for Report Project Engineer II 8.00 1,000.00 Senior Engineer II 4.00 740.00 Subtotal 34.00 5,730.00 Expenses Total for Public and Private Utility Coordination 34.00 5,730.00 Phase: Pre-Design Report Task: Project Mgmt & Coordination Principal 4.00 820.00 Senior Engineer I 12.00 1,740.00 Task: City Meetings Principal 4.00 820.00 Senior Engineer I 8.00 1,160.00 Task: Report Writing Project Engineer II 20.00 2,500.00 Senior Engineer I 20.00 2,900.00 Staff Engineer I 40.00 4,000.00 Task: Opinions of Probable Cost Project Engineer II 8.00 1,000.00 Senior Engineer I 8.00 1,160.00 Senior Engineer II 8.00 1,480.00 Staff Engineer I 24.00 2,400.00 Task: QC Review Principal 4.00 820.00 Senior Engineer II 8.00 1,480.00 Subtotal 168.00 22,280.00 Expenses Total for Pre-Design Report 168.00 22,280.00 Phase: Annexation and Zone Map Amendments Task: Project Mgmt & Coordination Senior Land Planner 10.00 1,450.00 Task: Prepare Applications Land Planner 30.00 3,900.00 Senior Land Planner 8.00 1,160.00 Page 5 of 6 310 Senior Land Planner 10.00 1,450.00 Task: Application Exhibits Land Planner 20.00 2,600.00 Senior Land Planner 8.00 1,160.00 Senior Professional Land Surveyor 20.00 2,900.00 Task: Planning/Zoning/Commission Meetings Senior Land Planner 20.00 2,900.00 Subtotal 126.00 17,520.00 Expenses Total for Annexation and Zone Map Amendments 126.00 17,520.00 Total for Fowler Ave-- Pre-Design 2,170.00 341,700.00 Page 6 of 6 311 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Amendment 6 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Water Renovations Projects MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and authorize the City Manager to sign Amendment No. 6 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to facilitate upcoming water renovations projects STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the partially executed amendment with Morrison- Maierle, which includes the City’s updated non-discrimination and equal pay provisions. This amendment will add a survey of W. Peach Street, W. Villard Street, N. 5th Avenue, N. 4th Avenue, and N. 3rd Avenue as described in the attached scope of services. These surveys will be used for design of upcoming water renovations projects. The amendment will add work to our existing survey contract. Engineering staff have reviewed the amendment and found it to be commensurate with the work involved. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the commission FISCAL EFFECTS:If approved, this amendment will increase the fee by $27,304.25 from $191,524.25 to $218,828.50 Attachments: PSA Amendment No 6_.pdf Report compiled on: August 4, 2021 312 Sixth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 1 of 3 SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Capital Improvements Project Field Survey dated June 18, 2018 (the “Agreement”) is made and entered into this _____ day of ____________, 2021, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison-Maierle, Inc., hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. Task 1600 – S. 3rd Avenue, S. 4th Avenue, S. 5th Avenue, W. Villard Street, W. Peach Street have been added to the scope of services. These tasks shall be completed using traditional survey methods and delivered to the City of Bozeman. See Figure K. 2. Addition to Payment. See Exhibit 1600, and Summary – Fee Estimates attached. 3. Section 14 of the original Professional Services Agreement is hereby replaced in its entirety with the following: 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 313 Sixth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 2 of 3 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. 4. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 314 Sixth Amendment to Professional Services Agreement for Capital Improvements Field Survey Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 315 © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2021 N:\0417\082\ACAD\Exhibits\Scope-Capitol Improvement Projects Field Survey-2018.dwg Plotted by kevin d. jacobsen on Jul/27/2021 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net CITY SURVEY K CITY OF BOZEMAN CAPITOL IMPROVEMENT PROJECTS FIELD SURVEY N. 3RD AVENUE, N. 4TH AVENUE, N. 5TH AVENUE. WEST PEACH STREET, WEST VILLARD STREET BOZEMAN MONTANA KJ 07/2021 TOTAL = 6.5 ACRES W. PEACH ST. W. VILLARD ST.N. 5TH AVE.N. 6TH AVE.N. 4TH AVE.N. 3RD AVE.W. VILLARD ST. W. BEALL ST. W. LAMME ST. 316 Exhibit 1600 - Fee Estimate City of Bozeman, MT - Capital Improvement Projects Field Survey 2018 Prepared For: Kellen Gamradt, P.E. Survey / Engineering Services Aug-2021 Staff Labor Labor Total Task Assigned Hours Rate Labor Cost 1600 - S 3rd, S 4th, S 5th, W Villard, W Peach (Trad. Survey) 1601. Office Research and Computations Land Surveyor II 4.00 $124.00 $496.00 1602. Horizontal and Vertical Field Control Two Person Survey Crew 8.00 $223.00 $1,784.00 Land Surveyor II 12.00 $124.00 $1,488.00 Two Person Survey Crew 56.00 $223.00 $12,488.00 1604. Office Survey Data Processing Land Surveyor II 30.00 $124.00 $3,720.00 1605. Field Survey Verifications Land Surveyor II 10.00 $124.00 $1,240.00 1606. Deliverables Land Surveyor II 8.00 $124.00 $992.00 Land Surveyor II 5.00 $124.00 $620.00 Senior Engineer I 6.00 $160.00 $960.00 Senior Engineer I 6.00 $160.00 $960.00 Senior Survey Manager 2.00 $175.00 $350.00 147.00 $25,098.00 Direct Expenses Charge Rate Total Expense Vehicle (mi)$0.75 $131.25 GPS/Total Station (days)$240.00 $1,920.00 Survey Materials (days)$15.00 $120.00 Deliverable Package $35.00 $35.00 $2,206.25 $27,304.25 175.00 8.0 8.0 1 Subtotal - Direct Expenses Task Total - S 3rd, S 4th, S 5th, W Villard, W Peach 1603. Topographic Field Survey 1607. Coordination - City, Utilities 1608. Quality Assurance/Quality Control Subtotal - Labor Costs Quantity or Duration N:\0417\082\01 Project Management\Contracts\Amendment #6\Exhibits - Engineering Fee Estimate Amend #6.xls 8/2/2021 317 Exhibit Summary - Fee Estimate City of Bozeman, MT - Capital Improvement Projects Field Survey (2018) Prepared For: Kellen Gamradt, P.E. Summary - Survey / Engineering Services Aug-2021 Total Total Task Acres Cost 100 - West Koch Street (Scanned Survey)5.7 $20,836.25 200 - North Tracy Avenue (Scanned Survey)1.8 $8,500.00 300 - North 17th Avenue (Scanned Survey)2.8 $11,549.50 400 - North Bozeman Avenue (Trad. Survey)2.9 $11,408.75 500 - Augusta Drive (Trad. Survey)2.5 $10,100.75 600 - South 5th Avenue (Trad. Survey)7.4 $31,202.00 700 - West Harrison Street (Trad. Survey)3.7 $14,989.00 800 - North Bozeman Avenue (Trad. Survey)2.3 $9,849.75 900 - Parks Department on-call services N/A $1,500.00 1000 - Oconnell Drive (Trad. Survey)N/A $3,955.50 1100 - West Harrison Street Add (Trad. Survey)1.3 $6,377.00 1200 - South 6th Avenue (Trad. Survey)5.9 $24,743.00 1300 - N 7th, N 8th, Juniper, Birch, Hemlock (Trad. Survey)4.8 $29,930.75 1400 - N 19th Pathway (Trad. Survey)1.3 $4,782.00 1500 - N 19th Wetland (Technical Memo.)N/A $1,800.00 1600 - N 3rd, 4th, 5th, W Villard, W Peach (Trad. Survey)6.5 $27,304.25 $218,828.50Total Project Cost N:\0417\082\01 Project Management\Contracts\Amendment #6\Exhibits - Engineering Fee Estimate Amend #6.xls 8/2/2021 318 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Ordinance 2082, Final Adoption to Rezone 41.52 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21005 MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2082 to rezone 41.52 acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant submitted application 21005 to rezone two existing lots in the Four Points subdivision from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High Density). The subject property was annexed into the City in 2001 with Baxter Meadows Annexation and zoned R-4. The Four Points subdivision was approved in 2015 to create four (4) high density residential lots and a park, see application P14041. City staff and the Zoning Commission recommended approval of the application. On April 12, 2021. On May 4, 2021 the City Commission held a public hearing and voted unanimously to apply R-5 zoning designation to the subject property, subject to contingencies. All contingencies have been met by the applicant, including a map, and legal description. UNRESOLVED ISSUES:None ALTERNATIVES:Adoption of Ordinance 2082 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. 319 Attachments: Ordinance 2082 Four Points ZMA No 21005.docx FourPoints2021ZMA_070221.pdf Report compiled on: July 14, 2021 320 Page 1 of 5 ORDINANCE NO. 2082 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 41.52 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICTTO R-5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT, KNOWN AS THE FOUR POINTS ZONEMAP AMENDMENT, APPLICATION 21005. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone 41.52 acres from R-4 (Residential High Density District) to R-5 321 Ordinance 2082, Four Points Zone Map Amendment Page 2 of 5 (Residential Mixed-Use High Density District) has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on April 12, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21005 the Four Points Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on May 4, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-5, Residential Mixed-Use High Density District: An area of land comprised described as follows: All those certain tracts of land being Lots 4 and 5 of Four Points Minor Subdivision 475 and the adjoining City Street rights-of-way located in the Southeast One- Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: 322 Ordinance 2082, Four Points Zone Map Amendment Page 3 of 5 Beginning at the Northeast corner of the herein described area at the quarter corner common to Sections 34 and 35, Township 1 South, Range 5 East, P.M.M., thence along the West line of the southwest one-quarter of said Section 35 South 00°14'42" West, a distance of 897.16 feet to the centerline of Kimberwicke Street; thence along said centerline the two (2) following courses; 1) South 89°41'30" West, a distance of 765.77 feet; 2) South 89°42'15" West, a distance of 671.96 feet to the west right-of-way line of Vaquero Parkway; thence along said right-of-way along a curve turning to the left with an arc length of 46.17', with a radius of 270.00', with a chord bearing of North 12°55'15" West, with a chord length of 46.11', with a delta angle of 09°47'52" to a point on the South line of Lot 4 of Minor Subdivision 475 thence along the south and west lines of said Lot 4, respectively, the six (6) following courses; 1.) South 89°41'02" West, a distance of 213.12 feet; 2) South 48°21'31" West, a distance of 90.16 feet; 3) North 21°06'50" East, a distance of 50.25 feet; 4) North 02°06'15" West, a distance of 185.02 feet; 5) North 49°31'26" West, a distance of 90.84 feet; 6) North 16°37'51" East, a distance of 107.93 feet to a point on the south right-of-way line of Blondie Street; thence North 00°00'00" West, a distance of 30.00 feet to the centerline of Blondie Street; thence along said centerline the five (5) following courses; 1) North 90°00'00" West, a distance of 161.92 feet; 2) along a curve turning to the right with an arc length of 63.58', with a radius of 150.00', with a chord bearing of North 77°51'25" West, with a chord length of 63.11', with a delta angle of 24°17'11"; 3) North 65°42'49" West, a distance of 81.62 feet; 4) along a curve turning to the left with an arc length of 62.95', with a radius of 148.50', with a chord bearing of North 77°51'25" West, with a chord length of 62.48', with a delta angle of 24°17'11"; 5) North 90°00'00" West, a distance of 174.81 feet to the centerline of Milkhouse Avenue; thence along said centerline North 00°00'00" East, a distance of 431.20 feet to the centerline of Cattail Street; thence along said centerline North 89°51'42" East, a distance of 2293.16 feet to the POINT OF BEGINNING consisting 1,804,222 sf (41,42 acres). Containing in area 41.52 acres, including rights-of-way. Subject to existing easements. All as depicted on the FOUR POINTS Zone Map. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances 323 Ordinance 2082, Four Points Zone Map Amendment Page 4 of 5 of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____ day of ____________, 2021. 324 Ordinance 2082, Four Points Zone Map Amendment Page 5 of 5 _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day of____________________, 2021. The effective date of this ordinance is _______________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 325 326 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Taylor Lonsdale, City Engineer Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT:City of Bozeman Parks, Recreation and Active Transportation Comprehensive Plan Kickoff Presentation MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:None. 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:Agency Landscape and Planning, LLC has been selected as the lead consultant for the Parks, Recreation, and Active Transportation Comprehensive Plan Process. The team will work closely with City staff and community partners over the course of the next year to engage the public in the creation of the new documents. The purpose of this plan is to create an overarching document that assesses and makes recommendations to provide for sufficient parkland, trails, and recreation/ aquatics programs and facilities for Bozeman citizens. It will also guide the expansion of these essential services as the community grows and changes. The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable City of Bozeman plans and guiding documents or professional, industry metrics. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site plan review, and recreational programming, cost 327 -recovery and marketing. The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities include background research and analysis of relevant state and local laws, policies and plans; participation in the creation and implementation of a public outreach and engagement plan adaptable to changing travel and assembly guidelines due to the coronavirus disease; needs assessment and community goal, objective, and priority development; assessment of the level of service of existing parks, recreation and active transportation systems and services; implementation/policy recommendations for improving both the City’s recreational program offerings and the land-use/urban design components of the park system, including natural areas and the active transportation network. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:The Planning Process is funded $114K from Parks and Recreation Department and $50K from Public Works. Report compiled on: August 5, 2021 328 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Direct of Community Development SUBJECT:Approve Bozeman Gateway Phase 5 Major Subdivision Preliminary Plat, Application 20094 (Quasi-judicial) MEETING DATE:August 17, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20094 and move to approve the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The property owner and applicant submitted a preliminary plat application to create five lots that includes two developable lots and three open space lots. Phase 5 is part of the Bozeman Gateway Planned Unit Development (PUD) Subdivision which consists of a 72-acre mixed use development. This is the final phase of the Bozeman Gateway development. It is located directly south and west of the Huffine Lane/West College Street intersection, west of Fowler Avenue and north of West Garfield Street. Phase 1, 2, and 3 are currently being development in accordance with the PUD. Phase 4 received preliminary plat approval on July 20, 2021. Phase 5 is unplatted and currently sits vacant. Technology Boulevard West will continue to the west through this phase. The development for Phase 5 will include commercial uses and a 2.85 acre open space corridor that runs north-south. A tributary to the Baxter Border Stream flows south to north along the west side of Fowler Avenue. There are some wetlands on the east side of the site along Fowler. A relaxation to encroach to the watercourse setback was approved with the original PUD back in 2006. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on July 12, 2021. Pursuant to 329 BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by October 4, 2021, unless there is a written extension from the developer, not to exceed one year. The Planning Board reviewed this application on Monday, August 2, 2021. One public comment was made asking general details of how to find out information on the project. After deliberation, the Planning Board recommended approval 7-0. The City Commission will review this application and make a final determination on Tuesday, August 17, 2021. No written public comment has been received. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:NA Attachments: 20094 CC Staff Report.pdf WatercourseExhibit_06-02-2021.pdf Preliminary Plat.pdf Report compiled on: August 3, 2021 330 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 1 of 23 20094 Staff Report for the Bozeman Gateway Phase 5 Major Subdivision Public Hearing Date: Planning Board August 2, 2021 at 6:00 via WebEx. A WebEx link will be provided with the Planning Board agenda. City Commission, August 17, 2021 at 6:00 pm via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: Preliminary plat to create a 5 lot major subdivision that includes 2 developable lots and 3 open space lots on 6.9 acres within the Bozeman Gateway PUD. The property is zoned B-2. Project Location: Remainder tracts of Tract 2A of the Amended Plat of West College, Minor Subdivision Number 195.A, Bozeman, Gallatin County, Montana Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions. Planning Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20094 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Commission Recommend Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20094 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: July 29, 2021 Staff Contact: Sarah Rosenberg, Associate Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues. Project Summary This report is based on the application materials submitted and any public comment received to date. 331 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 2 of 23 The property owner and applicant submitted a preliminary plat application to create five lots that includes two developable lots and three open space lots. Phase 5 is part of the Bozeman Gateway Planned Unit Development (PUD) Subdivision which consists of a 72-acre mixed use development. This is the final phase of the Bozeman Gateway development. It is located directly south and west of the Huffine Lane/West College Street intersection, west of Fowler Avenue and north of West Garfield Street. Phase 1, 2, and 3 are currently being development in accordance with the PUD. Phase 4 received preliminary plat approval on July 20, 2021. Phase 5 is unplatted and currently sits vacant. Technology Boulevard West will continue to the west through this phase. The development for Phase 5 will include commercial uses and a 2.85 acre open space corridor that runs north-south. A tributary to the Baxter Border Stream flows south to north along the west side of Fowler Avenue. There are some wetlands on the east side of the site along Fowler. A relaxation to encroach to the watercourse setback was approved with the original PUD back in 2006. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. The Development Review Committee (DRC) deemed the application adequate for continued review on July 12, 2021. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by October 4, 2021, unless there is a written extension from the developer, not to exceed one year. The Planning Board reviewed this application on Monday, August 2, 2021. One public comment was made asking general details of how to find out information on the project. After deliberation, the Planning Board recommended approval 7-0. The City Commission will review this application and make a final determination on Tuesday, August 17, 2021. No written public comment has been received. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval. 332 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 3 of 23 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 15 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15 Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 15 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17 Preliminary Plat Supplements ........................................................................................... 19 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 22 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 22 APPENDIX C – PROJECT BACKGROUND ............................................................................. 22 APPENDIX D - OWNER INFORMATION ................................................................................ 23 ATTACHMENTS ......................................................................................................................... 23 333 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 4 of 23 SECTION 1 - MAP SERIES Figure 1. Zoning classification 334 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 5 of 23 Figure 2. Preliminary Plat Figure 2. Preliminary Plat 335 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 6 of 23 Figure 3. Watercourse setback highlighted in red 336 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 7 of 23 Figure 4. Master Site Plan Phase 5 337 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 8 of 23 SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are reasonably related and roughly proportionate to the development. 1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the City or other entity in association with filing of the final plat. 4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common 338 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 9 of 23 open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Bozeman Gateway subdivision. The City may release the Bozeman Gateway Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 6. Codes, Covenants & Restrictions must be updated and submitted with initial final plat to be recorded after approval. 7. The final plat must contain the following notation on the conditions of approval sheet of the final plat: “The responsibility for the maintenance of the stormwater facilities and associated landscaping in the open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include the functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and any vegetative ground cover and landscaping on the open space lots. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and open space lots and stormwater facilities. The perimeter streets of this subdivision include Garfield Street, Fowler Avenue, Huffine Lane, and Technology Boulevard. 8. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owner’s association of all any open space proposed to be conveyed to the property owner’s association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owner’s association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owner’s association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 339 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 10 of 23 9. A notice prepared by the City shall be filed concurrently with the final plat so that it will appear on title reports. It shall read substantially as follows: Lots within the Bozeman Gateway Subdivision Phase 5 are subject to specific design standards and unique building setbacks from property lines. These standards may be found in Bozeman Gateway Development Manual. Lot owners are advised that these are specific to the Bozeman Gateway Subdivision and are in place of the general development standards of the City of Bozeman Zoning. If a development standard is not specifically established in the Bozeman Gateway Subdivision approval documents the general standards of the City apply. Modification of the special standards would require an amendment to the Bozeman Gateway Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the lot owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in the covenants of the development does not bind the City of Bozeman to approve a construction plan. 10. BMC 38.220.020 & 38.610.050. The applicant must perform a wetland delineation per BMC code. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits shall be provided prior to Final Plat Approval for impacts related to Open Space infrastructure. 11. BMC 38.220.040. As presented, forty-five (45) feet of West Garfield Street ROW is to be dedicated along the southern frontage of the proposed subdivision (intersection of Fowler and West Garfield). The applicant must dedicate the West Garfield Street ROW in the Certificate of Dedication of prior to final plat approval. The applicant is advised that the City of Bozeman will accept responsibility for the maintenance of West Garfield Street. 12. BMC 38.410.130. Compliance with BMC 38.410.130 shall be met prior to Final Plat approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination. 13. BMC 38.240.410. Technology Blvd West is a privately maintained street located within public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat Approval, the certificate of dedication shall reflect private maintenance. 14. BMC 38.240.510. The applicant must add the required text as stated in BMC Section 38.240.510 to the Conditions of Approval Sheet 3 prior to Final Plat Approval. 15. BMC 38.220.070. The final plat must contain the following notation on the Conditions of Approval sheet: a. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible 340 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 11 of 23 for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. All public stormwater facilities not on property dedicated to the City of Bozeman shall be located within public drainage easements that provide for storm water facility maintenance responsibility by the property owners association. c. A 1-foot no access strip shall be placed along all lots fronting on U.S. 191. d. Due to the known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. e. All downstream water user facilities will not be impacted by this subdivision. f. All lots are subject to a 10-foot wide front yard utility easement. g. All open space and public access areas to be owned and maintained by the property owners association. h. If water rights or cash-in-lieu of water rights, have not been provided with final Ppat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application. 16. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 17. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. 341 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 12 of 23 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS The following are procedural requirements not yet demonstrated by the plat and must be satisfied at the final plat. 1. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. BMC 38.220.300 & 310. The Property Owners’ Association (POA) documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. 4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 5. BMC 38.410.060.A. The final plat must provide all necessary easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. The recorded easement number must be documented on the final plat. a. The applicant is advised that all dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the 342 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 13 of 23 draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is established, the easement documents must be updated. b. Utility easements shall be provided in accordance with the UDC. The required 10- foot front yard easement is required along the lots on Fowler Road. The easement must be recorded prior to final plat approval. c. A city standard thirty (30) foot wide sewer and water pipeline and access easement and agreement for public water and sewer utilities located outside of dedicated public right of way must be provided with the final plat. The easement must be recorded prior to final plat approval. d. Prior to public infrastructure approval, the applicant shall obtain a public street and utility easement from the adjoining property owner for the portion of Technology Blvd West situated on the adjoining property to provide for a total dedicated right of way and easement width of 60 feet. e. Any public access easement for the proposed sidewalk system that resides within open space must have an easement recorded prior to final plat approval. f. A public drainage easement shall be provided for all stormwater facilities conveying runoff from dedicated public right of way. The easement must be recorded prior to final plat approval. 6. BMC 38.410.060. The applicant shall provide easements for all agricultural water user facilities located on the proposed subdivision property prior to final plat approval. The applicant shall coordinate the location of easements with Farmers Canal Company. The existing easement for Farmers Canal provides for a pipeline to be constructed on the existing section of open channel canal. This easement shall be modified as needed if this portion of the canal will not be placed in a pipeline. The applicant must provide the 30 foot farmers canal and public access easement documentation. The recorded easement number must be written in on the final plat. Written approval from Farmers Canal Company for all associated modifications or impacts to agricultural water user facilities is required with the final plat. 7. BMC 38.240.410.Technology Blvd West is a privately maintained street located within public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat Approval, the certificate of dedication shall reflect private maintenance. 8. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the 343 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 14 of 23 City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 9. BMC 38.240.450. The applicant is advised where public improvements are to be installed prior to Final Plat Approval, the final plat of subdivision must contain a certificate of completion of public improvements. Prior to final plat approval, sheet one certificates must list all completed and accepted improvements, if applicable. 10. BMC 38.240.530. The Certificate of Completion of water-related improvements is not shown on sheet one of the plat and must be shown, if applicable prior to final plat approval. 11. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate must be provided on the final plat. 12. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included. 13. BMC 38.410.120. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are use a dedicated area to pull up and access the boxes must be provided. 14. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. 344 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 15 of 23 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS The DRC determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions on July 12, 2021. Public hearing date for the Planning Board was on August 2, 2021 at 6:00pm. One public comment was received during the meeting. After deliberation, the Planning Board recommended approval 7-0 of the subdivision. Public hearing date for the City Commission is August 17, 2021 at 6:00 PM. The hearing will be held via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As outlined in code provision number 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included and updated with the required notations can be added as required by conditions or code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the local subdivision regulations. 345 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 16 of 23 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application was received on March 21, 2020 and was deemed inadequate for further review. Revised application materials were received on June 27, 2020, March 10, 2021, and June 7, 2021. The City deemed the application adequate for review on July 12, 2021. Public hearings are scheduled for August 2 and August 17, 2021. The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board must forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny the subdivision application by October 4, 2021 unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix C. No written public comment has been received. There was one oral comment at the Planning Board meeting on August 2 inquiring how to find out more details on reviewing current planning projects. On July 29, 2021 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the Development Review Committee and the Department of Community Development all applicable regulations are met if all code requirements are satisfied. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration in Sections 3 and 4. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Condition of approval 4 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. Code provision 5 states that utility easements need to be provided and granted with the final plat in accordance with standards. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel Access to the property is from Fowler Avenue to the east which is a City maintained road. Technology Boulevard West is being extended from the east and required to be privately maintained per condition of approval number 13 and code provision number 7. 346 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 17 of 23 Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture This item was waived by the DRC with the pre-application. 2) The effect on Agricultural water user facilities Agricultural water user facilities on site include canals, irrigation ditches, and streams that provide irrigation water to downstream users. The Farmer’s Canal, tributary to the Baxter Border stream, Section Line Ditch, and Upper Cattail Creek (Harmon Stream) all transport irrigation water through the property. No modifications to the existing agricultural water user facilities will be done with this phase and the ability of the facilities to deliver water to downstream users will be protected. 3) The effect on Local services Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider proposes to extend water and sewer mains to the subdivision. Code provision 4 requires the applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Code provision 5 requires a city standard sewer easement where the sewer system is located. Building permits will not be issued prior to city acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property, the applicant proposes to transfer to City ownership existing water rights as outlined in condition number 12. Streets – The Growth Policy and subdivision standards require adequate connectivity of a development to the street grid. Access is taken from West Garfield to the south, Fowler Avenue to the east, and Huffine Lane to the north. West Technology Boulevard will be constructed to a 60-foot street section off Fowler Avenue. All internal streets will be privately maintained as outlined in condition of approval number 13 and code provision number 7. A traffic impact study was provided with the application and found that the infrastructure that exists and is proposed for the project will service the development. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code. Phase 5 lies within the scope of the previously approved drainage plan and will incorporate one 5.22 acre basin (Minor Basin 1) for stormwater runoff. The runoff from Minor Basin 1 is treated with LID practices using “StormTech” underground detention and storage facilities. This practice is found to remove 80% of the total suspended solids from municipal stormwater runoff. The responsibility of the stormwater facilities is the responsibility of the Property Owners Association (POA) as outlined in condition of approval 15. Inspection of installed facilities prior to final plat will verify that standards have been met. Parklands – No parkland is required since there will be no residential component in this phase. 347 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 18 of 23 4) The effect on the Natural environment No significant negative impacts to the natural environment have been identified. There are no floodplains located within the subject property. A wetland delineation report was completed and determined that there are 1.45 acres of wetlands and 2613 linear feet of tributaries. A relaxation to allow encroachment into the watercourse setback was granted with the original PUD adoption in 2006. With the adoption of the PUD, wetland impact credits were paid for equating 1.94 acres. .65 acres have been impacted with phases 1-4. Phase 5 expects to impact .86 acres of wetlands with the majority on the northeastern corner of the development where infrastructure and buildings will be located. The remaining .59 acres of wetlands are located within the open space areas and are expected to be preserved. Per condition of approval number 16, permits affiliated with the wetlands (404, 310, Turbidity exemption) is required with the final plat. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition 16d prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater and requires addition of a notation of this restriction on the conditions of approval sheet. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The application will irrigate open space and boulevard strips landscaping with wells. 5) The effect on Wildlife and wildlife habitat No significant negative impacts to the wildlife and wildlife habitat have been identified. There are no known populations of large mammals or endangered species that occupy the site. 6) The effect on Public health and safety With the recommended conditions of approval and required plat corrections, the subdivision will not significantly impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title with conditions and code provisions. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. Condition of approval 1 requires full compliance with all applicable code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. All infrastructure will meet City standards and the improvements to the watercourses will not impact the current floodplains on the project site nor will they increase flood risk on the property or surrounding properties. 348 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 19 of 23 Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on February 21, 2019. The DRC found that more information was needed prior to the application going forward to preliminary plat so revisions were submitted on April 22, 2019. Staff offers the following summary comments on the supplemental information required with Article 38.220.060, BMC. 38.220.060.A.1 Surface Water In 2005, a wetland delineation was conducted identifying the proposed impacted areas. Based on the proposed impact areas within the overall Bozeman Gateway Development, a total of 1.94 acres of wetland credits were purchased in 2005. Up until 2019, the actual impacted area has been less than the area planned and purchased resulting in an unused credit of approximately 1.29 acres. Since 2005, changes to the development as well as upstream flows have altered the shape and area of the wetland resulting in a new 2019 wetland delineation. Phase 5 will result in .86 acres of impacts to the wetlands. The primary mitigation is to avoid and preserve wetland characteristics where possible. A tributary to the Baxter Border Stream flows from south to north along the west side of Fowler Avenue. It has a perennial flow and serves to convey irrigation flow from the Farmer’s Canal to downstream users. The Baxter Border Ditch will remain largely undistributed by the project. The stream will remain in its natural state, protected within an open space corridor. The open space area will be enhanced with trails and landscaping to provide a pedestrian corridor reaching from Huffine Lane to the south boundary of the project. 38.220.060.A.2 Floodplains There are no floodplains on the subject property. 38.220.060.A.3 Groundwater Groundwater depth was monitored and had depths that vary from 4.3’ below the ground surface. As a supplement to the original water table, a hydrograph from a nearby well has been submitted with the application. Elevating the roads slightly above the existing ground assist in providing separation to the groundwater. Condition of approval 16 restricts the use of basements and crawl spaces due to high groundwater. 38.220.060.A.4 Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. Alluvial deposits derived from the mountains south of Bozeman underlie the subdivision. There are no geological hazards or unusual features that limit the suitability of the land for the proposed uses. The project area generally slopes from south to north at approximately 1.25 percent. Two soil types exist on the site that are similar to those found throughout Bozeman. Limitations to development are primarily depth to groundwater, bearing capacity, frost heave potential, shrink-swell potential and flooding. 349 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 20 of 23 To minimize erosion, the construction contract shall provide for seeing of slopes in cut and fill areas. Methods of erosion control and revegetation shall be in conformance to the Montana Department of Environmental Quality Montana Sediment and Erosion Control Manual. 38.220.060.A.5 Vegetation On site vegetation is limited to grasses, forbs and a few locations with low growing shrubs, such as wild roses, found along fence lines and near drainage courses. There are no critical plant communities on site. A weed management plan is included in the application. 38.220.060.A.6 Wildlife There is little wildlife or habitat on site. In the past, the site has been used for pasture and growing of hay crops. Phase 5 is currently not utilized. There are no known populations of large mammals that occupy the site nor are there are known endangered species utilizing the site. 38.220.060.A.7 Historical Features There are no known historical features located within the property. A Cultural Evaluation was conducted in 2004 that stated that the Farmer’s Canal may be significant in terms of National Register criteria but the integrity of the entire canal system has been compromised over time. If any historic items are discovered during construction, the State Historic Preservation Office will be contacted. 38.220.060.A.8 Agriculture Materials waived. 38.220.060.A.9 Agricultural Water User Facilities This subdivision will not significantly impact agricultural water user facilities. See discussion above under primary review criteria. 38.220.060.A.10 Water and Sewer The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. See discussion above under primary review criteria. 38.220.060.A.11 Stormwater Management The subdivision will not significantly impact stormwater infrastructure. The stormwater systems will be maintained by the Bozeman Gateway POA. See discussion above under primary review criteria. 38.220.060.A.12 Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. See primary review criteria above for further information. 350 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 21 of 23 38.220.060.A.13 Utilities This subdivision will not significantly impact utilities. Standard 10-ft utility easements will be provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. 38.220.060.A.14 Educational Facilities A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The assumption was made that the existing zoning designation and mixed-use development will not generate any students within the development. 38.220.060.A.15 Land Use Phase 5 is consistent with those allowed by B-2 zoning. Existing land uses bordering the east and north sides of the Bozeman Gateway property are commercial businesses. The properties bordering the south and west are public lands owned by Montana State University and is agricultural use. The proposed uses will not adversely affect adjacent land uses in the area. Three lots are open space which equate to 2.85 acres or 41.5% of the total area. Two lots are commercial lots which equate to 3.38 acres or 49.2% of the total area. The streets equate to .64 acres or 9.3% of the total area. In total, Phase 5 is 5 lots and 6.87 acres. Access to the existing public lands will not be affected by the development. All open space within the planned area will be open to the public and easily accessible. No hazards or nuisances will be created by the development. Safety issues related to construction activity will be effectively controlled by standards construction management practices. 38.220.060.A.16 Parks and Recreation Facilities No parkland is dedicated with Phase 5 since there is no residential component. There are green space corridors that run from north to south of the property. These corridors will provide pedestrian and bicycle circulation connecting the internal aspects of the project as well as providing connections to surrounding lands. Open space areas will be owned and maintained by the applicant. 38.220.060.A.17 Neighborhood Center Plan The open space lots along the eastern perimeter of Phase 5 connect to the existing trail and open space network to the north. This shared community space and trail system encourages gathering, relaxing and recreating. A bike/pedestrian trail and sidewalk connects to the properties on the north which then connect to the overall trail network of the development that continues eastward to MSU. The open space will also protect an existing stream corridor that will remain for the most part in its natural state. 38.220.060.A.18 Lighting Plan The preliminary lighting plan is in accordance with the requirements of the UDC and Bozeman Gateway Development Manual. Light spacing on streets meets the requirements of the City of Bozeman Design Standards and Specifications Policy. 351 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 22 of 23 38.220.060.A.19 Miscellaneous Materials waived. 38.220.060.A.20 Affordable Housing Materials waived. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Regional Commercial and Services.” Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing by certified mail to adjacent property owners and by first class mail to all other owners within 200 feet on July 16, 2021. The site was posted with a notice on July 16, 2021 and a legal advertisement was published in the Bozeman Daily Chronicle on July 18 and August 15, 2021. Content of the notice contained all elements required by Article 38.220., BMC. APPENDIX C – PROJECT BACKGROUND Bozeman Gateway was created as a Planned Unit Development in 2006. There are five phases in total. Phases 1-3 have been subdivided and currently under development. Phase 4 preliminary plat was approved by the City Commission on July 20, 2021. 352 20094 Staff Report for Bozeman Gateway Phase 5 Major Subdivision Page 23 of 23 APPENDIX D - OWNER INFORMATION Owner/Applicant: Mitchell Development & Investments, LLC, PO Box 738, Great Falls, MT 59403 Representative: Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59718 Report By: Sarah Rosenberg, AICP, Associate Planner ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #20094, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=209880&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-094 353 OPEN SPACE 1 LOT 1 OPEN SPACE 1B OPEN SPACE 1A LOT 2 ZONED AS ZONED AS EXISTING PHASE 1 LEGEND EX W SS W SS GRAPHIC SCALE 0 (IN FEET) 25 502550 1 INCH = 50 FT THE BOZEMAN GATEWAY SUBDIVISION P.U.D. WATERCOURSE AND SETBACK EXHIBIT for PHASE 5 FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE, INC.,2021 N:\3638\009\ACAD\Preliminary Plat 5\Prelim Plat 5.dwg Plotted by james (jim) a. ullman on Jun/2/2021 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 3638.009 FIG 4 BOZEMAN GATEWAY PUD BOZEMAN MONTANA WATERCOURSE AND SETBACK EXHIBIT for PHASE 5 PRELIMINARY PLAT CMS JAU JAU/KIT 06/2021 PROPOSED DEAD END BARRICADES PER DETAIL NO. 09810-2 DITCH CENTERLINE TOP OF DITCH BANK DITCH CENTERLINE TOP OF DITCH BANK 354 AREA SUMMARYTHE BOZEMAN GATEWAY SUBDIVISION P.U.D.PRELIMINARY PLAT ofPHASE 5PHASE 5 PRELIMINARY PLATBOZEMAN GATEWAY PUD©2880 Technology Blvd. W.Bozeman, MT 59718Phone: (406) 587-0721Fax: (406) 922-6702SHEET NUMBERPROJECT NUMBERDRAWING NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:Q.A. REVIEWDATE:BY:COPYRIGHT MORRISON-MAIERLE, INC.,2021VERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!REVISIONSDATEDESCRIPTIONNO.BYN:\3638\009\ACAD\Preliminary Plat 5\Prelim Plat 5.dwg Plotted by james (jim) a. ullman on Jun/3/2021engineerssurveyorsplannersscientistsengineerssurveyorsplannersscientists3638.009FIG 1BOZEMANMONTANACMSJAUJAU08/2020NOT TO SCALEVICINITY MAPThe Bozeman Gateway Phase 5, Gallatin County, Montana, is within the City of Bozeman, Montana, a first classmunicipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to Section76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities.Therefore under the provisions of Section 76-4-125, MCA, this survey is excluded from the requirement for MontanaDepartment of Environmental Quality review.Dated this ________________________ day of _______________________________, 2021.________________________________Director of Public WorksCity of Bozeman, MontanaCERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWWe, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided andplatted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereuntoincluded the following described tract of land to wit:The Bozeman Gateway - Phase 5, situated in Tract 2A of the Amended Plat of West College Minor SubdivisionNo. 195A situated in the NW14 Section 14 and the NE14 Section 15, T2S, R5E, P.M.M., City of Bozeman, GallatinCounty, Montana.Said Phase contains 6.9 Acres, more or less, and is subject to all existing easements. whether of record orapparent on the groundThe above-described tract of land is to be known and designated as “THE BOZEMAN GATEWAY - PHASE 5”,City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks orpublic lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use andenjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or publiclands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility formaintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the landsincluded in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The landsincluded in all streets, avenues, alleys, and parks or public lands dedicated to the public for which the City ofBozeman accepts responsibility for maintenance of West Garfield Street.The undersigned hereby grants unto each and every person firm or corporation, whether public or private,providing or offering to provide telephone, electric power, gas, Internet, cable television or other similar utility orservice, the right to the joint use of an easement for the construction, maintenance, repair and removal of theirlines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" tohave and to hold forever.CERTIFICATE OF DEDICATIONDated this _________________________ day of _________________________, 2021.______________________________________State of _________________________County of _________________________This instrument was acknowledged before me on _________________________ by______________________________________________ as__________________________________________________ of Mitchell Development & Investments LLC.__________________________________________________(Signature of Notarial Officer)__________________________________________________Notary's name - typed, stamped or printedNotary Public for the State of _________________________Residing at _________________________My commission expires: _______________________I the undersigned, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, do hereby certifythat between ________________ and _________________, I surveyed The Bozeman Gateway Subdivision Phase5, and drew the same as shown on the accompanying plat and as described in accordance with the provisions of theMontana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and the Bozezman Municipal Code.Dated this___________day of_________________, 2021.________________________________________________________Jon C. Wilkinson, PLS, CFedSMT Reg. #16411LSMorrison-Maierle, Inc.CERTIFICATE OF SURVEYORI, Mitch Reister, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plathas been duly examined and has found the same to conform to the law, approve it, and hereby accept thededication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated tosuch use.Dated this __________ day of ____________________, 2021.________________________________________Director of Public WorksCity of Bozeman, MontanaI, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has beenduly examined and that all real property taxes and special assessments assessed and levied on the land to beingdivided have been paid.Dated this __________ day of ____________________, 2021.________________________________________Kimberly BuchananTreasurerGallatin County, MontanaCERTIFICATE OF COUNTY TREASURERCERTIFICATE OF DIRECTOR OF PUBLIC WORKSI, Charlotte Mills, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrumentwas filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________,2020, and recorded in Book ______ of Plats on page __________, and Document # ____________________,Records of the Clerk and Recorder, Gallatin County, Montana.Dated this __________ day of ____________________, 2021.________________________________________Charlotte MillsClerk and RecorderGallatin County, MontanaCERTIFICATE OF CLERK AND RECORDERI, _________________________, and I, James Ullman, a Registered Professional Engineer licensed to practice inthe State of Montana, hereby certify that the following improvements, required to meet the requirements of this titleor as a condition(s) of approval of The Bozeman Gateway Subdivision P.U.D. have been installed in conformancewith the approved plans and specifications.1. Water, sanitary sewer, storm sewer and road improvements for Technology Blvd. West2. Water main extension through Lot 13. Water and road improvements for West Garfield StreetThe subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the cityhereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty._____________________________________________________Theodore J. Mitchell DatedMitchell Development & Investments, LLC_____________________________________________________James Ullman, #10539 PE DatedMorrison-Maierle, Inc._____________________________________________________ DatedDirector of Public WorksCERTIFICATE OF COMPLETIONI, Theodore J. Mitchell, hereby certify that the following improvements, necessary to meet the requirements ofchapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of Bozeman Gateway - Phase 5, havebeen installed in conformance with the approved plans and specifications, or financially guaranteed and covered bythe improvements agreement accompanying this plat.1. Water main extension located in Technology Blvd. West2. Water main extension located in easement through Lot 13. Water main extension located in West Garfield StreetThe subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the cityhereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty._____________________________________________________Theodore J. Mitchell DatedMitchell Development & Investments, LLC_____________________________________________________ DatedDirector of Public WorksCERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS355 OPEN SPACE 1 LOT 1 OPEN SPACE 1B OPEN SPACE 1A LOT 2 SS SS W SSSSSSWWWWSSSSSSWWWWSS SS W W SS SS SS S S SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWSS W W W W W W WWWWWW W W W W EEEEEEEEEEEEEEEESS SS SS SS SS SSW W SSSSSSSSSSW W W W W W EEEW WWWWWWWWWW W W ZONED AS ZONED AS EXISTING PHASE 1 LEGEND EX W SS W SS GRAPHIC SCALE 0 (IN FEET) 25 502550 1 INCH = 50 FT THE BOZEMAN GATEWAY SUBDIVISION P.U.D. PRELIMINARY PLAT of PHASE 5 FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE, INC.,2021 N:\3638\009\ACAD\Preliminary Plat 5\Prelim Plat 5.dwg Plotted by james (jim) a. ullman on Jun/7/2021 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net 3638.009 FIG 2 BOZEMAN GATEWAY PUD BOZEMAN MONTANA PHASE 5 PRELIMINARY PLAT CMS JAU JAU/KIT 08/2020 PROPOSED DEAD END BARRICADES PER DETAIL NO. 09810-2 PEDESTRIAN ASPHALT PATH 6' FENCE REQUIRED BY FARMER'S CANAL BOARD 356 THE BOZEMAN GATEWAY SUBDIVISION P.U.D.PRELIMINARY PLAT ofPHASE 5PHASE 5 PRELIMINARY PLATBOZEMAN GATEWAY PUD©2880 Technology Blvd. W.Bozeman, MT 59718Phone: (406) 587-0721Fax: (406) 922-6702SHEET NUMBERPROJECT NUMBERDRAWING NUMBERDRAWN BY:CHK'D. BY:APPR. BY:DATE:Q.A. REVIEWDATE:BY:COPYRIGHT MORRISON-MAIERLE, INC.,2021VERIFY SCALE!THESE PRINTS MAY BEREDUCED. LINE BELOWMEASURES ONE INCH ONORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY!REVISIONSDATEDESCRIPTIONNO.BYN:\3638\009\ACAD\Preliminary Plat 5\Prelim Plat 5.dwg Plotted by james (jim) a. ullman on Jun/3/2021engineerssurveyorsplannersscientistsengineerssurveyorsplannersscientists3638.009FIG 3BOZEMANMONTANACMSJAUJAU08/2020We, the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditionsof Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that allconditions of subdivision application have been satisfied.WE, the undersigned property owner(s), do hereby certify that the information shown is current as of the date ofthis certification, and that changes to any land-use restrictions or encumbrances may be made by amendmentsto covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations.We, the undersigned property owner(s), do hereby certify that We acknowledge that federal, state, and localplans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, includingthe location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers ofproperty should ensure that they have obtained and reviewed all sheets of the plat and all documents recordedand filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planningdepartment and become informed of any limitations on the use of the property prior to closing.NOTIFICATIONS AND CERTIFICATIONSDated this _________________________ day of _________________________, 2021.______________________________________State of _________________________County of _________________________This instrument was acknowledged before me on _________________________ by______________________________________________ as__________________________________________________ of Mitchell Development and Investments LLC.__________________________________________________(Signature of Notarial Officer)__________________________________________________Notary's name - typed, stamped or printedNotary Public for the State of _________________________Residing at _________________________My commission expires: _______________________CONDITIONS OF APPROVALa.The responsibility of maintenance for the stormwater facilities, stormwater openspace lots, pedestrian open space lots and street frontage landscaping for theperimeter streets must be that of the property owners’ association.Maintenance responsibility must include, all vegetative ground cover, boulevardtrees and irrigation systems in the public right-of-way boulevard strips along allexternal perimeter development streets. The property owners’ association mustbe responsible for levying annual assessments to provide for the maintenance,repair, and upkeep of all perimeter street frontage landscaping and stormwaterfacilities and all open space landscaping.b.All public stormwater facilities not on property dedicated to the City of Bozemanshall be located within public drainage easements that provide for storm waterfacility maintenance responsibility by the property owners association.c.A 1-foot no access strip shall be placed along all lots fronting on U.S. 191d.Due to the known high groundwater conditions in the area no basements will bepermitted with future development of the site. No crawl spaces will bepermitted with future development of the site, unless a professional engineerregistered in the State of Montana certifies that the lowest point of anyproposed structure is located above the seasonal high groundwater level andprovide supporting groundwater data prior to the release of building permit. Inaddition, sump pumps are not allowed to be connected to the sanitary sewersystem. Sump pumps are also not allowed to be connected to the drainagesystem unless capacity is designed into the drainage system to accept thepumped water. Water from sump pumps may not be discharged onto streets,such as into the curb and gutters where they may create a safety hazard forpedestrians and vehicles.e.All downstream water user facilities will not be impacted by this Subdivision.f.All lots are subject to a 10-foot wide front yard utility easement.g.All Open Space and Public Access areas to be owned and maintained by theproperty owners association.357