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Home My WebLink About09-14-21 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 Cash-in-lieu of Parkland Grant Agreement with Southwest Montana Mountain Bike Association for Westlake Park(Jadin) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 14, 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=e1b7e8b1bd63ea0bf0aecca73def75d6d 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: 2553 290 5109 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 F.3 Findings of Fact for the Bozeman Gateway Phase 5 Major Subdivision, Application 20094 (Quasi-judicial)(Rosenberg) F.4 Authorize the City Manager to Sign a Notice of Award for the Bozeman Sourdough Water Transmission Main, Phase 2 Project, to CK May Excavating Inc. for the Total Base Bid in the Amount of $4,105,303.90, and Final Contract Documents Once Received(Murray) F.5 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Drainage Easement, Public Street and Utility Easement, Public Utility Easement, Public Water and Sewer Easement with Haven for the Haven Site Plan (20451)(Johnson) F.6 Authorize the City Manager to Sign a Drainage Easement, Public Access Easement, Public Pedestrian Access Easement, and a Utility Easement with Glacier Bank for the First Security Bank Site Plan (21044)(Schultz) F.7 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) F.8 Authorize the City Manager to Sign a Purchase Agreement for a Police Canine, Including the Training of a New Handler(Knight) F.9 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the East Gallatin River(Heaston) F.10 Ratify the City Manager's Signature on an Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant(Rosenberry) F.11 Authorize the City Manager to Sign an Interlocal Site License Agreement for Operation of Convenience Site Between the Gallatin County Solid Waste Management District, Gallatin County and the City(Handelin/Saverud) F.12 Authorize the City Manager to Sign a Professional Services Agreement with GIS Inc. for Cityworks Support Services(Collins) F.13 Authorize the City Manager to Sign the Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project(Murray) F.14 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for Snow Plow Services in the Bridger Parking Garage and Surrounding Sidewalks(Veselik) F.15 Authorize the City Manager to Sign an Amended Professional Services Agreement with Big Horn Snow Removal for Snow Removal Services in the Four City Owned Service Lots Open for Public Parking in the Downtown Core and the Bozeman Senior Center Surface Lot(Veselik) F.16 Authorize the City Manager to Sign an Amended PSA with Passport Labs, Inc. for Parking Enforcement and Permit Software(Veselik) 2 F.17 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project(Kline ) F.18 Ratify the City Manager's Signature on First Amendment to Profession Services Agreement with Sterling BZN, LLC for Sale of Fire Station 1(Winn) F.19 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool(Heaston) F.20 Authorize the City Manager to Sign Task Order 3 SCADA Master Plan Development Under Existing SCADA On-Call Services Professional Services Agreement Term Contract(Breuckman) F.21 Authorize the City Manager to Sign an Amendment 7 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Sewer Renovations Projects(Gamradt) F.22 Resolution 5331 Annexing the University Crossing Apartments 2021 Annexation for 10,247 sq. ft. Located at 2025 W. Kagy Blvd, and Authorizing the City Manager to Sign the Annexation Agreement and Associated Right of Way and Utility Easements, Application 21152(Saunders) F.23 Resolution 5332 Intent to Modify Special Improvement Lighting District 744 for South University District Phases 1-3(Donald) F.24 Resolution 5334 Authorizing Prime Change Order 13 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) F.25 Resolution 5336 Authorizing Change Order 4 to the North 7th Avenue Streetscape Project(Fine) F.26 Ordinance 2086, Provisional Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152(Saunders) F.27 Ordinance 2087, Provisional Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density Â and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102(Saunders) 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 3 respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. H.Action Items H.1 Resolution 5272 Establishing Rates for Stormwater Service for FY22 and FY23 (Donald) H.2 Resolution 5273 Establishing Rates and Fees for Water Service for FY22 and FY23 (Donald) H.3 Resolution 5274 Establishing Rates for Wastewater Service for FY22 and FY23 (Donald) H.4 Resolution 5275 Establishing Rates for Solid Waste Services for FY22 (Donald) H.5 Adoption of Resolution 5324 and Provisional Adoption of Ordinance 2083 for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, and Authorize the City Manager to Sign the Annexation Agreement and Associated Right of Way Easements, Application 21186(Saunders) H.6 Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 3.492 Acres, Application 21172(Rogers) I.FYI / Discussion J.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. 4 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:Please approve checks from September 1st and September 8th, due to no commission meetings being held on August 31st and September 7th, respectively. 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: September 2, 2021 5 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitchell Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Cash-in-lieu of Parkland Grant Agreement with Southwest Montana Mountain Bike Association for Westlake Park MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Manager to sign a cash-in-lieu of parkland grant agreement with Southwest Montana Mountain Bike Association for Westlake Park. STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND: The 2020 Westlake Park Cash-in-lieu of Parkland Application (Application) was prepared by Gallatin Valley BMX (GVBMX) and Southwest Montana Mountain Bike Association (SWMMBA) representatives with assistance from the Parks Division.. The primary elements of this proposed construction phase are to commence a formal design and permitting process, perform significant site grading using excess excavated material from the Midtown streets project, relocate utilities cutting through the park, resolve drainage issues and complete the north end of the park that has historically seen illegal dumping. The Recreation and Parks Advisory Board unanimously recommended approval of Resolution 5737 to modify the Westlake Park Master Plan and Resolution 5238 to support cash-in-lieu of parkland up to $193,500.00 at their regular public meeting on November 12, 2020. The City Commission approved the Resolutions on December 8, 2020. Midtown Urban Renewal Board also awarded up to $357,362.78 on Thursday, May 6, 2021. From those funds, SWMMBA will manage up to $65,650 of site preparation, materials stripping/screening and final grading work in the area of the freestyle/pump track course. 6 UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:The grant amount will be drawn from the Park Land Fund cash-in-lieu of parkland sources within Midtown Urban Renewal District and City-wide. The remaining unallocated balance in the Fund as of September 2021 is approximately $706K. Additional funding was provided by the Midtown Urban Renewal District. Attachments: 2020 Westlake Park CILP application.pdf Grant Agreement - SWMMBA.docx Report compiled on: September 3, 2021 7 1 of 2 CASH-IN-LIEU of PARKLAND FUNDING APPLICATION Please complete all sections of the application. Attach additional pages as necessary. Contact Addi Jadin, Parks Planner and Development Manager, for assistance with supplemental requirements or any questions (ajadin@bozeman.net or 582-2908). Park Name(s): _______Westlake Park_____________________________________________________ Name of Project: ____2020 Westlake Park CILP Application________________________________________ Location of project within the park and nearest cross-streets: Improvements throughout park which is located at the southeast corner of N. 5th Avenue and E. Tamarack Streets_________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Applicant (Organization): Gallatin Valley BMX and SouthWest Montana Mountain Bike Association Primary Contact: Maggie Svaldi, President, GVBMX; Richard Hayes, SWMMBA Phone: 406-209-3380 (Maggie); 970-333-9761 (Richard) Email: maggiesvaldi@hotmail.com; richard@southwestmontanamba.org Mailing Address: NA Cash-in-lieu amount requested: $193,500 Match to be provided by applicant (if applicable): ___________________ cash __$86,030___in-kind Please provide a brief description of the project. Describe existing conditions in the park, proposed improvements, why they are needed, and a desired time frame for completion. _see Application and staff memo ________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (see submittal requirements on the next page) 8 2 of 2 Submittal Requirements – Attachments 1) Site layout drawing (site plan) with dimensions of proposed improvements at 1” = 20’ feet or larger scale as well as existing features in the area of the park. See Amended Master Plan Documentation provided by Parks Division. 2) Copy of the current park master plan with location of proposed features indicated (contact the Parks Planner and Development Manager for existing master plan). See Amended Master Plan Documentation provided by Parks Division. 3) Describe the process utilized for obtaining public input and support for the project (HOA meetings, neighborhood survey, etc.) Prior Master Plan Process utilized neighborhood meetings and surveys; amendment is the result of user group meetings and neighborhood residents/volunteers 4) Details or manufacturer cut sheets of the proposed site improvements. TBD. Site Plan and details to be assembled by design firm. 5) Basic cost estimate for purchased items and installation costs. See detailed budget reports in application 6) If applicable, describe in detail how all in-kind contributions will be provided as applicable (matching volunteer labor, donated items, etc.). See detailed budget reports and narrative 7) Describe how the project relates to the goals and stated needs of the City’s Park, Recreation, Open Space, and Trails Plan. See staff memo. 8) Describe the development project source(s) of cash-in-lieu (contact the Parks Planner and Development Manager prior to application). See staff memo. 9 Westlake BMX Park Phase One Proposal Overview: Westlake BMX Park was created in 1973 as part of the Westlake’s Fourth Subdivision to the City of Bozeman. The 5.9-acre park is located on the southwest corner of North Fifth Avenue and West Tamarack Street and is within the Midtown Urban Renewal District. The District Plan adopted in November 2015 identified the park as an opportunity to further enhance public activity centers within the Midtown Area. There are multiple user groups engaged in activities in the park, with the largest being Gallatin Valley BMX (GVBMX). Additional user groups in the park include SouthWest Montana Mountain Bike Association (SWMMBA), a community garden site managed by the Recreation Division, and the Children’s Memorial Garden, originally installed by volunteers, and currently overseen by Compassionate Friends. Since May 1981, Gallatin Valley Bmx has been building and improving the BMX course, working alongside the city to maintain and enhance the park, and provided a program with substantial growth for families in the community. GVBMX maintains a BMX course that is sanctioned by the American Bicycle Association. The course is open to the public to enjoy during non-race times and is solely maintained by volunteer efforts. They have a user agreement with the Parks Department, which includes an annual fee paid to the City of Bozeman for use of the park. Gallatin Valley BMX is a nonprofit organization guided by a volunteer Board of Directors whose children actively participate in the local BMX program. All improvements and maintenance for the BMX course and park over the years have been sustained through volunteer efforts, fundraising, community support, and in-kind donations. Over the last 39 years Gallatin Valley BMX volunteers have put in thousands of hours each year to keep the track and park a clean, safe, and inviting place for families in the entire valley. The continual yearly growth to their bicycle program as well as their commitment to the community make GVBMX an indispensable asset to the park, community, culture, and the City of Bozeman as a whole. Over the years they have had the privilege to host events that draw participants from all over the North West Region which has greatly contributed to Bozeman’s economic growth. In addition to a successful bicycle program they also provide a reading program for school-age children across the valley and are working towards introducing a STEM program into schools as well. Southwest Montana Mountain Bike Association, formerly “The Dirt Concern,” represents mountain bikers in southwest Montana and has about 2000 members. The group has had an established presence in Westlake Park since the early 2000’s. Averaging around 400 volunteer hours a year, SWMMBA has logged over 1600 hours since SWMMBA took the lead on the project in 2016. With ever increasing popularity, Westlake BMX Park has made a mark on the community and surrounding areas by being the only city park that provides for freestyle and BMX biking. With two dedicated user groups (GVBMX, SWMMBA) Westlake park has become the best bicycle specific park in the state of Montana and has the potential to set a precedent for 10 other cities in Montana. Over the course of the past 5 years, SWMMBA has located and delivered around 1800 cubic yards of clay dirt to the site to improve and expand the dirt jump set. This has improved the rideability, progression and all-around quality of the dirt jumps and is no doubt the best public dirt jump set in the state. The adjacent road construction project on Aspen and 5th has allowed us to stockpile enough additional material to regrade the park and improve the future dirt jump build.With Covid-19, the demand for expanding the park has become even more apparent. Now, every day of dry weather sees a steady flow of bikers using the dirt jumps and spectators watching from the hill to the east. Expanding the start hill would help the park serve more people and also allow them to keep more distance. Because of the special features in Westlake Park, it is more of a destination and community center for those who are otherwise just out for a walk. Westlake BMX Park user groups are applying for a $198,870 Cash-in-lieu of Parkland Grant to help implement phase 1 of the park master plan. The conceptual master plan was adopted in 2017 and is being amended along with this application. Describe existing conditions in the park: Currently, the dirt jump course has been cut into with the implementation of the back-in angle parking along 5th ave. and will need to be repaired. The open green space on the south side of the park is in need of a new irrigation system to effectively water and promote growth. The bleachers in the park are falling apart and are in need of replacement. The announcers booth is dilapidated. The BMX course start gate technology is outdated and in need of constant maintenance and repair. The north side of the park has been neglected for many years and is in need of a complete reconstruction. There are multiple grade variances throughout the North side of the park and the lower lot space, (used for a “dump zone” over the years), becomes a mud pit during the rainy season. There is a small irrigation zone on the North East section of the park which is maintained by the city parks division. There is no known irrigation system or zones throughout the rest of the north side of the park. There are multiple piles of construction debris and miscellaneous items that have been dumped into the park over the years. Currently there is a large stockpile of material from the 5th Ave. construction project that will be used in part to carry out phase 1 projects. The Children's Memorial Garden is in the North East corner of the park and is in the process of being revamped and brought back to life. Proposed Improvements: Safety Gate: The start gate technology to the BMX Course is outdated and in need of constant repair to remain functional. Pro-Start Safety gates are equipped with the newest safety technology and promote a quiet rolling barrel gate. This enhancement to the track will not only provide a safer option but also drastically reduce the noise pollution to the surrounding community. In order to install this new gate some structural changes will need to be made to the existing start hill on the track. This improvement will not only benefit the surrounding community by reducing the noise pollution in the area but will also benefit the Bozeman community as a whole by enhancing the safety standards on the track. Funding to be requested from Midtown URD 11 Bleachers: With the current growth of the BMX program in the park and projected growth for the next few years, additional seating and the availability to provide ample distancing in seating is needed. Aluminum frame bleachers with chain link guardrails and double floor boards will provide additional seating and meet safety standards. Concrete Work: Concrete bleacher pads will allow for a stable surface for the spectator bleachers and cut down on the ground maintenance. Concrete slabs for the staging area and to extend the existing sidewalk the full length of the fence as well. This surface work will provide for ease of bike traffic up to the start hill and cut down on the overall maintenance due to mud and erosion. Irrigation/Landscaping: The entire southside of the park is in need of a full irrigation/sprinkler system overhaul. The existing irrigation is non-functional and as a result of this the once beautiful grassy lawn has died. Cost reflected is to re-evaluate zones and install a new irrigation system for the south side of the park. Remaining funds will be used to seed the lawn and any landscaping efforts that may need to be done to return it to lush “green space” in the park. Shade Structures: There is a prevalent need for adequate shaded areas on the South Side of the park. Proposed amount will be used to provide shade structures for the BMX course start area and for the staging area. These two spaces are identified as high use areas and would greatly benefit from shade in the higher summer temperatures. Announcer Booth: The current structure has been a staple of Westlake BMX Park and the BMX program. Over the years through the generous help and support of our community volunteers we have maintained and repaired any damage to this structure. With climate, general wear and tear, and many years of use it is time to replace this structure. The proposed amount will cover permits required to build a new structure, materials, and any electrical work that will need to be completed. All labor for the new booth will be covered by GVBMX Volunteers. Soil Tac for the BMX Track: As the years pass we are actively seeking ways to improve the BMX Course for the bicycle community as a whole. This last year GVBMX purchased and applied this liquid adhesive to the surface of the track to try out the effectiveness and sustainability of this process and application. The initial track prep and application was carried out by all volunteer efforts from the BMX community and produced over 300 volunteer hours that weekend alone. The overall results for the season concluded that applying this adhesive to the surface allowed for less damage to the track surface (resulting in less maintenance), less environmental impact (minimizing storm water run off), quicker drying times when it does rain (allowing for more public accessibility to enjoy the track), and a consistent track surface throughout the season (improved riding surface for overall community use). Funding to be requested from Midtown URD 12 BMX Track Drainage: The current track drainage needs to be revamped and upgraded. These funds will allow for the repair of the current drainage system and upgrades/ re-constructing of areas as needed. Site Plan Application: This will be contracted through Sanderson Stewart by the city parks division and will include the following scope of work: ~Design site improvements anticipated to consist of revisions to the pump track, irrigation and some minor landscape improvements, along with civil documents to prepare a Site Plan Application package. ~Existing Conditions Plan- Topographic Survey Sheet ~Provide landscape design to consist of reseeding of construction disturbance, some small landscape improvements along the revised pump track and North 5th Ave., grading and an updated irrigation plan (moving existing lines/main/valves and heads) for Site Plan Submittal ~Provide Civil grading and StormWater Plans for Site Plan review and approval ~Prepare Site Plan Application Checklist and supporting documents ~Opinion of probable cost for Phase 1 Improvements Utilities on the North Side of the park: Removal of the existing power line, installation of a new electric line, and water line installation. Storm Drain for the North side of the Park: Proposed amount for an engineered storm drain. Dirt Equipment Rental: Machine and power screen rental to strip the existing dirt for the Dirt jump course. Irrigation/Landscape for the North side of the Park: Design and install irrigation zones and sprinklers to the entire North side of the park. Any additional funds will be used to seed and for any landscaping to cultivate open green space on the North side of the park. Trees: Proposed amount to add 20 total trees to the park including boulevard trees along the North and West perimeters of the park. Start Hill/ Stramp for the Dirt Jump Course: An engineered design for a new start hill possibly consisting of a combination of stairs and ramp features. The versatility of this feature will allow for a contemporary start hill for the jump course as well as provide additional opportunity for spectator seating. The specific details for this feature will be completed with the Site Plan process in collaboration with Sanderson Stewart. The proposed cost estimate may fluctuate depending on the materials and final design decided upon. $20K requested from CILP; additional to be requested from Midtown URD 13 Labor: An additional amount is proposed for the labor to strip the existing dirt jump clay and to Re Grade the surface area on the North Side of the park. This labor will be contracted out through the City Parks Division. 14 Gallatin Valley BMX Phase 1 Scope of work and Cost Estimates All estimates show material and specialized labor costs. All non-specialized labor will be covered by GVBMX In-Kind volunteer hours. Safety Gate and Surface Work- $60,000 ProStart Safety Gate and Installation- $30,000 Surface and Concrete work to fit the Safety Gate-$30,000 ~Tear out, dirt work, underground drainage, and electrical work. Concrete Work- staging area and bleacher pads-$14,000 30x21 slab 4”thick with 8”edge-$3,055.50 11x45 slab with 8”edge $2,400.75 8x10 6” thick-$640.00 5x44 sidewalk-$1,045.00 5x69 sidewalk-$1,638.75 Excavation, gravel, and misc.-$5,220 Irrigation/landscaping- $15,000 ~re-design and install irrigation zones for the South side of the park to accommodate the changes over the years and to provide working sprinklers to promote grass and green space. If allotted in the budget we will add in seeding the space as well. Shade Structures-$7,000 ~Shade poles-2,½”x2,½”x120”- 6”x4” Base Plates with 1”holes-Penetrol Finish- $3,500 ~Montana Canvas Custom Shade Tarps- $3,500 ~21’x30’ shade cloth material with D-Ring along edges 2”vinyl band reinforcement around edges. ~individual triangles 20’x10’ band edges and reinforce D-Rings *installation and labor will be covered by GVBMX In-Kind volunteer hours. -Estimated labor hours 6hrs@65/hr= $390 Announcer Booth-$5,000 Materials, permits, and electrical *non-specialized labor and tear down of the existing structure will be covered by GVBMX In-Kind volunteer hours. -Estimated minimum labor hours 80hrs@ $65/hr=$5,200 Midtown Request Midtown Request 15 Soil Tac- Liquid Adhesive for the BMX Track-$6,400 Liquid Adhesive to protect the integrity of the surface of the track. Applying this layer to the surface cuts down on track maintenance and allows the course to be open and rideable throughout climate changes. Cost reflects materials to coat the course for a minimum of 2 years. * Application and labor will be covered by GVBMX In-Kind Volunteer hours. -Estimated labor for initial track prep 100 hrs @$65/hr = $6,500 -Estimated labor for application of the adhesive 8-10hrs @$65/hr=$520-$650 **Initial track prep will be an annual need and any additional application that may be needed due to extreme weather conditions will accrue additional in-kind hours. Total minimum projected in-kind= $7,150 + any additional application BMX Track Drainage-$9,000 Equipment mobilization, 60 yards of screened rock for slab prep, equipment time and labor for slap prep, repair area drains allowance, drain tile and fabric allowance, 20 yards of screened rock for drains. *Any additional non-specialized labor will be covered by GVBMX In-Kind volunteer hours. -Estimated minimum in-kind labor 30 hrs @$65/hr =$1,950 Bleachers-$10,000 Aluminum frame bleachers with chain link guard rail and double floor board. *Assistance unloading and any assembly required will be covered by GVBMX In-Kind Volunteer hours. -Estimated minimum labor hrs 2 hrs@ $65/hr= $130 Overall Phase 1 GVBMX Projects Total=$126,400 In-Kind minimum labor contribution:$47,320 -Known minimum project estimates= $14,820 -Supervision of projects, time put into developing bids, project plans, organizing volunteer efforts, meetings to coordinate with city parks, etc.- minimum of 500hrs including time spent and projected time throughout the duration of carrying out phase 1.= $32,500 CILP REQUEST: $59,400 16 INTEGRATED TRAIL LABP.O. BOX 24BOZEMAN, MT 59771integratedtraillab@gmail.comintegratedtraillab.com To:The City of Bozeman Parks & Rec/ Addi Jadin PO Box 1230. Bozeman, MT 59771 (406) 582-2908 South West Montana Mountain Bike Association PO BOX 1855. Bozeman, MT 59771 (406) 219-4032 Phase 1 Infrastructure changes and improvements include but are not limited to the following materials and costs listed below. Phase 1 changes and improvements are mandatory to construction before starting Phase 2 improvements. Attached are material cost estimates and schematic drawing, of completed construction. All work shall be completed in a workmanlike manner, in accordance with standard industry practices and manufacturers’ instructions. Any deviation or alteration from the below specifications that involve extra costs will be completed only upon executing a written change order, and will require extra charges and time to complete, beyond this estimate. InfrasTrucTure changes/ImprovEmenTs AS LISTED BELOW PHASE 1 ITem DescrIpTIon unITs of measure esTImaTeD quanTITy unIT prIce lIne ToTal 1 Cap existing power Line $2500.00 2 Strip Existing Dirt Jump Clay/ Re Grade (Labor)HR 160 $65.00 $10,400.00 3 Machine Rental Month 1 $11,600.00 $11,600.00 4 Power Screen Rental Month 1 $9,000.00 $9,000.00 5 Start Hill Lump Sum 2 $20,000.00 6 Water Line Installation Ft 50’$50.00 $2,500.00 7 Electric Line Installation Ft 50’$50.00 $2,500.00 8 Irrigation Lump Sum 1 $15,000.00 $15,000.00 9 Engineered Storm Drain Lump Sum 1 $8,000.00 $20,000.00 10 Trees EA 20 $500.00 $10,000.00 ToTal $103,500 ESTIMATE Oct 13, 2020V. 3 Phase 1 20,000 17 SCALE: NADRAWING BY: Richard Hayes DATE: 10/13/2020NOTES: Conceptual design shown. Final trail alignment, pump track sizes and locations will be determined on site and will engage the natural environment. TITLE: Dirt Jump Park Improvments Version 2 Phase 1 Westlake Bike Park 5TH & Tamarack St Bozeman, MT 59715 NEW STREET TREES ENGINERED STORM WATER DRAIN ON SITE STORM WATER STORAGE/ BIOSWALE WESTLAKE DIRT JUMP INFRASTRUCTURE IMPROVEMENTS: PHASE 1 INSTALL NEW WATER & ELECTRIC HOOKUP REMOVE EXISTING BURIED POWER LINES EXISTING DIRT JUMP FOOTPRINT PROPOSED DIRT JUMP FOOTPRINT STRAMP STARTHILL INFRASTRUCTURE EXAMPLES: STRAMP STARTHILL ENGINERED STORM WATER DRAIN STORM WATER STORAGE / BIOSWALE 45’ BMX OFFSET STRAMP STARTHILL 18 FY 2020-2021 Grant Agreement – SWMMBA Page 1 GRANT AGREEMENT SOUTHWEST MONTANA MOUNTAIN BIKE ASSOCIATION THIS AGREEMENT is made and entered into this ____ day of __________, 20__ 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 The Dirt Concern doing business as DBA Southwest Montana Mountain Bike Association (“SWMMBA”), a nonprofit Montana corporation with a mailing address of PO Box 1855, Bozeman, MT 59771 as GRANTEE. SWMMBA and the City may also hereafter be referred to as “Parties”. 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, Section 38.420.030.E., BMC establishes criteria for the use of cash-in-lieu of parkland (CILP); and WHEREAS, the Parks and Recreation Department has established requirements and procedures for submittal and review of CILP applications; and WHEREAS, GRANTEE participated in a proposal to the City Commission for a grant of up to $35,650 for maintenance, earthwork, and construction preparation as included in the 2020 Westlake Park Cash-in-lieu of Parkland Application; and WHEREAS, on December 8, 2020, the Commission approved the grant request via Resolution 5238; and WHEREAS, on Thursday, May 6 the Midtown Urban Renewal District awarded additional funds to the Parks and Recreation Department for an increased scope of work including up to $30,000 of additional improvements to be managed by SWMMBA. THE PARTIES AGREE: 1.The Grant. The City will grant and release to GRANTEE a sum of up to thirty-five thousand six hundred fifty dollars ($35,650) from its Park Land Trust Fund and up to thirty-thousand dollars ($30,000) from the Midtown Urban Renewal District Budget (the “Grant”), pursuant to the payment terms in Section 4. 2.Use of Funds. Grant funds in the amount of up to sixty-five thousand six hundred fifty dollars ($65,650) will be used by GRANTEE for the sole purpose of reimbursing Project expenses incurred such as stripping, screening and final grading of clay, removal of non- 19 FY 2020-2021 Grant Agreement – SWMMBA Page 2 suitable materials, or other miscellaneous task performed to prepare for construction, as described in the proposal submitted by GRANTEE to the City Commission and Midtown Urban Renewal District, attached hereto as Exhibit A and by this reference incorporated herein. 3.Term. The term of this Agreement will commence on the Effective Date and expire on December 31, 2022 unless earlier terminated or extended as provided herein. 4.Payment of Grant Funds a. Payment of Grant funds is contingent on GRANTEE’S compliance with the approved grant application as presented to the Commission. b. GRANTEE may request the Grant funds as reimbursement of City approved Project expenses paid by GRANTEE or City may pay certain elements of the Project expenses directly to chosen vendors. A request for Grant funds must be submitted in writing with proof of expenses paid and shall be previously approved. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. c. GRANTEE may not request the Grant funds as reimbursement for funds provided by another entity or fundraised through its own programs d. Any funds from the Grant not requested for the SWMMBA projects as described in Exhibit A will remain in the Project fund and will be available for other appropriation. e. The City will have no obligation to pay any Grant funds unless at the time of the reimbursement request (i) all of GRANTEE’s representations as set forth in Section 5 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 pay any Grant funds and the City’s determination to refrain from paying, or its inability to pay, any Grant funds shall not be or result in a default of this Agreement. 5.Grantee’s 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 they have the experience and ability to perform its obligations under this Agreement; that they will perform 20 FY 2020-2021 Grant Agreement – SWMMBA Page 3 said obligations in a professional, competent and timely manner and with diligence and skill; that they have 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 Project. 6.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 agree to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’ 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. 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 Project. 21 FY 2020-2021 Grant Agreement – SWMMBA Page 4 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 Addi Jadin, Parks Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, 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 Ian Jones, President, Southwest Montana Mountain Bike Association Board, 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.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. Upon completion of the project, SWMMBA 22 FY 2020-2021 Grant Agreement – SWMMBA Page 5 shall enter into a user group agreement with the Recreation and Parks Department for ongoing maintenance and, as applicable, use of Westlake Park. 12.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. GRANTEE also waive 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 23 FY 2020-2021 Grant Agreement – SWMMBA Page 6 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 Property Coverage – in an amount sufficient to provide replacement cost of buildings and other improvements and personal property installed or stored pursuant to the License 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. 13.Nondiscrimination and Equal Pay. GRANTEE agree 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. 24 FY 2020-2021 Grant Agreement – SWMMBA Page 7 GRANTEE represent 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 theCity 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. 14.Public Meetings and Access to Public Records a. Meetings of GRANTEE’s Board of Directors 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 Board 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 adopt 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. 15.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 25 FY 2020-2021 Grant Agreement – SWMMBA Page 8 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. 16.Integration and Modification. This document contains the entire agreement between the Parties for the Project 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. 17.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. 18.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. 19.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. 20.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. 21.Non-Waiver. A waiver by either party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 26 FY 2020-2021 Grant Agreement – SWMMBA Page 9 22.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24.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: __________ Ian Jones, President Southwest Montana Mountain Bike Association Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 27 Exhibit A Grant Request 28 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Martin Matsen, Director of Community Development SUBJECT:Findings of Fact for the Bozeman Gateway Phase 5 Major Subdivision, Application 20094 (Quasi-judicial) MEETING DATE:September 14, 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:Phase 5 of the Bozeman Gateway is a 5 lot major subdivision on 6.9 acres. Two of the lots are developable while three are open space lots. The City Commission heard the preliminary plat on August 17, 2021 and recommended approval of the subdivision. UNRESOLVED ISSUES:NA ALTERNATIVES:NA FISCAL EFFECTS:NA Attachments: 20094 Findings of Fact.pdf Preliminary Plat.pdf Report compiled on: August 18, 2021 29 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 1 of 26 20094 Findings of Fact 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: August 18, 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. 30 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 2 of 26 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. One written public comment was received expressing concerns with the impacts to the wetland and watercourse. Planning Board 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 link to the video can be found here: https://bozeman.granicus.com/player/clip/122?view_id=1&redirect=true City Commission The City Commission held a public hearing on August 17, 2021. No public comment was received during the meeting. After consideration of the application, staff analysis, and presentations the City Commission approved the subdivision on a vote of 5-0. The recording of the video can be found here: https://bozeman.granicus.com/player/clip/137?view_id=1&redirect=true 31 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 3 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 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 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 23 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 25 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 25 APPENDIX C – PROJECT BACKGROUND ............................................................................. 25 APPENDIX D - OWNER INFORMATION ................................................................................ 25 ATTACHMENTS ......................................................................................................................... 26 32 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 4 of 26 SECTION 1 - MAP SERIES Figure 1. Zoning classification 33 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 5 of 26 Figure 2. Preliminary Plat Figure 2. Preliminary Plat 34 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 6 of 26 Figure 3. Watercourse setback highlighted in red 35 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 7 of 26 Figure 4. Master Site Plan Phase 5 36 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 8 of 26 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 37 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 9 of 26 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. 38 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 10 of 26 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 39 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 11 of 26 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. 40 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 12 of 26 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 41 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 13 of 26 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 42 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 14 of 26 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. 43 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 15 of 26 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. No public comment was received. After deliberation, the City Commission approved the subdivision 5-0. 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. 44 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 16 of 26 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. 45 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 17 of 26 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. 46 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 18 of 26 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. 47 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 19 of 26 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. 48 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 20 of 26 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. 49 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 21 of 26 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. 50 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 22 of 26 38.220.060.A.19 Miscellaneous Materials waived. 38.220.060.A.20 Affordable Housing Materials waived. 51 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 23 of 26 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. 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 August 17, 2021 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the project proposal, 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, code provisions including the changes to the conditions of approval. E. The City Commission requested public comment at the public hearing on August 17, 2021. There was no public testimony on the subdivision 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 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 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 for a period of mutually agreed upon time. 52 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 24 of 26 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 53 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 25 of 26 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. 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 54 20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 26 of 26 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 55 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 IMPROVEMENTS56 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 57 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.58 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Notice of Award for the Bozeman Sourdough Water Transmission Main, Phase 2 Project, to CK May Excavating Inc. for the Total Base Bid in the Amount of $4,105,303.90, and Final Contract Documents Once Received MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for the Bozeman Sourdough Water Transmission Main, Phase 2 project, to CK May Excavating Inc. for the Total Base Bid in the amount of $4,105,303.90, and final contract documents once received. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project consists of the installation of approximately 7,800 lineal feet of new 30-inch ductile iron water main, fittings, hot taps, valves, fire hydrants and appurtenances. The project begins on Sourdough Road near the Triple Tree trail head parking lot where the phase I project left off, and ends with connection to the Sourdough reservoir and flow control station. The project will increase the capacity between the plant and the reservoir to match the rated capacity of the plant and will also provide critical redundancy between the two. Bids for the above-referenced project were opened on July 20, 2021 with 3 bids being received. The low bid was submitted by CK May Excavating Inc. in the amount of $4,105,303.90. The engineers estimate was $5,611,835.23. The Bid Tabulation, Engineers award recommendation, and the DEQ award authorization letter for the project are attached. CK May’s bid contained a minor, non-substantive irregularity. The bids were submitted through an electronic bidding service the City has begun to use. That system was set up so that the Contractors had to upload four separate attachments – the bid signature page; a bid bond; the City’s non- discrimination affirmation form; and the SRF certification regarding debarment, suspension, and other responsibility matters form. When CK 59 May submitted their bid they uploaded the non-discrimination affirmation form twice instead of the certification regarding debarment form. They emailed the signed form right after the bid opening when the issue was identified. The second apparent low bidder Western Municipal Construction submitted a bid protest. The protest letter from their attorney, Mr. Nord is attached for your review. They contend that that bid from CK May should be rejected since the debarment form was not properly uploaded with the other bid documents. They make three arguments in support of this contention. The first being that the instructions to bidders states “…..the successful bidder must provide the debarment certification statement at the time of the bid opening with the bid and other forms required.” Secondly they state that Section 00900 (Funding Agency Special Provisions for Montana Public Facility Projects) “….specifically and unequivocally state that the Certification must be provided at the time of the bid opening.” Finally, they argue “By failing to submit the proper paperwork requested within the bidding documents as well as the electronic bidding format CK has failed to show it has the necessary “technical skills” to be considered a responsible bidder and its bid must be rejected.” The Certification of Debarment form is not a City requirement. The sole reason it is included is because of the SRF funding on the project. Mr. Nord is correct that section 00900 does require the contractor to submit the form, but nowhere in that section does it require it be submitted with the bid. This was confirmed with SRF following the bid opening, and further evidenced by their authorization to award irrespective of the bid protest which they were provided. Section 7 of the Instructions to Bidders states “….the Owner will cause to be opened every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read.” This Section does not give any latitude when it comes to the inclusion of the bid bond and affirmation, but does for the debarment form supporting the position that it’s exclusion at the time of bid should be considered an immaterial irregularity. Section 9.c of the Instructions to Bidders states: The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. The issue is whether CK May’s bid proposes a performance which generally conforms to the City’s needs and which substantially furnishes the services required. In Martel Construction Inc. v. Montana State Board of Examiners, 668 P.2d 222, the Montana Supreme Court held that the failure of a successful bidder to make a written acknowledgement of receipt of an 60 addendum was an immaterial irregularity which could be waived by state officials. The Court stated that deviations in bid submissions which do not go to the substance of the bid and irregularities which do not give on bidder a substantial advantage over other bidders are the types of irregularities that could be waived by public officials in awarding contracts. Bidding requirements are for the benefit of the City and not for the benefit of other or higher bidders. If a public owner has a reasonable basis for concluding the low bidder is responsible, it is entitled to waive the immaterial irregularities and/or accept substantially similar qualifications. CK May’s failure to provide the Certification Regarding Debarment at the time of the bid is an irregularity that did not involve price, time, or changes in the work. It is recommended that the omission be waived as an immaterial irregularity and award made to CK May Construction, Inc. The effect of such a waiver will not deprive the City of its assurances that the contract will be entered into, performed and guaranteed according to the specified requirements, nor will such a waiver adversely affect competitive bidding by placing CK May in a position of advantage over other bidders. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove, reject the low bidder due to the irregularity and award to the next low bidder, or reject all bids and re-advertise at a later date. FISCAL EFFECTS:This project will be financed with cash-on-hand in the Water Impact Fee Fund and a loan from the DNRC’s Drinking Water State Revolving Loan Program. The project budget includes this full bid amount for construction costs ($4,105,303.90), as well as construction management and project contingency and other loan requirements. This project was included in our recent rates and our current water rates anticipated debt service payments and revenue coverage requirements to build this project. Our current capital improvement program includes annual debt service payments in the Water Impact Fee fund for this project. Attachments: Notice of Award, Bid Tabulation, Award Recommendation, DEQ Award Authorization, Letter from Nord Formal Bid Protest.pdf Report compiled on: August 19, 2021 61 62 63 64 65 66 67 68 69 70 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Drainage Easement, Public Street and Utility Easement, Public Utility Easement, Public Water and Sewer Easement with Haven for the Haven Site Plan (20451) MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign an Irrevocable Offer of Dedication, Drainage Easement, Public Street and Utility Easement, Public Utility Easement, Public Water and Sewer Easement with Haven for the Haven Site Plan (20451). 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: Irrevocable Offer of Dedication Drainage Easement Public Street and Utility Easement Public Utility Easement Public Water and Sewer Easement Report compiled on: August 20, 2021 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Drainage Easement, Public Access Easement, Public Pedestrian Access Easement, and a Utility Easement with Glacier Bank for the First Security Bank Site Plan (21044) MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Drainage Easement, Public Access Easement, Public Pedestrian Access Easement, and a Utility Easement with Glacier Bank for the First Security Bank Site Plan (21044). 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: Drainage Easement Public Access Easement Public Pedestrian Access Easement Utility Easement Report compiled on: August 30, 2021 93 94 95 96 97 98 99 100 101 102 103 104 105 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 ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and Right-of-Way documents with ExxonMobil 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:None. There is no cost associated with this Right of Entry Agreement. Attachments: 20210824_ExxonMobil_right of entry_w-Fig1.pdf 106 Report compiled on: August 3, 2021 107 ExxonMobil Pipeline Company Harry Janke 22777 Springwoods Village Parkway Vice President Spring, Texas 77389 Business Development & Joint Interest (832) 624-7903 Telephone (281) 753-8606 Mobile harry.janke@exxonmobil.com August 24, 2021 Mr. Taylor Lonsdale Engineer City of Bozeman 20 E Olive St # 202 Bozeman, MT 59715 RE: Letter Agreement for Right of Entry to conduct road construction activities to tie-in to Exxon Mobil Corporation’s existing approach at Griffin Drive and perform grading work on the north side of Exxon Mobil Corporation’s Terminal Fee Property, being a tract of land, known as Tract C-1 (Remainder), C.O.S. 205, located in the NW1/4, Section 6, Township 2 South, Range 6 East, M.P.M., containing 13 acres more or less, situated in Gallatin County, Montana Dear Mr. Lonsdale: This letter is in response to a request from the City of Bozeman (“COB”), for Right of Entry to the above referenced Exxon Mobil Corporation (“EMC”) property, for the purpose of conducting road construction activities to tie-in to EMC’s existing approach at Griffin Drive and perform grading work on the north side of EMC’s Terminal Fee Property (the “Work”). Please be advised that EMC does grant said request, pursuant to the following terms and conditions: 1. The term of this Letter Agreement shall be for a maximum of 90 days, commencing September 1, 2021, unless subsequently amended in writing by mutual agreement of EMC and COB. 2. COB’s vehicular access to, from and across EMC’s property shall be limited to the ”Temporary Construction Area” identified in the attached Figure 1. COB, its subsidiaries, affiliates, contractors and agents shall give 24-hour written notification via email to EMC’s Bry Allen prior to entering the property for activities that will not restrict traffic or block access to EMC’s property. 3. COB, its subsidiaries, affiliates, contractors, and agents agree to notify via email to EMC’s Bry Allen of its work schedule and confine its work to those hours. Any night or weekend access will require EMC’s prior consent. 4. COB, its employees, contractors and agents shall not store hazardous materials of any nature upon EMPCo’s property. Additionally, COB shall not permit equipment maintenance of any kind to be performed upon EMC’s property. 5. COB shall be responsible to promptly reimburse EMC, upon receipt of EMC’s invoice, for the cost of repair of EMC’s property, including roadways, resulting from damage incurred as a result of COB’s, its employee’s, contractor’s and agent’s activities upon said property, normal wear and tear excepted. EMC shall be responsible for removing existing fencing located in the right-of-way for Griffin Drive as identified in the attached Figure 1 (the “Relocated Fence”). COB shall be responsible for installing temporary fencing and providing security to EMC’s standards when the Relocated Fence is removed. COB and EMC shall mutually agree upon the temporary fencing to be installed and security to be provided prior to the Relocated Fence removal. Once the Work is complete, COB shall remove the temporary fencing and EMC shall install permanent fencing outside the right- of-way for Griffin Drive. 6. COB, its employees, contractors and agents shall at all times conduct its activities in a safe, responsible manner while upon EMC’s property, complying with all existing EMC’s local and corporate policies and procedures. 7. COB, its employees, contractors and agents shall not at any time restrict traffic or block access to EMC’s property, unless COB, its subsidiaries, affiliates, contractors and agents give 72-hour written notification via email to EMC’s Bry Allen prior to restricting traffic or blocking access to EMC’s property. All proposed traffic and access restrictions will not last for more than 4 hours at a time and will not be between EMC’s peak business hours of 6am to 3pm. 8. To the extent allowed by law, COB shall defend, indemnify and hold harmless EMC and its parents, subsidiaries, affiliates, successors, assigns, and their respective directors, officers, employees, shareholders, representatives and agents, except to the 108 Page 2 of 2 City of Bozeman August 24, 2021 extent arising out of the negligence, gross negligence or intentional misconduct of EMC, its agents or employees, from and against any and all claims, damages, losses, liabilities, expenses, lawsuits, deficiencies, interest and penalties, including reasonable attorney’s fees, resulting from COB’s, its employee’s, contractor’s and agent’s exercise of its rights hereunder. 9. The rights granted under this Letter Agreement may be terminated by either party upon delivery in writing to the other party within 48 hours of its intent to do so. 10. No excavation or digging of any sort is permitted on EMC referenced property without prior approval. 11. COB will not allow any samples to be collected. This letter does not grant consent of any geotechnical or environmental investigations. 12. This Letter Agreement is personal to COB and may not be sold, transferred or assigned. 13. COB acknowledges that execution of this Letter Agreement grants no other rights other than the above, nor does it imply that additional rights or permissions will be granted for future projects or construction. 14. All communication pursuant to this agreement may be made: Bry Allen Bozeman Terminal Foreman 220 West Griffin Drive Bozeman, MT 59715 406-586-6927 bry.allen@exxonmobil.com If COB is agreeable to the specified terms and conditions of this agreement, please have an authorized representative sign in the space provided below and return to Mike McNally at ExxonMobil Pipeline Company, 607 ExxonMobil Road, Billings, MT 59101. Very truly yours, Harry Janke Agent and Attorney-in-Fact, Exxon Mobil Corporation City of Bozeman By:___________________________ Title:___________________________ Date: _____________, 2021 109 110 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Andy Knight, Deputy Chief of Police SUBJECT:Authorize the City Manager to Sign a Purchase Agreement for a Police Canine, Including the Training of a New Handler MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a $12,400 Purchase Agreement from Molly McKinney to purchase a fully trained replacement canine and related training of a new handler. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Bozeman Police Department currently utilizes canine (K9) dogs, handled by trained police officers, for a myriad of law enforcement related actions. These K9s are consistently trained and routinely deployed in narcotics detection, the tracking of missing persons and fugitives, and the location of evidence. K9s assist in supporting search warrants or to support criminal charges, and are recognized by courts as reliable sources for the development of probable cause for investigative purposes. The current Bozeman Police Department K9 is not trained to detect the presence of marijuana, and the proposed new K9 will not be trained to detect it either. The Bozeman Police Department has consistently maintained two K9s and handlers and have found this to be the optimal number for balancing costs while providing availability throughout the course of a week. In the spring of 2021, one of the two Bozeman Police Department K9s was retired from service and the new K9 is a replacement. We have tentatively entered into a purchase agreement with Molly McKinney for the purchase of a new, properly trained K9. The agreement and associated cost covers not only the K9 itself, but also full training of the new handler. Ms. McKinney is certified as a Master Trainer of Law Enforcement and Public Service through the American Society of Canine Trainers (ASCT), and provides similar K9’s to other law enforcement agencies. ASCT certified instructors have previously provided K9s and handler training to this department. The previous ASCT K9s provided have been well-trained and reliable and the ASCT program has provided effective training to the department handlers. 111 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:All costs are within the department’s existing FY22 budget allocations. The department has applied for a $10,000 grant through the Montana Department of Justice to help offset the majority of costs for the new K9. Attachments: Purchase Agreement for Police Canine.pdf Report compiled on: September 2, 2021 112 Agreement for Purchase of Police Canine FY 2021 Page 1 of 10 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Molly McKinney, 2 CreekSide Lane, Clancy MT 59634, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in “Property and Services Purchased”, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay $12,400 (Twelve Thousand Four Hundred dollars) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. 113 Agreement for Purchase of Police Canine FY 2021 Page 2 of 10 Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than October 15th, 2021. Delivery will occur at the start of the handler training at a location to be determined in Helena Montana, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non- conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 114 Agreement for Purchase of Police Canine FY 2021 Page 3 of 10 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 115 Agreement for Purchase of Police Canine FY 2021 Page 4 of 10 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Seller shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 116 Agreement for Purchase of Police Canine FY 2021 Page 5 of 10 15. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 16. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 117 Agreement for Purchase of Police Canine FY 2021 Page 6 of 10 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 118 Agreement for Purchase of Police Canine FY 2021 Page 7 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By___________________________ By____________________________ Jeff Mihelich City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 119 Agreement for Purchase of Police Canine FY 2021 Page 8 of 10 Exhibit A “Property and Services Purchased” One canine trained in the following areas of development: Dual Purpose: Narcotic Detection, Tracking, Obedience, Agility. Full health guarantee on canine. Canine will have hips rated as fit to work by a veterinarian and will be free of all parasites – internal and external. The overall health of dog will be satisfactory, upon delivery. The services being purchased (“Services”) consist of: A two-week handling school (further time allowed, if needed, without further cost). The handling school will include: manuals, written materials. Canine delivery will occur upon completion of basic school. ASCT national certifications will be issued upon completion of basic school. Full service life guarantee on training. Canine will perform to ASCT standards for service life of canine. See specific guarantee on reverse. Full lifetime maintenance contract. See specific guarantee. 120 Agreement for Purchase of Police Canine FY 2021 Page 9 of 10 Exhibit B “Warranties” Canine is stated to be completely trained in all areas indicated on front of agreement. If said canine fails to meet ASCT requirements, the seller will resolve the difficulty in the following order: canine and handler will be evaluated by seller {if handler error is noted, agency will be notified. Handler may be instructed, at sellers’ discretion, for a period of time, in efforts of eliminating problem. If problem continues, seller will recommend handler change or have the handler repeat the basic school. Expense will occur for all evaluations and for repeat training, in the event of handler error} – {if canine error is found, handler and canine will be assisted for a period of time at seller’s discretion to alleviate problem. If problem continues, canine may be retrained, replaced or both, at sellers discretion}. This guarantee is in effect for the service life of the canine. National service life time averages are five years from canine delivery date. Guarantee is not to exceed five years active service life. It does not withstand any injuries to dog nor will it be effective in the event of handler negligence, mistreatment, or handler’s failure to follow precise ASCT maintenance instructions, that are set forth in handling school or otherwise. Handler must remain ASCT certified for contract to remain valid. Training guarantee is valid only as long as proper maintenance is distributed, according to ASCT instructions. Training guarantee becomes void if handler fails to contact instructor to report in, during street service, at the times designated during handling school. Any failure to certify, re-certify, or fail to follow ASCT certification protocol, will result in contract becoming void and/or handler losing certification. HEALTH GUARANTEE Canine is said to be in good health at time of delivery. Buyer will have seven (7) days, from date of delivery, to have canine examined by veterinarian of choice, during which any major health related expenses (not including exam, tests, and preventative care) will be the responsibility of the seller. The canine will have hips rated as fit to work by a veterinarian and will be free of other genetic bone disorders, at time of delivery (this does not apply to the risks of dysplastic hips but to the actual effect on the animals abilities to perform). Injuries, teeth or mouth related problems would not be warranted. In the event of a health discrepancy, the seller will attempt the following: buyers’ veterinarian will evaluate canine. A veterinarian of sellers’ choice will then evaluate canine. In case of conflicting opinions, a third veterinarian of sellers’ choice will evaluate said canine. Upon determining that the coverage falls within the realm of this contract, the canine will be treated, replaced or both, at the discretion of the seller and within the sellers time establishment. It will be the sellers’ sole discretion to allow the canine to remain on duty, if such conditions apply, until such time as 121 Agreement for Purchase of Police Canine FY 2021 Page 10 of 10 seller determines the canine unfit for duty. MAINTENANCE GUARANTEE The handler will be guaranteed continued opportunity for training for service life of canine. This service will be offered through phone, video, written information, schools and seminars. The Seller will offer one full day of training to the buyer without charge, each year (expenses not included). Handler will be offered several schools of attendance and may offer to host a school to offset cost. However, handler must make attempts to attend at least one advanced school per year in order for contract to remain valid. 122 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the East Gallatin River MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging station on the East Gallatin River. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The U.S. Geological Survey operates a real-time streamflow gaging station on the East Gallatin River near the City’s Water Reclamation Facility on Springhill Road. The gage records continuous real-time streamflow data which is made publicly available on the USGS website. Real-time flow data on the East Gallatin River is important to the city for many reasons: flood warnings, tracking long-term water availability trends, and wastewater discharge permit compliance. The City and USGS have historically partnered on funding the annual maintenance and operations expenses of the gage. The Joint Funding Agreement attached sets forth the cost-share between the parties for the 2022 federal fiscal year. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The city’s cost share per the federal FY22 Joint Funding Agreement is $10,380. The approved FY22 Wastewater Reclamation Facility budget includes a $10,500 line item to cover this annual expenditure. Attachments: Joint Funding Agreement_Federal FY22.pdf Report compiled on: September 2, 2021 123 Form 9‐1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 22RSJFA005 Project #: RS00FN6 TIN #: 81‐6001238 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2021, by the U.S. GEOLOGICAL SURVEY, Wyoming- Montana Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Bozeman party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) $6,920 by the party of the first part during the period October 1, 2021 to September 30, 2022 (b) $10,380 by the party of the second part during the period October 1, 2021 to September 30, 2022 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). 124 9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Brian Loving Supervisory Hydrologist Address: 521 Progress Circle Suite 6 Cheyenne, WY 82007-9660 Telephone: (307) 775-9174 Fax: Email: bloving@usgs.gov Customer Technical Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: Email: bheaston@bozeman.net USGS Billing Point of Contact Name: Jennifer Walgrave Budget Analyst Address: 3162 Bozeman Ave Helena, MT 59601 Telephone: (406) 457-5916 Fax: (406) 457-5990 Email: jwalgrave@usgs.gov Customer Billing Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: Email: bheaston@bozeman.net U.S. Geological Survey United States Department of Interior Signature By_______________________ Date: 09/01/2021 Name: John M Kilpatrick Title: Director City of Bozeman Signatures By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: Form 9‐1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 22RSJFA005 Project #: RS00FN6 TIN #: 81‐6001238 125 Memorandum REPORT TO:City Commission FROM:Anna Rosenberry, Assistant City Manager SUBJECT:Ratify the City Manager's Signature on an Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Ratify the City Manager's Signature on an Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:On June 5, 2020, the City entered into an agreement with Montana State University for testing at the wastewater treatment plant to detect the presence and level of the SARS-COV-2 virus in our community. That agreement has expired and this agreement will secure the same services for the next twelve months. Both the City, the City-County Health Department, and MSU agree that this would be highly beneficial to the community's understanding of the pandemic locally. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:The City will continue to pay a price similar to the previous contract, $13,700 for monthly services. These expenses are eligible under the American Rescue Plan Act. Attachments: Services Agreement_COB and MSU Covid 9 1 2021.pdf Report compiled on: December 21, 2020 126 AGREEMENT FOR SERVICES Between Montana State University and City of Bozeman, Montana This Agreement for Services (“Agreement”) is entered into this ____ day of ______________, 20____, by and between the Parties identified below in exchange for valuable consideration and the terms contained herein, as follows: 1.PARTIES. CITY: Bozeman, 121 N. Rouse Ave., Bozeman, Montana 59715, which has the need for and the authority to contract for materials, work and services and desires to have the CONTRACTOR perform such materials, work, and services as specified in the Statement of Work. CONTRACTOR: Montana State University, 123 Hamilton Hall, Bozeman, MT 59717, which is a state institution of higher education in the State of Montana. The undersigned has authority to enter into this Agreement on CONTRACTOR’S behalf. CONTRACTOR represents it is qualified to provide materials and perform such work and services in a safe and efficient manner to the CITY. 2.STATEMENT OF WORK. CONTRACTOR shall provide all materials and perform all work and services to complete the project as described in the Statement of Work attached as Exhibit A, which exhibit is incorporated herein and made a part of this Agreement by this reference (the “Services”). The CITY may, by written change order, request changes within the general scope of this Agreement and the schedule, specifications, or quantity of work to be performed hereunder. CONTRACTOR shall be entitled to a reasonable period of time to perform or provide said changes as agreed to through such change order. 3. TERM. CONTRACTOR shall commence the Services no later than September 1st, 2021 andcontinue the Services until August 30th, 2022. CONTRACTOR shall perform the Services and all obligations and requirements of this Agreement without delay, time being of the essence. 4.COMPENSATION. CITY agrees to pay CONTRACTOR $181,713.72. CONTRACTOR agrees that the Services shall be provided for this amount. The amount charged or paid under this Agreement shall not exceed the agreed amount, except for change of work orders that shall be considered additional work and shall be agreed to in writing prior to commencement of the additional work. 5.PAYMENT. Payment requests must be submitted to the CITY’s contract representative as identified in Paragraph 6. CONTRACTOR shall submit monthly progress payment requests and final payment requests to the County within 30 days following completion of the work for which payment is requested. Payment requests shall include a billing statement specifically detailing all materials, work, and services set forth in the Statement of Work that have been completed or supplied and all expenses incurred. Expense receipts shall accompany the payment request. Upon receipt of CONTRACTOR’S written payment request, the CITY will assess the work and materials and approve the payment request or provide CONTRACTOR with a written statement detailing items not approved by the CITY and the reason for disapproval. The CITY may disapprove the payment request or a portion thereof based upon: (i) unsatisfactory job progress; (ii) failure to remedy defective construction work or materials; (iii) disputed work or materials; (iv) failure to comply with material provisions of the Agreement or 1st September 21 DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 127 2 | (Ver. 11/2019) accompanying documents, including but not limited to payroll certifications, lien releases, warranties, material certifications, and test data; (v) failure of CONTRACTOR to make timely payment for claims, including but not limited to claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; (vi) damage to the CITY; or (vii) the existence of reasonable evidence that the Agreement cannot be completed for the unpaid balance of the contract sum. All claims for payment are subject to the CITY’s standard claims approval process including, but not limited to, examination and investigation per § 7-6-2407, Montana Code Annotated (MCA). 6.CONTRACT REPRESENTATIVES. CONTRACTOR names LESLIE SCHMIDT or theirdesignee as contact person who shall act as the liaison between the CITY and the CONTRACTOR and respond to requests from the CITY in writing promptly to prevent unreasonable delay in the progress of the Statement of Work and payment. CITY names Anna Rosenberry as their designee as contact person who shall act as a liaison between the CITY and the CONTRACTOR and respond to requests from the CONTRACTOR in writing promptly to prevent unreasonable delay in the progress of the Statement of Work and payment. 7.PUBLIC ACCESS TO INFORMATION. Contractor agrees to share the data with the CITYand has agreed that the data may be posted on any city website. 8.OWNERSHIP AND PUBLICATION OF MATERIALS. Contractor as a state institution of higher education intends to publish works related to the work performed hereunder in scholarly journals. Contractor agrees that the CITY will have a non-exclusive royalty free right to use the data for governmental purposes. 9.DEFAULT, REMEDIES and TERMINATION. The parties agree each term and condition contained in this Agreement is material and of the essence. This Agreement may be terminated by either party should the other party fail to perform in accordance with any term or condition of this Agreement and immediately after such party has failed to cure within ten (10) calendar days after the date of written notice. The CITY may also terminate without cause upon written notice. Should this Agreement terminate for any reason, payment to the CONTRACTOR shall be made on the basis of completed and accepted materials and services performed up to the date of termination and billed to the CITY as provided in Paragraph 5 (Payment) within 30 days of termination. 10.CONTRACTOR ADDITIONAL OBLIGATIONS. CONTRACTOR agrees to comply withthe following additional obligations: (a) provide all labor, materials, equipment, supplies and incidentals necessary to perform and complete the Services; (b) prepare and present such information as may be pertinent and necessary for the CITY to pass critical judgment on the quality of the Services; (c) perform the Services in accordance with generally accepted standards regarding similar type work or services; (d)perform all professional services in connection with the Statement of Work at a standard of similarlysituated professionals in the United States, and to the full satisfaction of the CITY; (e) maintainappropriate safety standards and keep all areas of work and adjacent areas free from foreseeable risks of harm and dangers; (f) immediately inform the CITY of the presence of any hazardous condition or waste or other toxic substance identified in relation to or while performing this Agreement; (g) allow the CITYupon reasonable notice and at reasonable times the right to review, inspect and examineCONTRACTOR'S place of work and all records pertaining to this Agreement; and (h) provide no lessthan a one-year warranty for all work and materials. Further, CONTRACTOR agrees that if it utilizes any CITY property to perform the Services with or without the permission of the CITY, CONTRACTOR does so at its own risk and will assume the risks in relation to such use as set forthherein. DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 128 3 | (Ver. 11/2019) 11.RECORDS. CONTRACTOR shall maintain sufficient records incident to the performance of this Agreement to enable the CITY to document the performance of the Agreement. CONTRACTOR shall allow access to those records by the CITY, any independent auditor employed by the CITY, and to representatives of the state or federal government as required by law. Records shall be retained for at least three years after completion of the Agreement. 12.LAWS AND REGULATIONS. In performance of its obligations herein, CONTRACTOR, its agents, and subcontractors shall comply with all applicable federal, state and local laws, rules and regulations. If during the term of this Agreement new laws or regulations become applicable, CONTRACTOR shall also comply with them without notice from the CITY. CONTRACTOR specifically acknowledges the following provisions of law and its responsibility to abide by the same if such provisions are applicable: a.Montana Labor Preference (§ 18-2-403(1), MCA). For those contracts that exceed $25,000 and the work performed is defined as “public works” pursuant to Section 18-2-401, MCA,CONTRACTOR shall give preference to the employment of bona fide Montana residence in theperformance of this Agreement. b.Prevailing Wage Rates (§ 18-2-403(2), (4), MCA. For those contracts that exceed $25,000 and the work performed is defined as “public works” pursuant to Section 18-2-401, MCA, CONTRACTOR must pay the standard prevailing wage rates, fringe benefits, pensioncontributions and travel allowances in effect and applicable to the City of Bozeman, Montana.The current standard prevailing wage rates published by the Montana Department of Labor andIndustry for job classifications necessary to complete the Statement of Work are incorporated by reference into this Agreement. Contractor shall maintain payroll records in a manner readily capable of being certified for submission under § 18-2-423, MCA, for not less than 3 years aftercompletion of the work and post a statement of wages and fringe benefits in compliance with §18-2-423, MCA. If any contract exceeds 30 months, the prevailing wage must be increased 3%after the first 12 months and every 12 months thereafter. Questions regarding the requirements of this section should be directed to the Montana Department of Labor and Industry, Labor Standards Bureau. c.Equal Opportunity (§ 49-3-207, MCA). CONTRACTOR agrees that, in the performance of thisAgreement, all hiring will be on the basis of merit and qualifications and CONTRACTOR willnot discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. d.Safety. CONTRACTOR, on behalf of itself and CITY, assumes sole responsibility for initiating,maintaining and supervising all health and safety precautions and programs for all employees,subcontractors, and consultants in connection with the performance of this Agreement.CONTRACTOR shall ensure that its employees, consultants, and subcontractors are adequately and appropriately trained pursuant to the Montana Safety Culture Act, Title 39, Chapter 71, Part 15, MCA. CONTRACTOR shall also comply with the safety rules, codes, and provisions foroccupational health and safety under Title 50, Chapter 71, MCA. e.Professions and Occupations. CONTRACTOR shall ensure all work and services undertaken forthe COUNTY meet the applicable requirements of Title 37, MCA. All work and services undertaken by licensed professionals, such as surveyors, architects and engineers, shall be completed, signed, and stamped by the licensed professionals. DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 129 4 | (Ver. 11/2019) 13.LIENS. CONTRACTOR shall pay all valid bills and charges for material and labor incurred by it and arising out of the Statement of Work and CITY shall not be responsible for any liens and claims of liens or services, labor and materials. As evidence of payment of laborers, mechanics, material suppliers, consultants and subcontractors, CONTRACTOR may be required to submit lien waivers. CONTRACTOR also may be required to submit lien waivers for its work, materials, or services. CONTRACTOR shall provide CITY, as requested, the identity of CONTRACTOR’S of laborers, mechanics, material suppliers, consultants and subcontractors. 14.LIABILITY. MSU shall be liable for the wrongful and negligent acts and omissions of itsemployees, officers, and agents when acting within their scope of employment, to the extent permitted under the Montana Tort Claims Act (Title 2, Ch. 9, Montana Code Annotated). Nothing in this agreement, however, shall be construed as an express or implied waiver by MSU of any applicable governmental or sovereign immunity, as an express or implied acceptance by MSU of liabilities arising as a result of actions which lie in tort in excess of any liabilities allowable under the applicable state law, as a pledge of the full faith and credit of any state or as the assumption by MSU of a debt, contract or liability in violation of applicable law. 15.INSURANCE. Montana State University, as a state agency, warrants and represents that it is self-funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated 16.INDEPENDENT CONTRACTOR. CONTRACTOR, its consultants and subcontractors, are atall times be considered independent contractors engaged in an independently established business or profession and rendering work and services in the course of such business as an independent contractor. Statement. CONTRACTOR will perform and provide the Services free from the supervision, direction, and control of the CITY, except to specify the time and place of performance. CONTRACTOR shall not be entitled to workers’ compensation or other benefits of employment with the CITY. The CITY is not responsible for the provision, security, or protection of CONTRACTOR’s supplies or equipment. CONTRACTOR shall be responsible for payment of all taxes arising out of the CONTRACTOR’s activities provided under this Agreement, including, but not limited to, federal and state income tax, social security tax, unemployment insurance tax, and all other taxes and fees as may be required by law. 17.WORKERS COMPENSATION. As an independent contractor, CONTRACTOR must provideWorkers’ Compensation for all employees in the amount required by Montana law. CONTRACTOR shall supply a Certificate of Insurance showing compliance with Montana Workers’ Compensation law, or an Independent Contractor Exemption Certificate demonstrating exemption therefrom, to the CITY with the signed return of this Agreement. CONTRACTOR shall promptly notify the CITY of any change in the status of CONTRACTOR’s workers’ compensation insurance coverage or Independent Contractor Exemption Certificate. 18. PAYMENT AND PERFORMANCE BONDS. CONTRACTOR is required to post the following bonds in an amount no less than the sum of the contract price (check applicable boxes): □Performance Bond □ Payment Bond □X No Bonds. Bond documents must be delivered to theCounty with the signed return of this Agreement. When a Performance Bond is required, such bond shall DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 130 5 | (Ver. 11/2019) guarantee CONTRACTOR’s faithful performance of all of the provisions of this Agreement. When a Payment Bond is required, such bond shall guarantee CONTRACTOR’S payment of all laborers, mechanics, subcontractors, material suppliers, and all persons who supply CONTRACTOR or its subcontractors with provisions, provender, material or supplies for performing this Agreement. Bonds must be issued by a surety company licensed in the State of Montana. Bonds shall be in an amount equal to the full contract price agreed to be paid for the work or improvement and must be made to the CITY 19.ATTORNEY'S FEES. If it is necessary for either party to bring an action to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees to be set by the appropriate court, including fees of the Bozeman City Attorney and the attorney for Montana State University. 20.VENUE. An action to enforce this Agreement shall be brought in the Eighteenth Judicial District Court of Montana. 21.NOTICE. All notices and certifications made pursuant to this Agreement shall be delivered tothe addresses in Paragraph 1 above by certified mail or personal delivery in care of the party’s representative named above at Paragraph 6. A party shall give the other prompt notice of any change in address. 22.INTERPRETATION. This Agreement shall be governed and interpreted according to the laws of the State of Montana. Section headings are for convenience only and are not intended to define or limit any provisions of this Agreement. The provisions of this Agreement are independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision. Both parties having been given an opportunity to have this Agreement reviewed by others, the Rule of Construction providing that the Agreement shall be construed against the drafter will not be used in the interpretation of this Agreement. 23.ENTIRE AGREEMENT. This document represents the entire and integrated agreementbetween the CITY and CONTRACTOR and supersedes all prior negotiations, agreements or representations, either written or oral. 24.NON-WAIVER. No delay or failure by either party to enforce or assert any right, claim, defense, remedy, or provision of this Agreement shall operate as any waiver of any such right, claim, defense, or remedy. 25.NON-ASSIGNMENT. It is expressly agreed that this Agreement shall not be assigned, in wholeor in part, without the prior written consent of the CITY. Such consent shall not be unreasonably withheld. 26.SUCCESSORS. This Agreement shall be binding upon, inure to the benefit of, and beenforceable by the parties hereto and their respective heirs, successors, and assigns. 27.EXECUTION OF AGREEMENT. The Gallatin County Clerk and Recorder will keep theoriginal Agreement. An exact unaltered copy of the original Agreement has the same force and effect as the original. To the extent required by § 18-2-404, MCA approval by the Office of the Gallatin County Attorney is made when this form Agreement is utilized without substantive changes. 28.AMENDMENT. This Agreement may only be amended by mutual written Agreement of bothparties. DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 131 6 | (Ver. 11/2019) 29.REMEDIES CUMULATIVE. The remedies given in this Agreement to either party shall be cumulative, and the exercise of any one remedy by either party shall not be to the exclusion of any other remedy. 30.SURVIVAL. The following provisions shall survive any termination or expiration of thisAgreement: Paragraph 7 (Public Access to Information); Paragraph 8 (Ownership and Publication of Materials; Paragraph 14 (Liability); and the general terms at Paragraphs 19 through 29. IN WITNESS WHEREOF the parties have signed this Agreement for Services. CONTRACTOR CITY _______________________ _________________________ _______________________ _________________________ Name: Leslie Schmidt Name: _______________________ _________________________ Title: Associate VP for Research, Economic Development Title: & Graduate Education DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB City Manager Jeff Mihelich City of BozemanMontana State University 132 7 | (Ver. 11/2019) EXHIBIT A STATEMENT OF WORK CONTRACTOR shall provide the CITY with the materials, work, and services described in this Statement of Work. This Statement of Work is governed by and subject to the Agreement for Services entered between CONTRACTOR and the CITY and is incorporated into that Agreement by this reference. Fecal shedding of SARS-CoV-2 by presymptomatic, asymptomatic and symptomatic individuals provides an opportunity to quantify community-level disease burden without the regulatory and logistical hurdles common to epidemiologic studies with human subjects. The CONTRACTOR proposes ongoing longitudinal monitoring of SARS-CoV-2 RNA levels at the Bozeman Wastewater Reclamation facility. CONTRACTOR agrees to: 1. SARS-CoV-2 levels in CITY OF BOZEMAN will be quantified using the CDC test kits (CDC 2019-nCoV Real-Time RT-PCR Diagnostic Panel). Data will be reported in genome equivalents andconcentrations will be estimated based on a standard curve.2.Data will be provided to the CITY OF BOZEMAN in tables and in graphs that plot viral RNAconcentrations overtime. 3. Samples will be collected weekly and processed. Results to be communicated to CITY staff weekly in the form of the amount of virus per Liter of wastewater. These data will be used tomonitor the levels of virus coming from members of the community and to determine if levels aretrending up (increasing) or down (decreasing). As such, they should add validation to decisions onCOVID-19 management based on overt disease (i.e. number of cases, number of deaths, etc). 4.Samples will be processed and concentrated the same day they are collected. RT-qPCR will be performed, and results will be available within 48 hours. Results from the prior week will be sharedwith CITY staff no later than Tuesday of the following week.The CITY agrees to assist with CONTRACTOR’s performance of the Agreement by doing orproviding the following: Gallatin City-County Health Department (GCCHD) staff will work with MSU and CITY OF BOZEMAN city/public managers to identify an appropriate sampling site to obtain weekly samples. DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 133 8 | (Ver. 11/2019) Exhibit B Page 1 of 1 STATEMENT OF COST Required materials Quantity Cost Consumed Cost/sample Concentration membrane filters (5 and 20 micron) 100 $195 30 $58.50 Final membrane filter (0.45 micron) 200 $257.37 30 $38.61 Concentrators (100 kDa cut-off), 20 mL 12 $121.41 16 $161.88 Concentrators (100 kDa cut-off), 6 mL 25 $138.83 3 $16.66 RNeasy Mini Kit (250) 250 $1451.00 3 $17.41 2019-nCoV CDC EUA Kit (IDT DNA) 500 $125 25 $6.25 TaqPath 1-Step RT-qPCR Master Mix 1000 $2,060.00 70 $144.20 Positive template control (IDT DNA) 2500 $135 36 $0.97 General consumables (Pipet tips, PCR plates, bleach, wipes, etc) $150.00 Materials Sub-Total per sample $594.48 Materials Sub-Total per Month (2 samples/week x 4 weeks/month) $4,755.84 Personnel Hours/week Rate/hour Rate per Month Anna Nemudraia (Postdoctoral Researcher) 24 $25.00 $2,400.00 Artem Nemudryi (Postdoctoral Researcher) 24 $25.00 $2,400.00 Helen Lee (Technician) 12 $20.00 $960 Personnel Sub-Total per Month $4,800.00 Direct Cost per Month $ 9,555.84 MSU Indirect Cost Rate (44%) $4,204.57 Total Cost per Month $13,760,41 Total Cost for 12 months $181,713.72 DocuSign Envelope ID: 6E8A8024-38E1-4AF8-9FA0-A856DA7E77DB 134 Memorandum REPORT TO:City Commission FROM:Kevin Handelin, Solid Waste Superintendent Anna Saverud, Assistant City Attorney SUBJECT:Authorize the City Manager to Sign an Interlocal Site License Agreement for Operation of Convenience Site Between the Gallatin County Solid Waste Management District, Gallatin County and the City MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:I move to authorize the City Manager's to sign the Interlocal Site License Agreement for Operation of Convenience Site and Household Hazardous Waste Facility among the Gallatin County Solid Waste Management District, Gallatin County and the City of Bozeman STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman Convenience Site opened in 2008 to allow non-commercial residents of the Gallatin Solid Waste Management District a convenient location to dispose of small quantities of regular household waste. The Site is on property owned by the City of Bozeman but is exclusively run by the Gallatin Solid Waste Management District. This Interlocal Site License Agreement replaces a previous agreement that has expired and discusses the rights and responsibilities of the signatories regarding the activities at the Bozeman Convenience Site. This Agreement was approved by the District on August 25, 2021 and it is anticipated the County Commission will approve the Agreement at their regularly scheduled meeting on September 14, 2021. UNRESOLVED ISSUES:None. ALTERNATIVES:Alternatives include allowing the District to operate the convenience site without an agreement in place as the previous one has expired, or closing the convenience site operated on City Property. FISCAL EFFECTS:None. Attachments: BCSAgreement Final Ex A (002).pdf 135 Report compiled on: September 3, 2021 136 INTERLOCAL SITE LICENSE AGREEMENT FOR OPERATION OF CONVENIENCE SITE AND HOUSEHOLD HAZARDOUS WASTE FACILITY AMONG THE GALLATIN COUNTY SOLID WASTE MANAGEMENT DISTRICT, GALLATIN COUNTY, AND THE CITY OF BOZEMAN This Interlocal Site License Agreement (“Agreement”) for the operation of the Convenience Site and Household Hazardous Waste Facility located on the City of Bozeman Landfill property at 2143 Story Mill Road takes effect on the 1ST day of July, 2021, by and among: GALLATIN COUNTY SOLID WASTE MANAGEMENT DISTRICT (District) , a special district created by the Board of Gallatin County Commissioners and operating within Gallatin County, Montana, located at 10585 Two Dog Road, Manhattan, Montana, 59741 and with a mailing address of P.O. Box 461, Three Forks, Montana, 59752; and GALLATIN COUNTY (County), 311 West Main Street, Room 304, Bozeman, Montana, 59715, a political subdivision of the State of Montana; and THE CITY OF BOZEMAN (City), 121 North Rouse, P. O. Box 1230, Bozeman, MT 59771-1230, a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana; All collectively referred to herein as “the Parties”. RECITALS 1. Whereas, the Gallatin County Solid Waste Management District (District) was created on May 20, 2003, by the County to provide structured management of the Logan Landfill and any future solid waste management systems in the District; to provide a distinct entity under Montana law with the financial resources to fairly and properly carry out waste management duties and responsibilities; and to provide an opportunity to perform alternative methods of collection and disposal of solid waste, such as recycling and composting (Gallatin County Commission Resolution 2003-054); 2. Whereas, in the summer of 2007, the District was expanded to include the cities of Belgrade and Bozeman within its boundaries (Gallatin County Commission Resolution 2007-089). 3. Whereas, the City owns real property known as the Story Mill Landfill (“Landfill”) and the Parties desire the District to continue to operate a convenience site on the City’s property. 4. Whereas, the original Interlocal Agreement governing the City joining the District provides that the purchase and installation of the Bozeman Convenience Site (“BCS”) (solid waste disposal, composting, and recycling) and a Household 137 Hazardous Waste Station (“HHWS”) will be made by the City and will be located at the Landfill and that the City and District will negotiate a long term agreement to have the District pay for the operational costs of maintaining the BCS once the City closes its existing Class II cell. This agreement became effective July 1, 2008. The City purchased the HHWS and it was installed pursuant to the original Interlocal Agreement. 5. Whereas, the Parties have the authority to enter into this agreement pursuant to Sections 7-11-101 through 7-11-108, MCA, Resolution 2007-089, and § 75-10-112(19)MCA. NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals and the terms contained herein, the Parties agree as follows: 1. Purpose of Interlocal Agreement. The purpose of this Agreement is to establish the rights and duties of the Parties regarding improvements to the Landfill and management of the BCS and HHWS. 2. Separate Legal Entity. There shall be no separate legal entity created as a conse- quence of this Agreement. 3. License. The City hereby grants exclusive permission, revocable and terminable as provided herein, to the District for the District’s use of a portion of the Landfill real property as shown on Exhibit A (the “Site”) for the operation of the BCS and the HHWS during the period of July 1, 2021 through June 30, 2026, and only on the terms and conditions set forth herein, which the District promises to comply with and abide by. Such right shall include the right to use the Site solely for the purposes described herein. The District agrees to comply with all City ordinances and other rules and regulations including state and federal law regarding permits and approvals related to activities conducted on the Site and operations on the Site as well as those of any other governmental entity having jurisdiction. 4. Title. The District hereby acknowledges the City grants it a license for the use of the Site and that this license grants a privilege and not an interest in real property or any claim to the title of the City to the Site and the District agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Site by virtue of this Agreement or the District’s occupancy or use hereunder. The City may enter the Site at any time to assert its real property interests or for other purposes which do not unreasonably interfere with the activities of the District. 138 Upon termination of this Agreement, title to all permanent improvements on the Site and on public rights-of-way adjacent to the Site made by the District, if any, shall vest in the City, free and clear of all debts, liens and encumbrances. All other improvements of a nonpermanent nature and all trade fixtures, machinery and furnishings made or installed by the District, including all assets listed at Section 6 (Assets), may be removed from the Site at any time by the District or County unless such removal will damage the realty and/or permanent improvements of the Site. The Parties agree that, as of the date of this Agreement, the only permanent improvements located at the Site and to which title will vest in the City upon termination hereof, are the HHWS building and the concretes pad upon which the HHWS and BCS buildings are located. 5. Operations of the BCS and HHWS. a. The District, in consultation with the City and County, will determine the hours of operation, staffing levels, fee schedules, and what items will be accepted for disposal at the BCS. b. The District will keep the BCS open a minimum of five days per week, at least through the spring/summer/fall months whenever practicable, excluding public holidays. c. The District will consult with the City prior to any increase of the tipping fee at the BCS. The parties agree the fee should not discourage people from using the BCS or HHWS. d. The City will operate the compost facility (grass and brush ¼” or less in diameter) located on the landfill property. The District will collect the tipping fee from compost customers and will submit 80% of the amount collected to the City. The remaining 20% will be retained by the District for their expenses associated with collecting the funds. The funds will be submitted from the District to the City a minimum of once per quarter. The District must provide statements to the City reflecting tipping fees collected for compost services on at least a quarterly basis. e. The District will collect and maintain in a roll-off box the white goods/metal located on the Site. The District will arrange for the sale of the white goods/metal, and will retain all revenue received. f. The District will operate the HHWS at the Site. The HHWS will be opened at the Site a minimum of one day per month. 139 g. The District will accept clean wood waste (brush) from the City free of charge, as long as the District is operating a clean wood waste collection program. h. The District will ensure the land in and adjacent to the BCS will be adequately maintained, including, but not necessarily limited to: litter pickup; grass and weed mowing; watering of trees and other vegetation; grading/graveling/asphalt repair of driving aisles and parking areas; snow removal. i. The City will maintain the main driving aisle surfaces from the gate on Story Mill Road to the clean wood and compost areas, including asphalt repair and snow removal, as well as the fences and electronic gate on the landfill site in a manner suitable to the City. If the District desires additional maintenance, they may do so at their own expense. j. The District will pay all utility charges related to the BCS and HHWS. k. If at any time the District abandons the operation of the BCS or HHWS or terminates this Agreement, the buildings, facility and area will be left in a well maintained condition, subject to the District’s and County’s rights of removal pursuant to Section 4 (Title). l. The District must ensure its operations comply with best practices for solid waste handling and management and all state and federal laws. m. For other than routine facility site maintenance or waste hauling, the County and District will restrict its employees’ access to the BCS to the times at which the BCS is open to the public, during normal City business hours. Whenever practicable, the County and District employees and contractors shall conduct maintenance and repairs, and service equipment and roll-off containers during normal City business hours. For other than routine facility site maintenance or waste hauling, the County and District will advise the City if County or District employees will be on-site during hours the BCS or HHWS is not open to the public. In the event of an emergency and/or after-hour alarm responses, and as provided herein, County and District employees may access the Site outside normal City business hours n. City operations may continue within the Landfill property that will require City employee and contractor access through the main gate. City employees and contractors not in a city vehicle will be required to stop at the scale house to advise the scale attendant of their presence for City business. 140 o. It shall be understood that the responsibility for protection and safekeeping of the District and County employees, contractors, equipment, and materials on or near the Site will be entirely that of the District and County. Assets. The City understands the District owns the following assets located at the Site: the scale house; stationary compactor; portable scale; security camera system; CAT 305 mini-excavator; roll-off boxes and recycle bins; the storage building; and all contents located within the HHWS, BCS, and storage buildings including, but not limited to, the computers, WasteWorks hardware, printers, cash register, tools, and any other contents in the buildings, with the exception of the City Radio and Methane Gas Monitoring System located in the scale house. The District will assume all maintenance and upkeep of all District assets. The District may locate other nonpermanent property at the BCS and HHWS for day-to-day operations. 7. Indemnification/Insurance. The parties agree that the Bozeman Convenience Site Indemnity Agreement entered into by the parties in 2008, remains in full force and effect. For the day to day conduct, action and operations of the District at the BCS during the term of this agreement, the following indemnity and insurance is required. a. To the fullest extent permitted by law, the District recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith, regardless of the cause or causes thereof or the negligence of any party or parties that the above may be asserted against, recovered from or that may be suffered by the City and its agents, representatives, employees, and officers, occasioned by, growing or arising out of or resulting from or in any way related to: (i) the occupation or use of the Site by the District; (ii) the negligent, reckless, or intentional misconduct of the District, their officers, employees, or agents on or related to the Site or use of the Site by the District; and (iii) any negligent, reckless, or intentional misconduct of any of the District’s guests, invitees, contractors, or subcontractors on or related to the Site. b. The District’s obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). 141 c. The District’s indemnity obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City and its agents, representatives, employees, and officers described herein be required to bring an action against the District to assert its right to defense or indemnification under this Agreement, the City and its agents, representatives, employees, and officers 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 District was obligated to defend the claim(s) or were obligated to indemnify the City and its agents, representatives, employees, and officers for a claim, demand, action, etc. or any portion(s) thereof. In the event of an action filed against the City resulting from the District’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. The District shall include in all its contracts, agreements, work order, services orders or any other written or oral request for work on the Site wherein such work or actions occurs in any part on the Site that any such contractor, person or entity performing any such work on the Site fully release the City and its agents, representatives, employees, and officers in writing to the same extent and under the same terms and conditions as the District is required pursuant to this Agreement and waive all claims of any kind or nature against the City and its agents, representatives, employees, and officers to the same extent as the District is required pursuant to this Agreement. The City and its agents, representatives, employees, and officers may require the District to provide evidence that any of the District’s contractors or persons or entities conducting work on the Site have provided such written release and waiver. d. In addition to and independent from subsection (a), above, during the term of this Agreement, the District or the County shall, at their expense, maintain those insurances as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana with a Best’s rating of no less than A- which insures the liabilities and obligations specifically assumed by Licensees in subsection (a) of this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the District in subsection (a) of this Section nor for any of the District’s activities on the Site. e. The District or County must ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such 142 insurance must remain in place. The District or County shall notify the City within two (2) business days of the District’s or County’s receipt of notice that any required insurance coverage will be terminated or the District’s or County’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. The District or County must obtain the following type of insurance in the amount indicated: • Workers’ Compensation – not less than statutory limits; • Employers’ Liability - $1,000,000 each accident/$1,000,000 disease policy limit/$1,000,000 disease – each employee • Commercial General Liability - $1,000,000 per occurrence; $3,000,000 annual aggregate for bodily injury and property damage; • Pollution Coverage: Pollution coverage maintained by the District must not have any exclusions for the activities of the District at the Site. The coverage must cover the Site and all activities performed by the District at the Site. Coverage limits must exceed the limits listed above for Commercial General Liability. Pollution coverage must be provided by the District to the City on an annual basis. The City, its officers, agents, and employees, must be endorsed as an additional or named insured on a primary non-contributory basis on the County’s Commercial General Liability policy and District’s Pollution policy. 8. Rent. Unless the District requests to expand its use of the Site or requests to expand the services it provides, the City will not charge rent for the use of the Site. 9. Term. This Agreement is effective for a five (5) year term commencing on July 1, 2020 until June 30, 2025, unless terminated upon notice in writing given by either party to the other of not less than thirty (30) days prior to the end of the term, unless sooner terminated as herein provided. 10. Non-discrimination. The County and District shall not discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, 143 marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The District shall require these nondiscrimination terms of its sub-contractors, if any, providing services under this agreement. 11. Protection & Safekeeping of Property. It shall be understood that the responsibility for protection and safekeeping of persons, equipment, and materials on or near the Site will be entirely that of the County and District. 12. Termination. a. If any party fails to comply with any condition of this Agreement at the time or in the manner provided for, a non-breaching party may, at its option, terminate this Agreement and be released from all obligations if default is not cured within thirty (30) calendar days after written notice of the default is provided to the breaching party. Said notice shall set forth the items to be cured. Notices shall be provided in writing and hand- delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement and by email to the Parties’ Representatives. Failure of the District to cure any default shall result in an order by the City’s Representative for the District to cause removal of all personal property from the Site immediately. The District agrees that cessation of activities on the Site for a consecutive period of thirty (30) days or more during the Term may result in termination of this Agreement and the license it authorizes and as such the District agrees the City may order the District to vacate the Site within five (5) business days of written notice for cessation of activities. b. Any party may terminate this Agreement, at their sole option, upon ninety (90) days prior written notice to the other parties. Upon termination, the District must remove their equipment and improvements, and will restore the Site to substantially the condition existing as of the commencement date of its occupation of the Site, normal wear and tear excepted. 13. Representatives. a. City Representative. The City Representative for the purpose of this Agreement shall be Kevin Handelin, Superintendent of the City’s Solid Waste Division or his successor or designee. Whenever approval or authorization from or communication or submission to City is required by 144 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, the District may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. b. District Representative. The District’s Representative for the purpose of this Agreement shall be Jim Simon or his successor or designee. Whenever direction to or communication with District is required by this Agreement, such direction or communication shall be directed to District’s Representative; provided, however, that in exigent circumstances when District’s Representative is not available, the city may direct its direction or communication to other designated District personnel. 14. Permits. In operating the BCS and HHWS, the District shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. Notwithstanding anything in the foregoing sentence to the contrary, neither the District nor the County are responsible for the licensing requirements or fees relating to the City’s Solid Waste License.. 15. Intoxicants; DOT Drug and Alcohol Regulations. The District and County shall not permit or allow the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the Site. The District and County acknowledge they are aware of and shall comply with their responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have the right to request proof of such compliance and the District and County shall be obligated to furnish such proof. The City may order removal from the Site of any employee or agent of the District or County, or any of its subcontractors for use of controlled substances and alcohol on the Site. 16. Liens and Encumbrances. The District shall not permit any liens or encumbrances to be filed on the Site related to the District’s use of the Site or the operation of the BCS or the HHWS. Prior to any termination or expiration of this Agreement, or upon the City’s request, the District shall furnish the City with satisfactory proof that there are no outstanding liens or encumbrances in connection with the District’s use of the Site. The District must cure any outstanding liens or encumbrances. 145 17. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. Survival. The indemnification obligations of Section 7 shall survive the termination or expiration of this Agreement for the maximum period allowed under law. 19. 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. 20. Waiver. A waiver by any party of any default or breach by another party of any covenants, terms, or conditions of this Agreement does not limit the non- defaulting or non-breaching party’s right to enforce such covenants, terms, or conditions or to pursue the non-defaulting or non-breaching party’s 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 thereof shall continue in effect. 22. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 23. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 24. 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. 25. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 146 26. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 27. Independent Contractor. The Parties agree and acknowledge that in the performance of this Agreement, neither the County nor the District shall be considered an agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by the County or District at all times will be considered the agents, employees, or independent contractors of the County or District and at no time will they be the employees, agents, or representatives of the City for any purpose including worker’s compensation. County and District employees are not authorized to represent the City or otherwise bind the City in any dealings between the County or District and any third parties. 28. Integration. This Agreement constitutes the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 29. Recordation. The District shall record this Agreement with the Gallatin County Clerk and Recorder and Montana Secretary of State as required by Section 7-11- 107, MCA and provide a recorded copy to the Bozeman City Clerk. ########### End of Agreement except for signatures ########### 147 GALLATIN SOLID WASTE MANAGEMENT DISTRICT Dave Hanson, Chair District Board of Directors ATTEST: _____________________________ Patricia Howard, District Board Liaison GALLATIN COUNTY, MONTANA Scott MacFarlane, Chair Board of Gallatin County Commissioners ATTEST: Eric Semerad, Gallatin County Clerk & Recorder CITY OF BOZEMAN, MONTANA Jeff Mihelich, City Manager ATTEST: _________________________ Mike Maas, City Clerk Approved as to form: __________________________________________________ Greg Sullivan, City Attorney 148 Service Layer Credits:Sources: Esri, HERE,DeLorme, Intermap,increment P Corp.,GEBCO, USGS, FAO, CADDIECTTURNBERRY CT VALLEYRIDGE RD ST ANDREWS DRSTORY MILL RDRoll-Off Containers & Scale Shack Compost & Brush Area Convenience Site Location Convenience SiteBozeman Landfill PropertyCity Limits Bozeman Convenience Site 0 500 1,000250Feet ´ Revised: 5/14/2019 This map was created by theCity of BozemanGIS DepartmentIntended for Planning purposes only. Exhibit A 149 Memorandum REPORT TO:City Commission FROM:Zac Collins, Asset Systems Program Manager Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with GIS Inc. for Cityworks Support Services MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with GIS Inc. for Cityworks Support Services 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:Since 2008, Cityworks has provided a citywide platform for work order management currently serving 126 staff across 12 Divisions. On June 15, 2020 the City Commission approved an Agreement with the Avolve Software Corporation to expand the City’s electronic development review system to streamline the overall process across multiple Divisions involved in the development review workflow. The attached Professional Services Agreement and Support Quote will provide a vehicle for accessing support necessary to successfully implement and integrate Avolve with our existing Cityworks Permits, Land, and Licensing (PLL) environment. This agreement has been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$35,000 is currently allocated for this work within the FY22 approved budget for the GIS Division of the Strategic Services Department. Attachments: Exhibit A - GIS Inc Remote Support Quote.pdf Exhibit B - PSA GIS Inc. 2021.docx Report compiled on: August 17, 2021 150 151 City of Bozeman: GIS Support Block – Pay As You Go | www.gisinc.com | 1 August 9, 2021 Zac Collins Asset Systems Program Manager City of Bozeman 20 E. Olive St PO Box 1230 Bozeman, Montana 59771-1230 Dear Zac, Thank you for your interest in our GIS Support Block. Included in the following pages are GISinc’s labor categories and labor rates. GIS Support Blocks will provide a vehicle for accessing GIS support on-demand to City of Bozeman. I hope you find this information helpful. If I can provide further assistance, please do not hesitate to contact me. Thank you again for your interest. We look forward to working with you. Sincerely, Theron Hodel Account Executive Geographic Information Services, Inc. 2100 Riverchase Center, Suite 105 | Birmingham, AL 35244 p: (205) 725-5803 | c: (608) 843-0983 | e: theron.hodel@gisinc.com 152 City of Bozeman: GIS Support Block – Pay As You Go | www.gisinc.com | 2 I.GIS Support Blocks GIS Support Blocks provide a vehicle for accessing GIS support on-demand. Once a GIS Support Block is put in place, GISinc will provide professional services to assist City of Bozeman with GIS support. All services provided as part of the GIS Support Blocks will be conducted by the most effective and cost- efficient method, including: virtually through remote network access, telephone conference calls, Internet (WebEx) demonstrations, or on-site consultants. How do GIS Support Blocks work? Once the GIS Support Block vehicle is in place, GISinc will provide City of Bozeman with a single point of contact. GISinc will identify the support tasks and establish a communication plan for coordinating the activities of the task as well as status reporting. We will match the support task with the correct GISinc resource and their corresponding labor category. If a support task becomes large, GISinc may require using a management team. This function includes people, processes, and technology that are designed to make sure that City of Bozeman receives outstanding value. Milestones and completion dates will be established for the Planning and Analysis, Client review, Design, Client review, Development, Testing, and Installation/Implementation phases of a large task or project. There are many tasks and risks that have the potential to derail a project. To manage this effort, larger tasks or projects that we execute are assigned a Project Coordinator or Technical Architect from GISinc. 153 City of Bozeman: GIS Support Block – Pay As You Go | www.gisinc.com | 3 II. Pricing & Acceptance GISinc is proposing our time and materials Support Block with a not-to-exceed price of $35,000.00. We have provided our Commercial List rates below: Labor Category Staff Senior Consultant Geospatial Developer $154.50 $199.50 Geospatial Project Manager $186.26 $221.71 Project Coordinator $113.30 $140.60 Solutions Architect $219.26 $256.15 Solutions Engineer $162.75 $201.40 Technical Architect $206.85 $256.15 Application Architect $221.45 $252.35 Enterprise Architect $ 257.50 Geospatial Analyst $123.05 $159.60 Management Consultant $ 267.80 Subject Matter Expert $278.10 $ 303.85 You may indicate your acceptance of the above proposal with a signature from authorized personnel from City of Bozeman. City of Bozeman Support Block Amount (Not to Exceed): Signature: Name: Title: Date: Quotation Terms and Conditions This confidential quotation is valid for thirty (30) days unless otherwise stated and does not include shipping or tax unless otherwise stated. This contract will expire one year after signature. This quotation information is proprietary and may not be copied or released other than for the express purpose of system and service selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Geographic Information Services, Inc. (GISinc). Time and Materials Payment Terms: Client will be billed monthly for all travel expenses and labor costs based on hours worked. Client agrees to NET 30 terms after receipt of invoice on this GIS support block. Supporting details will be provided in the monthly status report to detail hours, rates, and deliverable(s) performed during the preceding month. $ 35,000.00 154 Version 1.0 08Jan2019 Standard Terms and Conditions These standard terms and conditions (“Terms and Conditions”) apply to any proposal, quotation and the resultant agreement relating to products and services sold by Geographic Information Services, Inc (“GISinc”) to a customer (“Customer”). These Terms and Conditions, together with the proposal, quotation and contract, including any statement of work, herein SOW, shall constitute the entire agreement (“Agreement”) between the parties. These Terms and Conditions are governed by the terms of the applicable License Agreement for any incorporated software (“License Agreement”). Capitalized terms used and not otherwise defined herein shall have the respective meaning set forth in the License Agreement. 1.GENERAL PROVISIONS. This proposal including the SOW and all Terms and Conditions set forth herein, constitutes the entire agreement between GISinc and Customer. The Terms and Conditions of the proposal shall govern and control the terms of any purchase order or purchase confirmation form from the Customer. Customer acknowledges that GISinc has not authorized any of its sales agents or representatives to make any representations, warranties or agreements on behalf of, or to bind GISinc in any way. This confidential proposal is valid for thirty (30) days and unless otherwise stated. 2.SCOPE OF SERVICES. During the term of the Agreement, GISinc shall furnish the services in accordance with the SOW set forth in the proposal. 3.WORK PERFORMANCE. GISinc agrees that all work performed hereunder shall be performed on a best effort basis by GISinc’s staff having an appropriate experience and skill level, and in compliance with the SOW. 4.TAXES. Unless this Agreement specifies otherwise, the price included in the proposal does not include, and Customer is liable for and shall pay, all taxes, impositions, charges, and exactions imposed on or measured by this Agreement. Prices shall not include any taxes, impositions, charges, or exactions for which Customer has furnished a valid exemption certificate or evidence of exemption. 5.CHANGES. No changes, modification, amendment shall be binding upon GISinc unless otherwise agreed to in writing. Customer’s authorized representative may in writing, direct changes within the general scope of the Agreement. If such change increases or decreases the cost or time required to perform this Agreement, Customer and GISinc shall negotiate an equitable adjustment in the price and schedule to reflect the appropriate change. GISinc shall adjust the proposal to reflect the change. Customer shall modify any purchase order or confirmation form and reissue to GISinc accordingly. 6.INVOICE AND PAYMENT. Customer shall pay GISinc within thirty (30) days after receipt of invoice or as per the terms indicated in the proposal. GISinc will bill Customer monthly for all travel expenses and labor costs based on hours worked. 7.CANCELLATION. Customer shall provide thirty (30) days written notice to GISinc prior to canceling an order. Customer will compensate GISinc for all authorized services satisfactorily performed through the cancellation date under the payment terms in section 6 of these Terms and Conditions. 8.ASSIGNMENT. Neither party shall assign any of its rights or interest in this Agreement or subcontract all or substantially all of its performance of this Agreement without the other party’s prior written consent. 9.INDEMNITY. The parties shall indemnify and hold harmless the other, its officers and employees from and against damages, claims liabilities, fines, penalties and expenses (to include reasonable attorney’s fees) due to its negligent acts, willful misconduct, errors or omissions of any GISinc employee during the performance of its obligations hereunder that arise out of (1) injuries or death to persons or damage to property, (2) services and/or deliverables agreed to under this order (3) violation of any federal, state, county or municipal laws. GISinc’s total liability to Customer for any reason shall not exceed the total amount paid to GISinc by Customer for the services provided under this Agreement. GISinc’s duty to defend and hold harmless Customer shall not apply to any liability claim for damages or injuries arising from or as a result of the negligence of Customer or employees / agents of Customer. 155 Version 1.0 08Jan2019 GISinc shall have no liability for any claim of infringement to the extent based on (1) the use of a superseded or altered version of any GISinc provided product or framework or (2) the combination, operation or use of the GISinc provided product with software, hardware or other materials not furnished or authorized to be used by GISinc. To the extent permitted by law, in no event shall either party be liable to the other for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages of any kind. 10.WARRANTY. GISinc warrants that it will perform the services in good faith and in conformance with professional industry standards. All GISinc employees, that work on the project, shall have the knowledge, education, training, skills and experience of the subject matter to which they will be performing services. GISinc warrants the completed application against bugs and defects for a period of 30 days after acceptance. Ongoing support, functional enhancements, or performance issues caused by a change in the customer’s IT environment are not included in the warranty. Coverage for these items will require a separate agreement. 11.LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, GISINC SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND OPPORTUNITY COSTS), EVEN IF THE CUSTOMER HAS BEEN ADVISED, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. GISINC’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE RELATIONSHIP OF THE PARTIES, THIS AGREEMENT, ITS NEGOTIATION OR TERMINATION, OR PURSUANT TO ANY SOW (WHETHER IN CONTRACT OR TORT) SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES RECEIVED BY GISINC FROM CUSTOMER PURSUANT TO THE APPLICABLE SOW UNDER WHICH THE ALLEGED LIABILITY AROSE. 12.FORCE MAJEURE. Neither party will be liable to the other for delays in performing any obligations under the Agreement due to circumstances beyond its reasonable control, including but not limited to revolts, insurrections, riots, wars, acts of enemies, national emergency, strikes, floods, earthquake, embargo, inability to secure materials or transportation, and acts of God, and other events beyond the reasonable control of the parties caused by nature or governmental authorities. 13.SERVERABILITY. If any provision of the Agreement is found to be invalid, illegal or unenforceable, then, notwithstanding such invalidity, illegality or unenforceability, the Agreement and the remaining provisions shall continue in full force and effect. In this event the parties will agree upon a valid, binding and enforceable substitute provision which shall be as close as possible to the commercial interests of the invalid or unenforceable provision. 14.GENERAL SERVICES ADMINISTRATION SCHEDULE As indicated in the proposal, if applicable, this Agreement incorporates and shall be governed by the terms of a General Services Administration (“GSA”) Schedule entered by GISinc and the United States Government. GISinc’s GSA Schedule number: GS-35F- 0682R. 15.GOVERNING LAW. This Agreement and any disputes arising out of, or relating to, this Agreement shall be governed by the laws of the State of Alabama without regard to the conflict of law rules thereof, provided that (i) contract provisions that have been incorporated directly from or by express reference to the Federal Acquisition Regulations (“FAR”), FAR supplements or GSA schedule terms, (ii) contract provisions that have been flowed down from a contract with the U.S. Government, and (iii) the Changes and Termination for Convenience articles, shall be construed and interpreted according to the federal common law of government contracts, as enunciated and applied by federal judicial bodies, boards of contract appeals, and quasi-judicial agencies of the federal government. 16.DISPUTE RESOLUTION. Customer and GISinc shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days of notification shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to GISinc corporate headquarters. 17.OTHER. This Agreement shall be governed by and constructed in accordance with the laws of the State of Alabama without regard to conflicts of laws provisions thereof. 156 Version 1.0 08Jan2019 Both GISinc and Customer will comply with all laws applicable to the Agreement. All notices given under the Agreement will be effective when received in writing. Notices to the Customer and GISinc will be sent to the address provided in the proposal. Changes to the Agreement must be in writing and must be signed by both parties. 18. COMPLETE AGREEMENT. Customer acknowledges that it has read the Agreement, understands it and agrees to be bound by its Terms and Conditions. This contract contains the entire agreement of the parties and supersedes any and all prior agreements, understandings and communications between Customer and GISinc related to the subject matter of this contract. No amendment or modification of this contract shall bind either party unless it is in writing and is signed by Customer’s authorized representative and an authorized representative of GISinc. 157 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. 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, Geographic Information Services, Inc., 2100 Riverchase Center, Suite 105, Birmingham, AL 35244, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the first day of July, 2022, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 158 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. 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. 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 159 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 160 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 161 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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. 162 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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 Zac Collins 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 163 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 2022 Page 7 of 11 purpose of this Agreement shall be Kent Blanchard 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 164 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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 165 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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. 166 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 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. 31.Extensions:This Agreementmay, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than 3 years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) 167 Professional Services Agreement for Professional Services Agreement for Cityworks Support with GIS Inc. FY 2021 – FY 2022 Page 11 of 11 By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 168 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign the Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the partially executed Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project. The document is in the City’s standard format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on April 4th and April 11th, with the proposals being due on April 23rd. Proposals were received from 5 firms on the project which were distributed to a selection committee of 3 city employees. The written proposals were scored by the selection committee and HDR was selected the most qualified to complete the project. The project is for the completion of a condition assessment of the downtown Bozeman Creek culverts crossing Olive Street, Babcock Street, Main Street, Mendenhall Street, and Lamme Street. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:$29,949 from the Street Maintenance Fund (STR76) and Stormwater Fund (STRM57). Attachments: Downtown Bozeman Creek Culvert Assessment Professional Services Agreement.pdf 169 Report compiled on: August 31, 2021 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Interim Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for Snow Plow Services in the Bridger Parking Garage and Surrounding Sidewalks MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City would like to continue to use our long time service provider for garage plowing. Staff has worked with Greenspace to determine a new scope of work and rates for their services. The City requires these services to allow the garage to continue to operate safely. UNRESOLVED ISSUES:No Unresolved I ALTERNATIVES:No Alternatives FISCAL EFFECTS:Bridger Garage Snow Plow Services are in the approved FY22 Budget Attachments: PSA Bridger Garage Plowing--Greenspace Landscaping--Sept 2021.docx Report compiled on: September 2, 2021 186 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 14th day of September, 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, Greenspace Landscaping, 34039 Frontage Road, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 187 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 2 of 11 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 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 188 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 3 of 11 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 189 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: 190 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 5 of 11 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 191 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 6 of 11 d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 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 Mike Veselik, Interim Parking Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writingand may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Brandon Eris, General Manager, 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 192 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 7 of 11 to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 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 193 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 8 of 11 been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 194 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 9 of 11 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 195 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 10 of 11 parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of five years by written agreement of the Parties. **** 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 GREENSPACE LANDSCAPING By________________________________By__________________________________ Jeff Mihelich, City Manager Micheline Halpin, Co-Owner APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 196 Professional Services Agreement for Snow Plowing for Bridger Parking Garage Page 11 of 11 EXHIBIT A: SCOPE OF WORK Snow removal at the City of Bozeman Bridger Park Garage includes the following services: Sidewalks and Bus Lane Removal of snow from the Garage entrances and exits, the bus lane and bus lane island and all of the sidewalks. This snow removal service is charged at a rate of $152 per time for 0-6” of accumulation and $167 per time for 6+” of accumulation. Because this hardscaping is on the shady North side of the building, we also apply ice melt when the conditions are icy and unsafe for pedestrian traffic. Application of the ice melt is charged at $150 per hour and the ice melt itself is charged at $2.50 per pound applied. Roof Top - On call Basis Parking garage roof snow removal is usually completed once or twice per season after accumulative snowfalls in November and December, or before large events downtown. We aim to have it removed around 6-8” of accumulative snowfall. Removal of the snow from the roof usually consists of two skid steers to load the snow into trucks and a few truck drivers to haul it off the roof at a cost of $150 per hour per person. In the past we have removed the snow off of the roof and piled it into the city parking lot located on the corner of Black and Mendenhall and then the city removes that pile at their discretion. If the City requires Greenspace to remove the snow to a different location, additional mobilization and storage charges will apply. 197 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Interim Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amended Professional Services Agreement with Big Horn Snow Removal for Snow Removal Services in the Four City Owned Service Lots Open for Public Parking in the Downtown Core and the Bozeman Senior Center Surface Lot MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amended Professional Services Agreement with Big Horn Snow Removal for Snow Removal Services in the Four City Owned Service Lots Open for Public Parking in the Downtown Core and the Bozeman Senior Center Surface Lot STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City would like to continue to contract with Big Horn Snow Removal to provide snow removal services for public parking lots in the downtown core as well as the Bozeman Senior Center. Big Horn Snow Removal has provided excellent service to the City for a number of years. The staff know the layout of city lots and understand the most efficient way to conduct snow removal. UNRESOLVED ISSUES:No Unresolved identified ALTERNATIVES:Per Commission FISCAL EFFECTS:Snow removal in the surface lots is included in the FY22 budget. Attachments: PSA Surface Lots and Senior Center--Big Horn Snow Removal- -Amendment 2--Sept 2021.docx Report compiled on: September 2, 2021 198 Second Amendment to Professional Services Agreement for SNOW REMOVAL AND ICE MELT AT BOZEMAN SENIOR CENTER PARKING LOT AND CITY OF BOZEMAN (4) SURFACE PARKING LOTS FY 2022-FY 2023 Page 1 of 4 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SNOW REMOVAL AND ICE MELT AT BOZEMAN SENIOR CENTER PARKING LOT AND CITY OF BOZEMAN (4) SURFACE PARKING LOTS dated October 16, 2017 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, 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 Big Horn Snow Removal 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.Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on September 30, 2021. 2.Scope of Work and Rate. The rates for services provided are updated in Exhibit B. 3.Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its entirety with the following: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be 199 Second Amendment to Professional Services Agreement for SNOW REMOVAL AND ICE MELT AT BOZEMAN SENIOR CENTER PARKING LOT AND CITY OF BOZEMAN (4) SURFACE PARKING LOTS FY 2022-FY 2023 Page 2 of 4 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 Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 200 Second Amendment to Professional Services Agreement for SNOW REMOVAL AND ICE MELT AT BOZEMAN SENIOR CENTER PARKING LOT AND CITY OF BOZEMAN (4) SURFACE PARKING LOTS FY 2022-FY 2023 Page 3 of 4 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA BIG HORN SNOW REMOVAL By________________________________By_____________________________ Jeff Mihelich, City Manager Robert D Mielnik, Owner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 201 Second Amendment to Professional Services Agreement for SNOW REMOVAL AND ICE MELT AT BOZEMAN SENIOR CENTER PARKING LOT AND CITY OF BOZEMAN (4) SURFACE PARKING LOTS FY 2022-FY 2023 Page 4 of 4 EXHIBIT B City of Bozeman – Snow Removal Pricing Update Bozeman Senior Center, 807 N. Tracy Avenue Cost: $150.00 Plow Parking Lot (Per Service) Cost: $50.00 Shovel Building Sidewalks (Per Service) Cost: $50.00 Plow Perimeter Sidewalks (Per Service) Cost: $160.00 Ice Melt Entire Parking Lot (Per Service) Cost: $40.00 Ice Melt Building Sidewalks (Per Service) Cost: $50.00 Ice Melt Perimeter Sidewalks (Per Service) Parking Lots:North Mendenhall Street and Wilson Street South Mendenhall Street and Wilson Street East Babcock Street and South Rouse Avenue Black Street and Mendenhall Street & Alley Parking Area Cost: $250.00 Plow All (4) Parking Lots (Per Service) Cost: $220.00 Plow All (4) Sidewalks (Per Service) Cost: $600.00 Ice Melt (4) Parking Lots (Per Service) Cost: $180.00 Ice Melt All (4) Sidewalks (Per Service) 202 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Interim Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amended PSA with Passport Labs, Inc. for Parking Enforcement and Permit Software MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amended PSA with Passport Labs, Inc. for Parking Enforcement and Permit Software STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:The City of Bozeman Parking Commission conducted an RFP process over the summer to solicit proposals for a parking enforcement and permit software provider that met the needs of a growing city like Bozeman. Staff prioritized selecting a vendor with top notch customer service, a reputation for innovation, and an ability to integrate into our existing hardware. After scoring proposals and interviewing the two finalists, staff selected Passport Labs as the vendor to provide software as a service to the City of Bozeman for our parking needs. City staff and Passport Labs, Inc staff negotiated the scope of work and have an ambitious timeline to have Passports new software in place ahead of annual Bridger Garage Permit renewals in December. UNRESOLVED ISSUES:No unresolved issues ALTERNATIVES:No Alternatives FISCAL EFFECTS:The City will save money in the long run due to Passports format of passing through fees Attachments: PSA Amendment Passport Permit and Enforcement Software Sept 2021.docx 203 Report compiled on: September 2, 2021 204 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 1 of 25 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT dated July 9, 2020 (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 Passport Labs, Inc., hereinafter referred to as “Passport” or “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.Additional Services. The following services and associated fees for Citation Management Platform and Digital Permits for Parking Platform are incorporated into the Agreement as follows: CMP Service and License Fee Per Ticket Paid $3.50 per ticket paid Additional CMP Service and License Fee Per Ticket Paid After Citation Amount Escalation 20% of delinquent citations paid Cost Per Notification Letter Sent by Passport $1.49 per letter sent DPP Service and License Fee $1.25 Per Daily Permit Issued $2.75 Per Monthly Permit Issued 205 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 2 of 25 $1.75 Per Annual Permit Issued Billing Credit for Data Migration *Billing credit up to $5,000.00 for associated data migration cost from City’s vendor to Passport system *Up to $5,000.00 Billing Credit Equipment Credit for Four (4) Enforcement Kits *Android Handheld & Zebra Bluetooth Printer *$4,000.00 Total Merchant Processing Costs: Provider will be responsible for paying all merchant processing costs, including, without limitation, settlement fees, payment gateway fees, chargeback fees, and interchange reimbursement fees. Merchant of Record for Transactions: X Passport Provider Passport Merchant Processing Rate Per Transaction:2.9% + $0.25 Payment Gateway Provider:X Passport Other Payment Gateway Fee Per Transaction $0.05 Implementation Fee $20,000.00 (waived so long as Customer complies with Customer Obligations in Agreement) 2.Amended Scope of Work The Scope of Work attach as Exhibit D is added to the current scope of work in Exhibit C as services Passport will provide to the City and agreements between Passport and the City. 3.Extension of Term. Section 30 of the Agreement is extended for a five (5) year period with automatic renewal unless either party notifies the other in writing of it intent not to renew no less ninety days before the expiration of Initial Term or Renewal Term as applicable. 206 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 3 of 25 4.Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its entirety with the following: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 5.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 207 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 4 of 25 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA PASSPORT LABS, INC. By________________________________By_____________________________ Jeff Mihelich, City Manager Khristian Gutierrez, Chief Revenue Officer APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 208 EXHIBIT D: Statement of Work City of Bozeman, MT September 7th, 2021 Disclaimer Project Overview Statement of Work Configurations Gateway and Merchant Processing Citation Management Product Operator Management Back-Office Portal Legacy Citation Import OpsMan Mobile Monitoring and Issuance Application Citation Lifecycle Citation Payment and Appeals Portal Payments Appeals Administrative Review Board Hearings Citation Escalation Procedure Automatic Physical Notice Letter Sending Scofflaw List Management and Notifications and Boot/Tow Procedures Booting Registered Owner Information Lookup Enforcement Hardware Monitoring and Issuance Devices Issuance Printers Custom Citation Issuance Paper Digital Permits Product Legacy Provider Permit Data Import Operator Management Back-Office Portal Manage Permits Issue Permits Approval Queue Reporting 209 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 6 of 25 End-User Customer Portal Customization with City Branding Portal Functionality Application Workflow Manage Permit System Training Custom Configurations and Integrations T2 / Digital IRIS Integration for Luke II Multi-Space Parking Meters Mailed Citations from Fixed LPR Genetec Vehicle License Plate Recognition System Integration Rolling Rule 72 Hour Violations Central Square / Naviline Financial Integration Assumptions & Notes Project Change Control Disclaimer This Statement of Work contains information that is proprietary and confidential to Passport Labs, Inc. (“Passport”) and shall not be disclosed or used for any purpose other than the purposes described herein. Any other disclosure or use of this document, in whole or in part, without the permission of Passport is prohibited. Project Overview Passport, the current white-label ParkBZN parking application provider to the City of Bozeman, MT (“City”), will transition the City from their legacy enforcement and permitting solutions to Passport’s Citation Management and Digital Permit Products. Passport understands that the City has Genetec Fixed License Plate Recognition technology in its Bridger Parking Garage and deploys Automated License Plate Recognition on select vehicles for parking rights and time-limited enforcement. Passport further understands that one of the main goals of this project is to create a more efficient way to issue the citations through the mail from its Bridger Parking Garage that utilizes Fixed License Plate Recognition Technology to determine violations. The City understands that Passport does not currently offer mailed citation functionality, but will work with the City to 210 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 7 of 25 develop a process within Passport’s system to mimic the City’s existing process, while Passport continues to plan and build out its full mailed citation functionality. Passport does not have a targeted release date for this functionality, but will involve the City in scoping discussions on this feature. During this project, Passport will perform architecture, design, implementation, and information transfer services for the newly identified environment. Statement of Work Configurations Gateway and Merchant Processing Passport will provide Gateway and Merchant Processing services directly to the City, eliminating the need for an external provider. All citation and permit payments will be processed via Passport’s Gateway and Merchant Processing services. Passport will enable the following card types to be used by all integrated applications. ●Visa ●Mastercard ●Discover ●American Express The City will be responsible for paying all gateway and merchant processing fees associated with processing the citation and permit payments. Mirroring the existing remittance and invoicing structure of the mobile payment parking revenue, gross funds for citation and permit payments will be remitted to the City on a daily basis with a daily settlement cutoff time of 9:10 pm EST. All transactions authorized and captured by 9:10p EST will be included in that day’s Settlement File. All transactions 9:11PM EST and later will fall into the following day’s Settlement. Please see below for an overview of the settlement timing based on the activity day: Activity Day Settlement File Funds remitted to City’s Bank Account 211 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 8 of 25 Monday Tuesday Wednesday Tuesday Wednesday Thursday Wednesday Thursday Friday Thursday Friday Saturday Friday Saturday Tuesday Saturday Sunday Wednesday Sunday Monday Wednesday Citation Management Product Operator Management Back-Office Portal Passport will provide the City with direct access to the Passport Operator Management (“OpsMan”) back-office system portal, which will enable daily operations management of reporting, citation management, payment tracking, and auditing data. This is the same back- office system that the City currently uses for its mobile parking application. OpsMan includes the following Citation Management Product functionality: ●Fully hosted by Passport cloud services. ●Secured Access with user specific login credentials and custom privileges per user. ○There is not a cap on the number of users that can be setup. ●Real-time aggregator of citation data from Passport’s Android issuance application, OpsMan Mobile ●Voids ●Refunds / Reversals ●Escalation Schedule Resets ●On-Demand Letter Generation for staff use ●Officer activity logging ●Supports and provides maintenance/edits for the following data upon proper user permissions being set: ○Violation Date ○Violation Time ○Violation Type ○Zone / Location ○Space Number ○License Plate Number ○Vehicle Identification Number 212 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 9 of 25 ○License Plate State ○License Plate Type ○Vehicle Type ○Vehicle Color ○Vehicle Make ○Vehicle Model ○Violator First Name ○Violator Last Name ○Violator Birthday ○Violator Email Address ○Violator Address ○Custom Fields that are set up specifically for the City ○Violation Amount Due ○Violation Escalation Schedule Start Date ●Access to on-demand Reporting tools, including: ○Violation Summary Report (by Officer, Area, Location) ○Violation Detail Print-Out (with photo images) ○Voided Reason Report ○Officer Activity Log ○Officer Productivity ○Violation Print-Out Report ○Hot List (boot and tow eligible) of Vehicles ○Disposition Code Report ○Citation Audit Trail ○Open Appeals Report ○Appeal Disposition Summary Report ○Closed Appeal report ●Online user knowledge base ●Manual citation entry for handwritten violations by City staff ●Manual appeal recording by City staff ●Audit Trail for citation processing and specific activities ●Scofflaw listing generation for delivery to the OpsMan Mobile issuance application and the Genetec License Plate Recognition system. ○The scofflaw list of eligible license plate numbers will be delivered to Genetec’s system via Secure File Transfer Protocol (“SFTP”) on a daily basis ●In-office Payment Acceptance ○Passport’s back-office system is not appeal to process in-person card payments ■All in-person card payments need to be done online through the portal or manually logged in OpsMan Web after being processed through an external system ○Passport will not integrate with a cash draw or check reader 213 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 10 of 25 ■Any cash payments will need to be manually logged in OpsMan Web after being processed through an external system ■Any check payments will need to be manually logged in OpsMan Web after being processed through an external system Legacy Citation Import Passport understands that the City requires an import of all citation data over the past three (3) years, inclusive of unpaid, paid, and voided citations. Passport will provide the City with its template import files that can be used to verify the availability of specific data. A sample set of data will be provided to Passport by the City so that Passport can begin mapping the data points that will be provided to Passport for the full import. The City will aim to resolve any open adjudicated citations prior to the full import so that open adjudications are satisfied by the system transition. OpsMan Mobile Monitoring and Issuance Application Passport will deliver its monitoring and issuance application, OpsMan Mobile, to the City to be used in conjunction with the monitoring and issuance devices the City secures. Passport’s OpsMan Mobile is an Android application that provides the following functionality: ●Secured permission-based access for application functionality ●Seamless workflow for entering the required key data for each citation ●Real-time citation issuance and back-office system upload for all violations ●Real-time warning issuance and back-office system upload for all warnings ●Real-time scofflaw indication notifications ●Real-time permit indication notifications ●Historical LPN violation issuance history notifications ●Offline citation and warning issuance with automatic data upload upon reconnection ●Time limit marking (electronic chalking) ○Passport is able to offer one of the following as evidence for time limit marking. Only one can be used. ■Photo capture ■Tire stem marking with a digital tire broken up into sections ●Parking enforcement officer notes with the ability to print or not print the notes on the citations. Regardless of printing, all notes are available in the backend system, Operator Management ●Citation reprints ●Void queue ○Officer initiated voids from the handheld must be approved by a back-office administrator before going into effect. ●Last second citation data input verification 214 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 11 of 25 ●Last second payment verification before issuance ●Barcode printing ●Violation cost increases for late penalties based on a set schedule ●Color photographs that are electronically attached to each violation ●Officer report submission Citation Lifecycle After a citation has been issued, the citation can be either paid or appealed before the citation begins to escalate in price after a certain number of business days of no action from the violator. Please see below for a dedicated overview of each of these scenarios. Citation Payment and Appeals Portal Passport will provide a mobile friendly, City-branded portal that allows violators to search for and pay their citations online and/or appeal their citation(s). The web portal will be visually configured to match the colors and logo preference of the City. Branding The City may customize the following for their payment portal: ●Logo: The City must provide a JPEG (or similar format) of their logo ●One primary color should be defined by the City ○Primary color is used for buttons and links and it is also applied to illustrations so it must be AA WCAG compliant. ●The secondary color is derived from the primary color automatically to meet compliance with the Americans with Disabilities Act. ●Subdomain: The URL for payment portal will be <subdomain>.rmcpay.com Payments The web portal provides the following search and payment functionality:. ●Search by Citation Number, License Plate Number or VIN ○Citation status indication is provided as well as full details on the specific citation ○External Note(s) and Photographic Evidence is provided to the violator for each citation viewed ○Payment capabilities ●Online Payment Capabilities ○Shopping cart style feature to allow single or multiple citations to be paid in one transaction ○Credit or Debit Card payment acceptance ○Email notification to the customer 215 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 12 of 25 The City will be responsible for processing mailed-in, walk in, and after hours drop box payments and marking the citations as paid within the OpsMan Web back-office system. Appeals The web portal provides the following search and appeal functionality: ●Search by Citation Number, License Plate Number or VIN ●Review the corresponding violation information such as date/time, description, amount, and supporting photo evidence ●Online appeal submission ●Evidence upload capabilities ○Photographic ○Text ●Email notification to appellant of appeal submission All submitted appeals will be accessed and reviewed via OpsMan. Permitted OpsMan users will be provided with the ability to approve or deny an appeal via the web based interface. The appeals process provides one level of review and approval. After a citation has been submitted for an appeal, that citation’s escalation schedule will pause until a decision has been made on the appeal. If the appeal is denied, then the citation’s escalation schedule will reset as if the ticket were issued on the day of the appeal denial decision. Passport will ensure that a citation cannot be appealed if it has been either paid or if the citation has aged past twenty-one (21) business days. In addition, Passport will ensure that a citation can not be appealed more than once through the online portal. Administrative Review Board Hearings Passport further understands that the City offers administrative review board hearings to violators if the violator is found liable from the initial appeal. This hearing request must be submitted no later than twenty-one (21) business days from the date of the initial appeal decline. As such, Passport will configure the ability for violators to request a hearing online as well as for front-office staff to manually set a hearing date for walk-in or over the phone customers. The front office staff will use Passport’s back-office system to locate the violation and manually record the hearing by setting the hearing date and time and gathering the correct contact details. The hearing decision will be manually recorded in the back-office system by the City once the hearing has concluded. 216 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 13 of 25 Passport understands that physical notices must be sent out informing the requester of their administrative hearing date and time as well as for informing the requester of the administrative hearing decision. These physical notices will be sent automatically from Passport’s system. Passport further understands that all adjudication decisions, whether it’s from an initial online appeal or an administrative review board hearing, must have a physical notice delivered to the customer informing them of the City’s decision. Passport understands that the City may change the number of business days that violators have to appeal their citation. Passport will accommodate these changes in the future, but must be provided advanced notice to ensure that the City’s changes can be accommodated. Citation Escalation Procedure Passport will configure citations to automatically escalate according to the following schedule: Violation Name Initial Fine Amount Amount Due After Escalation (after 30 business days) Restricted Zone $50 $70 Wrong Side $50 $70 72 Hour Parking Violation $30 $50 MSU Residential District $60 $80 Blocking Driveway $50 $70 Blocking Sidewalk $50 $70 Blocking Mailbox $50 $70 Private Property $20 $40 Fire Hydrant $50 $70 No Parking $50 $70 Overtime Parking $30 $50 Overtime Parking w/ Rolling Rule $30 $50 2AM-7AM Restricted Zone $50 $70 2AM-7AM Restricted Zone-BPD $50 $70 72 hour parking BPD $30 $50 8AM-5PM Restricted Zone $50 $70 217 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 14 of 25 Alley Parking $50 $70 Alley Parking-BPD $50 $70 Blocking Driveway-BPD $50 $70 Blocking Mailbox-BPD $50 $70 Bus Stop:No Parking $20 $40 Commercial Vehicle Over 1 Hour $20 $40 Crosswalk Blocked $50 $70 Crosswalk Blocked-BPD $50 $70 Crosswalk Within 20 Feet $50 $70 Crosswalk Within 20 Feet-BPD $50 $70 Curb Prohibited Parking $50 $70 Curb Prohibited Parking-BPD $50 $70 Distance From Curb $50 $70 Distance From Curb-BPD $50 $70 Fire Hydrant-BPD $50 $70 Fire Lane $50 $70 Fire Lane-BPD $50 $70 Garage Overtime $20 $40 Handicap Zone $100 $120 Handicap Zone-BPD $100 $120 High School Residential District $20 $40 Improper Display of Permit $20 $40 Loading Zone $20 $40 Loading Zone-BPD $20 $40 MSU Residential District-BPD $60 $80 Obstructing Traffic $20 $40 Overtime with Rolling Rule $20 $40 Parking Lot Overtime $20 $40 Parking Lot Overtime-BPD $20 $40 218 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 15 of 25 Parking Lot with Rolling Rule $20 $40 Private Property-BPD $20 $40 Prohibited Park/Display for Sale $20 $40 Restricted Zone-BPD $50 $70 Sidewalk $50 $70 Sidewalk-BPD $50 $70 Street Maintenance $20 $40 Street Maintenance-BPD $20 $40 Tow Away Zone $20 $40 Tow Away Zone-BPD $20 $40 Within Intersection $50 $70 Wrong Side-BPD $50 $70 Passport understands that the City may further change the initial citation fees as well as the fee schedule in the future or add and remove violation types. Passport will accommodate these changes in the future, but must be provided advanced notice to ensure that the City’s changes can be accommodated. Automatic Physical Notice Letter Sending Passport has out-of-the box capability to template, produce and send physical letters via USPS based on configured criteria. Passport will configure the automated letter production and sending system for the City to automatically send physical letters to those violators who have not paid their citations at a predetermined number of days post citation issuance. Passport understands the City requires these late notice letters are sent once the escalation amount is in effect on the thirty-first (31) business day post citation issuance. Passport will work with the City to determine any other physical letter sending needs. Passport will leverage email communications for other customer communications, such as citation receipts. 219 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 16 of 25 Scofflaw List Management and Notifications and Boot/Tow Procedures Passport understands that the City has set the following scofflaw / seizure criteria for booting and towing purposes: If an individual has 6 or more unpaid citations within a rolling 12-month period, then that individual will receive a boot notice ten (“10”) days after the 6th citation is issued. After the boot notice has been delivered, then an additional ten (“10”) days is provided to the registered owner to allow payment of all open citations. If payment has not been made on all outstanding citations to the registered owner, then that individual and the related vehicles, as defined by the license plate number, will be added to the scofflaw list. As such, Passport will maintain a Scofflaw list based on this criteria and will provide the list to the handheld application so that officers are notified when a vehicle meets the boot criteria. Passport will also provide the scofflaw list to the Genetec License Plate Recognition system for scofflaw monitoring. Booting If a scofflaw vehicle is located, whether legally or illegally parked, then the officer will call the office to verify that the individual / vehicle is still in fact on the scofflaw list and eligible for booting. Once verified, the City will issue a Boot Fee Violation to document the boot information as well as the amount due, number to call for boot removal, and to document evidence with pictures. The boot will then be applied to the vehicle. The violator must first pay all outstanding parking citations and then pay the additional boot fee to release the boot. If the boot is not removed within 24 hours then the vehicle will be towed to the City’s impound lot. Passport will work with the City to configure the boot module to keep track of all booted and bootable vehicles. Registered Owner Information Lookup Passport will provide registered owner lookup services to the City via TLO and certain state DMV’s. TLO and the state DMV’s provide registered owner lookups based on Passport providing TLO with license plate information. The following state DMV’s will be configured for the City in addition to TLO, which will be used for the other states: ●California 220 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 17 of 25 ●Washington ●Oregon Registered owner information provided by TLO and the DMV’s will be pulled for each individual citation one day after the citation is issued. The registered owner information will be used to populate a late payment notice to the violator if they have not paid or appealed their violation within a certain amount of days post issuance. The registered owner information will be able to be viewed within OpsMan for each issued citation if TLO or the state DMV’s provide the registered owner information back to Passport. Please note that lookup success rates vary based on the variance of data available in the unique DMV systems. This means that some lookups will fail based on missing correlating DMV data. This is not something that Passport can remedy or be held accountable for. Enforcement Hardware Monitoring and Issuance Devices ●The City will be purchasing four (4) Android-based devices for the purpose of monitoring enforcement activities and issuing citations through OpsMan Mobile. ○The City understands that the Android device needs to support the latest Android operating system. Passport recommends choosing a device that is the latest model or a model that is no older than the third newest model ○The City is responsible for maintaining and paying for the data plans associated with the devices. Issuance Printers ●Passport will secure, configure, and deliver four (4) Zebra Thermal ZQ320 wireless bluetooth printers ○Each printer will come with the following accessories: ■One (1) Printer ■One (1) Power Supply Plug ■One (1) Shoulder Strap ■One (1) Roll Blank Paper ○While Passport will provide the printers to the City, the City will be invoiced at the price listed in the contract terms 221 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 18 of 25 Custom Citation Issuance Paper ●Passport will customize the front of the citation to include the City’s name, the online payment portal website, the required values/fields for printing, the layout, barcodes, and other stylistic requirements ●The City may choose to customize the back of the citation, including information related to payment options, the boot/tow process and the appeals process ●Passport will work with the City to create the digital proof of the citation paper. Passport will place the initial order and all subsequent orders for paper. Passport will not order paper unless they are provided with written approval from the City ○Paper cost and inventory tracking will be the City’s responsibility ○Paper orders take 4-5 weeks to process for both initial orders and subsequent orders. This cannot be expedited ○The price per roll for custom paper is dependent on the quantity ordered. Pricing is subject to change due to variable rates from the 3rd Party vendor. Digital Permits Product Legacy Provider Permit Data Import Passport understands that the City would like to import its existing permit data into Passport’s system for the system transition. As such, Passport will provide the City with its template permit data import format file so that the City is able to provide Passport with the permit data to be imported, All imported permits will be assigned a Link Code. The Link Codes allow new Passport permit customer accounts to be linked to their digital permits that have been imported or issued through the back-office system. The Link Code allows the customer to pull in their imported permit into the customer’s account. Link Codes will be provided to the permit holder via email or through a physical mailing. Operator Management Back-Office Portal Passport will provide the City with direct access to its back-office portal, Operator Management (“OpsMan”), that allows permit system administrators to manage their entire permit system, including the approval queue, waitlists, and reports. The back office portal also allows administrators to manage customer accounts and issue permits. This is the same back-office system that the City currently uses for its mobile parking application. Manage Permits Manage permits functions as a search user interface to quickly search for a specific permit and then take an action: 222 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 19 of 25 Core functionality includes: ○Viewing a permit’s status and general details ○View and add notes to a permit ○View the historical actions taken on a permit ○View the user associated with the permit ○View the payment history of the permit ○Email or print previous receipts ○Edit unrestricted Permit details ○Update the status of a permit: disable or cancel ○Renew and apply payments to permits ■Passport does not accept in-person credit card payments. ●All in-person credit card payments need to be done online through the portal or manually logged in OpsMan Web after being processed through an external system. ■Passport will not integrate with a cash draw or check reader ●Any cash payments will need to be manually logged in OpsMan Web after being processed through an external system. ●Any check payments will need to be manually logged in OpsMan Web after being processed through an external system. Issue Permits Issue permits functions as a quick action drawer user interface to manually issue permits through the back-office system. Core functionality Includes: ●Waitlist / limit information ●Eligibility requirement and document submission override Approval Queue The approval queue functions as a single first in, first out list with searching capabilities. Individual applications can be inspected via a drawer user interface within the same page. Relevant Search and Filtering capability is also provided. The approval queue can be filtered for specific permit types. Approving or rejecting a permit application can be completed from the inspection view, progressively over the list order or in bulk from the main list view. Core functionality includes: ●Inspect, approve or reject applications 223 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 20 of 25 Reporting Reports are made available within the City portal. All reports are presented as a list with the ability to filter for reports. The digital permits product has three core reports available: ●Exportable permit payment and refund report ○All cashflow shown in one report. ○Allows filtering by date range ●Exportable permit zone report ○Allows filtering by zone, status, and/or date range. ●Exportable permit detail report ○Allows filtering by type, cycle, status, and/or date range. Employee/Fleet Account Management Passport’s employer permits module allows the City to centralize the management of all permits associated to a single employer, under one single account, controlled by appointed administrators. This functionality includes better management experience for large scale employers, easier billing, and enables custom limitations, rules, or pricing that would not be available to individual permits. Accounts can have multiple administrators who have the ability to add, update, or disable permits as needed. The ability to make payments or take other billing related actions, however, is limited to one single administrator. End-User Customer Portal Passport will provide the City with a web-based portal that is publicly accessible and allows permit applicants/holders to apply, purchase, and manage their permit(s). Customization with City Branding The permit portal will be accessible online at a white-labeled domain name determined by Passport with feedback provided by the City. The permit portal provides the following branding capabilities: ●City's logo - no color adjustments can be accomodated. ○The City must provide JPEG (or similar format) of their logo. ●One primary and secondary color should be defined by City ●URL ○The URL for end-user customer portal will be <subdomain>permits.rmcpay.com 224 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 21 of 25 Portal Functionality The following functionality will be available to the end-users through the customer portal: ●View available permit types ○MSU Residential Parking ○MSU Visitor Parking ○MSU Visitor Parking Hangtag ○Service Provider Permit ○Black Lot ○Rouse Lot ○N. Wilson Lot ○Bridger Parking Garage - Regular ○Bridger Parking Garage - Basement ○BHS Residential Parking ○BHS Visitor Parking ○BHS Employee Parking ○BHS Visitor Parking Hangtag ○Temporary On Street Downtown Permits ●View waitlist position ●Complete an online application to apply for the permits ○Upload supporting collateral to meet permit qualification requirements (i.e. Proof of Residency, vehicle registration, etc.) ●Shopping cart style checkout for purchasing multiple permit payments. ●Add / remove debit or credit cards ●Renewals ○Passport understands that physical renewal letters must be sent to the permit holders to inform the permit holder of the upcoming renewal period and any necessary actions the permit holder must take. ●FAQ’s Application Workflow Permit applications function as a stepped, progressive series of data collection covering all information required of the applicant. The workflow allows open selection and application for any permit type. ○All applications are started by selecting a permit type. Core functionality includes: ●Ad hoc custom fields for required vehicle or permit holder / applicant information ●Requirement validation on input fields ●Proof of Eligibility document upload 225 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 22 of 25 Manage Permit Core functionality includes: ●Permit details: view general details and call to act to manually renew if eligible ●Permit holder Information: view / edit all fields related to the permit holder ●Vehicle Holder Information: view / edit all fields related to a vehicle, add and remove vehicles, if allowed. ●Payment History: view all previous payments and refunds toward the individual permit as well as downloading payment receipts. System Training Once a majority of the project milestones have been completed and the target launch date is confirmed, Passport will work with the City to set-up the remote web-based training plan. Passport will assist the City with determining who should be involved in the training sessions and when they should occur from a scheduling perspective around the target go-live date. Passport will host a series of 1-hour training sessions with any City employees who will interact with the new enforcement and permitting system. Passport recommends that all parking clerks, anyone responsible for the adjudication of parking citations, City accountants, and enforcement managers be present for training. All training is done via a “Train the Trainer” method, equipping each person present with the tools and knowledge to train their teams now and in the future. Each training session, with City permission, will be video recorded for future use. In the event that new employees are hired by the City and/or supplemental training is required by Passport, then Passport will work with the City to define a mutually agreeable training plan for post launch training. Custom Configurations and Integrations T2 / Digital IRIS Integration for Luke II Multi-Space Parking Meters Passport will integrate with the City’s license plate-based T2 / Digital LUKE II multi-space parking meters for the purposes of monitoring and enforcing multi-space parking meter-based parking sessions through the OpsMan Mobile issuance application. Passport will require the following credentials from T2 / Digital to configure this integration across the City’s locations: ●Location Name ●Account Name 226 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 23 of 25 ●Signature Key ●Username ●Password ●Plate Info Token Mailed Citations from Fixed LPR Passport further understands that one of the main goals of this project is to create a more efficient way to issue the citations through the mail from its Bridger Parking Garage that utilizes Fixed License Plate Recognition Technology to determine violations. The City understands that Passport does not currently offer mailed citation functionality, but will work with the City to develop a process within Passport’s system to mimic the City’s existing process, while Passport continues to plan and build out its full mailed citation functionality. Passport does not have a targeted release date for this functionality, but will involve the City in scoping discussions on this feature. Genetec Vehicle License Plate Recognition System Integration Passport will work with the City to integrate Passport’s system with the Genetec vehicle-based license plate recognition system for the purposes of monitoring parking rights and scofflaw vehicles as well as implementing a transfer protocol of violation details from the vehicle based license plate recognition system to the OpsMan Mobile application for efficient citation issuance. Passport will ensure that the ParkBZN mobile parking sessions and scofflaw license plate numbers are being transferred to the LPR system for monitoring purposes. In addition, the transfer process will be set up and confirmed so that when the vehicle LPR system receives a hit and the officer enforces the violation, the LPR system will transfer the violation details and associated images to OpsMan Mobile for citation issuance. Rolling Rule Passport will configure its chalking module to support the City’s Rolling Rule. Parkers must move their vehicle to a different block face after 2 hours or they risk an overtime parking citation. 72 Hour Violations Passport will configure its long-term chalking module to support the City’s 72 Hour Violation process. All vehicles parking on City streets must move their vehicle every 72 hours. After the issuance of two (2) consecutive 72 Hour Violations, over a seven day period, a towing service will be called to remove the vehicle. 227 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 24 of 25 Central Square / Naviline Financial Integration Passport understands that the City requires a Central Square / Naviline Financial integration. As such, Passport is committed to scoping this integration with the City. Passport believes this integration will be a daily secure file transfer protocol process where a flat file is provided by Passport to Central Square / Naviline with certain financial information. Assumptions & Notes While performing these services, Passport will rely upon the concerted engagement, direction, authorization, approvals or other information provided by the City’s primary stakeholder and technical teams. The City’s Project Manager and respective team will be responsible for contributing to and reviewing Weekly Status Reports and reporting Project issues. Additional City responsibilities include: ●Providing operational information in a timely manner. ●Providing a list of stakeholders for preliminary implementation ●Making a good faith effort to facilitate the continued progress of the implementation. ●Perform user acceptance testing to confirm the accuracy of configured attributes in the system ●Provide written approval on each aspect of the system Deliverables or activities not specifically identified as in scope throughout this document are by definition out of scope, unless accompanied by an approved Scope Change Order. Project Change Control Changes may be required to manage unanticipated or new information that may arise during the course of the implementation and delivery of this solution that impacts an existing (or creates a new) deliverable, restriction, milestone, or dependency. This Project Change Control process is meant to enforce a process to ensure changes are tracked and approved appropriately throughout the project. Process 228 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT FY 2022-FY 2027 Page 25 of 25 ●A Passport representative will complete a Scoping Change Order form describing the exchange to be evaluated. ●Passport will perform an impact assessment (cost, schedule, risk, etc) and provide a recommendation for how to achieve the City's objectives in the context of the latest information. ●The City will decide whether or not to proceed with Passport’s recommendation or to suggest an alternative approach. ●If the Change Request is approved by the City and returned back upon full execution, then the Change Request document will be incorporated as part of the Statement of Work. Timeline Effects ●Upon approval by all parties, the impact assessment associated with such a change request shall augment any prior commitments or estimates of timeline and pricing in this Statement of Work, which shall no longer apply. Passport will use commercially reasonable efforts to maintain the timeline and cost associated with this Statement of Work, augmented by any and all Change Request(s) approved by all parties. 229 Memorandum REPORT TO:City Commission FROM: Luke Kline, Contracts Coordinator Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: On May 4th 2021, the City of Bozeman initiated a Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project. The project includes design and construction as defined in the Professional Service Agreement Attached to the Memorandum as Attachment A. During the final construction design phase several modifications were required to be address increasing materials and excavation costs association with project construction. To complete the additional work an amendment to the professional service agreement with Treasures State Inc. will increase the total amount the city agrees to pay Contractor up to $4,300. The additional scope of services and materials will increase the total project cost not to exceed $332,265 as described Attachment B to the memorandum. UNRESOLVED ISSUES:None. ALTERNATIVES:As Suggested by the Commission. 230 FISCAL EFFECTS:This project is being completed with funding contributions raised by pickleball community, the Parks & Recreation Department and funding secured through the Capital Improvements Project Maintenance funds totaling $128,387.40. Matching contribution totaling $199,577.60 have been allocated from the cash-in-lieu of parkland fund through Resolution 5293. Additional funding totaling $4,300 will be Parks Maintenance General Fund account. Attachments: Attachment A PSA - Treasure State Inc - Bogert Court Renovation Project.pdf Attachment B PSA-Amendment-1 Treasure State Inc.-Bogert Park Court Renovation.pdf Report compiled on: August 20, 2021 231 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of May, 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, Treasure State Inc., PO Box 588, Belgrade, MT 59714, 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 Attachment A RFP Bogert Park Court Renovation and Attachment B Treasure State Bogert Park Court Design-Build Proposal 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 Attachment B Treasure State Bogert Park Court Design-Build Proposal as specified in the Value Engineered Revisions for Post-Tensioned Concrete Price Proposal. The total project cost not to exceed $327,965. 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. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 232 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 233 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 3 of 11 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, 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 DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 234 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 4 of 11 cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 235 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 5 of 11 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. 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. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 236 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 6 of 11 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no 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. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 237 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 7 of 11 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Ty Giffin 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 DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 238 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 8 of 11 hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 239 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 9 of 11 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 240 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 10 of 11 attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 241 Professional Services Agreement for Bogert Park Court Renovation FY 2021 – FY 2022 Page 11 of 11 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 8DBA6E93-6A0E-4152-AC6E-A4DEACD58F88 Ty Giffin Treasure State, Inc. GM 242 First Amendment to Professional Services Agreement Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 1 of 4 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Bogert Park Court Renovation Project dated the May 4, 2021 (the “Agreement”) is made and entered into this 14th day of September, 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 Treasure State Inc., PO Box 588, Belgrade, MT 59714, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Scope of Services. The Scope of services, Section 3 is amended to incorporate the scope of work attached as Attachment A, Treasure State Inc. Bogert Park Court Renovation Design/Build Proposal Construction Documents Revision which is made a part of the Agreement by this reference. 2.Payment. Section 4 of the Agreement is amended to increase the total project cost amount the city agrees to pay Contractor up to $4,300 as defined in Attachment A Optional Scope: 1. Add $4,300 to increase the overex and replacement with screened rock to 12” depth instead of 6” depth. The total project cost is not to exceed $332,265. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 243 First Amendment to Professional Services Agreement Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA TREASURE STATE INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 244 Belgrade/Bozeman, MT Date: 8/18/2021 City of Bozeman c/o Luke Kline, Parks Contracts Coordinator PO Box 1230 Bozeman, MT 59771-1230 Project: Bogert Park Court Renovation Design/Build Proposal Construction Documents Revision Dear Luke, Below is a revised breakout incorporating changes to date within the Construction Documents. Here’s what changed: 1.Site Demolition increased because of changes to demo limits to accommodate under slab drainage system. We also added effort to remove and stack the existing bball court tiles within the bball court fenced area. The City will reinstall upon completion. 2.Earthwork/Excavation and Placement/Compaction of Materials includes the addition of 6” of subexcavtion below subgrade and import of 6” of screened rock for the perimeter thickened edges and storm drain areas per modified recommendations within the geotechnical memo to replace existing asphalt areas that have been removed with 6” of screened rock. 3.Added Utilities to include the under slab drainage system. 4.PT Slab is higher due to an increase in footprint to include the existing posts within the slab and the need to provide 12” of embedment of the thickened edges into the existing grades around the perimeter. That increased the total height of the thickened edges from 12” to an average of around 20”. The reveal of the concrete around the perimeter will remain the same. The edges just had to be increased in height to include at least 12” underground. 5.Fencing changes includes adding the removal, offsite storage, and reinstallation of all 4 sides after adding 12” sleeve extensions to accommodate reusing the existing fence on top of the new slab rather than alongside it. Added resetting of North poles due to grade changes along the North end. 6.There was some minor changes that include grading modifications around the perimeter and a stair addition that were not added to the cost of the project as we should be able to complete those tasks while onsite completing adjacent scope. Description Total VE Difference Investigations/Site Examinations $ 550 $ 550 $ - Engineering Design SD / DD/ CD $ 9,900 $ 9,900 $ - Engineering Construction Services $ 8,800 $ 8,800 $ - General Requirements (incl. mob, traffic control, BMPs, other proj. incidentals) $ 53,030 $ 54,000 $ (970) Site demolition $ 13,500 $ 10,700 $ 2,800 Earthwork/Excavation $ 13,200 $ 12,000 $ 1,200 Utilities $ 4,585 $ - $ 4,585 Placement/Compaction of Materials $ 15,700 $ 9,200 $ 6,500 PT slab $ 132,700 $ 120,000 $ 12,700 Fencing, net posts, & gates $ 34,000 $ 31,000 $ 3,000 Court surfacing, paint, striping $ 42,000 $ 42,000 $ - SubTotal $ 327,965 $ 298,150 $ 44,360 VE amount w/ 10% Contingency $ 327,965 $ 29,815 $ 29,815 Difference $ 0 $ 327,965 $ 14,545 Optional Scope: 1.Add $ 4,300 to increase the overex and replacement with screened rock to 12” depth instead of 6” depth. First Amendment to Professional Services Agreement Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 3 of 4 Attachment A 245 Belgrade/Bozeman, MT Office: (406) 924-4525 Fax: (406) 924-8452 www.treasurestateinc.com PO Box 588 Belgrade, MT 59714 Cheers, Ty Giffin General Manager ty@treasurestateinc.com First Amendment to Professional Services Agreement Bogert Park Court Renovation Project FY 2021 – FY 2022 Page 4 of 4 Attachment A 246 Appendix A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Treasure State, Inc. Treasure State, Inc. Ty Giffin, General Manager 247 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Ratify the City Manager's Signature on First Amendment to Profession Services Agreement with Sterling BZN, LLC for Sale of Fire Station 1 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify City Manager's Signature on First Amendment to Profession Services Agreement with Sterling BZN, LLC for Sale of Fire Station 1 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2021, the City Commission approved a professional services agreement (PSA) with Sterling BZN, LLC for real estate services to sell Fire Station #1. At that time, the intent was to advertise the property for sale with no conditions on future use. Since that action, we have determined that it may be in the best interests of the community to include language that would further the development or acquisition of affordable housing in accordance with the City's strategic plan. This amendment to the PSA modifies the original agreement to specify the conditions under which the City can evaluate and negotiate the sale of Fire Station #1 with prospective buyers. The amendment also extends the deadline for offers to November 8, 2021. All other provisions of the PSA remain in tact. UNRESOLVED ISSUES:It is unknown at this time how the conditions might impact the offers the City receives. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:Unknown at this time. The budget for the Bozeman Public Safety Center includes $2.5M from the sale of Fire Station #1 net of commission fees of 5% as stated in the PSA. Attachments: First Amendment Sterling BZN, LLC.pdf Report compiled on: September 1, 2021 248 249 250 251 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The attached Amendment No. 1 to the professional services agreement (PSA) with Advanced Engineering and Environmental Services (AE2S) provides for Phase 2 of the Water Supply Optimization and Management Tool (WSOMT) project. The Phase 2 effort will provide City staff with a spreadsheet model capable of assessing monthly water availability given actual water demands and anticipated additional demands tied to proposed development. The tool will provide crucial knowledge to manage the City’s current water supply sources and growth related decisions. The original PSA for the WSOMT project is available for viewing at this link. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested FISCAL EFFECTS:The negotiated scope and fee for Amendment No. 1 totals $69,908.00. The project is largely funded by project W118 in the FY22 Water Fund CIP, which provides $60,000. The remaining $9,908 is funded by the FY22 water treatment plant operating budget. Sufficient funding is available for the project. Attachments: Amendment No. 1 to PSA for WSOMT Ph 2 Report compiled on: September 2, 2021 252 253 Engineer’s P#: P05097-2019-004 Page 1 of 2 Amendment No. 1 to Professional Services Agreement for: Water Supply Optimization and Management Tool – Phase 1 THIS AGREEMENT is made as of this ________ day of ____________________, 20 , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated December 8, 2020, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Water Supply Optimization and Management Tool – Phase 2”. Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Water Supply Optimization and Management Tool – Phase 2” a lump sum amount of $11,633.00. The Consultant’s billing rates in $/hr for its employees and lump sum costs for each task are included with this Attachment A as Table 1 and Table 2 respectively. Amend Section 5. Reimbursable Expenses: of the Original Agreement to add a new paragraph to read: For completion of the additional Scope of Services attached hereto as “Attachment A – Water Supply Optimization and Management Tool – Phase 2”, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $58,275.00 which includes $58,275.00 for Sub-consultants hired by the Consultant and $0.00 for all other reimbursable expenses. Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ___________________________________ Jeff Mihelich City Manager ATTEST: ________________________________________ Mike Maas City Clerk 254 Engineer’s P#: P05097-2019-004 Page 2 of 2 APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ Operations Manager 255 Attachment A of Amendment No. 1 to Professional Services Agreement for: Water Supply Optimization and Management Tool – Phase I. Page 1 of 2 ATTACHMENT A – Water Supply Optimization and Management Tool – Phase 2 SCOPE OF SERVICES Task 1: Phase 1 Tool Add-On: Task 1a: Hyalite Dam Groundwater Data Analysis · Review and characterize piezometer and vibrating wire data provided by MT DNRC. · Evaluate possible relationship of groundwater data to the reservoir mass balance unknown. · Revise Hyalite reservoir operating tool to reflect additional data. Task 1b: Reliable Yield Model Updates · Incorporate water right “abandonment” scenario. Functionality will be added to the reliable yield tools to simulate the elimination of non-City direct diversion rights. Task 2: Climate Change Analysis · Development of two alternative physical hydrologic availability timeseries for the City’s water sources (Sourdough, Hyalite (direct flow and reservoir), and Lyman). This will use a ratio-based approach similar in detail as presented in the technical memorandum “Climate Change Adjustment to Firm Yield and Demand for Bozeman, MT” (CH2M, 2013) but revised to be consistent with most recent climate models (CMIP5). · Modification of the recently developed reliable yield models will include user selectable scenarios (e.g. historical, climate change scenario 1, climate change scenario 2). · Documentation of the climate change scenarios and adjustment methodology. Task 3: Supply and Demand Tool Integration · Combine spreadsheet tools into single Excel file and program relationships between each. Draft relationship programming will be presented to City for review prior to finalizing. Scope includes draft programming, one revision-cycle per City review, and final version. · Create a custom dashboard within Excel to provide a user-interface o Draft dashboard will be presented to City for review prior to finalization. o Scope includes draft dashboard, one revision-cycle per City review, and resulting final version. o Dashboard will provide functionality to evaluate water supply and demand gap under various growth, climate change, infrastructure, and legal rights scenarios. o Up to three pre-set scenarios will be developed in collaboration with the City and pre-programmed into the dashboard. · Develop user manual for tool and dashboard to enable Owner updating when future data become available. 256 Attachment A of Amendment No. 1 to Professional Services Agreement for: Water Supply Optimization and Management Tool – Phase I. Page 2 of 2 Table 1: Hourly Billing Rates for Personnel Utilized on Amendment No. 1 Personnel, Classification Hourly Labor Rate Scott Buecker, Engineer VI $223.00 Zach Magdol, Engineer III $168.00 Drew Stock, Engineer I $119.00 Table 2: Task Fee Breakdown Task Consultants Fee Reimbursable Expenses Task 1 – Phase 1 Tool Add-On $2,070 $4,200 Task 2 – Climate Change Analysis $1,288 $22,575 Task 3 – Tool Integration $8,275 $31,500 Total $11,633 $58,275 TOTAL FEE $69,908 257 Memorandum REPORT TO:City Commission FROM:Zeb Breuckman, SCADA Manager Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign Task Order 3 SCADA Master Plan Development Under Existing SCADA On-Call Services Professional Services Agreement Term Contract MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order #3 SCADA Master Plan Development under existing SCADA On-Call Services Master Task Order Agreement Term Contract STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Term Contract Background: Advanced Engineering and Environmental Services, LLC (AE2S) has an existing Master Task Order Agreement Term Contract to provide SCADA On-Call services in support of the City's Water and Wastewater facilities. Task Order 3 Background: AE2S was selected to develop a SCADA System Master Plan though a competitive Request of Qualifications (RFQ) process. The SCADA System Master Plan will involve a detailed examination of existing electrical and controls infrastructure and will result in a report addressing required maintenance, planning future upgrades, and opportunities for standardization of electrical and controls equipment. Based on the results of the evaluation in this task order, additional task orders will be developed for more detailed design, planning or programming work as needed. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Bozeman City Commission. FISCAL EFFECTS:AE2S will bill for its services on a time and expense basis not to exceed $49,836. Funding for the work is available from the water fund and the wastewater fund. The Capital Improvement Project number is W106. Attachments: SCADA On-Call Services Task Order 3.pdf 258 Report compiled on: September 7, 2021 259 Page 1 of 2 EXHIBIT C to Professional Services Master Task Order Agreement Dated ______7/14/2021______ TASK ORDER NUMBER #3: P05097-2016-015 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and Advanced Engineering and Environmental Services, LLC for Bozeman SCADA On-Call Services. This is a Task Order dated ______________, between City of Bozeman (City) and Advanced Engineering and Environmental Services, LLC (Consultant). The following representatives have been designated for the work performed under this Task Order: City: Zeb Breuckman, PE, SCADA Manager Consultant: James Sletten, I&C Senior Technician Project Name: P05097-2016-015 – Bozeman SCADA Master Plan SCOPE OF WORK: The Work is described in Attachment 1: Scope Definition and Fee Summary for Task Order No.: P05097- 2016-015. COMPENSATION: City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $49,836.00 without written authorization from the parties agreeing to an increase in Consultant’s compensation limit. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s current Hourly Fee and Expense Schedule. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section of Attachment 1 along with their respective Labor Classification as of the effective date of this Task Order. Contractor shall invoice no more often than monthly for services provided in the previous pay period. The provisions of the Professional Services Master Task Order Agreement dated __7/14/2021__and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. 260 Bozeman Professional Services Master Task Order Agreement Dated: _7/14/2021__ Task Order P05097-2016-015 Bozeman SCADA Master Plan Page 2 of 2 IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No. Operations Manager September 1, 2021 261 Bozeman, Montana Bozeman SCADA Master Plan TASK ORDER NO.: P05097-2016-015 EFFECTIVE DATE OF TASK ORDER:______________________ Attachment 1: Scope Definition and Fee Summary Bozeman SCADA Master Plan This is Attachment 1, referred to in and part of Task Order No. _P05097-2016-015 Dated ____________________ , 2021 of the Agreement Between Owner and Engineer for Professional Services – Task Order Edition, dated _7/14/2021_. Description of Work: The Work will include a review of the City’s Instrumentation & Controls (I&C) and SCADA infrastructure for each of the City’s primary facilities: the Bozeman Water Treatment Plant (WTP); the Bozeman Water Reclamation Facility (WRF); and the Bozeman Distribution and Collection System. This review will include an analysis of the City’s current hardware, software, documentation, & programming standards. Once the review is complete Consultant will provide a SCADA Master Plan report detailing the existing conditions of the City’s SCADA system and recommend short term and long-term SCADA projects to improve existing systems. The proposed outline of this Master Plan report is provided in Figure #2 (below). Assumptions and Exclusions: 1. No projects identified in the Master Plan will be executed under this Task Order. AE2S will issue additional task orders to complete any projects identified in the Master Plan as needed. Owner Responsibilities 1. Owner to provide record drawings of existing facilities including Bozeman Water Treatment Plant (WTP); the Bozeman Water Reclamation Facility (WRF); and the Bozeman Distribution and Collection System. 2. Owner to provide current list of current SCADA applications and software currently deployed. 3. Owner to provide a detailed network diagram for all facilities listed in item # 1. 4. Owner to provide a list of sites and facilities to be included in the Master Plan. 262 Task Order 2 | Attachment 1 P05097-2021-006 – Bozeman Lyman WTP Panel Design Page 2 of 5 5. Owner to provide access to all facilities to be included in the Master Plan. 6. Provide All PLC, OIT, & SCADA programs to AE2S for review. Scope & Fee 1. Task to be completed for the master plan are shown in the estimated fee summary shown below (Figure # 1). 2. Report sections to be completed are shown in the table of contents below (Figure # 2). 3. Scope & Fee items 1 & 2 define the scope of the project. Any additional tasks or report sections added once the task order is signed may require an amendment to increase the agreed upon fee. Hourly Fee and Expense Schedule: ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2021 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* Administrative I $60.00 Administrative II $73.00 Administrative III $88.00 Engineering Assistant 3 $110.00 Engineer I $119.00 Engineer II $141.00 Engineer III $168.00 Engineer IV $193.00 Engineer V $205.00 Engineer VI $223.00 Engineer VII $241.00 Engineer VIII $250.00 I&C Assistant $88.00 I&C Technician I $108.00 I&C Technician II $122.00 I&C Technician III $136.00 I&C Technician IV $147.00 I&C Technician V $160.00 I&C Specialist $174.00 I&C Senior Specialist $185.00 I&C Manager $193.00 IT I $111.00 IT II $151.00 IT III $181.00 Reimbursable Expense Rates Transportation $0.65/mile Laser Printouts/Photocopies $0.30/copy UAS - Photo/Video Grade $100.00/day All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $238.00/hour Outside Services cost x 1.10 Geotechnical Services cost x 1.30 Out of Pocket Expenses cost x 1.10 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. 263 P05097-2020-010 Page 3 of 5 Think Big. Go Beyond. www.ae2s.com Figures: Figure # 1: 264 P05097-2020-010 Page 4 of 5 Think Big. Go Beyond. www.ae2s.com Figure # 2 Table of Contents GLOSSARY 1.0 INTRODUCTION 1.1 Overview ......................................................................................................................................... 1.2 Assessment Summary ..................................................................................................................... 2.0 EXISTING CONDITIONS ASSESSMENT 2.1 Primary Facilities .......................................................................................................................... 2.1.1 Sourdough WTP .......................................................................................................................... 2.1.1.1 SCADA ................................................................................................................................... 2.1.1.2 Network ................................................................................................................................... 2.1.1.1 Control Panels ......................................................................................................................... 2.1.1.1 MCC’s ..................................................................................................................................... 2.1.2 Lyman WTP ................................................................................................................................ 2.1.2.1 SCADA ................................................................................................................................... 2.1.2.2 Network ................................................................................................................................... 2.1.3 Water Reclamation Facility ........................................................................................................ 2.1.3.1 SCADA ................................................................................................................................... 2.1.3.2 Network ................................................................................................................................... 2.1.3.1 Control Panels ......................................................................................................................... 2.1.3.1 MCC’s ..................................................................................................................................... 2.1.4 Shops ........................................................................................................................................... 2.1.4.1 SCADA ................................................................................................................................... 2.1.4.2 Network ................................................................................................................................... 2.2 Water Distribution System ........................................................................................................... 2.2.1 Sourdough Tank .......................................................................................................................... 2.2.2 Kenyon Tank ............................................................................................................................... 2.2.3 Knolls Booster Station ................................................................................................................ 2.2.4 Lyman Creek WTP ..................................................................................................................... 2.3 SCADA System .............................................................................................................................. 2.3.1 SCADA Software & Servers ....................................................................................................... 2.3.2 SCADA Telemetry ...................................................................................................................... 3.0 SCADA SYSTEM ARCHITECTURE 3.1 Current ............................................................................................................................................ 265 ATTACHMENT A-1: AE2S Scope & Fee Definition AE2S Project No.: P10074-2020-001 Page 5 of 5 https://ae2s-my.sharepoint.com/personal/brian_viall_ae2s_com/Documents/Bozeman Admin/3 Agreements/1.0 Bozeman/P05097-2016-015 - Bozeman SCADA Master Plan/Attachment 1 - TO P05097-2016-015.docx 3.2 Architecture Alternatives ................................................................................................................ 3.3 SCADA Packages ........................................................................................................................... 3.4 Communications ............................................................................................................................. 3.5 Aveva - Wonderware ...................................................................................................................... 3.6 Inductive Automation – Ignition ..................................................................................................... 3.7 Industry 4.0 Solutions ..................................................................................................................... 4.0 IMPROVEMENT RECOMMENDATIONS 4.1 Primary Facilities ............................................................................................................................ 4.2 Water Distribution System .............................................................................................................. 4.4 SCADA Application ....................................................................................................................... 4.5 Standards ......................................................................................................................................... 5.0 PROJECT RECOMMENDATIONS (TBD) 5.1 Distribution PRV Vault Monitoring ............................................................................................... 5.2 WRRF Network .............................................................................................................................. 5.3 WRRF MCC Upgrade/Replacement ............................................................................................... 5.4 Logix 5000 AOI Development Assistance ..................................................................................... 5.5 Fiber Optic Network Deployment ................................................................................................... 5.6 Control Panel Standard Specification ............................................................................................. 5.7 Other Project TBD .......................................................................................................................... Appendix A-1 – Estimated Costs for Proposed SCADA Improvements To be determined ........................................................................................................................................ Personnel† Name Labor Classification James Sletten I&C Technician IV Brian Viall, PE Engineer IV Ross Hanson I&C Manager Jason Schuler Senior IT Technician Nick Ackerman, PE Engineer III † The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City. 266 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Amendment 7 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Sewer Renovations Projects MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and authorize the City Manager to sign Amendment No. 7 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to facilitate upcoming sewer 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 East Main Street, North Bozeman Avenue, South Church Avenue, and East Babcock Street as described in the attached scope of services. These surveys will be used for design of upcoming sewer 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 $25,950.50. These costs will be paid for with approved funding from the City's annual sewer renovations budget. Attachments: PSA Amendment No 7_TE.pdf Original Survey PSA.pdf Report compiled on: August 31, 2021 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Resolution 5331 Annexing the University Crossing Apartments 2021 Annexation for 10,247 sq. ft. Located at 2025 W. Kagy Blvd, and Authorizing the City Manager to Sign the Annexation Agreement and Associated Right of Way and Utility Easements, Application 21152 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approval of Resolution 5331 and authorization for City Manager signature on the annexation agreement and easements. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This application was originally heard and approved by the City Commission on August 3, 2021. The required annexation agreement and associated easements and payback district terms have been complied with. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:No budgeted funds will be affected by this application. Attachments: Resolution 5331 - University Crossing Apts 2021 Annx 21152.pdf Signed Annexation Agreement 21152.pdf 210228 - Annexation Map - 2021.08.26.pdf Signed street and utility easement for Kagy Blvd 21152.pdf Signed Utility Easement 21152.pdf Report compiled on: August 27, 2021 295 Version April 2020 RESOLUTION 5331 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION, APPLICATION 21152. WHEREAS, the City of Bozeman received a petition for annexation from Steven R Aaker requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 10,247 square feet, located at 2025 W. Kagy Blvd; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on August 3, 2021; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on August 3, 2021; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on September 14, 2021, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, 296 Version April 2020 rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 10,247 sq. ft., to wit: That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the Southwest Corner of Lot 1A, Minor Subdivision No. 503A; thence westerly 271°22'33", assumed azimuth from north, 20.00 feet on the westerly extension of the south line of said Lot 1A; thence northerly 000°37'20" azimuth 97.58 feet; thence northeasterly 036°21'41" azimuth 43.18 feet; thence northeasterly 041°08'11" azimuth 38.65 feet; thence easterly 079°11'35" azimuth 13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet; thence northerly 011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19 feet; thence northerly 007°19'59" azimuth 85.74 feet to the centerline of Kagy Boulevard; thence easterly 091°23'42" azimuth 20.11 feet along said centerline; thence on the following courses along the west line of said Minor Subdivision No. 503A: southerly 187°19'59" azimuth 222.03 feet; southwesterly 208°55'08" azimuth 77.03 feet; southwesterly 226°16'01" azimuth 79.96 feet; southerly 180°37'20" azimuth 89.39 to the point of beginning. Area = 10,247 square feet Subject to existing easements. All as depicted on the University Crossing Apartments 2021 Annexation Map 297 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September, 2021. Section 2 The effective date of this annexation is September 18, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 298 Inter-office Original to:City ofBozemanCity ClerkPO Box 1230Bozeman MT 549771-1230UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION AGREEMENTTHIS AGREEMENT made and entered into this (CV day of ?\UG;O-S.Y 2021,by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized andexisting under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Steven R. Aaker, 15658 DeerMountain Circle, Broomfield CO, hereinafter referred to as "Landowner".WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referredto as the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION situated in GallatinCounty, Montana, and more particularly described as follows:An area of land comprised described as follows:That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and ofrecord in the office of the Clerk and Recorder, Gallatin County, Montana, and located in theSoutheast Quarter of Section 14, Township 2 South, Range 5 East ofP.M.M., Gallatin County,Montana, described as follows:Begiiming at the Southwest Comer of Lot 1A, Minor Subdivision No. 503A; thence westerly271°22'33", assumed azimuth from north, 20.00 feet on the westerly extension of the south lineUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement1299 of said Lot 1A; thence northerly 000°37'20" azimuth 97.58 feet; thence northeasterly036°21'41" azimuth 43.18 feet; thence northeasterly 041°08'11" azimuth 38.65 feet; thenceeasterly 079°11'35" azimuth 13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet;thence northerly 011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19feet; thence northerly 007°19'59" azimuth 85.74 feet to the centerline ofKagy Boulevard;thence easterly 091°23'42" azimuth 20.11 feet along said centerline; thence on the followingcourses along the west line of said Minor Subdivision No. 503A: southerly 187°19'59" azimuth222.03 feet; southwesterly 208°55'08" azimuth 77.03 feet; southwesterly 226°16'01" azimuth79.96 feet; southerly 180°37'20" azimuth 89.39 to the point of beginning.Area = 10,247 square feet Subject to existing easements.All as depicted on the UNIVERSITY CROSSING APARTMENTS 2021 Annexation Map.WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;andWHEREAS, the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION is notwithin the corporate limits of the City or other municipality and may therefore be annexed to the City inaccordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. willallow the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION to connect to and utilizeCity services, including municipal water and sewer service, parks and recreation, fire and police services,and the City's transportation system; andWHEREAS, Section 7-2-4610, Mont. Code Aim. provides that a municipality and landownercan agree to the provisions of services to the area to be annexed;andWHEREAS, the parties recognize additional development on the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION will impact area parks, recreation, transportation, police, and fireservices, and that future improvements may require additional public infrastructure street improvementsUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement2300 including transportation for traffic circulation and the provisions of parks, recreation, police, and fireservices; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactory anddependable water supply and sewer supply or service, and provide transportation, parks, recreation,police and fire service for development of the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION; andWHEREAS, the parties have determined that it is in the best interests of the City and Landowner,and in furtherance of the public health, safety and welfare of the community to enter into and implementthis Agreement.WITNESSETH:IN CONSIDERATION of the mutual covenants and agreements herein contained, the partieshereto agree as follows:1. Recitals2.The above recitals are true and correct.AnnexationThe Landowner filed an application for annexation of the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION with the City on April 2, 2021. By execution of this Agreement,the City manifests its intent to annex the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisionsof Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopta Resolution of Annexation of the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION.Further, upon the execution of this Agreement, the Landowner shall do all things required by thisAgreement and all things necessary and proper to aid and assist the City in carrying out the terms,UNIVERSITY CROSSWG APARTMENTS 2021 Annexation Agreement3301 conditions and provisions of this Agreement and to effect the annexation of the UNIVERSITYCROSSING APARTMENTS 2021 ANNEXATION.3.Services ProvidedThe City will, upon annexation, make available to the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION existing City services only to the extent currently available, oras provided in this Agreement.4. Municipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,as well as any other terms and conditions which apply to the City's provision of municipal water servicebut does not include the extension of lines or construction of necessary improvements at any cost to theCity for delivery of water to and within the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering, construction, and other costs for the delivery of water to or within the UNIVERSITYCROSSING APARTMENTS 2021 ANNEXATION to include, but not limited to, any impact fees,hook-up, connection, or development charges which have been or may be established by the City.5. Municipal ^ewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service which issupplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,as well as any other terms and conditions which apply to the City's provision of this service but does notinclude the extension of lines or construction of necessary improvements at any cost to the City forcollection of sewage at and within the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement4302 engineering, construction, and other costs for the collection of sewage services to or within theUNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION to include, but not limited to, anyimpact fees, hookup, connection, or development charges which may be established by the City.6. Water RightsThe Landowner specifically recognizes and agrees the Landowner must provide water rights orcash in-lieu of water rights upon further development or subdivision of the property in accordance withSection 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights orcash-in-lieu thereof due at the time of further development or subdivision of the property based on theannual demand for volume of water the development will require multiplied by the most current annualunit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to bemade to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rightsmay increase over time as established by Resolution of the City Commission. The applicant mustperform a water rights search to determine if any exist for this property. The Landowner must transferany water rights that exist for this property to the City ofBozeman prior to development. If insufficientwater rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by theDirector of Public Service, prior to development.7. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to have preparedby a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluatingexisting capacity of sewer and water utilities in the area. The report must include hydraulic evaluationsof each utility for both existing and post-development demands, and the report findings must demonstrateadequate capacity to serve the full development of the land. If adequate infrastmcture capacity is notavailable for the proposed development, the report must identify necessary water or wastewater systemUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement5303 improvements necessary for the proposed development. If improvements to this water or wastewatersystem are necessary, the Landowner agrees prior to development of the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION to complete, at Landowner's expense, the necessary systemimprovements to serve the proposed development.8. Future Development LimitationsThe Landowner shall be responsible for installing all facilities required to provide full municipalservices to the property in accordance with the City's Infrastructure Master Plans and all City regulations,policies and guidelines that may be in effect at the time of any future development. Thus, Landownerunderstands and agrees Landowner has no right, either granted or implied, for it to further develop anyof the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION until it is verified by the Citythat the necessary municipal services, including but not limited to police and fire protection, parks andrecreation, transportation, and sewer and water capacity, are available to all or a portion of theUNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION. Notice is thus provided to theLandowner that prior to additional development of the property, the Landowner will be solelyresponsible for installing, at Landowner's sole expense, any facilities or infrastructure required toprovide full municipal services to the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/CommunityPlans, and all other city regulations, policies and guidelines that may be in effect at the time ofdevelopment.9. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION for a system designed to remove solids, oils, grease, and otherpollutants from the runoff from public streets and other impermeable surfaces may be required to beUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement6304 provided to and approved by the City Engineer at the time of any future development. The plan mustdemonstrate that adequate treatment ofrunofffrom public streets, other impermeable surfaces, and allfuture lots will be achieved by providing spot elevations, flow direction arrows, detention and/orretention basin details (including basin sizing calculations and basin typical sections), outlet structuredetails, and culvert capacity calculations. The plan must also locate and provide easements for adequatedrainage ways within the UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION totransport treated runoff to the stormwater receiving channel. The plan shall include site grading andelevation information, typical stormwater detention/retention basin and discharge structure details, basinsizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require suchStormwater Master Plan to be implemented in all or part as a condition of approval of development ofthe UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION.10. Waiver of Rieht-to-Protest Special DistrictsA. Landowner shall execute a Waiver ofRight-to-Protest Creation of Special ImprovementDistricts or Special Districts for street and transportation improvements including design andengineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainagefacilities, and fiber optic conduit for West Kagy Boulevard, South 19A Avenue, and South 27 Avenueand signalization improvements for the following intersections: a) West Kagy Boulevard and South 19Avenue, and West Kagy Boulevard and South 27 Avenue. The Landowner agrees such SID or specialdistricts will provide a mechanism for the fair and equitable assessment of construction and maintenancecosts for such improvements. The waiver is attached hereto as Exhibit "A" and is hereby incorporatedin and made a part of this Agreement.B. Landowner agrees that in the event an SID is not utilized for the completion of theseimprovements as described in subsection A above, the Landowner shall participate in an alternativeUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement7305 financing method for the completion of said improvements on a fair share, proportionate basis asdetermined by the City on the basis of the square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof.11. Public Street and Utility EasementsThe Landowner understands and agrees that a public street and utility easement must be providedat the time Landowner returns the signed annexation agreement for a fifteen (15) foot public streeteasement for expanding the southern side of Kagy Boulevard as depicted with the annexationapplication. The Landowner understand and agrees that a ten (10) foot utilities easement per38.410.060.B, BMC must be provided at the time Landowner returns the signed annexation agreementalong the property's frontage with Kagy Boulevard. The Landowner, at its sole expense, has createdsuch easements in a location and form agreeable to the City and the easements will be filed at the GallatinCounty Clerk and Recorder's Office. The Landowner further understands and agrees that additionalpublic street and utility easements may be required for delivery of municipal services with futuredevelopment and such easement shall be provided at the Landowner's sole expense.12. Street ImprovementsThe Landowner understands and agrees that at the time of future development the portion ofKagy Boulevard and its related transportation infrastmcture fronting the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION must be improved to a City standard.13. Impact FeesLandowner acknowledges that annexation and development of their property will impact theCity's existing street, water and sewer infrastructure, and the City's fire service. As approved by theCity, the Landowner and its successors must pay:A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, attime of issuance of a building permit.UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement 8306 B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or asamended, at time of issuance of a building permit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city water services.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the timeof connection to city sewer services.The amount of impact fee the Landowner or its successors pay for connection to the city's waterand sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,as amended, in effect at the time of application for a permit to coiinect. The amount of street or fireimpact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman IVtunicipalCode, as amended, in effect at the time an application for building permit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site,necessary to provide connection of the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION municipal services and which are wholly attributable to the property as determinedexclusively by the city are considered "project related improvements" as defined in Chapter 2, Article 6,Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits.If Landowner defaults on this condition at the time such is to be performed, and should defaultnot be remedied or corrected within thirty (30) days after written notice by City to the Landowner andLandowner/Developer of such default, City may at its option:A) Declare the amounts owing for impact fees immediately due and payable and Cityshall have the right and privilege to take legal action against Landowners for thecollection of such sum, including the entry of any judgment. In addition, the Citymay, at its option, enforce payment of such amount by levying an assessment onthe property.B) Elect any other remedy available to City under the laws of the State of Montana.14. AssessmentsLandowner understands and agrees that after this Agreement is recorded the UNIVERSITYCROSSING APARTMENTS 2021 ANNEXATION will be subject to City assessments for arterial andUNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement 9307 collector streets, street maintenance, and tree maintenance on the same basis as all other properties inthe City.15. Payback DistrictsThe UNIVERSITY CROSSING APARTMENTS 2021 ANNEXATION is within multipleinfrastructure payback districts. Landowner agrees to pay the following paybacks at the time Landownerreturns the signed annexation agreement to the City.a. Meadow Creek Subdivision traffic signal payback amount of $186.50 (One HundredEighty-Six dollars and Fifty cents).b. Meadow Creek Subdivision sewer improvements payback amount of $130.14 ( OneHundred Thirty dollars and Fourteen cents).16. Additional TermsThe parties recognize these documents must be filed and of record with the Gallatin County Clerkand Recorder prior to the sale of any land within the UNIVERSITY CROSSING APARTMENTS 2021ANNEXATION. The parties further agree that the City may file these documents at any time.17. Governins Law and VenueThis agreement shall be constmed under and governed by the laws of the state of Montana. Inthe event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,State of Montana.18. Attorney's FeesIn the event it becomes necessary for either party to this Agreement to retain an attorney toenforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled toreasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including CityAttorney.UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement10308 19.WaiverNo waiver by either party of any breach of any term, covenant or agreement shall be deemed awaiver of the same or any subsequent breach of this same or any other term, covenant or agreement. Nocovenant, term or agreement shall be deemed waived by either party unless waived in writing.20. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect the otherprovisions hereof, and this Agreement shall be constmed in all respects as if such invalid orunenforceable provision were omitted.21. Modifications or AlterationsNo modifications or amendment of this Agreement shall be valid unless evidenced by a writingsigned by the parties hereto.22. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assign thisAgreement in whole or in part without prior written consent of the City.23. SuccessorsThis Agreement shall be binding upon, inure to the benefit of and be enforceable by the partieshereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser ofthe annexed property.24. Covenants to Run with the LandThe parties intend that the terms of this Agreement shall benefit the UNIVERSITY CROSSINGAPARTMENTS 2021 ANNEXATION and shall be covenants running with the land and shall not expireat their deaths or upon transfer of ownership of the property.UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement11309 The undersigned Landowner affirms that they have authority to enter into this Agreement and tobind themselves to this Agreement.IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day andyear first above written.LANDOWNER';^^.~^^*».1STEVEN R. AAKERSTATE OF COLORADO):ssCOUNTY OF BROOMFIELD )On thisM^day of_, 2021, before me, the undersigned, a NotaryPublic for the State of Colorado, personally appeared Steven R. Aaker known to me to be the landownerthat executed the within instrument, and acknowledged to me that he executed the same for and on behalfof landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)ICATHERINE S FELTMANNOTARY PUBLIC - STATE OF COLORADONOTARY ID 20164047704MY COMMISSION EXPIRES DEC 19, 2024ICe^^—/(Printed Name Here) CMkl^U- ^ F^{-h^A^Notary Publiq for the State of.Residing at <A>^^U (\-L C^TLt^C?My Commission Expires: ^^<u^__J^'(Use 4 digits for expiration year)UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement12310 CITY OF BOZEMANBy: JeffMiheIich, City ManagerATTEST:Mike Maas, City ClerkSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of.., 2021, before me, a Notary Public for thestate of Montana, personally appeared JeffMihelich and Mike Maas, known to me to the personsdescribed in and who executed the foregoing instrument as City Manager and City Clerk respectively,of the City ofBozeman, whose names are subscribed to the within instrument and acknowledged to methat they executed the same for and on behalf of said City.n»J WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement13311 EXHIBIT "A"WAIVER OF RIGHT TO PROTESTCREATION OF SPECIAL IMPROVEMENT DISTRICTSUNIVERSITY CROSSING APARTMENTS 2021 ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and ofrecord in the office of the Clerk and Recorder, Gallatin County, Montana, and located in theSoutheast Quarter of Section 14, Township 2 South, Range 5 East ofP.M.M., Gallatin County,Montana, described as follows:Beginning at the Southwest Comer of Lot 1A, Minor Subdivision No. 503A; thence westerly271°22'33", assumed azimuth from north, 20.00 feet on the westerly extension of the south lineof said Lot 1A; thence northerly 000°37'20" azimuth 97.58 feet; thence northeasterly036°21'41" azimuth43.18 feet; thence northeasterly 041 °08'11" azimuth 38.65 feet; thenceeasterly 079°11'35" azimuth 13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet;thence northerly 011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19feet; thence northerly 007°19'59" azimuth 85.74 feet to the centerline ofKagy Boulevard;thence easterly 091°23'42" azimuth 20.11 feet along said centerline; thence on the followingcourses along the west line of said Minor Subdivision No. 503A: southerly 187°19'59" azimuth222.03 feet; southwesterly 208°55'08" azimuth 77.03 feet; southwesterly 226°16'01" azimuth79.96 feet; southerly 180°37'20" azimuth 89.39 to the point of beginning.Area = 10,247 square feet Subject to existing easements.FN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to WestKagy Boulevard, South 19th Avenue, and South 27th Avenue, and the intersections of West KagyBoulevard and South 19th Avenue and West Kagy Boulevard and South 27th Avenue which will becaused by the development of the above-described property, the owner has waived and does herebywaive for itself, its successors and assigns forever the right to protest the creation of one or more specialimprovement districts for the design and engineering, construction and maintenance of followingimprovements: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk,UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement 14312 and storm drainage facilities for West Kagy Boulevard, South 19th Avenue, and South 27th Avenue;and intersection improvements for the intersections of West Kagy Boulevard and South 19thAvenue and West Kagy Boulevard and South 27th Avenue.Landowner agrees the City has the sole right to control the design and construction of suchimprovements and may include any of the above components and others necessary to ensure suchimprovements comply with all adopted City infrastructure plans and requirements. Further, theLandowner waives its right or to make any written protest against the size or area or creation of thedistrict be assessed in response to a duly passed resolution of intention to create one or more specialimprovement districts which would include the above-described property.In the event a SID is not utilized for the completion of these improvements, the developer agreesto participate in an alternate financing method for the completion of said improvements on a fair share,proportionate basis as determined by the City on the basis of the square footage of property, taxablevaluation of the property, traffic contribution from the development or a combination thereof.This waiver is made for the benefit of the property described herein shall be a covenant mnningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement15313 DATED this 'c\ day of (^\^>C>^^\ , 2021.LANDOWNERSteven R. AakerSTATE OF COLORADO ):ssCOUNTY OF BROOMFIELD)On this l^'-" day of., 2021, before me, the undersigned, a Notary Publicfor the State of Colorado, personaHy appeared Steven R. Aaker known to me to be the landowner thatexecuted the within instrument, and acknowledged to me that he executed the same for and on behalfof landowner.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)CATHERINE S FELTMANNOTARY PUBLIC - STATE OF COLORADONOTARY ID 20164047704MY COMMISSION EXPIRES DEC 19, 2024ICc^^, JJ^~-—^(Printed Name Here) O^kt^-C^ F<-t-hvu^Notary Public for the State of G&^cdLoResiding at \^AA^\\C GrlcZO^LyMy Commission Expires :P^UuJ>^t \C\irLDi^(Use 4 digits for expiration year)UNIVERSITY CROSSING APARTMENTS 2021 Annexation Agreement16314 315 RETURN RECORDED DEED TO:Bozeman City ClerkPO Box 1231'Bozeman,MT 59771-1231PUBLIC STREET AND UTILITY EASEMENTSteven R Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, inconsideration of one dollar and other good and valuable consideration, receipt of which isacknowledged, does hereby grant to City ofBozeman, 121 North Rouse Avenue, P.O. Box 1230,Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, itssuccessors and assigns, a perpetual street and utility easement for the use of the public, in,through, over and across a strip of land 15.00 feet wide situated in Gallatin Coimty, Montana, tobe located on the following described real property:Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section14, T. 2 S., R. 5 E. ofP.M.M., City ofBozeman, Gallatin County, Montana.The easement is more particularly shown and dimensioned on the attached Exhibit A, which bythis reference is made a part of this document.The GRANTOR states that he possesses the real property described above and that he has alawful right to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights andprivileges herein granted without any interruption by the GRANTOR.The terms, covenants, and provisions of this easement shall extend to and be binding upon theheirs, executors, administrators, personal representatives, successors, and assigns of the parties316 hereto.DATED this ^\ day of S?\^(SOS,2021.GRANTOR: Steven R. AakerSteven R. AakerSTATE OF COLORADO)) ss.^County of_UOOMn^ys )This instmment was signed or acknowledged before me this 1 day of ^\U^rO ^2021, by Steven R. Aaker.- ^ . (SEAL)^CN—K ^ ^.;Notary Public for the State of ColoradoPrinted Name: ^\\c^^^ ^ 6^v-Tto^O'£Residing at A>rZc-<? 1^ j^i e^t^, Co L- & r;-i^-0sMy Commission Expires _0j_/_^_2^./20_2^-MICHAEL D GAITONDENOTARY PUBLIC . STATE OF COLORADONOTARY ID 20164001278MY COMMISSION EXPIRES JAN 12, 2024I317 DATED thisday of_,2021.ACCEPTED - CITY OF BOZEMANBy: JeffMihelich, its City ManagerATTEST:By: Mike Maas, its City ClerkSTATE OF MONTANA ))ss.County of Gallatin )day of, 202_, before me, a Notary Public for theOn thisState of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to bethe City Manager and City Clerk, respectively, of the City of Bozeman and the persons whosenames are subscribed to the within instrument, and acknowledged to me that they executed thesame for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the dayand year first above written.(SEAL)Notary Public for the State of MontanaPrinted Name:Residing at.My Commission Expires/_/20G:\C&H\21\210228\Annexation And Zoning\Easements And Waivers\15 Ft. Wide Public Road And Utility Easement.Doc318 (EXHBIT_A15f PUBLIC STREET AND UTILIFf EASEMENT, LOT 2A, MINOR SUBDIVISION N0^ 191-B_LOCATED IN THESE'^SEcffoN 74WTV12"S., RW5"EVOF^M^ ClfY'OF'BOZEMAK GALLATIN COUNTY, MONTANAEXISTING 45' WIDE PUBLICSTREET AND UTIUTYEASEMENT PER FILM 179, P.214020.11 271*23'41">'19"W]•$r~T15.08 187'19'59"[S7*19'59"W]EASTERLY WEJU^ND BOUNDARYAS FIELD LOCATED 5/30/2019OFMO-V.%^'I»7.(^c6^MARKCHANDLERs^^ESN9510.w•^-.&30%^\;&3K(^.^AREA OFEASEMENT =v// 302 SF30' WETLANDSETBACK50'KTLOT 2A (REMAINDER) /. 191-//5015Scale In Feet0 _ 50^0Scale In Meters15T/W4///////////////J///PROPOSED 15'PUBLIC STREET AND UTILITC EASEMENTkGY BtjVD.KAGY BOULEVARDKAGYFOUNp 5/8" REBAR W/ NO CAP^---T-- 115'T5'.08-D07T9>5g"-[NT19'59"E]20.11 091*23'42"[S88'36'18"E]0>WU)E PyBLIC STREET AND UfiLIFf EASEMENT GRANTED'.T^g:rY_OF BOZEMAN^ER DOC. NO. 2303763(C&^E^GR 9518ES)~1Y/-»et Magnailan^s^)isk/^_10^ PUBLIC UTILITY EASEMENT PER MINOR^UBDT^03~-^-—--^--COMMONOPENSPACESet Magnailanti Disk(C^cH ENGR 9518ES)EXISTING 30' PUBLIC ACCESS ANDUTILITY EASEMENT PERDOC. NO. 2471375 & 2471376LOT 2A,MIN. SUBD. 505AWETLANDSETBACKLOT 1A, MINOR SUBD.505ASet Magnail and Disk(C&H ENGR 9518ES)tEngineering and Surveying Inc.1091 Stoneridge Drive • Bozeman, MT 59718Phane (406) 587-1115 • Fax (406) 587-9768www.chengineers.com • info@chengineers.com Sheet 1 of 1W'ly extension of South line of Lot 3CP #2m»^«J?00-4I• EMIN.Set Magnail and Disk(C&H ENGR 9518ES)DdSTING 30' 'PUBLIC ApCEgS ANDUTILITY (EASEMENT!DOC. NO. 2471375 &lLOT J]J.BD.I 505ISW Cor. of Lot 3. Urfiversity Ct-os^ing Minor Subd.No. 505. Fd. 5/8" Rlbar with |YPfc (Illegible)P.O.B.d^71376190499319 Return to:Bozeman City ClerkP.O. Box 1230Bozeman, MT 59771-1230UTILITY EASEMENTSteven R Aaker, of 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, inconsideration of one dollar and other good and valuable consideration, receipt of which is herebyacknowledged, grants to The City ofBozeman, a municipal corporation of the State of Montana,with offices at 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230,GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and everyperson, firm or corporation, whether public or private, providing or offering to providetelephone, electric power, gas, internet, cable television or other similar utility or service, theright to the joint use of an easement for the construction, maintenance, repair, and removal oftheir lines and other facilities, in, through, and across a strip of land situated in Gallatin County,Montana, 10 feet wide to be located on the following described real property:Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section 14, T.2 S., R. 5 E. ofP.M.M., Gallatin County, Montana.The easement is more particularly shown and dimensioned on the attached Exhibit A, which bythis reference is made a part of this document.The GRANTOR states that it possesses the real property described above and that it has a lawfulright to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights andprivileges herein granted without any intermption by the GRANTOR.The terms, covenants, and provisions of this easement shall extend to and be binding upon the320 heirs, executors, administrators, personal representatives, successors, and assigns of the partieshereto.DATED thisGRANTOR: Steven R. Aakerday of ^\^£>o-^,2020.Steven R. AakerSTATE OF COLORADO )ssCounty ofU^<v\F_i£L^ )t(^This instrument was signed or acknowledged before me this I day of ^'J&V'-ST2021, by Steven R. Aaker.(SEAL).5*,Notary Public for the State of MontanaPrinted Name: K<.<-'(^^_ \). G^'.-r^ N>0^Residing at ft>-<Z^X)<(^ V-1 g^fc> , ec i-o (2-/V&0My Commission Expires _G\_/_\Z_/20_2^MICHAEL D GAITONDENOTARY PUBLIC - STATE OF COLORADONOTARY ID 20164001278MY COAAMISSION EXPIRES JAN 12, 2024IIIG:\C&H\21\210228\Easements And Waivers\Working DocumentsMO Ft. Wide Utility Easement Aajker.Doci321 EXHBIT A10' PUBLIC UTILITY EASEMENT, LOT 2A, MINOR SUBDIVISION NO. 191-BLOCATED IN THE SE 1/4, SECTION 14, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA<L KAGY BLVD.KAGY BOULEVARD-^t20.11 091'23'42"EXISTING 45' WIDE PUBLICSTREET AND UTILITYEASEMENT PER FILM 179, P.2140)'18"E]i?PROPOSED 10'I- PjUBLIC UTILITY; EASEMENTFOUNp 5/8" REBAR W/ NO CAPv ^ ^ '4^^^^^4,^^^,^.^^,^^^^^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^ ^^^ ^ _^15-3E PUBLIC STREET AND UTILI'IY EASEMENT GRANTEDT(^?JTY__0^ BOZEMAN_^ER_^pC_JslO. _2303763 '^^<j5.Q5<'00"7-J§'5^"^N7'<-19'59"^\'l"' ^REA'QF^SE^IEW-^ 2Qf ^\\" ^ ^nEa),LOCM£D,y/3^20^ ./W^PLJBUC_UTILITY EASEMENT PER-M^ORTuBD-^03/-iet Maqnailan^\Disk10.05 187°19'59"[S7-19'59 "W]20.11 27r23'42"[N88'36'18"W]>r(C&:^/E^IGR 9518ES)/ \•*•**M'"EASTERLY WETLANB BOUNDARY ^<*'/COMMONOPENSPACE^'*'<*'f~r//f\/^OFMQV^1-M-%Se\Magnailan(J Disk(C<^H ENGR 9518ES)EXISTING 30' PUBLIC ACCESS ANDUTILITY EASEMENT PERDOC. NO. 2471375 & 2471376LOT 2A,IN. SUBD. 505A4'1t^. ^/^ xCyANDLER^ ^M'oi'i'M'f'i'i'i'^^ 33' WETLAN'D^,^^^^4'^^^^^'k ^SETBACK^-^50^>*0m^coNo.-95m^^M>^ ^ ^<4^ *^^ ^ ^/<*'^<*'cn^^0^•^/«EN^-:^^<"/\;^s%/58' WETLAND -^^^"'"SETSACK" -1' v~4, 4, ,^ ^'*'^M-/'+'M>^^f<*'<^/^4'f'+'<*'Jr<+'^^M-yM->rNfySet Magnail and Disk(C&H ENGR 9518ES)M-4-^ ^ ^ ^ ^ ^^1 ^ ^|_©T-2A'(REMAINDER<*''4'LOT 1A, MINOR SUBD.503A0•^^<*''+'.'*'I /Set Magnail and Disk(C&H ENGR 9518ES)^ /*~r-^'*'4'^<*'/^^•+'^M^•<-/'+'^^'*''+'r^^4-^Scale In Feet0~1-<*'f^5050>r M>'+'^'+'•+'<+''*'^<*'<*'150153,^f'*'^Scale In Meters<f'I'^^<*'MIN.BD.503Nf<*'<*'^'*''*'<*'<*'EXISTING 30'PUBLIC ACCEgS AND^^UTILITT lEASEMEN-Tl P^RDOC. NO. 2471375 &l 2471376M-<*'^^dW'ly extension of South line of Lot 3^^^^SW Cor. of Lot 3, University C^s^ing Minor Subd.No. 503, Fd. 5/8" R^bar with |YPt (Illegible)P.O.B.^^^<*'CP #2-fM>^-.1G4'~r•^<k^•^Engineering and Surveying Inc.1091 Stoneridge Drive • Bozeman, MT 59718Phone (40B) 5B7-1115 • Fax (40B) 587-9768www.chsngineers.com • infoig'chengineers. corn Sheet 1 of 1190499322 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT:Resolution 5332 Intent to Modify Special Improvement Lighting District 744 for South University District Phases 1-3 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5332 Intent to Modify Special Improvement Lighting District #744 for South University District Phases 1-3 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:(1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:N/A ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill It is estimated to cost $60.08 per acre within the district or $848.28 annually for 323 the entire district. On an average size lot of 9,604 square feet the annual estimated cost would be $13.24 payable semiannually. Attachments: Resolution 5332 Intent to Modify SILD 744 Boulder Creek Subdivision.docx EXHIBIT A.pdf EXHIBIT B.pdf Report compiled on: August 16, 2021 324 Page 1 of 10 COMMISSION RESOLUTION NO. 5332 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 744 (BOULDER CREEK SUBDIVISION PH 1-3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT (TO INCLUDE ONE ADDITIONAL STREET LIGHT)FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Modify District; Proposed Improvements. It is the intention of this Commission to Modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Boulder Creek Subdivision Phases 1-3 (the “District”) for the purpose of maintenance and energy costs The district will pay the maintenance and energy costs for twelve (12) KIM VRBI LED single function, aluminum shaft with domed top bollard lights in polyester powder coated finish mounted on 10" concrete foundations (the “Fixtures”) selected for pedestrian trails intersecting public streets; six (6) Spaulding Lighting Cimarron Series LED streetlights mounted on 25' round tapered bronze steel poles with powder coated bronze finish (the “Fixtures”) selected for various intersections; one (1) Cimarron LED streetlight mounted on a 25’ round tapered bronze steel pole with powder coated bronze finish (the “Fixtures”) selected for the walkway on Abigail Lane; two (3) Philips LUMEC LED Roadway corridor lights mounted on 35' tall green, round, tapered steel poles (the 325 Resolution 5332, Intent to Modify Lighting District 744 Page 2 of 10 “Fixtures”) selected for Oak Street and Abigail Lane; at the locations shown on Exhibit A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $1.02 per KIM LED 25-watt bollard fixture for a total of $12.24 per month; $4.49 per Spaulding 110-watt LED streetlight fixture for a total of $26.96 per month; $8.22 per Philips LUMEC Roadway 207-watt corridor lighting fixture for a total of $24.64; $6.85 per Cimarron 20-Watt LED fixture for a total of $6.85; or $70.69 per month. Section 2 Number of District. The District, if the same shall be Modified and established, shall be known and designated as Special Improvement Lighting District No.744 (Boulder Creek Subdivision Phases 1-3) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 326 Resolution 5332, Intent to Modify Lighting District 744 Page 3 of 10 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $848.28, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues, and alleys. The total area of the District to be assessed is 14.12 acres, or 615,157.00square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $60.08 or $0.00138 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $848.28, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500.00 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $95.49 per acre, or $0.00219 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 327 Resolution 5332, Intent to Modify Lighting District 744 Page 4 of 10 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (October 4, 2021) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on October 5, 2021 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on September 19, 2021 and September 26, 2021 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last 328 Resolution 5332, Intent to Modify Lighting District 744 Page 5 of 10 completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September 2021. ___________________________________ CYNTHIA ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 329 Resolution 5332, Intent to Modify Lighting District 744 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5332, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE MODIFICATION OF SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 744 (BOULDER CREEK SUBDIVISION PHASES 1-3) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT (TO ADD ONE ADDITIONAL LIGHT ON ABIGAIL LANE) FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on September 14, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 15 th day of September, 2021. ___________________________________ MIKE MAAS City Clerk 330 Resolution 5332, Intent to Modify Lighting District 744 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 744 (BOULDER CREEK SUBDIVISION PHASES 1-3) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 14, 2021, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5332toModifySpecial Improvement Lighting District No. 744(the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Boulder Creek Subdivision, and paying maintenance and energy costs relating thereto. The modification adds one additional streetlight on Abigail Lane. A complete copy of the Resolution of Intention (the “Resolution”) No. 5332 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for twelve (12) KIM VRBI LED single function, aluminum shaft with domed top bollard lights in polyester powder coated finish mounted on 10" concrete foundations (the “Fixtures”) selected for pedestrian trails intersecting public streets; six (6) Spaulding Lighting Cimarron Series LED streetlights mounted on 25' round tapered bronze steel poles with powder coated bronze finish (the “Fixtures”) selected for various intersections; one (1) Cimarron LED streetlight mounted on a 25’ round tapered bronze steel pole with powder coated bronze finish (the “Fixtures”) selected for the walkway on Abigail Lane; two (3) Philips LUMEC LED Roadway corridor lights mounted on 35' tall green, round, tapered steel poles (the “Fixtures”) selected for Oak Street and Abigail Lane; at the locations shown on Exhibit 331 Resolution 5332, Intent to Modify Lighting District 744 A (the “Improvements”). The initial monthly charges per fixture per month (the “Monthly Charge”) areestimated as follows: $1.02 per KIM LED 25-watt bollard fixture for a total of $12.24 per month; $4.49 per Spaulding 110-watt LED streetlight fixture for a total of $26.96 per month; $8.22 per Philips LUMEC Roadway 207-watt corridor lighting fixture for a total of $24.64; $6.85 per Cimarron 20-Watt LED fixture for a total of $6.85; or $70.69 per month. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an area basis annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge are $848.28 per year for the entire District. The total area of the District to be assessed is 14.12acres, or 615,157 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $60.18 or $0.001379 per square foot annually. On an average size lot of 9,604 square feet the annual estimated cost would be $13.24, payable semiannually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500.00 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $95.49 per acre, or $.00219 per square foot. On Tuesday, October 5, 2021 at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Due to the City’s Declaration of Emergency for the Covid-19 Pandemic, this meeting may be held online using Webex or other technology. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City 332 Resolution 5332, Intent to Modify Lighting District 744 Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, October 4, 2021. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: September 15, 2021 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ MIKE MAAS City Clerk Legal Ad Publication Dates: Sunday, September 19, 2021 Sunday, September 26, 2021 333 Resolution 5332, Intent to Modify Lighting District 744 COMMISSION RESOLUTION NO. 5332 Resolution of Intent to ModifySILD No. 744 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to Boulder Creek Subdivision Phases 1-3, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regards to the owners in Special Improvement Lighting District No. 744, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, September 17, 2021, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Mas City Clerk Subscribed and sworn before me this 17th day of September, 2021. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 334 PHASE 3PHASE 1 PHASE 3 PHASE 1 PHASE 3 PHASE 2PHASE 1PHASE 2 PHASE 1 PHASE 1 PHASE 3 PHASE 3PHASE 1PHASE 1335 Owner Name Owner Address Ciuty State Zip Phase Acct #Lot Block Address Sq Ft 1 270080 1 4 1105 Abigail Ln Unit A 3248 Horlacher Jess & Andrea 211 Linney Spur Rd Bozeman MT 59718 1 270090 1 4 1105 Abigail Ln Unit B 3248 Beavon Levi & Alecia PO Box 10097 Bozeman MT 59719 1 256780 2 4 1123 Abigail Ln 7168 Stoneridge Properties LLC 1091 Stoneridge Dr Bozeman MT 59718 1 256810 3 4 1147 Abigail Ln 6962 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 256820 4 4 1155 Abigail Ln 6726 Stormy LLC 2264 Jackrabbit Ln Unit 1A Bozeman MT 59718 1 256840 5 4 1177 Abigail Ln 7641 Campbell Enterprises LLC 141 Old Timber Way Bozeman MT 59718 1 256850 6 4 1185 Abigail Ln 8384 Campbell Enterprises LLC 141 Old Timber Way Bozeman MT 59718 1 256790 1 5 1126 Abigail Ln 56832 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 256800 2 5 1144 Abigail Ln 52962 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 256830 3 5 1168 Abigail Ln 54463 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 256860 4 5 1180 Abigail Ln 53276 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 272860 1 7 1093 Abigail Ln Unit A 3409 Ireton Christopher D & Sara K & Gregory C 1093 Abigail Ln Unit A Bozeman MT 59718 1 272870 1 7 1093 Abigail Ln Unit B 3409 De Marco George Vincent & Julienne Marie Trustees 31981 Via Coyote Trabuco Canyon CA 92679 1 256740 2 7 1075 Abigail Ln 6000 Fretwell Jakob Stone & Colter Nichols 1075 Abigail Ln Bozeman MT 59718 1 256720 3 7 1047 Abigail Ln 6000 Graf Anna M 3035 Macnab St Bozeman MT 59715 1 281200 4 7 1029 Abigail Ln Unit A 3000 Lindbom Dawn PO Box 6203 Bozeman MT 59771 1 281210 4 7 1029 Abigail Ln Unit B 3000 Perez Susanna K 1029 Abigil Ln Unit B Bozeman MT 59718 1 256660 5 7 1001 Abigail Ln 6000 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 1 256760 1 8 1098 Abigail Ln 6817 Stormy LLC 2264 Jackrabbit Ln Unit 1A Bozeman MT 59718 1 256730 2 8 1072 Abigail Ln 6000 3D Investments LLC 5200 Thorpe Rd Belgrade MT 59714 1 256710 3 8 1042 Abigail Ln 6000 3D Investments LLC 5200 Thorpe Rd Belgrade MT 59714 1 256690 4 8 1028 Abigail Ln 6000 3D Investments LLC 5200 Thorpe Rd Belgrade MT 59714 1 256670 5 8 1006 Abigail Ln 6000 3D Investments LLC 5200 Thorpe Rd Belgrade MT 59714 1 256640 6 8 982 Abigail Ln 6000 3D Investments LLC 5200 Thorpe Rd Belgrade MT 59714 1 262650 7 8 960 Abigail Ln Unit A 3000 Krause Katherine Elizabeth 960 Abigail Ln Unit A Bozeman MT 59718 1 262660 7 8 960 Abigail Ln Unit B 3000 Neyhart Joy M 108 Troy Ave Juneau AK 99801 1 262620 8 8 942 Abigail Ln Unit A 3000 Moos Robert William Donald 942 Abigail Ln Unit A Bozeman MT 59718 1 262630 8 8 942 Abigail Ln Unit B 3000 Thomas A Danahy & Sharon M Wilkinson 942 Abigail Ln Unit B Bozeman MT 59718 1 262600 9 8 926 Abigail Ln Unit A 3409 Sugden David R & Marni A Trustees 308 Costa Bella Ct Costa Mesa CA 92627 1 262610 9 8 926 Abigail Ln Unit B 3409 Usmonov Farrukh 926 Abigail Ln Unit B Bozeman MT 59718 2 263060 1 9 1097 Cassandra Ln Unit A 3409 Holmes Katherine 1097 Cassandra Ln Unit A Bozeman MT 59718 2 263070 1 9 1097 Cassandra Ln Unit B 3409 Buchner Donald J & Jolisa I Trustee 830 Alabama St Lawrence KS 66044 2 254380 2 9 1085 Cassandra Ln 6000 Cassandra LLC 1697 Ryun Sun Way Bozeman MT 59718 2 262980 3 9 1055 Cassandra Ln Unit A 3000 Daly Robert Joseph & Williams Jasmin Quinna 1055 Cassandra Ln Unit A Bozeman MT 59718 2 262990 3 9 1055 Cassandra Ln Unit B 3000 Groskreutz Kaley 1055 Cassandra Ln Unit B Bozeman MT 59718 2 254330 4 9 1033 Cassandra Ln 6000 Rosa Abigail L Trust PO Box 10354 Bozeman MT 59718 2 254320 5 9 1017 Cassandra Ln 6000 Ford Jeffrey A & Heather R 520 Arrow Trail Bozeman MT 59718 EXHIBIT B BOULDER CREEK SUBDIVISION PHASES 1 - 3 336 2 272190 6 9 981 Cassandra Ln Unit A 3000 Kraft, Leah 981 Cassandra Ln Unit A Bozeman MT 59718 2 272200 6 9 981 Cassandra Ln Unit B 3000 MT Huckleberry LLC 981 Cassandra Ln Unit B Bozeman MT 59718 2 261740 7 9 969 Cassandra Ln Unit A 3000 Horlacher Jesse j & Andrea E 211 Linney Spur Rd RD Bozeman MT 59718 2 261750 7 9 969 Cassandra Ln Unit B 3000 Beavon Levi Neal & Alecia Renee PO Box 10097 Bozeman MT 59719 2 270410 8 9 947 Cassandra Ln Unit A 3000 Beavon Levi Neal & Alecia Renee PO Box 10097 Bozeman MT 59719 2 270420 8 9 947 Cassandra Ln Unit B 3000 Horlacher Jesse j & Andrea E 211 Linney Spur Rd RD Bozeman MT 59718 2 272210 9 9 925 Cassandra Ln Unit A 3409 Johnson, Meredith & Nathan 925 Cassandra Ln Unit A Bozeman MT 59718 2 272220 9 9 925 Cassandra Ln Unit B 3409 Johnson, Zachary J 925 Cassandra Ln Unit B Bozeman MT 59718 2 265760 1 10 1096 Cassandra Ln Unit A 3648 Four Corners Construction LLC & Stoneridge Properties LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 2 265770 1 10 1096 Cassandra Ln Unit B 3648 Four Corners Construction LLC & Stoneridge Properties LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 2 254370 2 10 1082 Cassandra Ln 6372 Jourdonnais, Jacob & LIndsey J 1082 Cassandra Ln Unit A Bozeman MT 59718 2 262490 3 10 1060 Cassandra Ln Unit A 3164 Budler Shelby 1060 Cassandra Ln Unit A Bozeman MT 59718 2 262500 3 10 1060 Cassandra Ln Unit B 3164 Mulick David J & Sharon H Mulick Family Trst 252 Dena Dr Newbury Park CA 91320 2 254340 4 10 1038 Cassandra Ln 6281 Four Corners Construction LLC & STONERIDGE PROPERTIES LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 2 254310 5 10 1012 Cassandra Ln 6235 Isac Holdings LLC PO Box 10354 Bozeman MT 59719 2 254300 6 10 986 Cassandra Ln 6167 Isac Holdings LLC PO Box 10354 Bozeman MT 59719 2 272880 7 10 964 Cassandra Ln Unit A 3061 Young Matthew C & Brian & Jackie 42503 NW 7TH CT Woodland WA 98674 2 272890 7 10 964 Cassandra Ln Unit B 3061 Keeley Benjamin J 964 Cassandra Ln # B Bozeman MT 59718 2 273490 8 10 942 Cassandra Ln Unit A 3038 Manley Scott & Lisa & Logan & Dillon 157 Arrow TRL Bozeman MT 59718 2 273500 8 10 942 Cassandra Ln Unit B 3038 Joder Eric R PO Box 7317 Bozeman MT 59771 2 254230 9 10 920 Cassandra Ln 6847 Tart Properties LLC 715 Bates RD Manhattan MT 59741 3 268160 1 1 5205 Sherwood Way Unit A 5039 Williams Scott & Mistry PO Box 247 La Conner WA 98257 3 268160 1 1 1107 Samantha Ln Unit B 5039 Alyssa Nistler Real Estate LLC 7555 Cottonwood RD Bozeman MT 59718 3 268150 2 1 1121 Samantha Ln 8821 Alyssa Nistler Real Estate LLC 7555 Cottonwood RD Bozeman MT 59718 3 268140 3 1 1133 Samantha Ln 8432 Isac Holdings LLC PO Box 10354 Bozeman MT 59719 3 268130 4 1 1145 Samantha Ln 9827 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268120 5 1 1163 Samantha Ln 8874 Shank Development LLC 4745 Jordan Spur Rd Bozeman MT 59718 3 268110 6 1 1175 Samantha Ln 8278 Shank Development LLC 4745 Jordan Spur Rd Bozeman MT 59718 3 268100 7 1 1187 Samantha Ln 6555 Applebee WJ III 51 Paddock CT Bozeman MT 59718 3 280230 1 2 5105 Samantha Ln Unit A 3900 Lejess Construction LLC 211 Linney Spur Rd RD Bozeman MT 59718 3 280240 1 2 5105 Samantha Ln Unit B 3900 Byrnes, Christopher & Barilyn Fakla 5105 Samantha Ln Bozeman MT 59718 3 268070 2 2 5133 Samantha Ln 6000 Mills Aaron 118 Gloria CT Bozeman MT 59718 3 267440 3 2 5155 Samantha Ln 6000 Doyle Kimberly Jane 6084 Alton ST Denver CO 80238 3 268080 4 2 5175 Samantha Ln 6155 Horlacher Construction LLC 211 Linney Spur Rd ROAD Bozeman MT 59718 3 268090 5 2 5197 Samantha Ln 6973 Paul Son Project LLC 4565 Valley Commons Unit 202 Bozeman MT 59718 3 268170 1 3 1106 Samantha Ln 8011 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268180 2 3 1122 Samantha Ln 7798 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268250 3 3 1130 Samantha Ln 6958 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268190 4 3 1142 Samantha Ln 6409 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268200 5 3 1160 Samantha Ln 6287 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268210 6 3 1184 Samantha Ln 7199 Stormy LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 268240 1 6 5180 Sherwood Way 5988 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 337 3 268230 2 6 5160 Sherwood Way 6000 Four Corners Construction LLC 2264 Jackrabbit Ln Unit B Bozeman MT 59718 3 281560 3 6 5140 Sherwood Way Unit A 3000 Alyssa Nistler Real Estate LLC 7555 Cottonwood RD Bozeman MT 59718 3 281570 3 6 5140 Sherwood Way Unit B 3000 Freedman, Haley Janelle 683 Rudder RD Naples FL 34102 Total Square Footage 615157.00 Total Acreage 14.12 338 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5334 Authorizing Prime Change Order 13 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5334, Authorizing Prime Change Order 13 with Langlas and Associates for Construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) and includes credits of $14,517.64 and additional work of $286,525.84 for the addition of a 250kW solar panel array and other changes necessary to the project but not included in the original bids. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 13 is within the approved contingency amounts and authorized project budget. Attachments: 19426 Change Estimate Log 08.16.21.pdf BPSC Job No. 19426 Prime CO 13_signed STL.pdf Report compiled on: September 2, 2021 339 340 Date:8/16/2021Change Estimate LogCONTRACT SUMMARYCONSTRUCTION CONTINGENCY SUMMARYContract Sum at GMP36,436,485.00$ Construction Contingency at GMP888,695.00$ Project Name:Previously Approved CO's558,467.77$ Previously Approved Adjustment302,127.46$ Bozeman Public Safety CenterCurrent Contract Sum36,994,952.77$ Current Contingency Amount586,567.54$ = Current CO ProposedJob Number: 19426Current Proposed CO301,043.48$ Current Proposed Adjustment(1,200.92)$ ROM = Rough Order of MagnitudePending CE's(56,011.79)$ Pending CE's162,040.61$ Potential New Contract Sum36,938,940.98$ Potential Contingency Remaining425,727.84$ CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyStarting Contract Amount (EWA 1)238,788.00$ -$ 1CoB Permit No. 287011 Provide demolition permit fees by Contractor. Previously listed "by Owner".2,009.57$ 2RTI Invoice 19-47791Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".5,225.24$ 3RTI Invoice 19-48232Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".2,537.25$ 4EWA #1A3Remove buried foundation elements below Building "H", deemed as unforeseen conditions1,270.14$ 5EWA #2A3Concrete and Asphalt Material Crushing, Testing and Survey78,685.26$ 6EWA #34Rouse Avenue Utilities Early Work121,747.67$ 7EWA #3 T&M Work5Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)324.23$ 8EWA #4 Sitework Package5Early Sitework Package Contract Awards and General Conditions3,073,348.35$ 13GMP Exhibit No. 1GMPAdd Building Packages to Contract for Guaranteed Maximum Price32,912,549.30$ (888,695.00)$ TOTALS AT GMP36,436,485.00$ (888,695.00)$ 9L. Evans E-mail 05.05.207Soil Removal and Replacement in Soft Areas in South West Parking Lot Area3,781.06$ 10S. Holt E-mail 05.19.207Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line3,795.74$ 11ASI 0037Increase in Storm Drain Pipe due to Design Development1,808.20$ 12L. Evans E-mail 07.09.207Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas10,476.03$ 14PR 01 -Decorative Fencing VENot Accepted15PR 02Modifications to Site Work from EWA 4 to Final Design2,329.18$ 16aAddendum 4 / RFI 0068Building Permit Review Comment Changes - Structural Revisions41,163.21$ 16bAddendum 4 and 5 Building Permit Review Comment Changes17GC/CM Agreement §11.37Builder's Risk Insurance75,404.91$ 18PCO 1, 2, 37EWA Permitting and Testing Fees not included with GMP11,724.21$ 19Bid Package 10A / PR 20 Fall Protection Roof Anchors29,519.45$ 20Alternate 87 Savings to Split Solar PV from Electrical Subcontractor(9,034.67)$ 21Building Re-Bid 08/07/207 Contract Re-Bid Bid Packages(7,973.95)$ 22Addendum 5 / PR 03 & 03.17Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review37,151.70$ 23PR 048Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets595.47$ 24RFI 0237Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe2,950.12$ 25RFI 02411 Reduction of Embed Studs(2,002.28)$ 26Building Re-Bid 08/07/20 Contract Remaining Bid Package Allowances27RFI 033 9Embed Plates at Bottom of All Brace Frame Footings22,855.51$ 28RFI 0208Foundation Wall Thickness Change at Stair 3 Alcove661.43$ 29ASI 0108Revised Foundation Wall Height at Area A684.20$ 30ASI 016 8PD Open Office Electrical and Technology Revisions4,516.68$ 31RFI 0679Modify Fitness Storage Room Doors with Louver Grilles137.62$ 32RFI 039b / PR 069Wall & Casework Modifications in Open Office 110971.25$ 33PR 058Ceiling and Electrical Revisions2,170.33$ 34Building Permit Schedule Extension for Permit Review Delay35aRFI 04212Area A Entry Footing Change4,780.40$ 35bRFI 066, ASI 01912Area D Entry Footing Change4,043.52$ 36Anodized Aluminum VE8Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized(11,117.65)$ 37Sheet L-002 Note 211Drilling of Irrigation Well14,342.82$ 38RFI 05710Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)(2,558.34)$ 39RFI 043-Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1Closed40RFI 08913Screened Rock for Interior Backfill and Slab Prep4,290.93$ 41aPR 08a - Rough-in13PD Interview Rooms Building Security System Coordination with Getac Video Solutions8,262.16$ 41bPR 08a - CamerasPD Interview Rooms Building Security System Coordination with Getac Video Solutions42PR 0910Modified Furniture Layout in Digital Forensics Room 142E2,195.67$ 43PR 10-Changes to FD Wardrobe ClosetNot Accepted44PR 079Additional Exterior Electrical Outlets714.47$ 45Bid Package 31 Allowances13Material Off-Haul and Structural Fill Import Beyond Contract Allowances27,567.69$ 46RFI 06512Revision and Rework of Area D Wall - Along GL D.2 at V-190927.33$ 47ASI 2410Modification of Hand Rail Design and Installation3,658.57$ 48ASI 2810VAV Schedule Revisions(781.79)$ 49RFI 0719Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types(5,746.15)$ Sent to T1 for review 04/15/21Costs for shielded CAT6 cabling and install of Getac cameras missing.City of BozemanLanglasCommentsTracked T&M.Negative amounts to Const. Contingency mean funds added.Tracked T&M.Closed 11.19.20 OAC. Savings $26,115.98.Pending permanent fencing pricing.Discussed 03.04 and approvedReserve costs for future discussion and evaluation of schedule.Inadvertently not included with GMP document.Pending revised location layout after coordination with new PV.See Allowance Log.Approved by C.Winn via phone call 06/04 with L.CantrellSent to T1 for review 04/15/21Drilling of the well not included in GMP.RFI response revised so there would be no cost change.Sent to T1 for review 8/5/21Due to ceiling height change, CoB opted to forgo. OAC 04/01/21Building mounted receptacles, only, approved.Sent to T1 8/4 for review.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005341 CE # Related DocumentPrimeCO #DescriptionPotential Revision for ReviewCurrent CO for Approval Approved AmountPotential Revision to Construction ContingencyCurrent Adjustment to Construction Contingency for ApprovalApproved Adjustment to Construction ContingencyComments50PR 11Courtroom AV7,552.47$ 51CASE Testing10Masonry Grout Comparison Testing6,908.07$ 52Sub.05 3100-01 / RFI 05011Credit to Omit Primer on Underside of Deck at Non-Exposed Areas(11,837.15)$ 53Bid Package 7E11Add Vapor Barrier at Exterior CMU Walls72,264.70$ 54PR 12-FD Kitchen Dishwasher/Sanitizer AdditionNot Accepted55RFI 109Increase Roof Drain Pipe Sizing from 4" to 6"56Master Budget Reconciliation10Move Builder's Risk Insurance from Contractor Contingency to Owner Change75,404.91$ (75,404.91)$ 57PR 1313Drive Approach Sleeves to Future NWE Overhead Line Relocation5,519.52$ 58Allowance 210Add to Winter Conditions Allowance380,000.00$ 200,000.00$ 59ASI 40 / Submittal #6111Revised Masonry Veneer Ledger Angle Details60RFI 03212Revised Brick Ledge at Grid A.41,074.82$ 61PR 1412Fire Department Gear Dryer (Electrical Modifications)867.04$ 62PR 1513Fire Department Conference Room Second Display and Screen Size Increase3,495.16$ 63PR 16Super Graphics3,893.39$ 64ASI 3912Second Level Floor Box Locations(977.88)$ 65ASI 43aMasonry Mechanical Chase Opening in Area D Grid 2.7 Wall1,182.04$ 66PR 1713FD GPS Repeater Infrastructure2,627.73$ 67PR 1813Future Judge Restroom RR-251 Plumbing Rough-in2,697.87$ 68PR 18-Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit OutNot Accepted69RFI 19913Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-1051,241.74$ 70Open71Spec 27 5319, 28 3201, T-006In-Building Wireless Systems72Solar PV Array Upgrade13Upgrade Solar Panel Array from 50kW to 250kW255,842.11$ 73Ground Thaw and Sitework Reclamation after Northwestern Energy Permanent Service Install74PR 20-Combined with CE 7275PR 2113Dual Data Port at Police Dept Canopies657.83$ 76ASI 4813Steel Sheathing Wall Assembly Revisions(14,237.86)$ 77PR 1913Courtroom Casework Revisions3,358.37$ 78PR 2213FD Cleaning (Rm. 154C) - Electrical Updates(279.78)$ 79PR 23South Lobby Furring Wall80PR 24Armory Counter and Shelving Extension81RFI 179Added Angle and Plate Steel at Courtroom Clerestory Walls82Bid Package 9A, VE Price 1 Eliminate Drywall Z-Reglet Details(86,038.52)$ 83Bid Package 13AFacilities Storage Building Revised Design84PR 25Landscape Boulders at South Staff Entry15,069.65$ 85Irrigation Well13Credit for Actual Well Development Depth and Pump Electrical Disconnect(1,200.92)$ 86Submittal 486Raceway and Box Rough-In for Four-Fold Door Control Wiring44,474.92$ 87Bid Package 9DReplace Flooring Subcontractor88,046.25$ 8889919293949596979899100TOTALS POST GMP(56,011.79)$ 301,043.48$ 558,467.77$ 162,040.61$ (1,200.92)$ 302,127.46$ Need to revise electrical pricing to keep rough-in for speakers.Not Approved. OAC 05/06/21Originally shown on Owner side of Master Budget Sheet.Per 06/10/21 OAC, do not price.Sent to T1 for approval 03.22.21Due to material escalation, LL is reviewing alt. construction50/50 split Const. Contingnecy and Contractor Out-of-PocketRecharge Construction Contingency per CE#37, above.No devices shown on E or T sheets for bid quantification.Hold for now OAC 8/5/21Likely public areas only. Revisit closer to turnoverDiscrepancy in wall assemblies btw structural and architectural.Konnor to verify doors / LF that need to keep reglets. Deduct this value from total to establish credit and verify wtih ThinkOne that aesthetic is acceptable.Approved in 06/10/21 OAC.Sent to T1 7/29/2021LL reviewing for impacts to wall framing.Sent to T1 7/28/21 for review.Sent to T1 for review 04/15/21Approved in 06/10/21 OAC.Revised, submitted to T1 06/24/21 for review.Approved in 06/10/21 OAC.Not to Exceed shared cost between Owner and Contingency.To be covered by NWE Utiltity budget from Master SheetApproved via C. Winn e-mail 06/08/21Approved in 06/10/21 OAC.Approved in 06/10/21 OAC.2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005342 Change Estimate Report Project: Bozeman Public Safety Center CE No:40 Project # 19426 Revision #1 Change Source: RFI 089 Date:7/23/2021 Description:Screened Rock for Interior Backfill and Slab Prep Category Quantity Unit Unit Cost Total -$ 02E.0220 468 cy 6.00$ 2,808.00$ 02E.0220 468 cy 12.51$ 5,855.50$ -$ -$ -$ -$ -$ -$ -$ 02E.0220 (468) cy 9.77$ (4,572.36)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 4,091.14$ GC/CM Business Insurance 0.625% 25.57$ CM Fee 3.2% 131.74$ Bond 1.0% 42.48$ 4,290.93$ 3/4" screened rock material is being proposed as alternate backfill material to 3" minus structural fill in an effort to reduce overall winter conditions costs and potential schedule delay. Structural fill material requires a certain amount of moisture content to achieve required compaction, which is difficult to manage with below freezing temperatures and accumulations of snow. If construction were to proceed with structural fill as originally planned, the contractor anticipates significant winter conditions costs related to ground heating and blanketing to manage backfill operations and achieve proper compaction. The screened rock material does not require management of moisture content for compaction, and therefore will save significant cost on winter condition efforts. The contract allowance for structural fill import has been exceeded (See CE 45), so there is no offsetting credit for structural fill. Description ADD Premium for 3/4" Screened Rock Import Place and Compact Screened Rock DEDUCT Place and Compact Structural Fill (Base Bid) TOTAL 343 CONTRACTOR:Langlas and Associates PROJECT MANAGER Beth Oliver ADDRESS:1019 E. Main Street Suite 101 PROJECT ADDRESS:901 N. Rouse Ave Bozeman, MT 59718 Bozeman, MT 59715 PHONE:406-585-3420 REQUESTED FROM:Loren Cantrel FAX:ON DATE:23-JulDESCRIPTION: Description QTY Hours Unit Price Cost CommentsLABOR:-$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments EQUIPMENT:-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Units Unit Price Cost Comments MATERIALS:3/4" Screened Rock 468 CY 6.00$ 2,808.00$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments SUBCONTRACTOR:-$ -$ -$ -$ -$ Total Cost 2,808.00$ Authorized Signature Date Time and Materials PROJECT NAME:Bozeman Public Safety Center Diffenence In Material Price Between 3/4" Screened Rock and 3" Minus For Interior Backfill to Prevent Winter Conditions Charges. Referencing Work Complete 12/8/20 344 CONTRACTOR:Langlas and Associates PROJECT MANAGER Beth Oliver ADDRESS:1019 E. Main Street PROJECT ADDRESS:901 N. Rouse Ave. Bozeman, MT 59715 Bozeman, MT 59715 PHONE:406-585-3420 REQUESTED FROM: FAX: ON DATE:8-Dec DESCRIPTION: Description QTY Hours Unit Price Cost Comments LABOR: Tyler - Laborer 1 9.00 70.00$ 630.00$ Chris - Laborer 1 9.00 70.00$ 630.00$ Chase - Laborer 1 9.00 70.00$ 630.00$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments EQUIPMENT: Komatsu 290 Excavator 1 9.00 210.00$ 1,890.00$ Service Truck 1 1.00 128.00$ 128.00$ Daily Rate Daily Tools and Supplies 1 1.00 50.00$ 50.00$ Daily Rate Jumping Jack 1 1.00 120.00$ 120.00$ Daily Rate Plate Compactor 1 1.00 110.00$ 110.00$ Daily Rate -$ -$ -$ -$ -$ -$ Description QTY Units Unit Price Cost Comments MATERIALS: Screen Rock 468 CYL -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments SUBCONTRACTOR: Amp Shooter Truck 1 10.00 166.75$ 1,667.50$ -$ -$ -$ -$ Total Cost 5,855.50$ $/CYL 12.51$ Authorized Signature Date Tracked and Verified Foundation Backfill Production with Onsite Langlas Representative. Time and Materials PROJECT NAME:Bozeman Public Safety Center This is Not a Bill. 345 Change Estimate Report Project: Bozeman Public Safety Center CE No:41a Project # 19426 Revision #2 Change Source: PR 08a - Rough-in Date:6/10/2021 Description:PD Interview Rooms Building Security System Coordination with Getac Video Solutions Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 7,877.46$ 7,877.46$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 7,877.46$ GC/CM Business Insurance 0.625% 49.23$ CM Fee 3.2% 253.66$ Bond 1.0% 81.80$ 8,262.16$ Rough-in Infrastructure, only. Description ADD Raceway and Box Rough-in for LV TOTAL 346 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR008A Date:5/27/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR008A which involves changes to low voltage rough in for the interview rooms per direction from PR008A documents. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 20 87.06 C 17.41 4.00C 0.80 1" CONDUIT - EMT 49 165.03 C 80.86 5.06C 2.48 1 1/4" CONDUIT - EMT 30 267.96 C 80.39 5.88C 1.76 4" CONDUIT - EMT 20 1,238.47 C 247.69 17.13C 3.43 4" ELBOW 90 DEG - EMT 4 7,067.89 C 282.72 100.00C 4.00 3/4" CONN SS STL - EMT 4 78.02 C 3.12 12.50C 0.50 1" CONN SS STL - EMT 7 144.89 C 10.14 15.00C 1.05 1 1/4" CONN SS STL - EMT 24 242.82 C 58.28 17.50C 4.20 4" CONN SS STL - EMT 4 8,324.49 C 332.98 45.00C 1.80 3/4" COUPLING SS STL - EMT 2 79.80 C 1.60 5.00C 0.10 1" COUPLING SS STL - EMT 4 122.82 C 4.91 6.25C 0.25 1 1/4" COUPLING SS STL - EMT 2 247.97 C 4.96 8.13C 0.16 4" COUPLING SS STL - EMT 2 2,476.54 C 49.53 21.25C 0.42 1 1/4" FIELD BEND - EMT 4 0.00E 0.00 0.63E 2.52 1" BUSHING - PLASTIC 1 43.82 C 0.44 3.25C 0.03 1 1/4" BUSHING - PLASTIC 24 57.05 C 13.69 4.88C 1.17 4" BUSHING - PLASTIC 4 397.82 C 15.91 13.50C 0.54 1 1/4" 1-H STRAP - RMC - STEEL 40 59.65 C 23.86 8.75C 3.50 3/4" 1-H STRAP - EMT - STEEL 3 15.43 C 0.46 6.75C 0.20 1" 1-H STRAP - EMT - STEEL 7 24.47 C 1.71 7.38C 0.52 1 1/4" 1-H STRAP - EMT - STEEL 3 40.48 C 1.21 8.75C 0.26 ORIGINAL 347 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR008A Date:5/27/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. 4" 2-H STRAP - RMC / EMT- STEEL 3 443.33 C 13.30 25.00C 0.75 WIRE CONN RED 1 18.16 C 0.18 5.50C 0.06 1/8" POLYTWINE 315 11.28 M 3.55 3.75M 1.18 4x 2 1/8" SQ BOX COMB KO 1 181.37 C 1.81 28.75C 0.29 4x 2 1/8" SQ BOX 1" KO 21 393.67 C 82.67 28.75C 6.04 4" SQ 1G PLSTR RING 5/8" RISE 22 6.27C 1.38 3.13C 0.69 16x 12x 4" BOX HNGD CVR - NEMA 1 1 51.57 E 51.57 1.13E 1.13 GROUND SCREW W/ INSUL #12 LEAD 1 0.50E 0.50 3.75C 0.04 12" Wx 4" D WIRE MESH CABLE TRAY - ZINC PLTD 35 0.00C 0.00 10.88C 3.81 1 5/8x 1 5/8x 14G STRUT GALV 8 522.23 C 41.78 12.50C 1.00 3/8" THREADED ROD - PLTD 20 143.88 C 28.78 3.75C 0.75 3/8-16 HEX NUT - PLTD STL 20 6.14C 1.23 2.75C 0.55 3/8" LOCK WASHER - PLTD STL 20 4.59C 0.92 1.25C 0.25 3/8x 1 FENDER WASHER - PLTD STL 20 6.21C 1.24 1.25C 0.25 SQ BOX MNTG BRKT FOR 11" TO 18" STUD 42 317.46 C 133.33 15.00C 6.30 P&S 1G DPLX REC PLATE - NYLON IVY 1 22.69 C 0.23 3.38C 0.03 P&S 20A 125V DUP REC- IVY (SG)1 2.58E 2.58 25.00C 0.25 PLATT CABLE TRAY QUOTE 1 987.78 E 987.78 0.00E 0.00 PAC BOX 1 132.73 E 132.73 0.75E 0.75 Totals 792 2,717.45 53.81 Summary General Materials 2,717.45 Material Total 2,717.45 JOURNEYMAN (53.81 Hrs @ $61.00) 3,282.41 FOREMAN @ 25%(13.45 Hrs @ $61.00) 820.45 Subtotal 6,820.31 Overhead (@ 10.000 %) 682.03 Markup (@ 5.000 %) 375.12 Subtotal 7,877.46 Final Amount $7,877.46 ORIGINAL 348 Description: BPSC Cable Tray Quote #624368 Updated On: 05/27/2021 Company Name: Liberty Electric Inc Billing Address: Liberty Electric Inc (128307) 9660 Summit Dr Missoula, MT 59808 Created Date: 5/27/21 Shipping Address: 9660 Summit Dr Missoula, MT 59808 USA Shipping Method: Hold For Pickup FOB: Destination Sales Person: Dan Schlichenmayer dan.schlichenmayer@platt.com Branch: Missoula #68 (406) 549-5182 Special Quote Conditions: 1) Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic or any future epidemic, and Buyer shall not be entitled to any damages resulting thereof. 2) This quotation is based on our interpretation of the plans and specifications for this job as provided to us as of bid date through the bill of material listed above and the following notes. 3) Any changes in quantities or product requirements will require new quote. 4) Manufacturer's standard warranty applies. 5) Manufacturer's standard lead times apply unless otherwise noted. 6) Nameplates for panelboards and switchboards are included as specified. All other nameplates are to be furnished by others unless specifically noted above. 7) Mounting hardware by others unless otherwise noted. 8) Lamps are included in quote. 9) Freight has been estimated and included in quote however will be charged as incurred. 10) Use of this quote is your acceptance that all necessary items are included. 11) Delivery dates are estimated only. Platt shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays PRODUCTS QTY UNT PR / UOM TOTALS Prices are subject to change without notice. Prices quoted, unless otherwise specifically noted on this quotation, are subject to availability and must be accepted and released for immediate shipment within 48 hours. Many Platt manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, the price, the scope or quantity of supply and/or other terms and conditions set out in their offer or quotation to the extent affected by the COVID-19 pandemic. Be advised that Platt considers any COVID-19 related changes imposed by manufacturers as outside its reasonable control and subject to Force Majeure provisions. Platt's Standard Terms and Condition of Sale are not included in this document, but are so here incorporated by reference within this quotation. A copy of Platt's Standard Terms and Condition of Sale is available at https://www.platt.com/Downloads/pdfs/TermsOfSale.pdf Full phone support 7 days/week 4am - midnight PT, 5am - 1am MT at (800) 257-5288 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Entire Quote: Sub Total:$987.78 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$987.78 BLIFT4X12X10ELG | 65747 Wire Basket Cable Tray, 4" x 12" x 10', Steel MFR:Eaton B-Line 4 $189.80 EA $759.22 1. 400 BLIWASHERSPLICEKIT | 815095 Flextray Washer Splice Kit MFR:Eaton B-Line 4 $57.14 EA $228.56 2. 000 349 Description:BPSC Cable Tray Quote #624368Updated On: 05/27/2021Company Name:Liberty Electric Inc Billing Address:Liberty Electric Inc (128307)9660 Summit DrMissoula, MT 59808 Created Date:5/27/21Shipping Address:9660 Summit DrMissoula, MT 59808 USA Shipping Method:Hold For Pickup FOB:DestinationSales Person:Dan Schlichenmayerdan.schlichenmayer@platt.com Branch:Missoula #68(406) 549-5182Special Quote Conditions:1) Seller shall not be responsible for any failure to perform, or delay in performance of, its obligations resulting from the COVID-19 pandemic orany future epidemic, and Buyer shall not be entitled to any damages resulting thereof.2) This quotation is based on our interpretation of the plans and specifications for this job as provided to us as of bid date through the bill ofmaterial listed above and the following notes.3) Any changes in quantities or product requirements will require new quote.4) Manufacturer's standard warranty applies.5) Manufacturer's standard lead times apply unless otherwise noted.6) Nameplates for panelboards and switchboards are included as specified. All other nameplates are to be furnished by others unlessspecifically noted above. 7) Mounting hardware by others unless otherwise noted.8) Lamps are included in quote.9) Freight has been estimated and included in quote however will be charged as incurred.10) Use of this quote is your acceptance that all necessary items are included.11) Delivery dates are estimated only. Platt shall not be liable for failure to meet such dates resulting from product shortages or manufacturingdelaysPRODUCTSQTYUNT PR / UOM TOTALSPrices are subject to change without notice. Prices quoted, unless otherwise specifically noted on this quotation, are subject to availability andmust be accepted and released for immediate shipment within 48 hours. Many Platt manufacturing partners have advised that until further noticethey reserve the right to amend the delivery date, the price, the scope or quantity of supply and/or other terms and conditions set out in their offeror quotation to the extent affected by the COVID-19 pandemic. Be advised that Platt considers any COVID-19 related changes imposed bymanufacturers as outside its reasonable control and subject to Force Majeure provisions.Platt's Standard Terms and Condition of Sale are not included in this document, but are so here incorporated by reference within this quotation. Acopy of Platt's Standard Terms and Condition of Sale is available at https://www.platt.com/Downloads/pdfs/TermsOfSale.pdf Full phone support 7 days/week 4am - midnight PT, 5am - 1am MT at (800) 257-5288 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Entire Quote: Sub Total:$987.78 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$987.78 BLIFT4X12X10ELG | 65747Wire Basket Cable Tray, 4" x 12" x 10', SteelMFR:Eaton B-Line 4 $189.80 EA $759.221.400BLIWASHERSPLICEKIT | 815095Flextray Washer Splice KitMFR:Eaton B-Line 4 $57.14 EA $228.562.000 350 Change Estimate Report Project: Bozeman Public Safety Center CE No:45 Project # 19426 Revision #1 Change Source: Bid Package 31 Allowances Date:8/4/2021 Description:Material Off-Haul and Structural Fill Import Beyond Contract Allowances Category Quantity Unit Unit Cost Total -$ 02E.0220 229.21 CY 17.27$ 3,958.46$ 02E.0220 2100.25 CY 10.63$ 22,325.66$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 26,284.11$ GC/CM Business Insurance 0.625% 164.28$ CM Fee 3.2% 846.35$ Bond 1.0% 272.95$ 27,567.69$ TOTAL Final Report of Import and Off-Haul quantities against allowances. Description ADD Off-Haul Beyond 4,170 CY Contracted Export Structural Fill Import Beyond 3,000 CY Allowance 351 Total 3,229.21 Total 347.00 6,100.25 Date Material Quantity Date Material Truck Truck Capacity CY Exported Loads Exported CY 05/22/2020 3" Road Mix 251.35 06/03/2020 Asphalt Millings Haul Truck 18 3 54.00 05/28/2020 3" Road Mix 603.39 06/09/2020 Asphalt Millings Haul Truck 18 2 36.00 05/29/2020 3" Road Mix 874.08 06/09/2020 Asphalt Millings Haul Truck 18 3 54.00 06/01/2020 3" Road Mix 862.50 06/09/2020 Asphalt Millings Haul Truck 18 4 72.00 06/12/2020 3" Road Mix 24.66 06/09/2020 Asphalt Millings Straight Truck 12 9 108.00 06/16/2020 3" Road Mix 20.25 06/30/2020 Asphalt Millings Straight Truck 12 6 72.00 09/01/2020 3" Road Mix 42.13 06/30/2020 Asphalt Millings Straight Truck 12 10 120.00 09/11/2020 3" Road Mix 41.44 07/01/2020 Asphalt Millings Straight Truck 12 2 24.00 09/29/2020 3" Road Mix 83.69 07/01/2020 Asphalt Millings Straight Truck 12 3 36.00 10/12/2020 3" Road Mix 99.97 08/24/2020 Native Export Side Dump 20 5 100.00 10/13/2020 3" Road Mix 160.62 08/26/2020 Native Export Side Dump 20 40 800.00 10/16/2020 3" Road Mix 114.91 09/09/2020 Native Export Side Dump 20 4 80.00 11/03/2020 3" Road Mix 82.67 10/12/2020 Native Export Side Dump 20 5 100.00 11/04/2020 3" Road Mix 42.52 10/13/2020 Native Export Side Dump 20 5 100.00 11/06/2020 3" Road Mix 86.02 10/13/2020 Native Export Side Dump 20 10 200.00 12/18/2020 Adjustment (161.00) 10/16/2020 Native Export Side Dump 20 12 240.00 11/10/2020 Native Export Transfer 22 16 352.00 11/11/2020 Native Export Transfer 22 11 242.00 11/13/2020 Native Export Straight Truck 12 9 108.00 11/18/2020 Native Export Side Dump 20 6 120.00 11/20/2020 Native Export Side Dump 20 7 140.00 11/23/2020 Native Export Side Dump 20 4 80.00 11/23/2020 Native Export Transfer 22 2 44.00 11/24/2020 Native Export Side Dump 20 6 120.00 11/24/2020 Native Export Transfer 22 3 66.00 11/25/2020 Native Export Side Dump 20 4 80.00 12/14/2020 Native Export Straight Truck 12 23 276.00 12/15/2020 Native Export Straight Truck 12 7 84.00 12/18/2020 FooterDimensions Adjustment -249.75 1 (249.75) 12/18/2020 Concrete Overpour Adjustment -38 1 (38.00) 03/22/2021 Native Export Side Dump 20 85 1700 03/26/2021 Native Export Side Dump 20 39 780 Import Material Under Building Footprint Export Material Project: Date: Company Name: 3/26/2021 Langlas and Associates Bozeman Public Safety Center 352 (Version 5.00, Revised 2/10/2020) 194260220 4/13/2020 1 SUBCONTRACTOR AGREEMENT Contractor: LANGLAS & ASSOCIATES, INC. BOZ 1019 EAST MAIN STREET SUITE 101 BOZEMAN, MT 59715 (406) 585-3420 Project: BZN PUBLIC SAFETY TBD NORTH ROUSE AVE BOZEMAN, MT 59715 Subcontractor: CK MAY EXCAVATING INC. P.O. BOX 1426 BELGRADE, MT 59714 (406) 388-0015 Purchase Order #: 194260220 Contract Date: 4/13/2020 THIS SUBCONTRACT AGREEMENT is effective as of 4/13/2020, between Contractor and Subcontractor. The parties agree as follows: 1. Subcontractor shall furnish all necessary labor, materials, tools, equipment (including safety equipment) and coordination with other trades required for completion of the following Work A complete job of all work as required by the attached Bid Package 31A Sitework included in Section 00 2413 of the Project Manual for the above-named project. Subcontractor also agrees to requirements included in Section 00 2400 General Requirements for all Bid Packages, with the following being the only exceptions: 1. Well abandonment shown on sheet C101, note 8, shall be by others. 2. Install earth berm using native soils around 3 sides of project site. 3. Purchase and install inlet protection for inlets. 4. Furnish spill kit. 5. CK May shall provide general maintenance of BMP’s for duration of project but is not responsible for damage to BMP’s by other trades. Langlas will provide BMP inspections. 6. CK May shall provide street sweeping of adjacent streets during course of its work on site. Langlas will provide street sweeping during periods where CK May is demobilized from the site. 7. Concrete washout sign is by Langlas. 8. SWPPP permitting, administration and fees are by Langlas. 9. Horizontally or vertically installed foam board insulation is excluded. 10. Excludes Winter Conditions. 11. Excludes additional import or processing beyond 25% imported sub-base percentage to be mixed with 75% of on-site asphalt millings. 12. Excludes removal or replacement of existing fence. 13. Assumes export of soils to Subcontractor’s non-regulatory disposal site. 14. Native material (not asphalt millings) to be used for backfill of exterior foundation walls, as approved by Geotechnical Engineer’s clarification e-mail, dated 04/13/2020. Contract Breakdown: Base Bid $1,767,768 Geotextile fabric (Mirafi 600x, or equal) Under Asphalt Areas $24,937 Furnish and Install Bollards per Bid Documents (furnished shop primed painted) $44,210 Excavation/Off-haul for Topsoil Placement by Others (12" at all parking lot islands and curbs adjacent to parking lots; 18" around building and in planting beds; 4”) at sod and seed areas) $37,012 100% Payment and Performance Bond $22,240 TOTAL $1,896,167 The following Unit Prices shall apply to all additive or deductive changes to the contract amount: 1.) Excavation / On-site Processing of In-Place Asphalt Millings beyond 4,500 CY: $6.74 / CY 2.) Import of Structural Fill for use under the building footprint beyond 3,000 CY: $17.27 / CY 3.) Blending of structural fill with on-site crushed concrete beyond 1,006 CY: $6.74 / CY 4.) Place and compact imported structural fill under building footprint up to bottom of one-foot structural fill layer beyond 986 CY: $9.77 / CY 5) Off-haul and disposal of excess material beyond 4,000 CY $10.63 / CY 6.) Excavation and Off-haul of Unsuitable Materials and Import and Place Structural Fill $52.00 / CY Project Plans, Specifications and supporting documentation applicable to the project and this subcontract are: Bozeman Public Safety Center EWA #4 Issue for Bid Drawing Set, dated March 11, 2020 353 Change Estimate Report Project: Bozeman Public Safety Center CE No:57 Project # 19426 Revision #1 Change Source: PR 13 Date:6/10/2021 Description:Drive Approach Sleeves to Future NWE Overhead Line Relocation Category Quantity Unit Unit Cost Total -$ 02E.0220 1 sum 5,262.52$ 5,262.52$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 5,262.52$ GC/CM Business Insurance 0.625% 32.89$ CM Fee 3.2% 169.46$ Bond 1.0% 54.65$ 5,519.52$ Revised pricing for reduced scope in install sleeves at Fire Department Apparatus Bay approach, only. Description ADD Furnish & Install of Sleeves TOTAL 354 CONTRACTOR:Langlas and Associates PROJECT MANAGER Beth Oliver ADDRESS:1019 E. Main Street, Suite 101 PROJECT ADDRESS:901 N. Rouse Ave Bozeman, MT 59718 Bozeman, MT 59715 PHONE:406-585-3420 REQUESTED FROM:Beth Oliver FAX:ON DATE:10-JunDESCRIPTION: Description QTY Hours Unit Price Cost Comments LABOR:Laborer 1 2.00 70.00$ 140.00$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments EQUIPMENT:Komatsu 228 Excavator 1 5.00 168.00$ 840.00$ Volvo LH110 Loader 1 2.00 172.00$ 344.00$ Service Truck 1 0.40 128.00$ 51.20$ Daily Rate Small Tools and Supplies 1 0.40 112.00$ 44.80$ Daily Rate-$ -$ -$ -$ -$ -$ -$ Description QTY Units Unit Price Cost Comments MATERIALS:12" HDPE Corrugated Pipe 220 LF 11.06$ 2,433.86$ Soil-Tight Split End Cap 4 EA 69.12$ 276.48$ Screened Rock Bedding 42 CY 18.40$ 772.80$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments SUBCONTRACTOR:Trucking 1 2.50 143.75$ 359.38$ -$ -$ -$ -$ Total Cost 5,262.52$ Authorized Signature Date Change Order Budget Proposal PROJECT NAME:Bozeman Public Safety Center Furnish and Install 12" HDPE Utility Culverts for Future OHP Relocation (At Apparatus Bay approach ONLY) 355 Change Estimate Report Project: Bozeman Public Safety Center CE No:62 Project # 19426 Revision # Change Source: PR 15 Date:5/25/2021 Description:Fire Department Conference Room Second Display and Screen Size Increase Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 1,610.72$ 1,610.72$ 27A.2700 1 sum 497.20$ 497.20$ 27B.2740 2 sum 612.25$ 1,224.50$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,332.42$ GC/CM Business Insurance 0.625% 20.83$ CM Fee 3.2% 107.31$ Bond 1.0% 34.61$ 3,495.16$ TOTAL Description ADD Electrical Raceway, Boxes and Power AVI Systems Cat 6 & Coax cabling to new TV locations 356 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR015 Date:5/24/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR015 which involves adding rough in for a second display in Conference 193, along with added power required for the display. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 40 82.91 C 33.16 4.00C 1.60 1 1/4" CONDUIT - EMT 20 255.20 C 51.04 5.88C 1.18 1 1/4" ELBOW 90 DEG - EMT 2 639.65 C 12.79 37.50C 0.75 3/4" CONN SS STL - EMT 4 75.75 C 3.03 12.50C 0.50 1 1/4" CONN SS STL - EMT 4 235.75 C 9.43 17.50C 0.70 3/4" COUPLING SS STL - EMT 6 77.47 C 4.65 5.00C 0.30 1 1/4" BUSHING - PLASTIC 2 55.38 C 1.11 4.88C 0.10 3/4" 1-H STRAP - RMC - STEEL 15 19.93 C 2.99 6.75C 1.01 1 1/4" 1-H STRAP - RMC - STEEL 6 57.92 C 3.48 8.75C 0.53 #12 THHN SOLID BLACK 90 207.16 M 18.64 6.75M 0.61 HUBBLE RACO 232-OW 4" SQUARE BOX, WELDED, OL 1 12.72 E 12.72 27.50C 0.28 P&S 1G DPLX REC PLATE - NYLON IVY 1 22.69 C 0.23 3.38C 0.03 P&S 20A 125V DUP REC- IVY (SG)1 2.58E 2.58 25.00C 0.25 CHIEF PAC BOX 1 162.73 E 162.73 1.25E 1.25 TSGB1624 TELESCOPING BRKT 12 3.35E 40.20 0.25E 3.00 ADDED CONDUIT LABOR FOR PAC BOX 1 0.00E 0.00 1.50E 1.50 Totals 206 358.78 13.58 ORIGINAL 357 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR015 Date:5/24/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary General Materials 358.78 Material Total 358.78 JOURNEYMAN (13.58 Hrs @ $61.00) 828.38 FOREMAN @ 25%(3.40 Hrs @ $61.00) 207.40 Subtotal 1,394.56 Overhead (@ 10.000 %) 139.46 Markup (@ 5.000 %) 76.70 Subtotal 1,610.72 Final Amount $1,610.72 ORIGINAL 358 1 Elizabeth Oliver From:Chauncey McGraw <Chauncey.McGraw@libertyelectricinc.com> Sent:Monday, May 24, 2021 12:53 PM To:Elizabeth Oliver Cc:eric.goroski@libertyelectricinc.com; cody.fear@libertyelectricinc.com Subject:RE: 21 0217 PR 15 - FD Conference Room Monitor Update.pdf Attachments:PR015 Pricing 5-24-21.pdf Categories:Bozeman Safety Center Beth, I removed some of the wire and one receptacle from this proposal that we were doubled up on. The pipe, both ¾ and 1 ¼”, we feel are adequate due to the detail on T603 – TA-DWB. This calls for (2) ¾” incoming for power along with the 1 ¼” for tele/data. Please let me know if you have any other questions regarding this proposal. Thank you, From: Elizabeth Oliver <elizabeth@langlas.com> Sent: Monday, May 24, 2021 9:15 AM To: Chauncey McGraw <Chauncey.McGraw@libertyelectricinc.com> Subject: RE: 21 0217 PR 15 - FD Conference Room Monitor Update.pdf Chauncey, On this PR pricing, you have an additional 40 lf of ¾” Conduit and 20 lf 1 ¼” conduit, and 120 lf of wire. Can you confirm this quantity is necessary for the additional box? Everything is on the same circuit. 359 2 Beth Oliver Project Manager Langlas & Associates, Inc. Direct: (406) 577-1258 Cell: (319) 899-0218 360 Estimate Date 2/23/2021 Estimate # 74391 Name / Address Langlas & Associates 1019 East Main Street, Ste 101 Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR-15 Terms Net 30 Project Bozeman Public Saf... Signature Phone # 406-587-1616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Total Langlas & Associates : Bozeman Public Safety Center : PR 15 labor labor to add one Cat 6 & one Coax to a new TV location in Conference room 193 Per Sheet T101d 4.00 75.00 300.00 RG-6 Plenum C3525 RG-6 Coax Plenum Rated 200.00 0.456 91.20 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 200.00 0.36 72.00 CJ688TG** Panduit Cat 6 jack 2.00 8.50 17.00 CMF** Panduit Minicom F Type Jack 1.00 6.00 6.00 SNS6 2Snap-N-Seal® “F” Series Male One-Piece Compression Connectors 6.00 1.00 6.00 MISC MISCELLANEOUS, labels, ties, Velcro... 1.00 5.00 5.00 _____________________________________ $497.20 361 Change Order AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax: (605)782-4142 Proposal Number: 1061653 Proposal Date: May 14, 2021 Prepared For: Langlas & Associates, Inc. Change Order: CCO for 21 0217 PR 15 Conf Rm Monitor Update Attn: Bud Daigle Customer PO: 194262740 Prepared By: Mark Hunt Project: Bozeman Public Safety Center 957742 Phone: (406)969-3336 Project Number: 957742 Email: mark.hunt@avisystems.com Attn: Bud Daigle Attn: Elizabeth Oliver Langlas & Associates, Inc. Bozeman Public Safety Center 1019 E Main St, Suite 101 901 N. Rouse Ave. & 300 E. Oak St Bozeman, MT, 59715 Bozeman, MT, 59715 Phone: (406)585-3420 Phone: Email: Email: elizabeth@langlas.com Customer Number: LAN001 COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment $362.25 Integration $0.00 PRO Support $0.00 Shipping & Handling $250.00 Tax $0.00 Grand Total $612.25 SERVICES TO BE PROVIDED STATED PER PR 15 CONFERENCE ROOM MONITOR UPDATE 193 PRODUCTS AND SERVICES DETAIL PRODUCTS: Model # Mfg Description Qty Price Extended ConfRm 193 Monitor Update Bozeman Public Safety CONF RM 193 - T-504 75UT640S0UA LG 75IN LCD TV 3840X2160 UHD TAA MNTR SIMPLE EDITOR SMART WIFI HDMI 3YR 2 $2,101.85 $4,203.70 MP-WP152-B CRESTRON Media Presentation Wall Plate - HDMI®, Black 1 $75.00 $75.00 DL-AR2 LIBERTY AV DIGITALINX SECURE ADAPTER RING 1 $73.93 $73.93 C2G-29132 C2G 6ft VALUE SERIES F TYPE RG6 VIDEO CBL 1 $11.88 $11.88 HDPMM06F LIBERTY AV HDMI PREMIUM 18G CBL W/NET 6' 2 $12.71 $25.42 BILL TO SITE 362 Printed on May 14, 2021 Page 1 of 3 1061653 E2-HDSEM-M-05 LIBERTY AV HDMI CBL HS W/NET CL2/FT4 5M 1 $48.82 $48.82 LSTU CHIEF LARGE FIXED THINSTALL UNIVERSAL 1 $118.59 $118.59 Sub-Total: ConfRm 193 Monitor Update $4,557.34 86UT640S0UA LG 86IN LCD TV 3840X2160 UHD TAA MNTR SIMPLE EDITOR SMART WIFI HDMI 3YR -1 $3,783.33 $-3,783.33 60-1471-13 EXTRON USB Extender Plus R -1 $411.76 $-411.76 Sub-Total: Bozeman Public Safety CONF RM 193 - T- 504 $-4,195.09 Total: $362.25 PRO SUPPORT: Model # Mfg Description Qty Price Extended Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling. AGREED AND ACCEPTED BY Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above, AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is valid for 30 days. Company Signature Printed Name Date CONFIDENTIAL INFORMATION The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confidential Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. 363 Change Estimate Report Project: Bozeman Public Safety Center CE No:66 Project # 19426 Revision # Change Source: PR 17 Date:5/6/2021 Description:FD GPS Repeater Infrastructure Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 2,505.37$ 2,505.37$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 2,505.37$ GC/CM Business Insurance 0.625% 15.66$ CM Fee 3.2% 80.68$ Bond 1.0% 26.02$ 2,627.73$ Addition of an outlet, centered in the Apparatus Bay ceiling as well as conduit to the South parapet wall of Area D Description ADD Electrical Changes TOTAL 364 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR017 Date:3/19/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR017 which involves adding receptacles and low voltage pathway for the GPS Repeater. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 170 87.06 C 148.00 4.00C 6.80 3/4" CONN SS STL - EMT 8 78.02 C 6.24 12.50C 1.00 3/4" COUPLING SS STL - EMT 16 79.80 C 12.77 5.00C 0.80 3/4" CONN COMP STL - EMT 1 24.96 C 0.25 16.25C 0.16 3/4" BUSHING - PLASTIC 1 27.66 C 0.28 2.50C 0.03 3/4" 2-PC CONDUIT STRUT CLAMP 17 125.52 C 21.34 6.38C 1.08 #12 THHN SOLID BLACK 380 221.93 M 84.33 6.75M 2.56 3/4" CONN 2-SCREW STRAP TYPE DC FOR ROUND NM 1 178.02 C 1.78 15.00C 0.15 1/8" POLYTWINE 55 11.28 M 0.62 3.75M 0.21 4x 2 1/8" SQ BOX COMB KO 2 181.37 C 3.63 28.75C 0.57 4" SQ 1x DUPLEX REC COVER 1 143.84 C 1.44 3.13C 0.03 1G 2"D DC ALUM BOX W/ LUGS & 3x 3/4" HUBS GRY 1 20.58 E 20.58 0.44E 0.44 1 5/8x 1 5/8x 12G STRUT SLOTTED HOLE GALV 10 644.71 C 64.47 12.50C 1.25 1G WP IN-USE COVER - DIE CAST - VETICAL - GRAY (R 1 13.58 E 13.58 7.50C 0.07 20A 125V DUP REC - IVY (SG)1 498.00 C 4.98 25.00C 0.25 CORE DRILL 1"3 0.00E 0.00 1.50E 4.50 OVERHEAD INSTALL 1 0.00E 0.00 2.00E 2.00 LIFT LEVELING FOR INSTALL 1 0.00E 0.00 1.50E 1.50 Totals 670 384.29 23.41 ORIGINAL 365 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR017 Date:3/19/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary General Materials 384.29 Material Total 384.29 JOURNEYMAN (23.41 Hrs @ $61.00) 1,428.01 FOREMAN @ 25%(5.85 Hrs @ $61.00) 356.85 Subtotal 2,169.15 Overhead (@ 10.000 %) 216.92 Markup (@ 5.000 %) 119.30 Subtotal 2,505.37 Final Amount $2,505.37 ORIGINAL 366 Change Estimate Report Project: Bozeman Public Safety Center CE No:67 Project # 19426 Revision #1 Change Source: PR 18 Date:6/15/2021 Description:Future Judge Restroom RR-251 Plumbing Rough-in Category Quantity Unit Unit Cost Total -$ 22A.2200 1 sum 2,572.25$ 2,572.25$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 2,572.25$ GC/CM Business Insurance 0.625% 16.08$ CM Fee 3.2% 82.83$ Bond 1.0% 26.71$ 2,697.87$ TOTAL Revised pricing to include wall rough-ins and floor drain, only. Description ADD Plumbing Changes 367 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost Waste/Vent/Domestic Water rough-in 1 $686 $686.48 10 $85.00 $850.00 Core Drill, Install FD-1 1 $433 $433.01 3 $85.00 $255.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $55.97 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $0.00 $1,175.46 $1,105.00 1 $90.00 $90.00 $90.00 $0.00 $90.00 $0.00 $90.00 SUMMARY Materials (detail above)$1,175.46 Equipment Rent Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal $1,175.46 $176.32 Labor (detail above)$1,195.00 Subcontractors/Vendors: - - - $0.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$25.47 y TOTAL AMOUNT DUE $2,572.25 Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: PR 18 RR-251 Rough-in ONLY Date: 6/14/2021 Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 368 Change Estimate Report Project: Bozeman Public Safety Center CE No:69 Project # 19426 Revision # Change Source: RFI 199 Date:7/28/2021 Description:Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-105 Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 1,183.92$ 1,183.92$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 1,183.92$ GC/CM Business Insurance 0.625% 7.40$ CM Fee 3.2% 38.13$ Bond 1.0% 12.29$ 1,241.74$ TOTAL Description ADD Two Dedicated Circuits for AV Racks 369 Date Issued: To:Submitted by: Attn: Email:Reference: Tel:Fax Subject: Information Requested: Potential Cost Impact Potential Sched. Impact Response Requested By: Response: Signed By:Date Answered: RFI Direction Notice: Proceed with work as noted above. Do not proceed with work. Please provide pricing for work as described above. Distribution RFI #Request For Information 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Bozeman Public Safety Center 199 ThinkOne Architects Jon Wirth jwirth@think1.com (406) 586-7020 07/14/2021 Konnor Backer Langlas & Associates, Inc. E-101A, T-101A, T-605 Briefing Room 122 AV Rack Power Receptacles Please see attached Power and Communications drawings for Briefing Room 122 as well as back box details for AV equipment rack. Please advise if the duplex power receptacle noted on the AV equipment rack details is referring to the nearest power receptacle noted on the electrical power drawings or if an additional power receptacle is required. 4 4 7/21/2021 Langlas & Associates- File Russell Pierce - LL Elizabeth Oliver - LL Mark Dehn - LL Jon Wirth - Think1 Elizabeth Seidel - Think1 Will Sanzone - LL Provide a dedicated duplex outlet at the AV equipment rack location fed from panel 1ALOS1 in Briefing 122. In further review of electrical drawings, provide a dedicated circuit in Storage ST-105 for outlet fed from panel 1ALOS2. (The quad receptacle located in the northwest corner) Tony Nutsch / Randy Nozawa - BCER, Jake Garwood - ACE, Elizabeth Seidel - T1 07/23/2021 370 WPWR 72" 72" F F F FCOCOSB TSTSTSFS FS FS F 1.3 1.4 1.6 1.7 BUNK 125 BRIEFING 122 1 1 13 13 1ALOS1-1 1ALOS1-2 1ALOS1-3 1ALOS1-4 1ALOS1-5 OS1-8 1BLOS3-7 1BLO IF CP A A A A A A S T-507 AA BRIEFING 122 4 1 22 1 1 -- 1 1 --2 V WAP 1 WAP 1 D FB6 2 FB6 2 ALS E-101A T-101A See T-605. Is this nearest receptacle considered the power receptacle referenced for the AV Rack or is an additional required? 371 INSULATED THROAT BUSHING BEND RADIUS = 6 x INTERNAL DIAMETER2 GANG MUDRINGSTUB CONDUIT 6-INCHES INTO ACCESSIBLE CEILING UNLESS OTHERWISE NOTEDFLOOR (REF: ARCHITECTURAL)SCALE: BACK BOX DETAIL FOR AV EQUIPMENT RACKNONETA-IFERAV OUTLET BOX MIN 2 1/8 - INCH DEEP BOX4 11/16 - INCH SQUARE TYP. SEE AV RISER DIAGRAMTELECOM OUTLET BOX 4 11/16 - INCH SQUARE MIN 2 1/8 - INCH DEEP BOXDUPLEX POWER RECEPTACLE(REF: ELECTRICAL)1 GANG MUDRING16" O.C.TYP.FRAMINGCEILING LEVEL (REF: ARCHITECTURAL)WALL (REF: ARCHITECTURAL)##INSULATED THROAT BUSHING BEND RADIUS = 6 x INTERNAL DIAMETERMUDRING(RE: TABLE FOR GANG SIZE)STUB CONDUIT 6-INCHES INTO ACCESSIBLE CEILING UNLESS OTHERWISE NOTEDSCALE: BACK BOX DETAIL FOR AV WALL INTERFACENONETA-IFWAV OUTLET BOXMIN 2 1/8 - INCH DEEP BOX 4 11/16 - INCH SQUARE TYP. (REF: TABLE FOR GANG SIZE)IFSEE AV RISER DIAGRAMFLOOR (REF: ARCHITECTURAL)CEILING LEVEL (REF: ARCHITECTURAL)WALL (REF: ARCHITECTURAL)TYPEBOX--2A3----MUDRING13--GANG SIZE4 11/16 -INCH SQUARE x 2 1/8 -INCH DEEP BACK BOXCEILING LEVEL (REF: ARCHITECTURAL)WALL (REF: ARCHITECTURAL)FLOOR (REF: ARCHITECTURAL)STANDARD OUTLET HEIGHT UNLESS OTHERWISE NOTED1 GANG MUDRINGVERTICAL CONDUIT TO BENDWALL FLUSH BACK BOX 1 GANG INSULATED THROAT BUSHING HORIZONTAL CONDUIT TERMINATES 2 -INCH TO 4 -INCH VERTICALLY ABOVE AND 2 -INCH HORIZONTALLY BEFORE CABLE RUNWAYHORIZONTAL CONDUIT TO CABLE RUNWAY FROM CONDUIT STUB AT CABLE RUNWAYCONDUIT VERTICAL TO HORIZONTAL BENDBEND RADIUS = MAXIMUM 6 x INTERNAL DIAMETERVERTICAL CONDUIT TO BACK BOXHORIZONTAL CONDUIT TO TERMINATE AT PULL BOX, ENCLOSURE, CABLE RUNWAY OR STUB INTO ACCESSIBLE CEILING SPACEVERTICAL CONDUIT TO BACK BOX.BEND ANGLE MEASURED FROM VERTICAL THREADED ROD TO STRUCTURAL CEILING4 11/16 -INCH SQUARE x 2 1/8 -INCH DEEP BACK BOXMUDRINGVERTICAL CONDUIT TO BENDWIRELESS ACCESS POINT BACK BOX - OPEN CEILINGBEND SHALL BE PROVIDED TO CREATE OPTIMAL CONTINUATION OF CONDUIT AND CABLE TO DESTINATIONSCALE: TYPICAL DEVICE ROUGH-IN AND CABLE PATHWAY DETAILNONETE-CRDETAIL GENERAL NOTESA.B.C.D.E.THESE TYPICAL DETAILS DO NOT COVER EVERY SINGLE TYPE OF INSTALLATION; HOWEVER THEY PROVIDE GENERAL CONDUIT AND BOX REQUIREMENTS. THE ELECTRICAL CONTRACTOR SHALL REVIEW ALL OTHER DETAILS FOR MORE SPECIFIC INSTALLATION REQUIREMENTS INCLUDING, BUT NOT LIMITED TO THE AUDIOVISUAL, SECURITY AND CAMERA ROUGH-IN DETAILS.PROVIDE J-HOOK SUPPORTS OR OTHER SPECIFIED CABLE SUPPORT METHOD WHERE CABLE ROUTING IS NOT INSTALLED IN CONDUIT, CABLE TRAY, OR OTHER ENCLOSED PATHWAY.SOME DEVICE BOX TYPES, CONDUIT AND CABLE ROUTING INDICATED MAY NOT APPLY TO THIS PROJECT. NOT ALL DEVICE BOX TYPES, ASSOCIATED ROUGH-IN, AND CABLE PATHWAYS FOR THIS PROJECT MAY BE INDICATED.UNLESS OTHERWISE INDICATED, CONDUIT STUBS SHALL TERMINATE WITH INSULATED THROAT BUSHING.NOT ALL ITEMS SHOWN FOR CLARITY.PROVIDE SURFACE MOUNT HOUSING 4 -INCH MINIMUM CLEARANCE BETWEEN BOX AND CEILINGCEILING GRID (REF: ARCHITECTURAL)COVERABOVE ACCESSIBLE CEILING BACK BOXBOTTOM OF BOX MOUNTED AT 10' AFFCABLE TO DEVICE CONDUIT STUB ABOVE ACCESSIBLE CEILINGJ-HOOK/STRAP TYPE SUPPORT MAY BE HUNG FROM CEILING AND/OR WALL MOUNTEDSPACE CONSECUTIVE J-HOOKS / STRAPS AS SPECIFIED ELSEWHERE IN DOCUMENTSCABLE TO CABLE RUNWAY FROM CONDUIT STUB ABOVE ACCESSIBLE CEILINGTHREADED RODTO STRUCTURAL CEILING TO STRUCTURAL CEILING "TRAPEZE" TYPE SUPPORT BRACKETCABLE PATHWAY SHOWN FOR ILLUSTRATION ONLY. SEE SPECIFICATIONS FOR ACTUAL PATHWAY REQUIREMENTSHORIZONTAL CONDUIT STUB 6 -INCH MINIMUM ABOVE ACCESSIBLE CEILINGAPPROX. 12 -INCH TO FIRST J-HOOK IN SERIESSPACE CONSECUTIVE J-HOOKS AS SPECIFIED ELSEWHERE IN DOCUMENTSHORIZONTAL CONDUIT STUB ABOVE ACCESSIBLE CEILING1 -INCH CONDUITVERTICAL CONDUIT TO BACK BOXINSULATED THROAT BUSHINGJ-HOOK SUPPORT MAY BE HUNG FROM CEILING AND/OR THE WALL MOUNTED.CABLES CONTINUE TO FINAL DESTINATIONVERTICAL CONDUIT TO BENDTHREADED ROD TO STRUCTURAL CEILINGTHREADED RODTO STRUCTURAL CEILING TO STRUCTURAL CEILING "TRAPEZE" TYPE SUPPORT BRACKETCABLE PATHWAY SHOWN FOR ILLUSTRATION ONLY. SEE SPECIFICATIONS FOR ACTUAL PATHWAY REQUIREMENTS1 -INCH CONDUIT1 -INCH CONDUIT4 11/16 -INCH SQUARE x 2 1/8 -INCH DEEP BACK BOX1 -INCH CONDUIT1 -INCH CONDUIT1 -INCH CONDUITSTANDARD OUTLET HEIGHT UNLESS OTHERWISE NOTEDWALL FLUSH BACK BOX 2 GANG4 11/16 -INCH SQUARE x 2 1/8 -INCH DEEP BACK BOXCEILING LEVEL (REF: ARCHITECTURAL)WALL (REF: ARCHITECTURAL)FLOOR (REF: ARCHITECTURAL)2 GANG MUDRINGVERTICAL CONDUIT TO BEND1 -INCH CONDUIT© Copyright BCER EngineeringALL DRAWINGS, SPECIFICATIONS, AND OTHER WORK PRODUCT PREPARED BY BCER ENGINEERING FOR THIS PROJECT ARE INSTRUMENTS OF SERVICEAND SHALL REMAIN THE PROPERTY OF BCER ENGINEERING. BCERENGINEERING SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT THERETO.Project Number:Drawn By:Reviewed By:Approved By:IssueDateThinkOne Architects101 E Main St. Studio 1Bozeman, MT, 59715T: 406-586-7020ArchitectMEP EngineerAssociate ArchitectLandscape ArchitectInformation TechnologyCivil Engineer SealProject NumberGeneral ContractorTCA Architecture + Planning6211 Roosevelt Way NeSeattle, WA 58115T: 206-522-3830Associated Construction Engineering Inc.12 N BroadwayBelgrade, MT, 59714T: 406-388-3320Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721Design 5 Landscape Architecture37 E Main StBozeman, MT, 59715T: 406-587-4873BCER Engineering10807 New Allegiance Dr., Suite 400Colorado Springs, CO 80921T: 719-533-1112Langlas & Associates, Inc.1019 E Main Street, Suite 101Bozeman, MT 59715T: 406-585-3420Big Sky AcousticsPO BOX 27Helena, MT 59624T: 406-457-0407Acoustical EngineerCity of Bozeman121 N Rouse Ave.Bozeman, MT 59715T: 406-582-2300F: 406-582-2301901 N. ROUSE AVE. & 300 E. OAK ST., BOZEMAN MTAndersonMasonDale Architects, P.C.3198 Speer BoulevardDenver, CO 80211T: 303-294-9448Associate ArchitectStructural Engineer Morrison-Maierle, Inc.2880 Technology Blvd.Bozeman, MT 59715T: 406-587-0721BCER PROJECT 868190036/4/2020 10:00:24 AMBIM 360://Bozeman Public Safety Center/86819003-BozemanPublicSafetyCenter-Comm-R19.rvtT-605COMMUNICATIONS DETAILS1825BCERBCERBCERBOZEMAN PUBLICSAFETY CENTER1825CITY OF BOZEMANJUNE 4, 2020ISSUE FOR BIDNearest receptacleshown on E-101A?and will it move to theAV rack per thisdetail? Or anadditional powerreceptacle.372 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI199 Date:7/28/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI199 which involves providing dedicated circuits to AV Racks in Rooms 122 and ST-105. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 60 87.06 C 52.24 4.00C 2.40 3/4" CONN SS STL - EMT 2 78.02 C 1.56 12.50C 0.25 3/4" COUPLING SS STL - EMT 8 79.80 C 6.38 5.00C 0.40 3/4" 1-H STRAP - RMC - STEEL 4 20.53 C 0.82 6.75C 0.27 3/4" 1-H STRAP - RMC - MALL 5 210.00 C 10.50 6.75C 0.34 #12 THHN SOLID BLACK 800 221.93 M 177.54 6.75M 5.40 4x 2 1/8" SQ BOX COMB KO 1 181.37 C 1.81 28.75C 0.29 4" SQ 2G PLSTR RING 3/4" RISE 1 418.00 C 4.18 3.13C 0.03 GROUND SCREW W/ INSUL #12 LEAD 2 0.50E 1.00 3.75C 0.07 P&S 2G DBL DPLX REC PLATE - NYLON IVY 1 73.50 C 0.73 5.63C 0.06 P&S 20A 125V DUP REC- IVY (SG)2 2.58E 5.16 25.00C 0.50 Totals 886 261.93 10.01 Summary General Materials 261.93 Material Total 261.93 JOURNEYMAN (10.01 Hrs @ $61.00) 610.61 FOREMAN @ 25%(2.50 Hrs @ $61.00) 152.50 ORIGINAL 373 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI199 Date:7/28/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Subtotal 1,025.04 Overhead (@ 10.000 %) 102.50 Markup (@ 5.000 %) 56.38 Subtotal 1,183.92 Final Amount $1,183.92 ORIGINAL 374 Change Estimate Report Project: Bozeman Public Safety Center CE No:72 Project # 19426 Revision #3 Change Source: Solar PV Array Upgrade Date:8/16/2021 Description:Upgrade Solar Panel Array from 50kW to 250kW Category Quantity Unit Unit Cost Total -$ 07C.0750 1 sum 12,392.00$ 12,392.00$ 07C.0750 1 sum 1,780.00$ 1,780.00$ 26A.1600 1 sum 3,224.91$ 3,224.91$ 26A.1640 1 sum 299,333.00$ 299,333.00$ -$ -$ -$ -$ -$ -$ 26A.1640 (1) sum 72,800.00$ (72,800.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 243,929.91$ GC/CM Business Insurance 0.625% 1,524.56$ CM Fee 3.2% 7,854.55$ Bond 1.0% 2,533.09$ 255,842.11$ DEDUCT Description ADD Roof Membrane Slip Sheets (PR 20) Electrical Infrastructure 250kW Solar Array Onsite Energy Revised Repair Slip Sheet for 19 Anchors for PV Array 50kW Solar Array Onsite Energy Base Bid TOTAL 375 DEDUCT ALTERNATE 807C.0750 BP 7C Roofing Alternate 8 Pricing(2,450.00)$ 26A.1640 50kW Solar Array Onsite Energy Base Bid (72,800.00)$ SUBTOTAL(75,250.00)$ 0.625%GC/CM Business Insurance(470.31)$ 3.2%CM Fee(2,423.05)$ 1.0%Bond(781.43)$ TOTAL(78,924.80)$ ADD NEW PV SYSTEMDeltaAlt 8 BP 7C Roofing Alternate 8 Pricing2,450.00$ 255,842.11$ CE 72 Repair Slip Sheet for 19 Anchors for PV Array1,780.00$ CE 72 Electrical Infrastructure3,224.91$ CE 72 250kW Solar Array Onsite Energy Revised299,333.00$ CE 74PR 20 Extra Slip Sheets12,392.00$ SUBTOTAL319,179.91$ 0.625%GC/CM Business Insurance1,994.87$ 3.2%CM Fee10,277.60$ 1.0%Bond3,314.52$ TOTAL334,766.91$ 376 P.O. Box 17227 Missoula, MT 59808 Phone 406-829-9100 Fax: 406-829-8450 TO:Langlas & Associates, Inc. 1019 E. Main St. Ste. 101 Bozeman, MT 59715 CHANGE ORDER REQUEST DATE:CHANGE ORDER #:1 JOB NAME:Bozeman Public Safety JOB #: WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES: Install a sacrificail sheet under the entire area of the PV Array system.$12,392.00 Membrane to be welded fully to ensure no water or contaminants get under the slip sheet Provide the added inspection for the roofing prior to installation of the slip sheet This is now required by GAF the roofing manufacturer. Material $6,991.00 Labor $3,132.00 OHP 15%$1,518.45 Perdium $543.00 Mobilize $85.00 Cont Tax $122.69 Total $12,392.14 WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:12,392.00$ PREVIOUS CONTRACT AMOUNT:865,199.00$ REVISED CONTRACT TOTAL:877,591.00$ Summit Roofing Inc.DATE ACCEPTED BY DATE Bill Johns / President PRINTED NAME/TITLE PRINTED NAME/TITLE 5/3/2021 377 P.O. Box 17227 Missoula, MT 59808 Phone 406-829-9100 Fax: 406-829-8450 TO:Langlas & Associates, Inc. 1019 E. Main St. Ste. 101 Bozeman, MT 59715 CHANGE ORDER REQUEST DATE:CHANGE ORDER #:2 JOB NAME:Bozeman Public Safety JOB #: WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES: Weld down roof anchors and repair slip sheet for 19 Anchors for PV Array $1,780.00 Roof Anchors with TPO flashing provided and installed by others. Material $156.00 Labor $1,197.37 OHP 15%$203.01 Perdium $156.00 Mobilize $50.00 Cont Tax $17.62 Total $1,780.00 WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:1,780.00$ PREVIOUS CONTRACT AMOUNT:877,591.00$ REVISED CONTRACT TOTAL:879,371.00$ Summit Roofing Inc.DATE ACCEPTED BY DATE Bill Johns / President PRINTED NAME/TITLE PRINTED NAME/TITLE 6/15/2021 378 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #ADD PV ROUGH IN Date:7/15/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for ADD PV ROUGH IN which involves additional rough in for the PV system cabling. Note: Outlets are required for the fiber to ethernet device. Includes duplex receptacle mounted high out of the way in locations desired. Rooms 270, 176, 148A are circuited to the nearest convenience outlet. Note: The required communications cabeling for the PV system will be piped from the array to the nearest accessable ceiling. Then the fiber or eithernet(by others) will continue on tray and/or use other low voltage pathways to the desired areas. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT 160 87.06 C 139.30 4.00C 6.40 3/4" CONN SS STL - EMT 16 78.02 C 12.48 12.50C 2.00 3/4" COUPLING SS STL - EMT 30 79.80 C 23.94 5.00C 1.50 3/4" SPRING STL CONDUIT CLAMP W/ BOLT 24 48.75 C 11.70 7.50C 1.80 #12 THHN SOLID BLACK 1,920 221.93 M 426.11 6.75M 12.96 WIRE CONN RED 20 18.16 C 3.63 5.50C 1.10 4x 2 1/8" SQ BOX COMB KO 4 181.37 C 7.25 28.75C 1.15 4" SQ 1x DUPLEX REC COVER 4 143.84 C 5.75 3.13C 0.13 GROUND SCREW W/ INSUL #12 LEAD 4 0.50E 2.00 3.75C 0.15 P&S 20A 125V DUP REC- IVY (SG)4 2.58E 10.32 25.00C 1.00 Totals 2,186 642.49 28.19 ORIGINAL 379 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #ADD PV ROUGH IN Date:7/15/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary General Materials 642.49 Material Total 642.49 JOURNEYMAN (28.19 Hrs @ $61.00) 1,719.59 FOREMAN @ 25%(7.05 Hrs @ $61.00) 430.05 Subtotal 2,792.13 Overhead (@ 10.000 %) 279.21 Markup (@ 5.000 %) 153.57 Subtotal 3,224.91 Final Amount $3,224.91 ORIGINAL 380 8/16/2021 BPSC SOLAR PV PROJECT BUDGET Original QUANTITY UNIT COST TOTAL TOTAL Difference PRECONSTRUCTION SERVICES Final Production of Design/Engineering Drawings including Coodination with OAC Team 16 26.00$ 416$ 416$ -$ Third Party Stamp on Electrical Drawings 1 600.00$ 600$ 600$ -$ Structural Stamped Drawing Fee for Plan Set Provided by Ballasted Racking Manufacturer 1 1,200.00$ 1,200$ 1,200$ -$ Structural Analysis and Stamped Letter Fee for Parking Canopy Solar Arrays 0 1,500.00$ -$ 1,500$ (1,500)$ NWE Level 3 Interconnection Application Fee 1 200.00$ 200$ 200$ -$ Admin Labor for Interconnection Application 8 21.00$ 168$ 168$ -$ City of Bozeman Building/Electrical Permit Fee 1 1,780.00$ 1,780$ 1,780$ -$ Admin Labor for Building/Electrical Permit Submittal 4 21.00$ 84$ 84$ -$ General Project Coordination Labor 12 30.00$ 360$ 360$ -$ Preconstruction Services Subtotal 4,808$ 6,308$ (1,500)$ EQUIPMENT AND CONSTRUCTION SERVICES SOLAR MODULES QUANTITY UNIT COST TOTAL TOTAL REC Alpha 440 High Efficiency Solar Module 600 176.00$ 105,600$ 105,600$ -$ INVERTERS AND ASSOCIATED COMPONENTS SMA Core1 50 kW Inverter 3 4,728.51$ 14,186$ 13,659$ 527$ SMA Core1 33 kW Inverter 2 3,495.61$ 6,991$ 6,780$ 211$ SMA JMS-F Rapid Shutdown Device (Only needed for roof top solar arrays)-New Dual Input 140 41.88$ 5,863$ 6,989$ (1,126)$ Inverter Mounting Bracket for Parking Canopies 2 174.00$ 348$ 348$ -$ SMA Data Manager M Gateway for Non-Export Controls 1 746.98$ 747$ 877$ (130)$ Elkor Watts-On Energy Meter for Non-Export Controls 1 170.00$ 170$ 170$ -$ Inverter Subtotal 28,305$ 28,822$ (517)$ RACKING PanelClaw clawFR 10 Ballasted Racking System for Flat Roof Areas A,B, and D 1 12,079.57$ 12,080$ 10,116$ 1,964$ PanelClaw Wire Management Accessories 140 11.06$ 1,548$ 1,333$ 216$ U-Anchors for Mechanical Attachments 19 55.82$ 1,061$ - 1,061$ Ballast Bricks, 16 lb., 2x8x16 984 1.25$ 1,230$ 1,952$ (722)$ SnapnRack Flush Mount Racking System for Parking Canopies 1 13,533.12$ 13,533$ 11,645$ 1,888$ Throughbolt Hardware for Parking Canopies (5/16" Bolts, Washers, and Nylock Nuts)0 0.80$ -$ 512$ (512)$ Racking Subtotal 29,452$ 25,558$ 3,894$ Page 1 of 3 381 8/16/2021 BPSC SOLAR PV PROJECT BUDGET Original QUANTITY UNIT COST TOTAL TOTAL Difference ELECTRICAL MATERIALS AC Gear Package (AC Aggregation Panel with Breakers, AC Disconnect)1 3,240.00$ 3,240$ 2,860$ 380$ #1 AWG THWN 720 3.08$ 2,218$ 2,218$ #2 AWG THWN 2440 2.75$ 6,710$ 6,710$ #3 AWG THWN 490 2.20$ 1,078$ 4,356$ (3,278)$ #8 AWG THWN 140 0.74$ 104$ 492$ (388)$ #6 AWG THWN 1060 1.14$ 1,208$ 1,208$ #6 Bare Copper Ground Wire for Solar Arrays 600 1.03$ 618$ 354$ 264$ 600 kcmil 90 23.39$ 2,105$ 1,011$ 1,094$ Additional Equipment/Wiring for Inverter Communications Due to Distance Limitations 1 -$ -$ -$ CAT 6 1200 -$ -$ 96$ (96)$ PV Wire 20000 0.32$ 6,400$ 4,800$ 1,600$ Misc. Electrical Conduit,Fittings, Junction Boxes, Wire Management, Etc.1 1,800.00$ 1,800$ 1,800$ -$ MC4 PV Module Connector Pairs 40 2.50$ 100$ 100$ -$ Ray Tray Wire Tray for DC Wire Management on Flat Roof Areas 60 4.74$ 284$ 284$ -$ Solar Module Cable Clips 2400 0.25$ 600$ 600$ -$ Zip Ties 200 0.30$ 60$ 60$ -$ Electrical Mats. Subtotal 26,525$ 16,813$ 9,712$ LABOR Shop Prep/Equipment Handling/Mobilization (Prevailing Wage Rate)64 47.27$ 3,025$ 3,025$ -$ Solar Photovoltaic Installer Labor (Prevailing Wage Rate)852 47.27$ 40,274$ 39,707$ 567$ Licensed Electrician Labor (Prevailing Wage Rate)160 47.27$ 7,563$ 7,563$ -$ Project Management 60 24.00$ 1,440$ 1,440$ -$ Labor Subtotal 1136 52,303$ 51,735$ 567$ GENERAL PROJECT FEES Freight (Inverters, Ballast Racking, and Misc. Small Materials)1 1,950.00$ 1,950$ 1,950$ -$ Crane Service (1 Day for Lifting Equipment on to Flat Roof Areas)1 1,080.00$ 1,080$ 1,080$ -$ Gradall Rental (1 Month)1 3,050.00$ 3,050$ 3,050$ -$ Job Site Safety Equipment 1 600.00$ 600$ 600$ -$ General Project Fees Subtotal 6,680$ 6,680$ -$ Revised Original Difference Page 2 of 3 382 8/16/2021 BPSC SOLAR PV PROJECT BUDGET Original QUANTITY UNIT COST TOTAL TOTAL Difference PRECONSTRUCTION SERVICES 4,808$ 6,308$ (1,500)$ EQUIPMENT AND CONSTRUCTION SERVICES 248,864$ 235,208$ 13,656$ TOTAL PROJECT COST BASIS 253,672$ 241,516$ 12,156$ OVERHEAD 12%30,441$ 28,982$ 1,459$ PROFIT 6%15,220$ 14,491$ 729$ CONTINGENCY 2%-4,830$ 243$ TOTAL BID PRICE 299,333$ 289,820$ 14,587$ Page 3 of 3 383 Change Estimate Report Project: Bozeman Public Safety Center CE No:75 Project # 19426 Revision # Change Source: PR 21 Date:5/25/2021 Description:Dual Data Port at Police Dept Canopies Category Quantity Unit Unit Cost Total -$ 27A.2700 1 sum 627.20$ 627.20$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 627.20$ GC/CM Business Insurance 0.625% 3.92$ CM Fee 3.2% 20.20$ Bond 1.0% 6.51$ 657.83$ TOTAL Description ADD Low Voltage Cabling and Terminations 384 Estimate Date 5/18/2021 Estimate # 74423 Name / Address Langlas & Associates 1019 East Main Street, Ste 101 Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR 21 Terms Net 30 Project Bozeman Public Saf... Signature Phone # 406-587-1616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Total Langlas & Assoc. : Bozeman Public Safety Center : PR 21 labor labor 3.00 75.00 225.00 Cat 6 Outdoor Commscope Cat 6 Outdoor Cable CS340 1.00 343.20 343.20 CJ688TG** Panduit Cat 6 jack 4.00 8.50 34.00 FP6X88MTG Field Terminable RJ45 Plug 2.00 12.50 25.00 _____________________________________ $627.20 385 Change Estimate Report Project: Bozeman Public Safety Center CE No:76 Project # 19426 Revision #1 Change Source: ASI 48 Date:8/16/2021 Description:Steel Sheathing Wall Assembly Revisions Category Quantity Unit Unit Cost Total -$ 07A.0720 1 sum 2,982.00$ 2,982.00$ -$ -$ -$ -$ -$ -$ -$ -$ 06A.0610 (1) sum 16,556.93$ (16,556.93)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (13,574.93)$ GC/CM Business Insurance 0.625% (84.84)$ CM Fee 3.2% (437.12)$ Bond 1.0% (140.97)$ (14,237.86)$ TOTAL Steel Shear Sheathing DEDUCT Description ADD Spray Foam Insulation at WA1C, WA2C, WA3C 386 Page 1 of 3 387 Page 2 of 3 388 Page 3 of 3 389 SUBCONTRACTOR:LANGLAS - FRAMING CONTACT:ELIZABETH OLIVER ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715 FAX:406-585-4110 THIS IS IN RESPONSE TO:ASI 48 CCD #: CONTRACTOR:LANGLAS & ASSOCIATES RFI #: PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:8/5/2021 BOZEMAN, MT 59715 SUBCONTRACTOR COR #:6 PHONE:406-585-3420 FAX:406-585-4110 DESCRIPTION:Elimination of interior steel sheathing panels to eliminate "trapped" moisture condtion at double sided shear walls. DRAWINGS:S-101d, S-103a, S-103b, A-101d, A-103a, A-103b, A-601 Trade Description QTY Unit Unit Price Taxes Total Cost SUBCONTRACTORS: Paradigm Contractors -1 sum 4,000.00 -$4,000.00 $0.00 $0.00 Description Hours Rate Labor Amt. Burden Total Cost LABOR: Carpenter 67.00 - - $0.00 Laborer 46.00 - - $0.00 Project Engineer 80.00 - included $0.00 Description QTY Unit Unit Price Taxes Total Cost MATERIAL: Shear Wall Sheathing -10600 sqft 0.975 -$10,335.00 $0.00 $0.00 $0.00 $0.00 Description QTY Unit Unit Price Taxes Total Cost EQUIPMENT:$0.00 $0.00 $0.00 $0.00 CREDITS: SUBTOTAL:-$14,335.00 OVERHEAD: 10% -$1,433.50 PROFIT : 5% -$788.43 GRAND TOTAL: -$16,556.93 NOTES: Authorized Signature Date SUBCONTRACTOR CHANGE ORDER REQUEST BOZEMAN PUBLIC SAFETY CENTER PROJECT NAME: 390 Length Width SQFT Bid 58,038 Cost $/sqft Procured 470 ea 16.333 4 30,706 29938.94 0.975018 61 ea 16 4 3,904 15 ea 14 4 840 10 ea 12 4 480 5093.4 0.975 Future Order 80 ea 12 4 3,840 39,770 Surplus 18,268 391 Change Estimate Report Project: Bozeman Public Safety Center CE No:77 Project # 19426 Revision # Change Source: PR 19 Date:5/25/2021 Description:Courtroom Casework Revisions Category Quantity Unit Unit Cost Total -$ 06B.0640 1 sum 3,202.00$ 3,202.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,202.00$ GC/CM Business Insurance 0.625% 20.01$ CM Fee 3.2% 103.11$ Bond 1.0% 33.25$ 3,358.37$ TOTAL Description ADD Courtroom Casework Re-Engineering and Labor 392 TMI SYSTEMS CORPORATION 50 South Third Avenue West Dickinson, ND 58601-5579 (701) 456-6716 | (800) 456-6716 www.tmisystems.com TMI Cares Tuesday, May 25, 2021 Langlas & Associates Inc. Attn: Mark Dehn 1019 East Main Street, Suite 101 Bozeman, MT 59715 RE: Bozeman Public Safety Ctr. Subject: Courtroom 240&250 revisions Mark, The cost associated with proposed changes in Courtroom 240 & 250 per the following: $3,202.00 add Material add is minimal. Majority of costs are applicable to re-engineering drawings and factory labor. Please confirm proposed add is approved in order to proceed with incorporating changes. If you have any questions or need additional information, please call me at 701-456-6391, facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com Sincerely, TMI SYSTEMS CORPORATION Bryan Volesky Bryan Volesky Project Manager 393 Change Estimate Report Project: Bozeman Public Safety Center CE No:78 Project # 19426 Revision # Change Source: PR 22 Date:7/29/2021 Description:FD Cleaning (Rm. 154C) - Electrical Updates Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum (266.75)$ (266.75)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL (266.75)$ GC/CM Business Insurance 0.625% (1.67)$ CM Fee 3.2% (8.59)$ Bond 1.0% (2.77)$ (279.78)$ Description ADD Various Electrical Changes TOTAL 394 101 East Main – Studio One Bozeman, Montana 59715 phone: 406.586.7020 fax: 406.586.8470 PROPOSAL REQUEST Project Name: Bozeman Public Safety Center Project No.: 1825 Location: Bozeman, Montana PR No.: 22 Owner: City of Bozeman Contractor: Langlas & Associates 121 North Rouse Avenue 1019 East Main Street Bozeman, Montana 59715 Bozeman, MT 59715 Please submit an itemized proposal for adjustments to the Contract Amount and/or Contract Time resulting from the proposed modifications to the Contract Documents described below. This proposal shall include all costs associated with the proposed change, such as materials, labor, overhead, and profit. This proposal shall be submitted to the requestor within fourteen (14) calendar days of the date given below. PROPOSED MODIFICATIONS: In Cleaning (154C), please provide an itemized proposal for the following modifications: · Revise circuit 1BLOS2-3,5,7 from 50A circuit to 40A. · Revise circuit 1BLOS2-2,4 from hardwired with disconnect to 208V/1 receptacle. EC to provide cord and plug for equipment. · Revise circuit 1BLOS2-9 from 120V receptacle to 208V/1 receptacle in same location. EC to provide cord and plug for equipment. Provide spare breaker in 1BLOS2-9 and feed new 2-pole circuit from 1BLOS2-55,57. See revised panel schedule for new breaker size. · Revise circuit 1BLOS2-6,8 from 30A to 15A. EC to provide cord and plug for equipment. · Delete hardwired connection for EQ-69 Tumble Dryer and provide blank cover plate. Please note: With the revisions to the panel schedule, CKT numbers have been adjusted. Please review and coordinate with revised drawing attached. ThinkOne (ACE) Maryanne St. Sauver (Jake Garwood) 5.12.2021 REQUESTED BY (CONSULTANT) AUTHORIZED AGENT DATE If this proposal is accepted, the Owner will issue a Change Order to incorporate the proposed modifications into the Contract. 395 FDDN DN FD FD FD FD FD FDFDFD WPWRAC AC AC AC AC AC AC ACACAC96" 96" AC ACACAC AC ACAC AC AC AC ACACACAC M OH DOOR M OH DOOR M OH DOOR M OH DOOR M FOLDING DOORS WPWRWPWR WPWRWPWR WPWR WPWRJ J AC AC AC 72"ACAC F FF FFF F F WP F F F WP F F F FF F F WP F FFF F FF F FF FFFFF F F F F CO COSB SD SD SD HD F FFFFFFFFFF F F F F FFWPSD SD SD SD SD F WP F WP ACACACACACACCUH-1UH-3 CUH-1 FC-3 FC-2 UH-1 UH-1 CH-1 ASC-1 80"UH-2 30AEF-8 EF-9 EF-10 F F WPWR FACPTS TS TS TS TS TS TS TSFS FS FS FSNACESP-4 R FWPF FWPFM OH DOOR J JJ J J J J J J J J J JJ 80"CUH-1 44"72"MMMMM M CUH-S126R SD SD SD SD WPWR WPWR WPWR J JJ JJJ M M J 26"26"72"130" 130"130"130"44"C.1 C.1 B.3 B.3 B.2 B.2 B.1 B.1 2.14 2.14 2.12 2.12 2.10 2.10 A.15 A.15 1.2 1.2 DIGITAL FORENSICS 142E STORAGE 142D DRY 142B DRY 142C CLEANING 154C DECON 154B SECURE CORRIDOR C-130 WASH BAY 154A DISCOVERY 146B OFFICE 142F FD WORK 156 VEST V-142 OFFICER BAG/TAG 142AIT 148A ELEV 4 EL-260 STORAGE ST-131 SECURE INTERVIEW 133 VEHICLE EXAM BAY 144 EVIDENCE PROCESSING 142 NARC VAULT 146C EVIDENCE 146 FITNESS 150 SECURE INTERVIEW 132 SECURE INTERVIEW 134 SECURE INTERVIEW LARGE 136 F.D. STORAGE 156A MONITOR 130 CASCADE 152A SCBA MAINT. 152 SECURE RR RR-130 WATER M-124 BUNK 125 EQUIP. 110J ARMORY 124 IT 129 TURNOUT GEAR 154 CORRIDOR C-125 SHOWER 154D CUSTODIAL 127 ADA SHOWER RR-126 SALLY PORT 140 BICYCLE STORAGE 140B VESTIBULE V-110 ELEC. ROOM 148B BUILDING STORAGE (FUTURE EXPANSION) 148 VESTV- 146 BRIEFING 122 STAIR 4 S-151 OPEN OFFICE 110 1 1 2 2 3 3 3 4 3 3 3 5 6 7 8 9 10 10 11 12 12 12 12 13 14 15 16 16 17 15 16 16 17 15 16 16 17 15 16 16 17 16 15 18 E-400 3 19 20 21 22 1ALOS1-1 1ALOS1-4 1ALOS2-48 1BLOS1-1 1BLOS1-2 1BLOS1-3 1BLOS1-4 1BLOS1-5 1BLOS1-6 MSB1-3 1BLOS1-7 1BLOS1-8 1BLOS1-9 1BLOS1-10 1BLOS1-11,13,15 1BLOS1-12 1BLOS1-141BLOS1-16 1BLOS1-17 1BLOS1-18 1BLOS1-19 1BLOS1-21 1BLOS1-22 1BLOS1-23 1BLOS1-24 1BLOS1-25 1BLOS1-26 1BLOS1-27 1BLOS1-28 1BLOS1-29 1BLOS1-30 1BLOS1-31,33,35 1BLOS1-32 1BLOS1-34 1BLOS1-36 1BLOS1-38 1BLOS1-39 1BLOS1-40 1BLOS1-41 1BLOS1-42 1BLOS1-43 1BLOS1-44 1BLOS1-45 1BLOS1-46,48 1BLOS1-47 1BLOS1-44 1BLOS2-1 1BLOS2-3,5,7 1BLOS2-2,4 23 1BLOS2-6,8 24 1BLOS2-11 1BLOS2-13 1BLOS2-10,12 1BLOS2-15 1BLOS2-17 1BLOS2-14 1BLOS2-19 1BLOS2-16 1BLOS2-21 1BLOS2-18 1BLOS2-20 1BLOS2-23 1BLOS2-22 1BLOS2-24 1BLOS2-27 1BLOS2-28 1BLOS2-26 1BLOS2-29 1BLOS2-30 1BLOS2-31 1BLOS2-32 1BLOS2-33,35 1BLOS2-34,36 25 1BLOS2-37,39,41 26 1BLOS2-38 1BLOS2-40 1BLOS2-42 1BLOS2-43 1BLOS2-46 1BLOS2-47 1BLOS2-48 1BLOS3-1 1BLOS3-2 1BLOS3-4 1BLOS3-3 1BLOS3-6 1BLOS3-5 1BLOS3-8 1BLOS3-7 1BLOS3-10 1DLOS1-19 1DLOS1-40 1BLOS1-37 1DLOS1-47 1DLOS1-48 E-400 4 1BLOS2-44 1BLOS2-45 1BLOS3-34,36 1BLOS3-35 1DLOS3-56 27 28 29 1ALOS3-19 30 30 1BL2 1BL2-1 1BL2-2 1BL2-3,5 16 31 32 31 31 33 1ALOS3-41 28 28 28 28 28 28 34 SHOWER RR-128 MTSEM 35 36 1BLOS3-45,47 17 MAIN DISC 37 1BLOS3-46 1BLOS3-48 1BLOS3-49 38 MSB1 1BLOS1-20 39 23 1BLOS2-49 1BLOS2-50 40 40 41 1BLOS2-55,57 41 17 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 17 PR 11 DECEMBER 21, 2020 PR 13 JANUARY 21, 2021 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 20215/12/2021 9:32:25 AME-101B ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA B JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN N 1/8" = 1'-0"E-101B 1 ELECTRICAL POWER & FIRE ALARM PLAN - LEVEL 01 - AREA B ELECTRICAL KEYNOTES 36 SEE ELECTRICAL RISER DIAGRAM FOR FEEDER SIZE. 37 PROVIDE GENERATOR REMOTE EMERGENCY STOP SWITCH. 38 EC TO COORDINATE MOUNTING HEIGHT OF LOWER RECEPTACLES WITH SHELVING. MOUNT RECEPTACLES AT APPROXIAMTLY 20" AFF CENTERED BETWEEN SHELVES. 39 DEVICE FOR CEILING MOUNTED CORD REEL PROVIDED BY EC. SEE DETAIL 5/E-401 FOR ADDITIONAL INFORMATION. 40 PROVIDE RECEPTACLE MOUNTED TO 14x14 ENCLOSURE ABOVE ACCESSIBLE CEILING SPACE AT APPROXIMATE HEIGHT SHOWN. SEE COMMUNICATIONS DRAWINGS FOR ADDITIONAL INFORMATION ON ENCLOSURE. 41 PROVIDE EQUIPMENT WITH CORD AND 6-20P PLUG. ELECTRICAL KEYNOTES 24 EC TO PROVIDE NEMA 15-50R RECEPTACLE. PROVIDE CIRCUIT CONSISTING OF 1"C, 3#8, #10G. 25 PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C. 26 PROVIDE CIRCUIT CONSISTING OF 1"C, 3#6, #6N, #10G. 27 PROVIDE FA/ELEVATOR INTERFACES TO PERFORM PRIMARY RECALL, ALTERNATE RECALL, SHUNT-TRIP, HAT FLASH AND SUPERVISION OF SHUNT-TRIP POWER SOURCE. 28 EC TO PROVIDE ROUGH-IN AND POWER FOR MAGNETIC DOOR HOLDERS PROVIDED WITH DOOR HARDWARE. COORDINATE REQUIREMENTS WITH EQUIPMENT PROVIDER. ROUTE CIRCUIT FOR DOOR HOLDERS THOUGH FA RELAY PROVIDED BY FA CONTRACTOR. 29 ELEVATOR SUMP PUMP CONTROLLER PROVIDED BY OTHERS, WIRING BY EC. EC RESPONSIBLE FOR WIRING FROM CONTROLLER TO ALARM SWITCH AND PUMP LOCATED IN ELEVATOR PIT. PROVIDE CIRCUIT CONSISTING OF #10'S IN 3/4" C. 30 EC TO PROVIDE CONNECTION TO AUTOMATIC SLIDING DOOR. VERIFY EXACT CONNECTION POINT AND LEAF WITH HARDWARE CONTRACTOR PRIOR TO ROUGH-IN. 31 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM STROBE PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AT 7'-6" AFF AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 32 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKER PROVIDED AND INSTALLED BY OTHERS. PROVIDE BOGEN RE84 BACK BOX FOR HARD LID CEILING OR BOGEN TB8 TILE BRIDGE FOR SUSPENDED CEILING. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 33 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM DOORBELL/EMERGENCY ALERT PUSH BUTTON PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 34 DEVICE FOR OWNER PROVIDED AIR COMPRESSOR. COORDINATE EXACT REQUIREMENTS WITH OWNER. 35 PROVIDE MANUAL TRANSFER SWITCH FOR TEMPORARY SOURCE OF POWER FOR MAINTENANCE OR REPAIR COMPLYING WITH NEC 700.3. MANUAL SWITCH SHALL BE FOXFAB FFCC-C2-100-T-U4-G-ALU-LA OR EQUAL. SEE ELECTRICAL RISER DIAGRAM FOR ADDITIONAL INFORMATION. ELECTRICAL KEYNOTES 14 VEHICLE EXAM BAY CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL COMPLY WITH NEC ARTICLE 511. 15 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. 16 PROVIDE ROUGH-IN W/ EMPTY 1/2" C THAT CONTAINS A PULL CORD TO THE SAFETY BEAM DEVICES LOCATED ON BOTH SIDES OF THE DOOR FROM THE OH DOOR MOTOR. COORDINATE W/ DOOR SUPPLIER FOR ANY ADDITIONAL REQUIREMENTS. 17 PROVIDE ROUGH-IN FOR OVERHEAD DOOR PUSHBUTTON CONTROLLER PROVIDED BY OTHERS. PROVIDE EMPTY 1/2" C WITH PULL CORD TO OVER HEAD DOOR MOTOR. COORDINATE EXACT LOCATION OF PUSH BUTTON WITH DOOR SUPPLIER PRIOR TO ROUGH-IN. 18 PROVIDE POWER CONNECTION TO OVERHEAD DOOR MOTOR, COORDINATE EXACT REQUIREMENT AND LOCATION W/ DOOR EQUIPMENT SUPPLIER. EC TO PROVIDE A SQ D CLASS #3110, HEAVY DUTY FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. FUSE PER MANUFACTURERS RECOMMENDATIONS. EC TO PROVIDE ROUGH-IN FOR SAFETY DEVICES AND PUSHBUTTON CONTROLLER PER MANUFACTURERS RECOMMENDATIONS. 19 DEVICE FOR DROP CORD. SEE DETAIL 4/E-400 FOR ADDITIONAL INFORMATION. 20 PROVIDE 3/4" CONDUIT TO SNOW MELT SENSOR FROM SNOW MELT CONTROLLER LOCATED IN MECHANICAL ROOM M-305. COORDINATE LOCATION WITH MC PRIOR TO ROUGH-IN. 21 PROVIDE POWER FOR WATER CLOSET. EC TO PROVIDE CONNECTION TO 24V TRANSFORMER SUPPLIED BY PC. 22 ROUTE POWER FOR DRINKING FOUNTAIN/BOTTLE FILL TO FACTORY INSTALLED J-BOX PROVIDED WITH DRINKING FOUNTAIN. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 23 PROVIDE CIRCUIT CONSISTING OF 3/4"C, 2#6, #10G. ELECTRICAL KEYNOTES 1 PROVIDE RECEPTACLE IN RECESSED FLAT PANEL TELEVISION ENCLOSURE. SEE COMMUNICATIONS PLANS FOR ENCLOSURE DETAILS. 2 PROVIDE ROUGH-IN FOR CALL ALERT SYSTEM SPEAKERS PROVIDED AND INSTALLED BY OTHERS. PROVIDE 4" SQUARE BOX AT 13'-0" AFF AND CONDUIT INTO ACCESSIBLE CEILING SPACE. COORDINATE LOCATION AND REQUIREMENTS WITH SYSTEM PROVIDER. 3 DEVICE FOR CORD REEL. SEE DETAIL 5/E-400 FOR ADDITIONAL INFORMATION. 4 DEVICE FOR WALL MOUNTED COMPUTER STATION. COORDINATE MOUNTING HEIGHT WITH EQUIPMENT SUPPLIER. 5 COORDINATE RECEPTACLE LOCATION WITH DRINKING FOUNTAIN SUPPLIER. PROVIDE 5mA GFCI BREAKER IN PANEL TO SERVE LOAD. 6 DEVICE IN ELEVATOR PIT. ADJUST LOCATION FOR BEST FIT IN SPACE. COORDINATE W/ ELEVATOR PROVIDER PRIOR TO ROUGH-IN. PROVIDE CIRCUIT PASS THROUGH FROM LINE SIDE OF DEVICE TO LIGHT FIXTURE IN PIT AND RECEPTACLE AT TOP OF SHAFT. 7 DEVICE FOR REFRIGERATED EVIDENCE LOCKER. COORDINATE EXACT CONNECTION LOCATION WITH EQUIPMENT SUPPLIER PRIOR TO ROUGH-IN. 8 ROUTE CIRCUIT FOR CABINET UNIT HEATER THROUGH LINE VOLTAGE THERMOSTAT PROVIDED BY TC. SEE MECHANICAL PLANS FOR THERMOSTAT LOCATIONS. 9 EC TO PROVIDE A SQ D CLASS #3110, 208V, 3-POLE HEAVY DUTY LOCKABLE FUSED DISCONNECT IN A NEMA 3R ENCLOSURE FOR IRRIGATION WELL PUMP. FUSE PER PUMP MANUFACTURERS RECOMMENDATIONS. 10 DEVICE FOR GEAR DRYER PROVIDED BY OTHERS. COORDINATE EXACT LOCATION WITH EQUIPMENT PROVIDER PRIOR TO ROUGH-IN. 11 DEVICE FOR SCBA FILL STATION. EC TO PROVIDE 208V, 3-POLE, 60A NON-FUSED DISCONNECT IN A NEMA 1 ENCLOSURE. 12 PROVIDE (2) DUPLEX RECEPTACLES IN FLOOR BOX. SEE COMMUNICATIONS PLANS FOR FLOOR BOX DETAILS. 13 SALLY PORT CLASSIFIED AS COMMERCIAL GARAGES, REPAIR AND STORAGE. ALL ELECTRICAL WIRING AND ELECTRICAL UTILIZATION EQUIPMENT IN APPARATUS ROOM AND ADJACENT SPACES NOT EFFECTIVELY CUT OFF BY WALLS OR PARTITIONS SHALL COMPLY WITH NEC ARTICLE 511. AREA A AREA B AREA C AREA D ELECTRICAL POWER GENERAL NOTES A ELECTRICAL CONTRACTOR SHALL PROVIDE TAMPER RESISTIVE RECEPTACLES FOR ALL 120V WIRING DEVICES INSTALLED IN THE PROJECT INTERIOR REGARDLESS OF LOCATION. B ALL MECHANICAL EQUIPMENT THAT DOES NOT HAVE A DISCONNECT SHOWN AT DEVICE ON PLAN IS PROVIDED WITH A FACTORY DISCONNECT. EC TO CONNECT DISCONNECT AND VFD WHEN PRESENT. ALL VFD'S ARE PROVIDED BY TC, INSTALLED COMPLETE BY EC TO CIRCUIT AS SHOWN ON PLAN. C ALL WIRING DEVICES LOCATED IN APPARATUS BAY, SALLEY PORT, VEHICLE EXAM, FITNESS, STORAGE AREA AND SECURE CIRCULATION AREAS SHALL BE CONSIDERED ROUGH SERVICE AREAS AND SHALL REQUIRE STAINLESS STEEL DEVICE COVER PLATES. D COORDINATE LOCATION OF ALL DEVICES WITH ARCHITECTURAL PLANS, CASEWORK, SHOP DRAWINGS AND EQUIPMENT MANUFACTURER'S DETAILS BEFORE ROUGHING IN. E ELECTRICAL CONTRACTOR SHALL PROVIDE ARC FAULT BREAKERS ON ALL 120V BRANCH CIRCUITS SERVING DEVICES IN SLEEPING UNITS. F FIRE ALARM PANELS SHALL BE SEISMIC RATED. G FIRE ALARM CIRCUITS SHALL BE INSTALLED TO CLASS 1 SURVIVABILITY (SPRINKLED & IN CONDUIT) 396 ACE Project Number: Drawn By: Reviewed By: Approved By: Issue Date ThinkOne Architects 101 E Main St. Studio 1 Bozeman, MT, 59715 T: 406-586-7020 Architect MEP EngineerAssociate Architect Landscape Architect Information Technology Civil Engineer Seal Project Number Acoustical Engineer TCA Architecture + Planning 6211 Roosevelt Way Ne Seattle, WA 58115 T: 206-522-3830 Associated Construction Engineering Inc. 12 N Broadway Belgrade, MT, 59714 T: 406-388-3320 Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 Design 5 Landscape Architecture 37 E Main St Bozeman, MT, 59715 T: 406-587-4873 BCER Engineering 10807 New Allegiance Dr., Suite 400 Colorado Springs, CO 80921 T: 719-533-1112 Big Sky Acoustics PO BOX 27 Helena, MT 59624 T: 406-457-0407 City of Bozeman 121 N Rouse Ave. Bozeman, MT 59715 T: 406-582-2300 F: 406-582-2301 N. ROUSE AVE. & E. OAK ST., BOZEMAN MT AndersonMasonDale Architects, P.C. 3198 Speer Boulevard Denver, CO 80211 T: 303-294-9448 Associate Architect Structural Engineer Morrison-Maierle, Inc. 2880 Technology Blvd. Bozeman, MT 59715 T: 406-587-0721 ISSUE FOR BID JUNE 04, 2020 19BZ4921 ADDENDUM 01 JULY 01, 2020 ADDENDUM 03 JULY 07, 2020 ADDENDUM 04 JULY 22, 2020 ISSUE FOR CONSTRUCTION AUGUST 14, 2020 17 PR 11 DECEMBER 21, 2020 PR 13 JANUARY 21, 2021 PR 14 FEBRUARY 10, 2021 ASI 38 FEBRUARY 12, 2021 PR 17 MARCH 10, 2021 PR 8A APRIL 23, 2021 PR 22 MAY 12, 20215/12/2021 9:32:25 AME-605 ELECTRICAL PANEL SCHEDULES JG JK JK BOZEMAN PUBLIC SAFETY CENTER 1825 CITY OF BOZEMAN Notes: Lighting 66 VA 125.00% 83 VA Power 180 VA 100.00% 180 VA Receptacle 36718 VA 63.62% 23359 VA Total Est. Demand:222 A Other 0 VA 0.00% 0 VA Total Conn.:250 A Motor 33373 VA 109.74% 36625 VA Total Est. Demand:79824 VA Heating 18408 VA 100.00% 18408 VA Total Conn. Load:89913 VA Cooling 1200 VA 100.00% 1200 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:205 A 266 A 294 A Total Load:24646 VA 30913 VA 34355 VA 59 Spare 20 A 1 0 0 1 20 A Spare 60 57 Spare 20 A 1 0 0 1 20 A Spare 58 55 Spare 20 A 1 0 0 1 20 A Spare 56 53 Spare 20 A 1 0 0 1 20 A Spare 54 51 Spare 20 A 1 0 0 1 20 A Spare 52 49 Spare 20 A 1 0 0 1 20 A Spare 50 47 EF-9, EF-10, F.D. STORAGE 156A 20 A 1 703 4500 -- -- --48 45 Receptacle, FD WORK 156 20 A 1 540 4500 2 60 A GEAR DRYER, F.D. STORAGE 156A 46 43 Receptacle 20 A 1 540 540 1 20 A Receptacle FD WORK 156 44 41 Receptacle, BICYCLE STORAGE 140B 20 A 1 540 540 1 20 A Receptacle, KENNEL 140D 42 39 Receptacle, BICYCLE STORAGE 140B 20 A 1 180 180 1 20 A Receptacle, BICYCLE STORAGE 140B 40 37 Receptacle, EVIDENCE 146 20 A 1 180 180 1 20 A Receptacle, BICYCLE STORAGE 140B 38 35 ---- -- 888 900 1 20 A Receptacle, BICYCLE STORAGE 140B 36 33 ---- -- 888 720 1 20 A Receptacle, BICYCLE STORAGE 140B 34 31 OH DOOR, BICYCLE STORAGE 140B 20 A 3 888 480 1 20 A UH-1, BICYCLE STORAGE 140B 32 29 Receptacle 20 A 1 180 720 1 20 A Receptacle, OFFICE 142F 30 27 Receptacle, DIGITAL FORENSICS 142E 20 A 1 360 360 1 20 A Receptacle Room 142E 28 25 Receptacle, DRY 142C 20 A 1 360 720 1 20 A Receptacle, STORAGE 142D 26 23 CUH-1, VEST V-142 20 A 1 564 360 1 20 A Receptacle, DRY 142B 24 21 Receptacle, OFFICER BAG/TAG 142A 20 A 1 180 540 1 20 A Receptacle, OFFICER BAG/TAG 142A 22 19 EVIDENCE LOCKER, EVIDENCE... 20 A 1 1200 540 1 20 A Receptacle, OFFICER BAG/TAG 142A 20 17 Receptacle 20 A 1 180 540 1 20 A Receptacle, EVIDENCE PROCESSING... 18 15 ---- -- 444 360 1 20 A Receptacle, EVIDENCE PROCESSING... 16 13 ---- -- 444 360 1 20 A Receptacle, EVIDENCE PROCESSING... 14 11 OH DOOR, VEHICLE EXAM BAY 144 20 A 3 444 540 1 20 A Receptacle, EVIDENCE PROCESSING... 12 9 Receptacle 20 A 1 180 180 1 20 A Receptacle 10 7 Receptacle Room 144 20 A 1 540 360 1 20 A Receptacle, VEHICLE EXAM BAY 144 8 5 Receptacle Room 146B, 146C, 146 20 A 1 720 540 1 20 A Receptacle, EVIDENCE 146 6 3 Receptacle, BUILDING STORAGE... 20 A 1 540 564 1 20 A CUH-1, VEST 146A 4 1 Receptacle, BUILDING STORAGE... 20 A 1 540 540 1 20 A Receptacle, BUILDING STORAGE... 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating 400 A Mounting:Surface Wires:4 Mains Rating:300 A Supply From:T2 Phases:3 Mains Type:MCB Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000 Panel:1BLOS1 Notes: Lighting 66 VA 125.00% 83 VA Total Est. Demand:155 A Power 180 VA 100.00% 180 VA Total Conn.:162 A Receptacle 20518 VA 74.37% 15259 VA Total Est. Demand:55963 VA Motor 28548 VA 110.15% 31446 VA Total Conn. Load:58309 VA Heating 9000 VA 100.00% 9000 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:136 A 174 A 185 A Total Load:16360 VA 20325 VA 21624 VA 59 Spare 20 A 1 0 0 1 20 A Spare 60 57 ---- -- 520 0 1 20 A Spare 58 55 WASHER, CLEANING 154C 15 A 2 520 0 1 20 A Spare 56 53 Spare 20 A 1 0 0 1 20 A Spare 54 51 Spare 20 A 1 0 0 1 20 A Spare 52 49 Receptacle, MONITOR 130 20 A 1 360 720 1 20 A Receptacle 50 47 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Receptacle, FITNESS 150 48 45 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Floor Box FITNESS 150 46 43 Floor Box FITNESS 150 20 A 1 360 360 1 20 A Floor Box FITNESS 150 44 41 ---- -- 3864 360 1 20 A Floor Box FITNESS 150 42 39 ---- -- 3864 540 1 20 A Receptacle, FITNESS 150 40 37 SCBA FILL STATION, SCBA MAINT.... 50 A 3 3864 360 1 20 A Receptacle, FITNESS 150 38 35 ---- -- 1000 1789 -- -- --36 33 House Compressor, CASCADE 152A 20 A 2 1000 1789 2 30 A SCBA AIR COMPRESSOR, CASCADE... 34 31 Receptacle Room S-151 20 A 1 540 540 1 20 A Receptacle Room 152A, 152 32 29 Receptacle, BUNK 125 20 A 1 360 540 1 20 A Receptacle, BUNK 125 30 27 Receptacle, CLO. ST-111 20 A 1 360 540 1 20 A Receptacle, CLO. ST-111 28 25 Receptacle, INTERVIEW 133 20 A 1 720 540 1 20 A Receptacle, CLO. ST-111 26 23 Receptacle, INTERVIEW 134 20 A 1 540 603 1 20 A Receptacle ELEVATOR 4-1 EL-260-1 24 21 Receptacle Room C-130, 140B 20 A 1 720 900 1 20 A Receptacle, LARGE INTERVIEW 136 22 19 Receptacle, TURNOUT GEAR 154 20 A 1 900 540 1 20 A Receptacle, INTERVIEW 132 20 17 Receptacle, MONITOR 130 20 A 1 720 1921 1 30 A ELEV 4 SUMP PUMP, STORAGE ST-131 18 15 Receptacle, SHOWER 154D 20 A 1 180 360 1 20 A WC-3, RR RR-130 16 13 FD DRYER, CLEANING 154C 20 A 1 360 540 1 20 A Receptacle, MONITOR 130 14 11 EF-8, CLEANING 154C 20 A 1 583 4500 -- -- --12 9 Spare 20 A 1 0 4500 2 60 A GEAR DRYER, CLEANING 154C 10 7 ---- -- 3500 624 -- -- --8 5 ---- -- 3500 624 2 15 A TUMBLE DRYER, CLEANING 154C 6 3 SCBA DECON WASHER, CLEANING... 40 A 3 3500 832 -- -- --4 1 Receptacle, DECON 154B 20 A 1 180 832 2 20 A TURNOUT GEAR EXTRACTOR,... 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Mounting:Surface Wires:4 Buss Rating:400 A Supply From:1BLOS1 Phases:3 Mains Type:MLO Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000 Panel:1BLOS2 PROVIDE AFCI BREAKER TO SERVE THE FOLLOWING LOADS: 7 PROVIDE 5mA GFCI BREAKER TO SERVE THE FOLLOWING LOADS: 1 Notes: Power 13492 VA 100.00% 13492 VA Receptacle 9540 VA 100.00% 9540 VA Total Est. Demand:101 A Other 0 VA 0.00% 0 VA Total Conn.:100 A Motor 846 VA 120.50% 1020 VA Total Est. Demand:36270 VA Heating 2995 VA 100.00% 2995 VA Total Conn. Load:36106 VA Cooling 9276 VA 100.00% 9276 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:125 A 91 A 87 A Total Load:14894 VA 10826 VA 10386 VA 71 Spare 20 A 1 0 0 1 20 A Spare 72 69 Spare 20 A 1 0 0 1 20 A Spare 70 67 Spare 20 A 1 0 0 1 20 A Spare 68 65 Spare 20 A 1 0 0 1 20 A Spare 66 63 Spare 20 A 1 0 0 1 20 A Spare 64 61 Spare 20 A 1 0 0 1 20 A Spare 62 59 Spare 20 A 1 0 0 1 20 A Spare 60 57 Spare 20 A 1 0 0 1 20 A Spare 58 55 Spare 20 A 1 0 0 1 20 A Spare 56 53 Spare 20 A 1 0 0 1 20 A Spare 54 51 Spare 20 A 1 0 0 1 20 A Spare 52 49 Receptacle, CLO. ST-111 20 A 1 540 0 1 20 A Spare 50 47 ---- -- 312 540 1 20 A Receptacle, CLO. ST-111 48 45 COILING DOOR, EVIDENCE... 20 A 2 312 540 1 20 A Receptacle, CLO. ST-111 46 43 ---- -- 1664 1664 -- -- --44 41 PIVOT GATE 20 A 2 1664 1664 2 20 A PIVOT GATE 42 39 ---- -- 1664 1664 -- -- --40 37 PIVOT GATE 20 A 2 1664 1664 2 20 A PIVOT GATE 38 35 UH-2, VEHICLE EXAM BAY 144 20 A 1 240 1498 -- -- --36 33 Receptacle, IT 129 20 A 1 360 1498 2 20 A Heating 34 31 Receptacle, IT 129 20 A 1 360 360 1 20 A Receptacle, IT 129 32 29 Receptacle, IT 129 20 A 1 180 180 1 20 A Receptacle, IT 129 30 27 Receptacle, IT 129 20 A 1 180 180 1 20 A Receptacle, IT 129 28 25 Receptacle, IT 129 20 A 1 180 180 1 20 A Receptacle, IT 129 26 23 Receptacle, IT 148A 20 A 1 360 360 1 20 A Receptacle, IT 129 24 21 Receptacle, IT 148A 20 A 1 180 180 1 20 A Receptacle, IT 148A 22 19 Receptacle, IT 148A 20 A 1 360 180 1 20 A Receptacle, IT 148A 20 17 Receptacle, IT 148A 20 A 1 360 180 1 20 A Receptacle, IT 148A 18 15 FACP, IT 129 20 A 1 180 2839 -- -- --16 13 ---- -- 1799 2839 2 40 A FC-2, IT 129 14 11 FC-3, IT 148A 30 A 2 1799 540 1 20 A Receptacle, ELEC. ROOM 148B 12 9 NAC PANEL, IT 148A 20 A 1 180 540 1 20 A Receptacle, WATER M-124 10 7 Receptacle, ARMORY 124 20 A 1 540 360 1 20 A Receptacle, Room 269, RR-126 8 5 Receptacle, SHOWER RR-128 20 A 1 360 180 1 20 A Receptacle, FITNESS 150 6 3 Receptacle, FITNESS 150 20 A 1 180 180 1 20 A Receptacle, FITNESS 150 4 1 Receptacle, FITNESS 150 20 A 1 180 360 1 20 A Receptacle, FITNESS 150 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating 200 A Mounting:Surface Wires:4 Mains Rating:200 A Supply From:T13 Phases:3 Mains Type:MCB Location:ELEC. ROOM 148B Volts:120/208 Wye A.I.C. Rating:14,000 Panel:1BLOS3 Notes: Lighting 7784 VA 125.00% 9730 VA Power 2640 VA 100.00% 2640 VA Receptacle 47764 VA 60.47% 28882 VA Total Est. Demand:155 A Other 0 VA 0.00% 0 VA Total Conn.:166 A Motor 66426 VA 111.57% 74112 VA Total Est. Demand:128679 VA Heating 10808 VA 100.00% 10808 VA Total Conn. Load:137690 VA Cooling 4222 VA 100.00% 4222 VA Load Classification Connected Load Demand Factor Estimated Demand Panel Totals Legend: Total Amps:160 A 174 A 165 A Total Load:44302 VA 47993 VA 45419 VA 19 Provision -- -- 0 0 -- -- Provision 20 17 Provision -- --0 0 -- -- Provision 18 15 Provision -- -- 0 0 1 20 A Spare 16 13 Provision -- -- 0 0 1 20 A Spare 14 11 ---- -- 11385 1972 1 20 A Lighting, Room 160A, 160B, 160C,... 12 9 ---- -- 11992 3090 1 20 A Lighting, Room 154A, 233 10 7 T12 100 A 3 12586 2781 1 20 A Lighting, Room 182, 183, 183A, 184,... 8 5 ---- -- 23977 8587 -- -- --6 3 ---- -- 24881 8587 -- -- --4 1 T3 150 A 3 20855 8587 3 40 A AHU-1 FANS, CORRIDOR C-170 2 CKT Circuit Description Trip Poles A B C Poles Trip Circuit Description CKT Notes: Enclosure:Type 1 Buss Rating:250 A Mounting:Surface Wires:4 Mains Rating:250 A Supply From:1BHOSDP Phases:3 Mains Type:MCB Location:WATER/ELECT. 169 Volts:480/277 Wye A.I.C. Rating:42,000 Panel:1DHOS1 17 397 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR022 Date:6/4/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for PR022 which involves changes in room 154C. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" BUSHING GRDG INSUL 150 DEG - STEEL -2 868.59 C -17.37 3.50C -0.07 3/4" FLEX - STEEL -3 125.19 C -3.76 4.88C -0.15 3/4" CONN FLEX DC SQUEEZE STRAIGHT -2 191.18 C -3.82 12.50C -0.25 #12 THHN SOLID BLACK 444 221.93 M 98.54 6.75M 3.00 #10 THHN SOLID BLACK -444 347.21 M -154.16 7.75M -3.44 # 8 THHN BLACK 474 612.41 M 290.28 8.75M 4.15 # 6 THHN BLACK -474 942.26 M -446.63 11.13M -5.28 WIRE CONN RED 2 18.16 C 0.36 5.50C 0.11 WIRE CONN RED (#16 TO #10)-3 0.00C -0.00 5.75C -0.17 4x 2 1/8" SQ BOX COMB KO 2 181.37 C 3.63 28.75C 0.57 4" SQ 1G PLSTR RING 5/8" RISE 2 6.27C 0.13 3.13C 0.06 4" SQ BLANK COVER 1 36.77 C 0.37 3.13C 0.03 GROUND SCREW W/ INSUL #12 LEAD 2 0.50E 1.00 3.75C 0.07 P&S 1G DPLX REC PLATE - NYLON IVY -1 22.69 C -0.23 3.38C -0.03 P&S 30A & 50A 2G POWER OUTLET PLATE - 302 S/S 2 2.08E 4.16 4.75C 0.10 P&S 20A 125V DUP REC- IVY (SG)-1 2.58E -2.58 25.00C -0.25 P&S 30A 120/240V 4W 3PH - BLK (SG) DRYER 2 7.30E 14.60 43.75C 0.88 30A 2P BREAKER BOLT-ON 1 134.00 E 134.00 0.31E 0.31 30A 600V DSN SW FUSIBLE - NEMA 1 -1 68.73 E -68.73 1.38E -1.38 #10/2C + GRD MOTOR TERM -1 0.00E -0.00 0.76E -0.76 #12/3C EQUIPMENT TERM -1 0.00E -0.00 0.61E -0.61 208V CORD & PLUG 2 33.54 E 67.08 0.35E 0.70 ORIGINAL 398 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #PR022 Date:6/4/2021 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Description Qty Net Price U Total Mat.LaborU Total Hrs. Totals 1 -83.14 -2.41 Summary General Materials -83.14 Material Total -83.14 JOURNEYMAN (-2.41 Hrs @ $61.00) -147.01 FOREMAN @ 25%(-0.60 Hrs @ $61.00) -36.60 Subtotal -266.75 Final Amount $-266.75 ORIGINAL 399 Change Estimate Report Project: Bozeman Public Safety Center CE No:85 Project # 19426 Revision # Change Source: ASI 50 Date:7/19/2021 Description:Replace Door RF-100 with HM Framed Opening in lieu of Access Door Category Quantity Unit Unit Cost Total -$ 08A.0810 1 sum 237.00$ 237.00$ -$ -$ -$ -$ -$ -$ -$ -$ 10A.1010 (1) each 119.00$ (119.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 118.00$ GC/CM Business Insurance 0.625% 0.74$ CM Fee 3.2% 3.80$ Bond 1.0% 1.23$ 123.76$ DEDUCT Exchange access door with hollow metal frame opening. Install cost for both doors is nearly equivalent. Description ADD Hollow Metal Frame HF-10 ACD-3 Door TOTAL 400 401 402 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution 5336 Authorizing Change Order 4 to the North 7th Avenue Streetscape Project MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5336 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Change Order 4 includes a partial reconstruction of Short St. and N. 6th Ave. to provide for adequate stormwater drainage and ADA improvements adjacent to The ELM event center. The streetscape improvements for The ELM project were added to the N. 7th Streetscape Project pursuant to an earlier change order. This change order constitutes an expansion of those public infrastructure improvements. UNRESOLVED ISSUES:n/a ALTERNATIVES:At the discretion of the City Commission. FISCAL EFFECTS:This change order increases the contract amount by $134,102.25 from $3,812,827.54 to $3,946,929.79. Funding for the change order is available in funds approved in the Midtown Urban Renewal District Fiscal Year 2021 Work Plan and Budget. Attachments: Resolution 5336 N 7th Streetscape Change Order 4.docx N 7th - CO4 Elm ROW Improvements_Executed by MM and TSI.pdf Report compiled on: September 3, 2021 403 Version April 2020 RESOLUTION 5336 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION / MODIFICATION OF CONTRACT WITH TREASURE STATE, INC. BELGRADE, MONTANA. WHEREAS,the City Commission did, on the 23rd day of March 2020, authorize award of the bid for the North 7th Avenue Streetscape Project, to Treasure State, Inc. Belgrade, Montana; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Treasure State, Inc., as contained in the Change Order 4, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 404 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 405 No. 4 Date of Issuance: 08/13/21 CHANGE IN CONTRACT PRICE: Original Contract Price: $3,495,000.00 $317,827.54 Contract Price prior to this change order: $3,812,827.54 [Increase/Decrease] of this Change Order: #4 $134,102.25 Contract Price incorporating this Change Order: $3,946,929.79 Date: Date: 08/13/21Accepted by Contractor (Signature): Contract Times with all approved Change Orders: Substantial completion (days or date): 05/16/21 Ready for final payment (days or date): Accepted by Engineer (Signature): [Increase/Decrease] of this Change Order: #4 Substantial completion (days or date): 30 Ready for Final payment (days or date): 30 Ready for final payment (days or date): 05/01/21 Attachments (list documents supporting change): Proposal attached. CHANGE IN CONTRACT TIMES: Original Contract Times: [Working days/Calendar Days] Substantial completion (days or date): 210 Ready for final payment (days or date): 225 [Increase/Decrease] from previously approved Change Orders: 1-3 [Increase/Decrease] from previously approved Change Orders : 1-3 Substantial completion (days): 56 Ready for final payment (days): 56 Contract Times prior to this Change Order: Substantial completion (days or date): 04/16/21 Description: The Elm Right-of-Way Improvements Change Order Effective Date: 07/30/21 Project: North 7th Streetscape Improvements 2020 Date of Contract: 5/11/20 Engineer : Morrison-Maierle, Inc.Engineer's Contract No.: 417.063 Contractor: Treasure State Inc.Contractor's Project No.: 20-009 The Contract Documents are modified as follows upon execution of this Change Order: 05/31/21 08/20/2021 406 Item Unit Scheduled No.Description Unit Qty Price Value X20 LS 1.00 134,102.25$ 134,102.25$ 134,102.25$ TOTALS 134,102.25$ Schedule 4 Subtotal Change Order 4 Detail The Elm Right-of-Way Improvements 407 Belgrade/Bozeman, MT Office: (406) 924-4525 Fax: (406) 924-8452 www.treasurestateinc.com PO Box 588 Belgrade, MT 59714 Date: 7/30/2021 Project: The Elm Right-of-Way Improvements Dear Kevin, Thank you for the opportunity to provide you with the following proposal for this project! Treasure State, Inc. proposes to furnish labor, equipment, and material to complete the following general scope of work for the project: Demolition, excavation, gravel prep, site concrete, and asphalt paving Bidding Documents dated 4/10/2019 and updated C1.0 dated 7-28-21 were used in the development of this proposal. We acknowledge 0 Addenda. Please refer to the attached scope exhibit(s) for additional clarification. Red text show changes from last submission. Scope of Work: 1. Mobilization of men and equipment. 2. Piggy backing of P&P bonding within N 7th Streetscape’s contract. 3. Traffic control 4. Demolition and haul off of 24” integral concrete curb, existing flatwork within work area, and 3” thick x 3’ wide asphalt along curb line. 6” depth of asphalt was discovered within the City streets. Therefore, 6” depth of asphalt removal included for City Streets within the work area. Includes saw cutting. 5. Excavation to subgrade in new hardscape areas from curb and gutter outward to ROW. Includes excavation to subgrade between curbs of 5” on Short and 4” on 6th Ave. Short cross section modified from crown to dish from South to North. 6. Supply and install of 3” depth aggregate base under new hardscape areas from curb and gutter outward to ROW. 7. Supply and install of 1” depth aggregate base under asphalt areas. 8. 24” wide integral concrete curb and gutter. 9. Curb paint per plan. 10. 2 ea Thermoplastic crosswalks and 4 ea stop bars 11. 4” thick ROW sidewalk. 12. 6” thick city approaches with Fibermesh. Expanded extents to include the 6th approach between The Elm and RSVP. 13. 6” thick Handicap Ramps w/ Fibermesh. 14. 5 ea 5’ x 2’ and 1 ea 4’ x 2’ cast iron truncated domes 15. 3” thick Asphalt compacted, in place for 6th Ave. 4” thick Asphalt compacted, in place for Short Street. Limits of Short street asphalt expanded to include entire street between concrete edges due to grade modification. 16. 4 ea trees w/ tree grates and tree guards. Includes sleeves for irrigation provided by onsite source. 17. Insulation of water main, hydrant lead pipe, and domestic water service line is included. Includes excavation to top of bedding and re-compaction of excavated materials to a depth of 21” below finished grade. Haul-off of excess materials included. Import of 18” of 1.5” roadmix for the 5’ trench width included. 18. 7” thick x 6’ wide valley gutter w/ #4 rebar 24” on center each way w/ 7” thick unreinforced concrete fillets. 19. Removal and replacement of the existing storm drain inlet and grate only. Structure and pipe manipulation excluded. 20. 1 ea water valve and 1 ea manhole adjustments. Includes the ability to manipulate height with rings. Does not include barrel replacements. Add $ 500 ea for any additional not shown on the plan. 21. Excavation to Subgrade & 1” minus road mix within the City Streets between lips of curb is included. It is anticipated that the existing gravel section is suitable enough to pave upon. 22. Added the removal and replacement of the hydrant riser with a shorter one. Existing hydrant riser salvaged to City. Includes pressure testing and bac-T testing. Does not include any work from the shoe out to the main. 23. 1 ea sign reset on new base and post for SW corner of Short and 6th. Base Bid: $ 218,617.25 Subtract original scope amount $ 74,498.23 (deduct) Subtotal $ 144,119.02 TSI deduct $ 10,016.77 (deduct) Base Bid: $ 134,102.25 408 Belgrade/Bozeman, MT Office: (406) 924-4525 Fax: (406) 924-8452 www.treasurestateinc.com PO Box 588 Belgrade, MT 59714 Optional Scope of Work: 1. Add $ 25/cy for excavation and offsite disposal of excess materials. This would include materials displaced by the need to import any road mix within the City Streets. 2. Add $ 50/cy for the supply and installation of 1.5” road mix. Thank you so much for this opportunity to work with you on this project. Please review the proposal addendum. If this proposal is acceptable, please sign below and return to our office. Feel free to contact me with questions. Cheers, Ty Giffin General Manager ty@treasurestateinc.com 409 410 Belgrade/Bozeman, MT Office: (406) 924-4525 Fax: (406) 924-8452 www.treasurestateinc.com PO Box 588 Belgrade, MT 59714 PROPOSAL ADDENDUM (includes specific exclusions and/or clarifications unless otherwise noted above): EXCLUSIONS: 1. Wet & winter conditions. Time and Material rates are available upon request. 2. Demolition and removal of underground obstructions 3. Finished grading, topsoil, seeding, landscaping. 4. Subgrade preparation and proof rolling. 5. Sleeves/conduits. 6. Removal, protection, repair or replacement of irrigation systems. 7. All Surveying shall be done by others and shall include all curb staking, changes in horizontal direction, radius points, transition grade breaks, structure corners, and joint layout. Our mm GPS technology may lead to significant survey savings for the Owner, please inquire. 8. Concrete pumping. 9. QA/QC testing 10. Textured, decorative jointed, integrally colored concrete, concrete staining, special coatings, stamps, stains, sealers, hardeners, etc. 11. Any labor or material for expansion joint seals, fillers, and void caps. Caulking of concrete construction and contraction joints. 12. Electrical, mechanical, house-keeping, or utility transformer pads. Landscape walls, benches, curbing, concrete site furnishings, etc. 13. All work and materials associated with light pole bases, fence or gate posts, flagpole bases, signage foundations, utility collars, or other miscellaneous concrete work. 14. All architectural concrete, form liners, and architectural finishes 15. Sub-surface and surface dewatering from foundations, excavations, and other work areas. 16. Hardware, steel and templates along with their layout (i.e. embeds, angles, plates, sleeves, bolts, chases, bollards, etc.). Doweling also excluded unless otherwise noted. 17. Any item not specifically included in “Scope of Work” above is excluded. CLARIFICATIONS: 18. All water and sewer service stubs requiring a curb stamp shall be clearly located and marked by others prior to curb installation. CONDITIONS OF SALE: 19. Price is valid for the current construction season. 20. Estimate is contingent upon a mutually agreeable contract, schedule, and payment terms. This proposal will be incorporated and become a part of any contract/agreement. 21. Final billing for unitary proposals will be for actual quantities installed as measured in the field. 22. Payment to be made either upon receipt of an invoice or in accordance with Title 28, Chapter 2, Part 21 of the M.C.A. (Prompt Payment Act). 23. Treasure State, Inc. requires a 2-week notice prior to commencing work. 4 to 8 weeks is needed during the busy season. 24. Treasure State, Inc. will not accept responsibility for: a. Items within our concrete scope of work that are worked on or around before the end of the 7th day after the completion of the concrete pour. Work allowed to occur on or around the concrete within the 7-day cure window is likely to be damaged because it hasn’t been allowed to reach sufficient strength b. Protection of concrete, other surfaces or structures after completion of our work. c. Fill-in concrete or asphalt areas left out for the convenience of other trades. d. Repair of damage due to deflection, settlement, shrinkage due to circumstances beyond our control. e. Form anchorage impressions and minor imperfections are inherent to all concrete and will be present in the finished product. f. Color variations in concrete due to temperature, humidity, covering of surfaces, heating, cooling, specified curing compound, cleaning agents, or other factors. g. Removal and replacement of scope of work item(s) installed against our recommendation. 25. If Treasure State's work is interrupted for more than 3 consecutive days due to conditions not under their control, a mobilization charge may be assessed. Customer Signature:____________________________________________________ Date:____________________ 411 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2086, Provisional Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional adoption of Ordinance 2086 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:Annexation and zoning of this land was preliminarily approved by the City Commission on August 3, 2021. The applicant has met all terms of annexation and contingencies of zoning approval. This is the first step to finalize the zoning adoption. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission FISCAL EFFECTS:No currently budgeted funds will be affected by this action. Attachments: Ordinance 2086 University Crossing Apts ZMAs 21152.pdf 210228 - INTIAL ZONE MAP - 2021.08.26.pdf Report compiled on: August 26, 2021 412 Ord 2086 Page 1 of 5 ORDINANCE 2086 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 10,247 SQUARE FEET AS B-2, COMMUNITY BUSINESS DISTRICT, UNIVERSITY CROSSING APARTMENTS 2021 ZONE MAP AMENDMENT, APPLICATION 21152. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 26, 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. 21152 the University Crossing Apartments 2021 Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 3, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and 413 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 2 of 5 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 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, 414 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 3 of 5 Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21152 the University Crossing Apartment 2021 Zone Map Amendment have been satisfied. Section 2 That part of Lot 2A, Minor Subdivision No. 191-B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the Southwest Corner of Lot 1A, Minor Subdivision No. 503A; thence westerly 271°22'33", assumed azimuth from north, 20.00 feet on the westerly extension of the south line of said Lot 1A; thence northerly 000°37'20" azimuth 97.58 feet; thence northeasterly 036°21'41" azimuth 43.18 feet; thence northeasterly 041°08'11" azimuth 38.65 feet; thence easterly 079°11'35" azimuth 13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet; thence northerly 011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19 feet; thence northerly 007°19'59" azimuth 85.74 feet to the centerline of Kagy Boulevard; thence easterly 091°23'42" azimuth 20.11 feet along said centerline; thence on the following courses along the west line of said Minor Subdivision No. 503A: southerly 187°19'59" azimuth 222.03 feet; southwesterly 208°55'08" azimuth 77.03 feet; southwesterly 226°16'01" azimuth 79.96 feet; southerly 180°37'20" azimuth 89.39 to the point of beginning. Area = 10,247 square feet Subject to existing easements. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of 415 Ordinance No. 2086, University Crossing Apartments Zone Map Amendment Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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 7 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 14th day of September, 2021. 416 Ordinance No. 2086, University Crossing Apartments 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 _____ 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 417 418 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Ordinance 2087, Provisional Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional adoption of Ordinance 2087 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 preliminarily approved this change in zoning on August 3, 2021. The applicant has complied with the required contingencies of approval. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:No currently budgeted funds will be affected by this approval. Attachments: Ordinance 2087 - Stockyard ZMA 21102.pdf Stockyard ZMA Final 08-24-2021.pdf Report compiled on: August 26, 2021 419 Ord 2087 Page 1 of 7 ORDINANCE 2087 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE FROM R-4 RESIDENTIAL HIGH DENSITY AND B-1 NEIGHBORHOOD BUSINESS DISTRICT TO REMU RESIDENTIAL EMPHASIS MIXED USE AND B-2M COMMUNITY BUSINESS DISTRICT – MIXED ON 15.28 ACRES FOR THE STOCKYARD PROPERTIES ZONE MAP AMENDMENT, APPLICATION 21102 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 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. 21102 the Stockyard Properties Zone Map Amendment, be approved as requested by the applicant; and 420 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 2 of 7 WHEREAS, after proper notice, the City Commission held its public hearing on August 3, 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 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M and REMU districts. 421 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 3 of 7 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21102 the Stockyard Properties Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as REMU, Residential Emphasis Mixed Use District: The property is described as: A tract of land encompassing portions of Tract 1 of COS 1147A, all of Tract K and portions of Tract 23A of COS 2547, of which are located within the South East One Quarter of Section 31, Township 1 South, Range 6 East, and a portion of Tract 23A of 2547, located within the North East One Quarter of Section 6, Township 2 South, Range 6 East of which all are located within the Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 1), which is the NW corner of Tract 23A, COS 2547 of which is a 5/8"x18" Rebar with a 2 inch aluminum cap inscribed 4955S attached; · thence, N 81° 55' 53" E, a distance of 151.00 feet. · thence, S 89° 36' 34" E, a distance of 361.40 feet to the beginning of a non-tangential curve. · thence, 135.30 feet along a non-tangent curve to the left, with a radius of 1449.56 feet, a delta angle of 05° 20' 52", and a chord bearing of S 06° 44' 05" E, with a chord distance of 135.25 feet. · thence, N 89° 12' 15" W, a distance of 249.85 feet. · thence, S 00° 24' 54" W, a distance of 270.20 feet to the beginning of a non-tangential curve. · thence, 55.17 feet along a curve to the left, with a radius of 200.00 feet, a delta angle of 15° 48' 21", and a chord bearing of S 79° 42' 28" W, with a chord distance of 55.00 feet. 422 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 4 of 7 · thence, S 71° 48' 19" W, a distance of 156.11 feet. · thence, N 09° 20' 43" W, a distance of 446.82 feet to the P.O.B. Said area being 135,465 square feet or 3.11 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 3 That the zoning district designation of the following-described property is hereby established as B-2M, Community Business District - Mixed: The property is described as: A tract of land encompassing a portion of Tract 1 and all of Tract 2 of COS 1147A, located within the South East One Quarter of Section 31, Township 1 South, Range 6 East, and all of Tract 3 of COS 1147A and a portion of the remainder Tract 4 of COS 1147B, of which are located within the North East One Quarter of Section 6, Township 2 South, Range 6 East, of which all are located within the Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 2), which is the NE corner of Tract 5A, COS 1147B of which is a 5/8"x18" Rebar with a 2 inch aluminum cap inscribed 16192LS attached; · thence, N 71° 48' 19" E, a distance of 195.51 feet to the beginning of a curve. · thence, 55.17 feet along a non-tangent curve to the right, with a radius of 200.00 feet, a delta angle of 15° 48' 21", and a chord bearing of N 79° 42' 28" E, with a chord distance of 55.00 feet. · thence, N 00° 24' 54" E, a distance of 169.56 feet. · thence, S 89° 24' 17" E, a distance of 359.85 feet. · thence, S 00° 17' 25" W, a distance of 123.25 feet to the beginning of a non-tangential curve. · thence, 9.62 feet along a non-tangent curve to the left, with a radius of 1399.56 feet, a delta angle of 00° 23' 38", and a chord bearing of S 19° 26' 04" E, with a chord distance of 9.62 feet. · thence, S 19° 18' 39" E, a distance of 501.88 feet to the beginning of a non-tangential curve. · thence, 245.54 feet along a non-tangent curve to the right, with a radius of 433.40 feet, a delta angle of 32° 27' 38", and a chord bearing of S 16° 44' 13" W, with a chord distance of 242.27 feet to the beginning of a non-tangential curve. 423 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 5 of 7 · thence, 196.86 feet along a non-tangent curve to the right, with a radius of 1532.21 feet, a delta angle of 07° 21' 40", and a chord bearing of S 36° 29' 20" W, with a chord distance of 196.72 feet to the beginning of a non-tangential curve. · thence, 99.63 feet along a non-tangent curve to the right, with a radius of 5705.00 feet, a delta angle of 01° 00' 02", and a chord bearing of S 40° 26' 40" W, with a chord distance of 99.63 feet. · thence, S 40° 59' 04" W, a distance of 39.26 feet. · thence, N 45° 43' 58" W, a distance of 108.85 feet. · thence, N 23° 18' 34" W, a distance of 120.66 feet. · thence, N 06° 10' 56" E, a distance of 136.06 feet. · thence, N 57° 05' 16" W, a distance of 150.08 feet. · thence, S 84° 09' 52" W, a distance of 116.63 feet. · thence, N 52° 18' 23" W, a distance of 175.99 feet. · thence, N 00° 00' 00" E, a distance of 365.54 feet to the P.O.B. Said area being 530,096 square feet or 12.17 acres more or less, along with and subject to all easements of record or apparent on the ground. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 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 6 Severability. 424 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 6 of 7 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 7 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 8 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 14th day of September, 2021. ____________________________________ 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 28th of September, 2021. 425 Ordinance No. 2087, Stockyard Properties Zone Map Amendment Page 7 of 7 _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 426 427 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:Resolution 5272 Establishing Rates for Stormwater Service for FY22 and FY23 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5272 Establishing rates for stormwater service for FY22 and FY23 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:In the City Manager Recommended Budget and during budget presentations, stormwater rates were discussed and the adopted budget included the 9% increase for the next two fiscal years. With construction inflation and increasing program costs these increases are needed. The stormwater master plan is under way and once completed a rate study will be completed for FY24 rates and budget. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS: All of the Stormwater services charges would be increased by 9% effective on the November 15, 2021 bills and and in FY23 increased by 9% for September 15, 2022 bills. The estimated increase in revenue for FY22 is $167,565. The average residential customer will see a $6.97 increase to their monthly bill. Attachments: Stormwater Rates.docx Resolution 5272 - Stormwater Rates FY22.docx Report compiled on: September 3, 2021 428 Stormwater FY22 and FY23 Rates Background The City’s Stormwater fund started in 2013 and had its current rate structure set in April 2015. Rates are based on impervious area and existing infrastructure. After the restructure in 2015, the rate did not change until FY20, at which time there was a 4% increase followed by a 5% increase in FY21. Rate Recommendation We are recommending 9% increase for both FY22 and FY23 due to construction and program costs. Following the completion of the utility’s master plan, a rate study will be performed during FY23 to have a financial model. Budget Information: The operating costs saw a 45% increase for the second year in a row and a 25% increase in capital. These increases have again made the street sweeper most likely unaffordable and would be what we would remove to lower the increase in rates. We are able to build our reserve policy,as well,but with the projections,we will struggle without a larger increase or reduction in services. 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 0%0%0%0% 4% 5% 9%9% Rate Increases in % (500,000) - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 Budget FY21 Recommended FY22 Projected FY23 Projected FY24 Projected FY25 Projected FY26 Storm Water Fund Projections Total Estimated Revenues:Total Proposed Expenditures:Ending Fund Balance - Projected 429 COMMISSION RESOLUTION NO. 5272 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR STORMWATER SERVICE FOR THE CITY OF BOZEMAN. WHEREAS, the City Commission of the City of Bozeman, following notice and public hearing established a new Rate Schedule for the Stormwater Fund. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the new rates for stormwater services shall be as follows: Section 1 – Flat Rate Charge All properties located within the city limits with a city water meter installed shall be billed a flat rate charge per month for each water meter service. Properties within the city limits that do not have water meters may be assigned the flat rate charge, if it is determined that their property contains impervious area. Based on a 30-day month, this charge shall become effective beginning with the bills due November 15, 2021 and September 15, 2022. Section 2 – Establishment of the Impervious Area Equivalent Residential Unit (ERU) An Equivalent Residential Unit (ERU) size of 2,700 square feet of impervious area is hereby adopted. A. Regardless of actual size, each single-family residential lot is assigned an ERU = 1.0. B. Each multi family, commercial, business, government or other property will be assigned a number of ERUs by dividing the amount of impervious area by 2,700 square feet. C. At no point will any property be assigned an ERU of less than 1.0. Flat Rate Customers Current rate Effective 11/15/2021 Effective 9/15/2022 All Properties $3.53 $3.85 $4.19 430 The records of impervious area will be made and kept by the City’s Stormwater Department. Section 3 – Variable Rate Charge All properties located within the city limits shall be billed a variable rate charge for each Equivalent Residential Unit, as determined under Section 2. Based on a 30-day month, this charge shall become effective beginning with the bills due in November 15, 2021 and September 15, 2022. Section 4 – Credit for Properties with Existing Stormwater Infrastructure Select properties located within the city limits shall receive a monthly credit (deduction) if determined to have or directly contribute to stormwater infrastructure meeting current engineering design standards. Based on a 30-day month, this charge shall become effective beginning with the bills due in November 15, 2021 and September 15, 2022. The records of stormwater infrastructure and determination of any associated credit will be made and kept by the City’s Stormwater Department. Section 5 - Low Income Charge Assistance Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-134 MCA, will receive a credit equal to their monthly stormwater flat rate charge listed above. Section 6 – Billing Procedures Explanatory note: Except as noted in Section 5, each customer shall pay a minimum monthly bill which includes the flat rate charge (Section 1) plus a variable rate charge (Section 3). For propertiesthat have or directly contributeto stormwater infrastructure meeting current engineering design standards, a Credit will be granted. Charges for stormwater services under this schedule shall be made a part of the current monthly water bill, to be shown by separate items on such bill. Separate payment of either the charge for the water, wastewater, or stormwater service will not be accepted without prior approval of the Finance Director. Per ERU Current rate Effective 11/15/2021 Effective 9/15/2022 All Properties Per ERU $2.93 $3.19 $3.48 Existing Infrastructure Credit Current rate Effective 11/15/2021 Effective 9/15/2022 Per ERU $1.32 $1.44 $1.57 431 Charges for stormwater service become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent; and if not paid in full by the fifteenth day of the following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written notice. A charge of fifty dollars ($50.00) shall be made for any account requiring written shut-off notice. An additional charge of one-hundred ($100.00) shall be made for reinstating a water service which has been discontinued for non- payment of water, wastewater and/or stormwater service charges. Section 7 – Late Fee For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 8 – Protests In cases where water service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other water customers, the person or persons against whom such charges are made may apply to the City Manager for an adjustment, stating thecircumstances. The City Manager, or his designated representative, may make such adjustment of the water charges as is deemed necessary, fair and equitable. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September, 2021; and effective with bills due November 15, 2021 and September 15, 2022. __________________________________ CYNDY ANDRUS Mayor ATTEST: _____________________________________ MIKE MASS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 432 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:Resolution 5273 Establishing Rates and Fees for Water Service for FY22 and FY23 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5273 Establishing rates and fees for Water service for FY22 and FY23 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:In the City Manager Recommended Budget and during budget presentations, Water rates were discussed and the adopted budget continued to follow the rate model for the next two fiscal years. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS: All of the Water service charges would be effective on the November 15, 2021 bills and and in FY23 for September 15, 2022 bills. The estimated increase in revenue for FY22 is $577,391. The average residential customer will see a $0 increase to their monthly bill. Attachments: Water Rates.docx Resolution - 5273 Water Rates FY22.docx 2021 Water Memo - Final .pdf 2021 Drought Rate Surcharge Memo - Final.pdf Report compiled on: September 3, 2021 433 Water FY22 and FY23 Rates Background City property owners are, by and large, required to use the City’s Water treatment systems. The City underwent a rate study in August 2019 that included water conservation rate examination and drought rate and reserve design.The rate models were updated this summer and still reflect the path originally adopted. The addition of ARPA money aids with further cost and savings and debt service savings. See the consultants updated model report. Rate Recommendation The next two years in the model calls for no changes to residential and for increases based on user class: Drought surcharges were also adjusted based on the real data from the most recent water use and our billing cycle. Fee Recommendation Based on costs and demand,potable water fees will increase for both FY22 and FY23. All other fees will remain same as adjusted in FY19. Budget Information: The Water Fund’s budget is slightly below what was anticipated in the model. Operating expenditures increased by 3% and the Capital project plan is slightly lower,so in total,the budget increased by 1%. Reserve balances are increasing and are building to goals set in the rate study. Going forward,into FY22 and on,we will have to review the model and most likely slow the growth factor to lower than 3%. 10,793,530 10,793,530 12,264,797 11,907,477 12,106,695 12,429,383 12,642,280 - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 2019 2020 Budget 2021 Recommended 2022 Projected 2023 Projected 2024 Projected 2025 Projected Water Fund Financial Trends Revenues Expenditures Fund Balance 434 Page 1 of 4 COMMISSION RESOLUTION NO. 5273 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES AND FEES FOR WATER SERVICE FOR THE CITY OF BOZEMAN. WHEREAS, the City Commission of the City of Bozeman, following notice and public hearing established a new Rate Schedule and fees for the City of Bozeman’s Water Fund. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the new rates for water services, based on a 30-day month, shall become effective beginning with the bills due November 15, 2021 and September 15, 2022 as follows, to wit: Section 1 – Metered Water Rates A. Service Charge Per Meter Size Current rate Effective 11/15/2021 Effective 9/15/2022 5/8 $16.17 $16.17 $16.17 1 $21.42 $21.42 $21.42 1 1/4 $28.50 $28.50 $28.50 1 1/2 $33.71 $33.71 $33.71 2 $49.02 $49.02 $49.02 3 $84.73 $84.73 $84.73 4 $135.88 $135.88 $135.88 6 $253.23 $253.23 $253.23 8 $400.39 $400.39 $400.39 B. Minimum Charge (up to 2.0 HCF)Current rate Effective 11/15/2021 Effective 9/15/2022 Single family $4.80 $4.80 $4.80 Multi family $4.29 $4.33 $4.37 Government $5.39 $6.46 $7.76 MSU $5.04 $5.24 $5.45 Commercial $4.22 $4.56 $4.92 435 Page 2 of 4 Explanatory note: Each customer shall pay a minimum monthly bill, which includes applicable amount according to meter size (A) plus the minimum water charge (B). For water consumed in excess of 200 cubic feet, a customer shall pay the additional commodity charge (C). Section 2 – Flat Rate Customers Section 3 – Low Income Rate Assistance Effective on the November 2021 billing Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-134 MCA, will receive a credit equal to their monthly water service charge listed above. Section 4 – Other Fees The fee schedule for additional services provided by the City of Bozeman: C. Class & Charge Per HCF Used Current rate Effective 11/15/2021 Effective 9/15/2022 Single family (Current 0-8 HCF) 0 - 6 HCF $2.40 $2.40 $2.40 (Current8-15 HCF) 6-25 HCF $3.24 $3.27 $3.31 (Current Over 15 HCF) 25 - 55 HCF $4.54 $4.59 $4.63 55 - 90 HCF $6.81 $6.88 $6.95 Multi family $2.14 $2.16 $2.19 Government $2.69 $3.23 $3.88 MSU $2.52 $2.62 $2.73 Commercial $2.11 $2.28 $2.46 Drought Reserve charge Per HCF Used Current rate Effective 11/15/2021 Effective 9/15/2022 Single family $0.08 $0.08 $0.08 Multi family $0.08 $0.08 $0.08 Government $0.08 $0.08 $0.08 MSU $0.08 $0.08 $0.08 Commercial $0.08 $0.08 $0.08 Flat Rate Customers Current rate Effective 11/15/2021 Effective 9/15/2022 Single Family $68.62/month $68.62/month $68.62/month City Park Irrigation $2,017/acre/year $2,017/acre/year $2,017/acre/year Fire Protection $0 Annually $0 Annually $0 Annually Bulk, non-potable $5.15/1,000 gallons $6.50/1,000 gallons $7.50/1,000 gallons Current Rate Effective 11/15/2021 Effective 9/15/2022 Non-emergency water shut off 50.00$ 75.00$ 75.00$ Non-emergency water reconnection 50.00$ 75.00$ 75.00$ Hangtag fee first in calendar year received 50.00$ 50.00$ 50.00$ Second hangtag received within the calendar year 100.00$ 100.00$ 100.00$ Water reconnection fee after delinquent shut off 100.00$ 100.00$ 100.00$ 436 Page 3 of 4 Section 5 – Billing Procedures Charges for water services under this schedule shall be made a part of the current monthly water bill, to be shown by separate item on such bill. Separate payment of either the charge for the water or the charge for the wastewater will not be accepted with prior approval of the Director of Finance. Both charges must be paid at the same time; partial payments will be applied to the wastewater charge first, with any remainder being applied to the water charge. Charges for water used and wastewater service charges become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent; and if not paid in full by the fifteenth day of the following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written notice. As detailed in Section 4, a charge shall be made for any account requiring written shut-off notice. An additional charge (Section 4) shall be made for reinstating a water service which has been discontinued for non-payment of water, wastewater and/or stormwater service charges. Section 6 – Late Fee For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 7 – Drought Surcharge Rates In the event of a declaration of a drought stage, the following surcharges will be imposed during the stage on the user rate: Section 8 – Protests In cases where water service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other water customers, the person or persons against whom such charges are made may apply to the City Manager for an adjustment, stating the circumstances. The City Manager, or his designated representative, may make such adjustment of the water charges as is deemed necessary, fair and equitable. Class & Charge Per HCF Used Stage 1 Stage 2 Stage 3 Stage 4 Single family (Current 0-8 HCF) 0 - 6 HCF 0.0%10.0%20.0%25.0% (Current8-15 HCF) 6-25 HCF 21.9%39.6%100.0%200.0% (Current Over 15 HCF) 25 - 55 HCF 21.9%39.4%100.0%200.0% 55 - 90 HCF 21.8%39.4%100.0%200.0% Multi family 15.6%23.8%23.8%25.0% Government 15.6%25.0%25.0%25.0% MSU 15.6%20.9%20.9%25.0% Commercial 15.6%25.0%25.0%25.0% Industrial 11.1%11.1%11.1%11.1% 437 Page 4 of 4 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14 th day of September 2021; and effective with bills due November 15, 2021 and September 15, 2022. ________________________________________ CYNTHIS L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney 438 P05097-2021-002 Page 1 of 18 Think Big. Go Beyond. www.ae2s.com W:\!Projects by Name\Bozeman MT\0597-2021-002 2021 Water and Wastewater Rate Update\Water Memo - Final.docx SUMMARY MEMORANDUM To: Kristin Donald, Finance Director City of Bozeman, MT From: Miranda Kleven, PE Re: Water Financial Plan Rate Update Date: September 3, 2021 INTRODUCTION The City of Bozeman retained AE2S Nexus to develop FY22 water rate projections based on updates to the water model developed in 2018. Specific tasks included: • Incorporate Operation and Maintenance (O&M) budgets, including debt repayment; • Incorporate existing Capital Improvement Plans (CIP); • Project revenues based on existing rates, customer accounts, account growth projections, and water sales (volumes); • Evaluate the adequacy of revenue generated by the inclining block rate structure; • Project cash flows based on current cash balances and projected revenue requirements; and • Develop updated Water rate recommendations designed to meet revenue adequacy. OBSERVED CHANGES IN WATER USE In support of efforts to meet water use reduction targets outlined in the City’s 2013 Integrated Water Resources Plan, the City of Bozeman actively promotes responsible water use through incentives such as rebate programs, sprinkler system assessments, public information initiatives, a billing portal water use tracker, and tiered pricing structures. In 2019 the City adopted a revision to its inclining block volumetric rate structure for Single Family Residential water use to provide the ability to incentivize substantial reduction in outdoor water use while giving the users the ability to stay within the first or second tiers while still practicing some level of responsible outdoor use. All these initiatives have played a role in changing customer water use patterns. Figure 1 summarizes annual water use by tier. 439 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 2 of 18 Think Big. Go Beyond. www.ae2s.com Figure 1: Annual Water Sales by User Class, in CCF Water sales in recent years have also been influenced by weather. The City received higher than average precipitation in 2018 and 2019, following by drought conditions from late 2019 to present. These wet and dry weather patterns are apparent in the Single Family and Multi-Family residential data points. It is also likely that the increased residential water use, and decreased water use in non-residential user classes in 2020 and 2021 are due in part to business and school closures related to the pandemic. RESIDENTIAL RATE STRUCTURE PERFORMANCE As previously noted and detailed in the 2018 policy paper titled “Policy Issue #1: Conservation- Based Residential Water Rates”, the four-tier inclining block rate structure for Single Family and Low-Income Residential users is designed to promote efficient water use and maintain affordability for such use. Table 1 summarizes the projected and actual 2020 water sales by tier for the Single Family and Low-Income Residential User class. 440 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 3 of 18 Think Big. Go Beyond. www.ae2s.com Table 1: Single Family and Low-Income Residential Water Use Single Family Residential Projected FY20 Water Sales (CCF) Actual FY20 Water Sales (CCF) Projected FY20 Volumetric Revenue ($) Actual FY20 Volumetric Revenue ($) Tier 1 (0-6 CCF) 330,230 528,457 $792,553 $1,268,297 Tier 2 (6-25 CCF) 419,930 384,243 $1,373,171 $1,244,947 Tier 3 (25-55 CCF) 151,769 96,830 $696,621 $439,608 Tier 4 (>55 CCF) 81,935 24,314 $563,716 $165,578 Total 983,865 1,033,844 $3,426,061 $3,118,431 Low Income Residential Projected FY20 Water Sales (CCF) Actual FY20 Water Sales (CCF) Projected FY20 Volumetric Revenue ($) Actual FY20 Volumetric Revenue ($) Tier 1 (0-6 CCF) 3,083 7,047 $7,398 $16,913 Tier 2 (6-25 CCF) 3,920 3,603 $12,818 $11,674 Tier 3 (25-55 CCF) 1,417 541 $6,503 $2,456 Tier 4 (>55 CCF) 765 62 $5,262 $422 Total 9,184 11,253 $31,982 $31,465 Figure 2 shows water use by tier under the previous rate structure, as projected under the adopted rate structure, and actual water use by tier for 2019 and 2020. Figure 1 and Table 1 both show that water use in the top two tiers was significantly reduced and water use in Tier 1 was significantly increased. This shift of water use to the lowest tier resulted in volumetric rate revenues approximately nine (9) percent less than projected for the Single Family/Low-Income Residential user class. While water use overall increased, Table 2 shows that Single Family and Low-Income Residential water use per account has decreased since 2017. Total Single Family Residential water use has fluctuated according to weather patterns, with a decrease in 2018 and 2019 followed by an increase in 2020. From 2017 to 2019 the total water sales and average per bill decreased, with the change in water sales per bill decreasing at a greater rate than the change in water sales and despite the increase in accounts. This suggests that the City’s water use reduction initiatives are effectively changing the way that residential customers use water. In 2020 the residential usage per account increased since 2019, but this would be expected due to the pandemic and drought conditions. Several more years of data accumulated under varying weather conditions will be 441 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 4 of 18 Think Big. Go Beyond. www.ae2s.com necessary to confirm the response to the rate structure. Rate projections within the Water Revenue Adequacy Model have been updated to reflect the most recent residential usage pattern. Figure 2: Single Family and Low-Income Residential Water Sales Table 2: Single Family and Low-Income Residential Water Use Statistics Year Water Sales (CCF) % Change in Water Sales Average Accounts Billed per Month % Change in Accounts Billed Average CCF per Bill % Change in CCF/Bill 2017 1,016,201 9,202 9.20 2018 923,455 -9.1% 9,558 +3.9% 8.17 -11.2% 2019 884,493 -4.2% 9,845 +3.0% 7.49 -8.3% 2020 1,033,846 +16.9% 10,055 +2.1% 8.57 +14.4% 442 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 5 of 18 Think Big. Go Beyond. www.ae2s.com Non-residential water use continues to be billed based on class-specific constant block rates. Table 3 summarizes the reported change in water use for non-residential users from 2019 to 2020. Multi-Family water use increased, likely a combined result of the pandemic and continued growth. Commercial sales were also increased in 2020 as opposed to 2019, perhaps due in part to the drought conditions. Government, MSU, and Industrial water use we all decreased significantly most likely due to shutdowns associated with the pandemic. Table 3: Non-Residential Water Use 2019 CCF 2020 CCF % Change Commercial 580,048.94 691,118.87 +19.1% Multi-Family Residential 622,098.73 709,136.51 +14.0% Government 59,622.75 51,060.01 -14.4% MSU 222,677.69 183,294.40 -17.7% Industrial 35,305.40 26,633.70 -24.6% Total Non-Residential 1,519,753.51 1,661,243.49 +9.3% EVALUATION OF REVENUE REQUIREMENTS Revenue requirements consist of O&M-related and capital-related revenue requirements. Table 4 summarizes actual FY20, budgeted FY21, and projected FY22 and FY23 O&M expenditures for the water division. Table 4: Summary of Actual and Budgeted Revenue Requirements 2020 Actual 2021 Budget 2022 Projected 2023 Projected Division: 4010 - Public Services Administration $2,823 $0 $0 $0 Division: 4610 - Water Plant Operations $2,615,343 $3,125,567 $3,238,298 $3,348,997 Division: 4640 - Water Conservation $397,359 $620,329 $651,345 $683,816 Division: 5010 - Water Operations $2,292,732 $2,501,263 $2,626,326 $2,743,065 Division: 5020 - Utility Locates $97,422 $93,750 $107,813 $112,125 Division: 5030 - Water Services $37,642 $35,000 $35,000 $36,400 Division: 5060 - Meter Reading $437,946 $588,211 $600,197 $626,938 Division: 5070 - Hydrants $26,213 $80,000 $80,000 $83,350 Division: 5080 - Water Valves $23,024 $17,500 $17,500 $18,200 Division: 5090 - Main Repairs $37,997 $20,000 $20,000 $20,800 TOTAL $5,968,501 $7,081,620 $7,376,479 $7,673,691 443 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 6 of 18 Think Big. Go Beyond. www.ae2s.com Tables 5 and 6 summarize the projected Capital Improvements Plan and Debt Service payments, respectively. Major Water Fund projects and associated funding approaches assumed for the period of FY22 through FY26 include: • Annual: $1,200,000 Annual Water Pipe Replacement Program – Rate Revenue • FY22: $2,000,000 PRV Phase I – Mechanical & Structural Upgrades – Potential Grant Funding • FY22: $680,000 Sourdough Transmission Phase 2 – Rate Revenue • FY23: $4,000,000 Hyalite Dam and Reservoir Optimization – Potential Grant Funding and Rate Revenue • FY23: $2,300,000 Lyman Tank and Transmission Main – Potential Grant Funding • FY24: $7,700,000 Lyman Tank and Transmission Main – State Revolving Fund (SRF) Loan • FY24 and FY25: $500,000 per year Membrane Replacement – Renewal/Replacement Reserves • FY25 and FY26: $3,000,000 Sourdough Intake Improvements – SRF Loan In addition, there are projects associated with the Water Impact Fee Fund that either require a share of the debt payment from the Water Fund or require the Water Fund to provide debt service coverage. For the period of FY22-FY26, these planned projects include: • FY23: $7,500,000 Groundwater Well Field and Transmission Construction – 10 percent of annual debt service and coverage supported by water rate revenues. Table 5: Water Capital Improvements Plan FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Rate Revenue $2,871,500 $3,632,757 $1,737,816 $1,827,206 $1,775,500 State Revolving Fund (SRF) Loan $7,700,000 $500,000 $2,500,000 Revenue Bonds $7,500,000 R&R Reserve Fund $500,000 $500,000 Potential Grant Funds (ARPA*) $2,000,000 $4,300,000 Total $4,871,500 $15,432,757 $9,937,816 $2,827,206 $4,275,500 *American Rescue Plan Act of 2021 444 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 7 of 18 Think Big. Go Beyond. www.ae2s.com Table 6: Water Fund Existing and Projected Annual Debt Service Existing Debt Service 2022 2023 2024 2025 2026 SRF Series 2011A Principal $466,494 $481,039 $495,584 $510,649 $526,234 SRF Series 2011B Principal $431,506 $444,961 $458,416 $472,352 $486,766 Annual Interest (2011A/B) $276,060 $257,960 $239,310 $220,310 $200,810 FY 2017 Series – SRF (Principal and Interest) $160,112 $600,000 $600,000 $600,000 $600,000 Projected Debt Service (Principal and Interest) 2022 2023 2024 2025 2026 FY 2023 Series $569,653 $569,653 $569,653 FY 2024 Series $517,561 $517,561 FY 2025 Series $33,608 Less Impact Fee Repayment ($600,000) ($600,000) ($1,112,688) ($1,112,688) ($1,112,688) Net Debt Service Revenue Requirement $1,193,310 $1,203,310 $1,270,775 $1,798,336 $1,842,444 RESERVE CONSIDERATIONS The 2018 analysis included the development of policy recommendations related to reserve funds and planning levels. A summary of the recommendations is shown in Table 7, and further detail can be found in the paper titled “Policy Issue #3: Reserve Policies and Targets.” Funding of reserve accounts to achieve target levels was included in this water rate update. Table 7: Basis for Water Fund Reserves Reserve Target/Policy Operating Reserve 90 days of O&M Expense Renewal & Replacement 5-Year Target based on Projected Renewal Deficiency Debt Service Reserve 1-Year Total Payment per Bond Covenant Rate Stabilization Reserve Floating Target based on Capital needs of Offset to X% Rate Increase Drought Contingency Reserve Projected Revenue Loss Associated in One Year of a Stage 3 Drought, built over 10 years 445 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 8 of 18 Think Big. Go Beyond. www.ae2s.com REVENUE ADEQUACY The financial model developed for the City in 2018 has been updated to reflect current operating conditions, revenues, water accounts, and water usage. Since there is obvious uncertainty associated with projecting into the future, it is recommended that the rate assumptions should be re-evaluated and updated on an annual basis in conjunction with budget and capital planning. Capital-related assumptions were presented in Tables 5 and 6. The remaining revenue adequacy assumptions are noted below. Projected meter growth and water sales are shown in Table 8. Table 8: Customer Meter Growth from 2019 to 2020 2019 2020 % Change Previous Annual Growth Rate Updated Annual Growth Rate Single Family Residential 9,634 9,801 +1.7% +3.8% +2.0% Low-Income Residential 155 155 +0.0% +3.8% +2.0% Multi-Family Residential 2,376 2,451 +3.2% +3.1% +3.1% Government 61 55 -9.8% +0.0% +0.0% MSU 19 19 +0.0% +0.0% +0.0% Commercial 1,158 1m174 +1.4% +1.7% +1.4% Industrial 1 1 +0.0% +0.0% +0.0% Total 13,404 13,656 +1.9% Projected water sales have been adjusted to account for drought restrictions currently in place. Table 9 summarizes the projected water sales based on extension of the existing drought through FY22. Table 10 translates the projected Single Family/Low-Income Residential water sales to annual sales per account to illustrate the assumed decrease in water use due to conservation initiatives. Table 9: Projected Water Sales, in CCF 2021 2022 2023 2024 2025 2026 Single Family Residential 960,542 849,642 1,076,559 1,091,186 1,106,012 1,121,039 Low-Income Residential 10,480 9,309 11,718 11,877 12,039 12,202 Multi-Family Residential 681,762 632,035 775,046 798,350 822,355 847,081 Government 46,805 40,848 51,060 51,060 51,060 51,060 MSU 174,947 161,946 190,868 193,461 196,089 198,754 Commercial 538,973 476,782 604,093 612,320 620,658 629,111 Industrial 25,524 23,970 26,634 26,634 26,634 26,634 Total 2,439,033 2,194,532 2,735,978 2,784,888 2,834,847 2,885,880 446 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 9 of 18 Think Big. Go Beyond. www.ae2s.com Table 10: Projected Single Family/Low-Income Residential Annual Water Use per Account, in CCF 2020 2021 2022 2023 2024 2025 2026 CCF/Year 105.0 96.2 83.9 104.2 103.5 102.9 102.2 O&M Assumptions • 2021 Budget as a basis. • General Inflation: Five (5) percent in 2022, four (4) percent in 2023 and three (3) percent annually thereafter. • Annual index rate for Chemicals and Power: Five (5) percent annually. • Annual Index for Labor: Five (5) percent om 2022 and 2023 and four (4) percent thereafter. Utility Cash Balance Assumptions • Total Cash balance at the end of FY20 was $18,323,317. Based on reserve assumptions from the previous analysis, this was assumed to be distributed as follows: o Operating Reserve balance at the end of FY20: $1,417,685. o Bond Covenant Reserve balance at the end of FY20: $1,819,630. o Capital Renewal/Replacement Reserve balance at the end of FY20: $1,163,200. o Rate Stabilization Reserve balance at the end of FY20: $13,701,350. o Drought Contingency Reserve balance at the end of FY20: $167,452. Revenue Adequacy Results Tables 11 through 13 summarize the rate projections developed to address the objectives of equitably recovering costs from user classes. meeting revenue requirements, building target reserve levels, equitably recovering costs from user classes, and meeting annual debt coverage requirements. Table 11 lists the projected fixed monthly charges per account by meter size for all customer classes. Tables 12 and 13 detail the volumetric rate components for the Single Family/Low-Income Residential and Non-Residential user classes, respectively. Based on the Drought Reserve target adopted in 2018, all volumetric rates in Tables 12 and 13 include $0.08 per CCF for the drought reserve surcharge. As a result of the Stage 2 drought conditions declared in July 2021, the FY22 rates in Tables 12 and 13 also account for an additional drought rate surcharge. It is possible that drought stage-based rate surcharges will not be necessary in FY22, and also possible they will be necessary in FY23 and beyond. The Stage 2 Drought Surcharge Rate components in Tables 12 and 13 will cease to be in effect if the City can eliminate the Drought Status at some time during the year. Figure 3 illustrates the projected revenues and expenses through 2026, and Figure 4 depicts projected reserve fund cash balances through the same period. At the projected rate adjustments, Figure 3 shows that revenue requirements are consistently higher than revenues throughout the study period except for 2024. As shown in Figure 4, the utility has healthy reserves that can be strategically utilized to minimize rate impacts while working to correct cost of service inequities identified between some of the user 447 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 10 of 18 Think Big. Go Beyond. www.ae2s.com classes in the 2018 analysis. Figure 5 projects the cost-of-service relationships through the planning period. As established in the 2018 study, the goal of completing cost of service correction is for all user classes to provide revenue at a percentage that comes within +/- 10 percent of the percent of cost associated with the level of service provided. Note that the cost-of-service targets were not updated as part of this rate update. Table 11: Projected Fixed and Variable Water Rates 2022 2023 2024 2025 2026 5/8” $16.17 $16.17 $16.33 $16.49 $16.65 1” $21.42 $21.42 $21.63 $21.85 $22.07 1-1/2” $33.71 $33.71 $34.05 $34.39 $34.73 2” $49.02 $49.02 $49.51 $50.01 $50.51 3” $84.73 $84.73 $85.58 $86.44 $87.30 4” $135.88 $135.88 $137.24 $138.61 $140.00 6” $253.23 $253.23 $255.76 $258.32 $260.90 8” $400.39 $400.39 $404.39 $408.43 $412.51 448 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 11 of 18 Think Big. Go Beyond. www.ae2s.com Table 12: Projected Single Family and Low-Income Residential Volumetric Flow Rates, in Dollars per CCF Tier 1 Tier 2 Tier 3 Tier 4 2022 Volumetric $2.40 $3.27 $4.59 $6.88 2022 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 2022 Stage 2 Drought Rate Surcharge $0.24 $1.29 $1.81 $2.72 Total 2022 Rate, per CCF $2.72 $4.64 $6.48 $9.68 2023 Volumetric $2.40 $3.30 $4.64 $6.95 2023 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 2023 Stage 2 Drought Rate Surcharge -- -- -- -- Total 2023 Rate, per CCF $2.48 $3.38 $4.72 $7.03 2024 Volumetric $2.40 $3.35 $4.71 $7.05 2024 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 2024 Stage 2 Drought Rate Surcharge -- -- -- -- Total 2024 Rate, per CCF $2.48 $3.43 $4.79 $7.13 2025 Volumetric $2.40 $3.40 $4.78 $7.16 2025 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 2025 Stage 2 Drought Rate Surcharge -- -- -- -- Total 2025 Rate, per CCF $2.48 $3.48 $4.86 $7.24 2026 Volumetric $2.40 $3.45 $4.85 $7.27 2026 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 2026 Stage 2 Drought Rate Surcharge -- -- -- -- Total 2026 Rate, per CCF $2.48 $3.53 $4.93 $7.35 449 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 12 of 18 Think Big. Go Beyond. www.ae2s.com Table 13: Projected Non-Residential Volumetric Flow Rates, in Dollars per CCF Multi-Family Residential Government MSU Commercial Industrial 2022 Volumetric $2.16 $3.32 $2.62 $2.28 $1.85 2022 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 $0.08 2022 Stage 2 Drought Rate Surcharge $0.51 $0.81 $0.55 $0.57 $0.21 Total 2022 Rate, per CCF $2.75 $4.21 $3.25 $2.93 $2.14 2023 Volumetric $2.18 $3.88 $2.72 $2.46 $1.89 2023 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 $0.08 2023 Stage 2 Drought Rate Surcharge -- -- -- -- -- Total 2023 Rate, per CCF $2.26 $3.96 $2.80 $2.54 $1.97 2024 Volumetric $2.20 $4.66 $2.83 $2.61 $1.93 2024 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 $0.08 2024 Stage 2 Drought Rate Surcharge -- -- -- -- -- Total 2024 Rate, per CCF $2.28 $4.74 $2.91 $2.69 $2.01 2025 Volumetric $2.20 $5.59 $2.94 $2.71 $1.97 2025 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 $0.08 2025 Stage 2 Drought Rate Surcharge -- -- -- -- -- Total 2025 Rate, per CCF $2.28 $5.67 $3.02 $2.79 $2.05 2026 Volumetric $2.20 $5.93 $3.06 $2.82 $2.01 2026 Drought Reserve Surcharge $0.08 $0.08 $0.08 $0.08 $0.08 2026 Stage 2 Drought Rate Surcharge -- -- -- -- -- Total 2026 Rate, per CCF $2.28 $6.01 $3.14 $2.90 $2.09 450 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 13 of 18 Think Big. Go Beyond. www.ae2s.com Figure 3: Projected Revenues and Revenue Requirements Figure 4: Projected Water Fund Cash Balances 3.0% 3.3% 4.0% 3.6%3.4% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 2022 2023 2024 2025 2026 Total Revenues vs. Total Expenses Total Revenues Total Revenue Requirements Aggregate Rate Increase $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 $20,000,000 2022 2023 2024 2025 2026 Projected Water Fund Balances Bond Covenant Reserve Account Operations and Maintenance Reserve Account Renewal/Replacement Reserve Account Drought Contingency Reserve Rate Stabilization Reserve Account Operating and Bond Reserve Target Stacked Reserve Target Bond Reserve Target Drought Contingency Reserve Target 451 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 14 of 18 Think Big. Go Beyond. www.ae2s.com Figure 5: Projected Cost of Service Results (Based on 2018 Targets) Figure 5 shows the cost of service results converging in the target range by the end of the study period, with the exception of Multi-Family Residential class. The Multi-Family Residential class has seen consistent growth. Because the cost of service targets were not updated as part of this analysis, it is likely that the Multi-Family Residential target should be higher now than calculated in 2018. As such, it is unlikely that there is a significant cost disparity for that user class. It is common practice to update cost of service targets approximately every five years, so the results shown here are only to generally summarize how the adopted rates continue to move the rate structure overall toward improved equitability for all classes. -50.0% -40.0% -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% 2020 2021 2022 2023 2024 2025 2026% Difference from COSA TargetCOSA Target Tracking Single Family/Low Income Residential Multi Family Residential Commercial Government MSU Industrial Target Range: +/-5% to 10% 452 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 15 of 18 Think Big. Go Beyond. www.ae2s.com BENCHMARKING Figure 6 compares the water utility billing from all Montana participants in the 2021 Utility Rate Survey serving greater than 5,000 people in 2021. The typical bills shown below based on 6,000 gallons per month (800 cubic feet) of metered flow. At the recommended rates for FY22, the cost for 6,000 gallons of water in Bozeman would increase from $37.75 to $37.82, an increase of $0.07 per month. Note that the value shown in the chart and the comparison made in this paragraph does not account for the Stage 2 Drought Rate surcharge currently in effect. Taking the existing Stage 2 Drought Rate surcharge into account, the monthly charge for 6,000 gallons in FY22 would be $41.87, an increase of $4.12 per month over the 2021 value shown in Figure 6. Figure 6: Typical Monthly Residential Water Utility Bill (2021) 453 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 16 of 18 Think Big. Go Beyond. www.ae2s.com BULK WATER RATES Although this analysis did not include an update to the cost of service, the estimated cost to bulk users was evaluated based on bulk water rates from the 2018 analysis and updated capital and operating costs. The results of the estimated cost of bulk water service per thousand gallons are shown in Table 14. As shown in Table 14, the current charge of $5.15 per thousand gallons is approximately equivalent to a return on rate base of 12 percent. Maintaining a 15 percent return on rate base, as recommended in the previous analysis, would result in a FY22 rate of $5.91 per thousand gallons, which is a 14.8 percent increase over the existing rate. Table 14: Estimated FY22 Bulk Rates at Varying Rates of Return Return Rate (%) Return on Rate Base O&M + Depreciation Total Cost to Bulk Users Calculated Rate ($/kgal) 2.14% $1,190 $4,484 $5,675 $2.62 3.00% $1,667 $4,484 $6,151 $2.84 8.00% $4,445 $4,484 $8,929 $4.12 12.02% $6,681 $4,484 $11,165 $5.15 15.00% $8,334 $4,484 $12,818 $5.91 454 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 17 of 18 Think Big. Go Beyond. www.ae2s.com SUMMARY OF FINDINGS AND RECOMMENDATIONS The following bullet points summarize the key findings and recommendations developed as part of this rate model update. • Residential water use declined from 2017 to 2019 and increased slightly in 2020. Numerous factors likely contributed to this pattern, including weather, pandemic working conditions, non-pricing conservation initiatives, as well as rate structuring and pricing efforts designed to incentivize responsible water use. It appears that the changes to the Single Family Residential inclining block rate structure have likely been helpful in reducing per-account water use. • Account growth has remained steady as development occurs in and around the City. Growth factors have been slightly adjusted within the model to reflect recent trends, and projected water sales have also been adjusted accordingly. • The City continues to make prudent capital investment and reinvestment in water system infrastructure, with a CIP ranging in total annual expenditures of $4.3M to $15.4M per year. The City’s rate structure supports approximately $1.5M to $2.4M per year in rate- funded capital items from the CIP and/or contributions to renewal and replacement reserves for future capital reinvestment. • The City currently funds a Drought Reserve fund through a volumetric surcharge of $0.08 per CCF for all metered water sales. When Stage 1-4 Drought Rate surcharges are in effect, as they are currently, this $0.08 per CCF should be redirected to offset revenue shortfalls associated with decreased water sales. Once the Stage 1-4 Drought Rate surcharges are lifted, the City should resume funding the Drought Reserve. • Continue adopted approach to funding reserves: o Operating Reserves: Target = 90 days of operating expenses (approximately $1,818,860 in 2022). o Bond Covenant Reserve: 1 Year Total Payment per Bond Covenants (approximately $1,803,300 in 2022). o Renewal/Replacement Reserve: Annual contribution based on minimum calculated renewal/replacement contribution needs ($0 to $921,000 annually over the planning period). o Rate Stabilization Reserve: Target = Floating Target Based on reinvestment projections and programmed Rate-Funded Capital and Debt Principal repayment. o Drought Contingency Reserves: 5-Year Target = 1 Year Stage 3 Drought, 10-Year Target = 2 Year Stage 3 Drought (approximately $2,200,092 over 10 years). • It is recommended that the City adopt the adjustments to the water rates shown in Table 15 for FY22 and FY23 (excluding Drought Surcharge rates): 455 Summary Memorandum Re: Water Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 18 of 18 Think Big. Go Beyond. www.ae2s.com Table 15: Recommended FY22 and FY23 Water Rate Adjustments FY22 % Change FY23 % Change Fixed Charges (All Meter Sizes) 0.0% 0.0% Volumetric Charges (per CCF) Single Family/Low-Income Residential • Tier 1 • Tiers 2-4 +0.0% +1.0% +0.0% +1.0% Multi-Family Residential +1.0% +1.0% Government +20.0% +20.0% MSU +4.0% +4.0% Commercial +8.0% +8.0% Industrial +2.0% +2.0% • If the City desires to maintain a return on rate base of 15 percent for service to bulk users, a bulk service rate of $5.91 per thousand gallons is recommended for FY22. • Review Water Revenue Adequacy Annually. The City has undertaken this project to obtain a financial tool to assist in management financial health of the Water Utility. Although the projections herein contain proposed rate adjustments through 2026, a change in actual revenues or expenses from those projected, or continued change in water use patterns, could significantly impact the Utility. As a result, it is strongly recommended that the City closely monitor revenues and expenses as compared to those projected in the rate model, adjusting as necessary, and update the projected rate adjustments based on the desired objective of achieving consistent revenue adequacy and meeting cash reserve target balances. • Monitor Near-Term Revenue Stability. Recommended increases to water rates, along with other non-price factors, may result in continued changes to water usage. Conservative water usage growth has been assumed in the analysis, but it will be important to adjust the assumptions as actual usage information becomes available. Therefore, the City should closely monitor revenue stability. • Revisit Stage-based Drought Rate Surcharges in conjunction with water rate updates. AE2S Nexus has also reviewed and updated the adopted rate approach to implementing Drought Surcharges in conjunction with Stage 1-4 drought stages. This information is provided under separate cover and should be reviewed and updated annually or in conjunction with the evaluation of water rate adjustments to keep pace with changing water use patterns and revenue requirements. 456 P05097-2021-002 Page 1 of 7 Think Big. Go Beyond. www.ae2s.com W:\!Projects by Name\Bozeman MT\0597-2021-002 2021 Water and Wastewater Rate Update\2021 Drought Rate Surcharge Memo - Final.docx SUMMARY MEMORANDUM To: Kristin Donald, Finance Director City of Bozeman, MT From: Miranda Kleven, PE Re: Drought Management Financial Plan Update Date: September 3, 2021 INTRODUCTION In 2019, the City of Bozeman adopted a plan for implementing drought surcharge rates that correlate with Stages 1 through 4 of the City’s Drought Management Plan (DMP). The 2018 Water Rate Study included recommendations related to funding a Drought Reserve as well as initial projections for Drought Rate Surcharges to be implemented under Stage 1 through 4 drought conditions. These two topics are separate but related. DROUGHT RESERVE The City’s DMP specifies the water use reduction targets shown in Table 1. To achieve the reduction targets, an evaluation of indoor water use was completed as part of the 2018 water rate study. The results of that evaluation formed the basis for the assumed maximum water use reduction level for each customer class, shown in Table 2. Table 1: Drought Response Plan Targets Drought Stage Stage 1: Drought Watch Stage 2: Drought Advisory Stage 3: Drought Warning Stage 4: Drought Emergency System-Wide Water Reduction Target 10% 20% 30% 40% 457 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 2 of 7 Think Big. Go Beyond. www.ae2s.com Table 2: Estimated Maximum Water Use Reduction Potential on Non-Essential Outdoor Use User Class Estimated Potential Water Use Reduction Single Family/Low-Income Residential 50% Multi-Family Residential 16% Government 54% MSU 14% Commercial 28% Industrial <5% Estimated Overall Reduction 33% The system-wide reduction targets in Table 1 for Stages 1 and 2 are achievable based on the maximum water use reduction potential shown in Table 2. As a result, the City adopted an approach for temporary rate adjustments (drought rate surcharges) to make up for lost rate revenue in the event of Stage 1 or Stage 2 conditions. Because Stage 3 and 4 drought conditions would require much more aggressive conservation efforts and significant surcharges, it was determined that the best approach for preparing for a Stage 3 or Stage 4 conditions was to fund a Drought Reserve to offset affordability concerns while minimizing revenue loss. As a result, the City adopted a policy to establish a Drought Contingency Reserve with a target equal to one year’s revenue shortfall based on Stage 3 reductions. The adopted target value was $2.2 Million, to be built over a 10-year funding period. Based on water sales in 2018, this equated to an adopted drought reserve surcharge of $0.08 per one hundred cubic feet (CCF) for all water sales. 458 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 3 of 7 Think Big. Go Beyond. www.ae2s.com DROUGHT RATE SURCHARGE BY STAGE Water use reduction targets by class are shown in Table 3. Stage 3 targets are based on the maximum reduction values shown in Table 2. The Stage 3 targets are based on the assumed elimination of all non-essential outdoor water use. The Stage 4 targets assume all users take the extra step of eliminating an additional 10 percent of use beyond their Stage 3 targets. Table 3: Water Use Reduction Targets by Stage and Class Stage 1 Stage 2 Stage 3 Stage 4 Single Family/Low-Income Residential 10.0% 20.0% 50.0% 55.0% Multi-Family Residential 10.0% 16.0% 16.0% 26.0% Government 10.0% 20.0% 55.0% 60.0% MSU 10.0% 14.0% 14.0% 24.0% Commercial 10.0% 20.0% 27.0% 36.0% Industrial 10.0% 10.0% 10.0% 20.0% Estimated Overall Reduction 10.0% 18.4% 33.0% 40.4% Stage Reduction Target 10.0% 20.0% 30.0% 40.0% In addition to the desired reduction percentage for each user class under the four drought stages, the City’s adopted policy also identifies, for some stages and some user classes, the maximum surcharges to be applied as a percentage of the existing volumetric rate. These values are shown in bold in Table 4. For Stage 1 and 2, surcharges for Tiers 2 through 4 for the Single Family/Low-Income Residential class and all Stages for the Industrial class are based on the calculated increase required to recover the revenue lost from the assumed water use reduction. These surcharges are intended to be temporary in nature and will be eliminated when the drought conditions cease. 459 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 4 of 7 Think Big. Go Beyond. www.ae2s.com Table 4: Maximum Drought Rate Surcharge Percentages Stage 1 Stage 2 Stage 3 Stage 4 Single Family/Low-Income Residential Tier 1 0% 10.0% 20.0% 25.0% Tier 2 Revenue-Neutral Calculation 100.0% 200.0% Tier 3 100.0% 200.0% Tier 4 100.0% 200.0% Multi-Family Residential, Government, MSU, Commercial 25% 25% 25% 25% Industrial Revenue-Neutral Calculation Using the class-specific reduction targets in Table 3, drought surcharge rates for calculated for each user class and for each stage. For all user classes other than the Single Family/Low-Income Residential class, the calculation is straight-forward, based on assumed achievement of the desired reduction. For the Single Family/Low-Income Residential class, the calculation is dependent upon water use within each tier. As a result, this is a calculation that should be revisited frequently, in conjunction with rate-planning, to ensure that the rate surcharge percentages are appropriate as water use patterns change. Table 5 summarizes the adopted drought rate increase percentages from 2019, based on water use from 2018. Table 6 presents an updated calculation of surcharge percentages applicable to more recent water use patterns. The surcharge percentages in Table 6 account for a two-week lag between the time of drought declaration and the effective date of the drought surcharge rates. In theory, under Stage 1 or Stage 2 Drought Rate Surcharge conditions, any user that achieves the requested reduction in water use should not see a change in the amount of the monthly water bill. In practical application, there are slight discrepancies due to the two-week delay of surcharge effective date, numerical rounding of the rates, and due to the varying surcharges applicable to the Single Family/Low-Income Residential rates. Table 7 summarizes some examples of the impact of the July 2021 Stage 2 Drought Surcharge rates. The comparisons in Table 7 assume that billed volumes are rounded to the nearest cubic foot (0.01 CCF). Note that examples of users achieving the class-specific Stage 2 target reduction value see essentially no 460 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 5 of 7 Think Big. Go Beyond. www.ae2s.com change in the monthly bill, whereas users achieving reduction at less than the target value see an increase and those achieving greater than the target see a decrease. Table 5: Adopted 2019 Drought Rate Increases by Stage and Class Stage 1 Stage 2 Stage 3 Stage 4 Single Family/Low-Income Residential Tier 1 0.0% 10.0% 20.0% 25.0% Tier 2 21.0% 47.0% 100.0% 200.0% Tier 3 21.1% 47.2% 100.0% 200.0% Tier 4 21.1% 47.2% 100.0% 200.0% Multi-Family Residential 11.1% 19.0% 19.0% 25.0% Government 11.1% 25.0% 25.0% 25.0% MSU 11.1% 16.3% 16.3% 25.0% Commercial 11.1% 25.0% 25.0% 25.0% Industrial 11.1% 11.1% 11.1% 11.1% Table 6: 2021 Drought Rate Increases by Stage and Class Stage 1 Stage 2 Stage 3 Stage 4 Single Family/Low-Income Residential Tier 1 0.0% 10.0% 20.0% 25.0% Tier 2 21.9% 39.6% 100.0% 200.0% Tier 3 21.9% 39.4% 100.0% 200.0% Tier 4 21.8% 39.4% 100.0% 200.0% Multi-Family Residential 15.6% 23.8% 23.8% 25.0% Government 15.6% 25.0% 25.0% 25.0% MSU 15.6% 20.9% 20.9% 25.0% Commercial 15.6% 25.0% 25.0% 25.0% Industrial 11.1% 11.1% 11.1% 11.1% 461 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 6 of 7 Think Big. Go Beyond. www.ae2s.com Table 7: Bill Impacts – 2021 Rates Compared to 2021 Rates with Drought Rate Increase User Type Water Use (CCF) Monthly Bill % Reduction Revised Water Use (CCF) Revised Monthly Bill % Change in Bill SF Residential, 5/8” meter 3.00 $23.61 5% 2.70 $23.92 +1.3% SF Residential, 5/8” meter 3.00 $23.61 10% 2.85 $23.51 -0.4% SF Residential, 5/8” meter 4.67 $27.75 5% 4.44 $28.24 +1.8% SF Residential, 5/8” meter 4.67 $27.75 10% 4.20 $27.60 -0.5% SF Residential, 5/8” meter 8.00 $37.69 5% 7.60 $39.85 +5.7% SF Residential, 5/8” meter 8.00 $37.69 10% 7.20 $38.01 +0.8% SF Residential, 5/8” meter 8.00 $37.69 15% 6.80 $36.17 -4.0% SF Residential, 5/8” meter 18.00 $70.89 10% 16.20 $79.41 +12.0% SF Residential, 5/8” meter 18.00 $70.89 20% 14.40 $71.13 +0.3% SF Residential, 5/8” meter 18.00 $70.89 25% 13.50 $66.99 -5.5% MF Residential, 2” meter 60.00 $182.22 10% 54.00 $196.44 +7.8% MF Residential, 2: meter 60.00 $182.22 16% 50.40 $186.61 +2.4% MF Residential, 2: meter 60.00 $182.22 20% 48.00 $180.06 -1.2% Commercial, 1” meter 20.00 $65.22 10% 18.00 $70.38 +7.9% Commercial, 1” meter 20.00 $65.22 20% 16.00 $64.94 -0.4% Commercial, 2” meter 50.00 $158.52 10% 45.00 $171.42 +8.1% Commercial, 2” meter 50.00 $158.52 20% 40.00 $157.82 -0.4% 462 Summary Memorandum Re: Drought Management Financial Plan Update September 3, 2021 P05097-2021-002 Page 7 of 7 Think Big. Go Beyond. www.ae2s.com RECOMMENDATIONS Evaluating the way in which users respond to the drought mitigation measures is critical to the Drought Management Financial Plan. AE2S Nexus offers the following comments and recommendations: • Continue to fund a Drought Mitigation Reserve. During periods in which Stage 1 through 4 drought conditions have been declared, the City can temporarily redirect drought mitigation reserve revenues to the operating fund to offset declining revenues, if needed. Once drought conditions cease, the City should direct the volumetric drought mitigation surcharge back to the reserve fund. Depending upon the extent of the drought conditions, the City should consider reviewing and updating the $0.08 per CCF value to successfully build the fund to the desired target. • Drought rate increases are dependent on actual water use by tier and should be revisited frequently. It is recommended that the City review and recalculate the drought rate surcharges in conjunction with routine rate updates. The City has been successfully incentivizing users to change water usage patterns. As conditions change, it will be important to continue to monitor water use patterns and adjust projected water user production potential and drought rate charges. • Consider a revision of policy that would allow the drought surcharge rates to become effective simultaneous with the declaration of a drought stage. This will simplify the drought surcharge rate increase calculation and slightly decrease the necessary increase to meet revenue neutrality by matching the theoretical timeline of reduced water use with an increased rate. • As a deliverable for this project, AE2S Nexus prepared an Excel-spreadsheet-based bill calculator to assist with understanding bill impacts for varying types of users. Figure 1 provides an example of application of the tool for an 8 CCF Residential user. Figure 1: Stage 2 Drought Rate Bill Calculator Tool Stage 2 Drought Rate Bill Calculator Class Single Family/Low-Income Residential Meter Size 5/8" Percent Usage Reduction 10.0% Enter Monthly Usage (CCF)8.00 Reduced Usage (CCF)7.20 (Shown in 100 cubic feet)Existing - 2021 Without Drought Rate 2021 With Stage 2 Drought Rates Tier 1: 0 - 6 14.88$ Tier 1: 0 - 6 $16.32 Tier 2: 6.01-25 6.64$ Tier 2: 6.01-25 $5.52 Tier 3: 25.01-55 -$ Tier 3: 25.01-55 $0.00 Tier 4: >55 -$ Tier 4: >55 $0.00 Monthly Base Fee 16.17$ 16.17$ Total Charge 37.69$ 38.01$ Percent Change in Monthly Bill 0.8% Account Type and Water Use Inputs Drop-down lists 463 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:Resolution 5274 Establishing Rates for Wastewater Service for FY22 and FY23 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5274 Establishing rates for Wastewater service for FY22 and FY23 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:In the City Manager Recommended Budget and during budget presentations, Wastewater rates were discussed and the adopted budget continued to follow the rate model for the next two fiscal years. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS: All of the Wastewater service charges would be effective on the November 15, 2021 bills and and in FY23 for September 15, 2022 bills. The estimated increase in revenue for FY22 is $438,185. The average residential customer will see a $0 increase to their monthly bill. Attachments: Wastewater Rates.docx Resolution - 5274 Wastewater Rates FY22 and 23.docx 2021 Wastewater Memo - Final.pdf Report compiled on: September 3, 2021 464 Wastewater FY22 and FY23 Rates Background City Property owners are, by and large, required to use the City’s Sewer treatment systems. The rates were based on a rate study adopted in August 2019.The rate models were updated this summer and still reflect the path originally adopted. The addition of ARPA money aids with further cost and savings and debt service savings. See the consultants updated model report. Rate Recommendation The next two years in the model calls for no changes to residential and for increases based on user class: Budget Information: With these changes, appropriate users classes will be charged based on their cost of service. With that, the City will be able to achieve and maintain appropriate revenue levels and reserves. Overall, the fund has maintained a healthy reserve and improved,as well as maintained,the City’s sewer system. The fund balance needs growth as the infrastructure is starting to age. - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 2016 2017 2018 2019 2020 2021 Budget 2022 Recommended Wastewater Fund Financial Trends Revenues Expenditures Fund Balance 465 Page 1 of 3 COMMISSION RESOLUTION NO. 5274 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER SERVICE FOR THE CITY OF BOZEMAN. WHEREAS, the City Commission of the City of Bozeman, following notice and public hearing established a new Rate Schedule for the City of Bozeman’s Wastewater Fund. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the new rates for water services, based on a 30-day month, shall become effective beginning with the bills due November 15, 2021 and September 15, 2022 as follows, to wit: Section 1 – Metered Customers A. Service Charge Current Rate Effective 11/15/21 Effective 9/15/2022 Residential $19.58 $19.58 $19.58 Multi-Family $20.07 $20.07 $20.07 Commercial $20.07 $20.07 $20.07 Government $20.07 $20.07 $20.07 MSU $20.07 $20.07 $20.07 Industrial $38.98 $38.98 $38.98 B. Volume Charge Current Rate Effective 11/15/21 Effective 9/15/2022 Residential $3.28 $3.28 $3.28 Multi-Family $3.50 $3.56 $3.64 Commercial $3.78 $3.93 $4.08 Government $3.78 $4.00 $4.24 MSU $3.92 $4.23 $4.57 Industrial $5.83 $6.01 $6.19 466 Page 2 of 3 * For service dates of May through November, based on average of December through April metered usage. Explanatory note: Each customer shall pay a minimum monthly bill, which includes the monthly charge (A) plus an additional charge (B). For extra strength waste, a customer shall additionally pay the extra strength charges (C). Section 2 – Unmetered Customers Effective on the November 2021 billing Section 3 – Low Income Rate Assistance Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-134 MCA, will receive a credit equal to their monthly wastewater service charge listed above. Section 4 – Billing Procedures Charges for wastewater services under this schedule shall be made a part of the current monthly water bill, to be shown by separate item on such bill. Separate payment of either the charge for the water or the charge for the wastewater will not be accepted with prior approval of the Director of Finance. Both charges must be paid at the same time; partial payments will be applied to the wastewater charge first, with any remainder being applied to the water charge. Charges for water used and wastewater service charges become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent; and if not paid in full by the fifteenth day of the following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written notice. A charge of fifty dollars ($50.00) shall be made for any account requiring written shut-off notice. An additional charge of one hundred dollars ($100) shall be made for any account requiring written shut-off notice for the second time in one calendar year. A charge of one-hundred ($100.00) shall be made for reinstating a water service which has been discontinued for non-payment of water, wastewater and/or stormwater service charges. Section 5 – Late Fee For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. C. Extra Strength Waste Current Rate Effective 11/15/21 Effective 9/15/2022 BOD in excess of 200 mg/L $0.35 $0.36 $0.37 TSS in excess of 350 mg/L per day $0.54 $0.54 $0.54 Phosphorus in excess of 5.0 mg/L per day $5.89 $5.89 $5.89 Nitrogen in excess of 20 mg/L per day $0.46 $0.50 $0.52 Unmetered Customers Current Rate Effective 11/15/21 Effective 9/15/2022 All unmetered customers $43.64 $44.95 $46.30 467 Page 3 of 3 Section 6 – Protests In cases where wastewater service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other wastewater customers, the person or persons against whom such charges are made may apply to the City Manager for an adjustment, stating the circumstances. The City Manager, or his designated representative, may make such adjustment of the wastewater charges as is deemed necessary, fair and equitable. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September 2021; and effective with bills due November 15, 2021 and September 15, 2022. ________________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________________ GREG SULLIVAN City Attorney 468 P05097-2021-002 Page 1 of 12 Think Big. Go Beyond. www.ae2s.com W:\!Projects by Name\Bozeman MT\0597-2021-002 2021 Water and Wastewater Rate Update\2021 Wastewater Memo - Final.docx SUMMARY MEMORANDUM To: Kristin Donald, Finance Director City of Bozeman, MT From: Miranda Kleven, PE Re: Wastewater Financial Plan Rate Update Date: September 3, 2021 INTRODUCTION The City of Bozeman retained AE2S Nexus to develop FY22 wastewater rate projections based on updates to the wastewater model developed in 2018. Specific tasks included: • Incorporate Operation and Maintenance (O&M) budgets, including debt repayment; • Incorporate existing Capital Improvement Plans (CIP); • Project revenues based on existing rates, customer accounts, account growth projections, and wastewater sales (volumes); • Project cash flows based on current cash balances and projected revenue requirements; and • Develop updated wastewater rate recommendations designed to meet revenue adequacy. WASTEWATER FLOWS Figure 1 presents historical wastewater flows (through 2020) and projected flows for 2021 through 2026. In 2020, wastewater flows increased, partly due to continued growth in the community and pandemic-related conditions that resulted in higher residential use values. In support of the City’s Drought Management Plan, changes were made to the water structure in 2019 to promote responsible outdoor water use. While these changes resulted in a reduction to metered flows, these did not impact wastewater use to the degree that were not intended to greatly impact indoor water use. In July 2021, the City of Bozeman declared Stage 2 drought status, which triggered efforts aimed to achieve system-wide water reduction of 20 percent. The majority of the targeted reduction under Stage 2 is related to outdoor water use, so is not expected to have a significant impact on billed wastewater volumes. 469 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 2 of 12 Think Big. Go Beyond. www.ae2s.com However, flow projections within the Wastewater Revenue Adequacy Model have been updated to reflect observed and projected water use patterns updated in the Water Revenue Adequacy model. These projections are consistent with the anticipated reduction in water due to the Stage 2 drought measures. Figure 1: Recent Historical and Projected Wastewater Flows 11,500 12,000 12,500 13,000 13,500 14,000 14,500 15,000 15,500 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 2018 2019 2020 2021 2022 2023 2024 2025 2026 No. of MetersFlow (ccf)Total Flows by User Class Single Family Multi Family Commercial Government MSU Industrial Total Meters 470 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 3 of 12 Think Big. Go Beyond. www.ae2s.com EVALUATION OF REVENUE REQUIREMENTS Revenue requirements consist of O&M-related and capital-related revenue requirements. Table 1 summarizes actual FY20, budgeted FY21, and projected FY22 and FY23 O&M expenditures for the wastewater division. Table 1: Summary of Actual and Budgeted Revenue Requirements FY 2020 Actual FY 2021 Budget FY 2022 Projected FY 2023 Projected Division: 5210 – Wastewater Operations $1,758,131 $2,289,910 $2,404,406 $2,524,626 Division: 5220 – Utility Locates $97,018 $92,900 $97,545 $102,422 Division: 5230 – Wastewater Services $2,281 $5,000 $5,250 $5,513 Division: 5250 – Manholes $20,539 $25,000 $26,250 $27,563 Division: 5260 – Other Televising $11,110 $12,100 $12,705 $13,340 Division: 5280 – Main Repairs $651 $5,000 $5,250 $5,513 Division: 5610 – WRF Operations $2,583,087 $2,946,039 $3,093,341 $3,248,008 Division: 5620 – Laboratory $430,512 $463,492 $486,667 $511,000 Division: 5630 – Sludge Injection $444,123 $554,200 $581,910 $611,006 Division: 5640 - Pretreatment $1,556 $14,800 $15,540 $16,317 TOTAL $5,349,010 $6,408,441 $6,728,863 $7,065,306 Tables 2 and 3 summarize the projected Capital Improvements Plan and Debt Service payments, respectively. The City is currently identifying the best use for approximately $6 Million in available grant funding for the Wastewater Utility from the American Rescue Plan Act of 2021. This update includes the assumed use of those funds by the close of calendar year 2023. This funding is noted as “Potential Grant Funding” in the bullets below. Major Wastewater Fund projects and associated funding approaches assumed for the period of FY22 through FY26 include: • Annual: $1,025,000 Annual Wastewater Pipe Replacement Program – Potential Grant Funds in FY22 and FY23, Rate Revenue in remaining years • FY21-FY22: $310,000 East Gallatin River Avulsion Restoration – Potential Grant Funding • FY22: $300,000 Roll-off Storage Building Construction – Potential Grant Funding • FY22: $425,000 Screwpress – Potential Grant Funding • FY22: $300,000 Facility Plan Update – Potential Grant Funding • FY23: $400,000 UFAT Gravity Thickener and Arms Replacement – Potential Grant Funding • FY24: $1,300,000 Digester – Rate Revenue • FY24: $290,900 TV Sewer Van Replacement – Rate Revenue • FY25: $527,115 Vactor Replacement – Rate Revenue • FY25: $100,000 Solids Pipe Renovation – Rate Revenue • FY26: $150,000 Dewatering Pump Replacement – Rate Revenue 471 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 4 of 12 Think Big. Go Beyond. www.ae2s.com In addition, there are projects associated with the Wastewater Impact Fee Fund that although they do not require revenue for debt payment form the Wastewater Fund, do require the Wastewater Fund to provide debt service coverage. For the period of FY22-FY26, these planned projects include: • FY24: $2,500,000 Biotrain #1 Retrofit • FY26: $3,000,000 North Frontage Street Interceptor Table 2: Wastewater Capital Improvements Plan FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Rate Revenue $425,000 $817,818 $2,905,903 $2,040,365 $1,720,900 State Revolving Fund (SRF) Loan – Impact Fee Fund $2,500,000 $3,000,000 Impact Fees $300,000 $1,500,000 $700,000 $2,000,000 Potential Grant Funds (ARPA*) $2,195,000 $1,400,000 Total $2,920,000 $3,717,818 $6,105,903 $2,040,365 $6,720,900 *American Rescue Plan Act of 2021 Table 3: Wastewater Fund Existing and Projected Annual Debt Service Existing Debt Service – Wastewater Fund FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Principal and Interest $1,496,374 $1,510,309 $1,528,445 $1,542,695 $1,519,533 Projected Debt Service – Impact Fee Fund 2022 2023 2024 2025 2026 Existing Principal and Interest $582,873 $582,873 $582,873 $582,873 $582,873 FY 2024 Series $168,039 $168,039 472 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 5 of 12 Think Big. Go Beyond. www.ae2s.com RESERVE CONSIDERATIONS The 2018 analysis included the development of policy recommendations related to reserve funds and planning levels. A summary of the recommendations is shown in Table 4, and further detail can be found in the paper titled “Policy Issue #3: Reserve Policies and Targets.” Funding of reserve accounts to achieve target levels was included in this rate update. Table 4: Basis for Wastewater Fund Reserves Reserve Target/Policy Operating Reserve 90 days of O&M Expense Renewal & Replacement 10-Year Target based on Projected Renewal Deficiency Debt Service Reserve 1-Year Total Payment per Bond Covenant Rate Stabilization Reserve Floating Target based on Capital needs REVENUE ADEQUACY The financial model developed for the City in 2018 has been updated to reflect current operating conditions, revenues, wastewater accounts, and wastewater flows. Since there is obvious uncertainty associated with projecting into the future, it is recommended that the rate assumptions should be re- evaluated and updated on an annual basis in conjunction with budget and capital planning. Capital-related assumptions were presented in Tables 2 and 3. The remaining revenue adequacy assumptions are noted below. Projected meter growth and wastewater flows are shown in Tables 5 and 6. Table 5: Customer Meter Growth from 2019 to 2020 2019 2020 % Change Previous Annual Growth Rate Updated Annual Growth Rate Single Family Residential 9,757 10,025 +2.8% +3.8% +2.0% Multi-Family Residential 2,380 2,457 +3.2% +3.1% +3.1% Government 52 53 +1.9% +0.0% +0.0% MSU 19 19 +0.0% +0.0% +0.0% Commercial 1,132 1,150 +1.6% +1.7% +1.4% Industrial 1 1 +0.0% +0.0% +0.0% Total 13,341 13,705 +2.7% Projected wastewater flows have been adjusted to account for drought-related impacts expected for water sales, which indirectly affect wastewater flows. Table 6 summarizes the projected wastewater flows based on extension of the existing drought through FY22. 473 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 6 of 12 Think Big. Go Beyond. www.ae2s.com Table 6: Projected Wastewater Flows, in CCF 2021 2022 2023 2024 2025 2026 Single Family Residential 490,874 441,786 508,054 518,490 529,494 540,732 Multi-Family Residential 492,968 458,460 504,307 519,470 535,089 551,178 Government 560,246 498,619 548,481 556,403 564,525 572,765 MSU 24,022 21,140 23,254 23,254 23,254 23,254 Commercial 177,796 167,128 183,841 183,841 183,841 183,841 Industrial 24,746 23,261 25,587 25,587 25,587 25,587 Total 1,770,651 1,610,394 1,793,523 1,827,044 1,861,790 1,897,357 O&M Assumptions • 2021 Budget as a basis. • General Inflation: Five (5) percent in 2022, four (4) percent in 2023 and three (3) percent annually thereafter. • Annual Index Rate for Chemicals and Power: Five (5) percent annually. • Annual Index for Labor: Five (5) percent in 2022 and 2023 and four (4) percent thereafter. Utility Cash Balance Assumptions • Total Cash balance at the end of FY20 was $7,471,620. Based on reserve assumptions from the previous analysis, this was assumed to be distributed as follows: o Operating Reserve balance at the end of FY20: $1,318,934. o Bond Covenant Reserve balance at the end of FY20: $1,181,286. o Capital Renewal/Replacement Reserve balance at the end of FY20: $1,686,090. o Rate Stabilization Reserve balance at the end of FY20: $3,285,310. Revenue Adequacy Results Tables 7 and 8 summarize the rate projections developed to address the objectives of meeting revenue requirements, building target reserve levels, equitably recovering costs from user classes, and meeting annual debt coverage requirements. Table 7 lists the projected fixed monthly charges per account by customer class. Table 8 details the volumetric rate components for each user class. The 2018 study results included a recommendation to change the way in which biochemical oxygen demand surcharge (BOD) was charged. The study also included recommendations for updated charges for total suspended solids (TSS), phosphorous (P), and nitrogen (N). AE2S Nexus updated the strength surcharge calculations to account for recent historical strength and flow discharges from the City’s industrial user. Table 9 summarizes the existing and updated surcharge rate calculations. Figure 2 illustrates the projected revenues and expenses through 2026, and Figure 3 depicts projected reserve fund cash balances through the same period. At the projected rate adjustments, Figure 2 shows that revenue requirements are consistently higher than revenues throughout the study period except for 2022 and 2023. The revenue deficiency includes contributions to renewal/replacement reserves, which is 474 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 7 of 12 Think Big. Go Beyond. www.ae2s.com why it appears that overall cash balances are growing despite slight revenue deficiencies. As shown in Figure 3, the utility has healthy reserves that can be strategically utilized to minimize rate impacts while working to correct cost of service inequities identified between some of the user classes in the 2018 analysis. Table 7: Projected Fixed Monthly Wastewater Service Charges FY2022 FY2023 FY2024 FY2025 FY2026 Single-Family Residential $19.58 $19.58 $19.58 $19.58 $19.58 Multi-Family Residential $20.07 $20.07 $20.07 $20.07 $20.07 Commercial $20.07 $20.07 $20.07 $20.07 $20.07 Government $20.07 $20.07 $20.07 $20.07 $20.07 MSU $20.07 $20.07 $20.07 $20.07 $20.07 Industrial $38.98 $38.98 $38.98 $38.98 $38.98 Table 8: Projected Volumetric Flow Rates, in Dollars per CCF FY2022 FY2023 FY2024 FY2025 FY2026 Single-Family Residential $3.28 $3.28 $3.28 $3.28 $3.28 Multi-Family Residential $3.57 $3.64 $3.71 $3.75 $3.79 Commercial $3.93 $4.09 $4.25 $4.42 $4.60 Government $4.01 $4.25 $4.50 $4.73 $4.96 MSU $4.23 $4.57 $4.85 $5.09 $5.19 Industrial $6.00 $6.19 $6.37 $6.56 $6.76 475 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 8 of 12 Think Big. Go Beyond. www.ae2s.com Table 9: Calculated Strength Charges BOD TSS Phosphorus Nitrogen Total Allocated High Strength Cost ($) $1,399,656 $1,657,732 $430,262 $506,958 Total Pounds High Strength to Water Reclamation Facility 3,488,546 4,508,702 109,941 315,890 Calculated Cost ($/Pound) $0.40 $0.37 $3.91 $1.60 Current Charge ($/Pound) $0.35 $0.54 $5.89 $0.46 Like domestic flows, recent historical industrial operations have been impacted in part by the global pandemic. As a result, significant increases or decreases to the strength charges are not recommended until further data is available once businesses return to normal operations. Based on the calculations in Table 9, a recommended near-term approach to strength charge adjustments is shown in Table 10. Table 10: Projected Strength Charges FY2022 FY2023 FY2024 FY2025 FY2026 BOD in excess of 200 mg/L $0.36 $0.37 $0.38 $0.39 $0.41 TSS in excess of 350 mg/L per day $0.54 $0.54 $0.54 $0.54 $0.54 Phosphorus is excess of 5.0 mg/L per day $5.89 $5.89 $5.89 $5.89 $5.89 Nitrogen in excess of 20 mg/L per day $0.50 $0.52 $0.53 $0.55 $0.57 476 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 9 of 12 Think Big. Go Beyond. www.ae2s.com Figure 2: Projected Revenues and Revenue Requirements Figure 3: Projected Wastewater Fund Cash Balances 2.0%2.2%1.9%1.7%1.4% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 8.00% 9.00% 10.00% $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 2022 2023 2024 2025 2026 Total Revenues vs. Total Expenses Total Revenues Total Revenue Requirements Aggregate Rate Increase $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 2022 2023 2024 2025 2026 Projected Wastewater Fund Balances Bond Covenant Reserve Cash Balance O&M Reserve Cash Balance Renewal/Replacement Reserve Cash Balance Rate Stabilization Reserve Balance Bond Reserve Target Operating and Bond Reserve Target Stacked Capital Reserve Target 477 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 10 of 12 Think Big. Go Beyond. www.ae2s.com Figure 4 projects the cost-of-service relationships through the planning period. As established in the 2018 study, the goal of completing cost of service correction is for all user classes to provide revenue at a percentage that comes within +/- 10 percent of the percent of cost associated with the level of service provided. Note that the cost-of-service targets were not updated as part of this rate update. Figure 4: Projected Cost of Service Results (Based on 2018 Targets) 478 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 11 of 12 Think Big. Go Beyond. www.ae2s.com BENCHMARKING Figure 5 compares the wastewater utility billing from all Montana participants in the 2021 Utility Rate Survey serving greater than 5,000 people in 2021. The typical bills shown below based on 6,000 gallons per month (800 cubic feet) of metered flow. At the recommended rates for FY22, the cost for 6,000 gallons of residential wastewater in Bozeman would not change from the existing bill of $45.89. Figure 5: Typical Monthly Residential Wastewater Utility Bill (2021) 479 Summary Memorandum Re: Wastewater Financial Plan Rate Update September 3, 2021 P05097-2021-002 Page 12 of 12 Think Big. Go Beyond. www.ae2s.com SUMMARY OF FINDINGS AND RECOMMENDATIONS The following bullet points summarize the key findings and recommendations developed as part of this rate model update. • It is recommended that the City adopt the adjustments to the wastewater rates shown in Table 11 for FY22 and FY23: Table 11: Recommended FY22 and FY23 Wastewater Rate Adjustments FY22 % Change FY23 % Change Fixed Service Charges 0.0% 0.0% Volumetric Charges and Strength Charges Single Family/Low-Income Residential, per CCF +0.0% +0.0% Multi-Family Residential, per CCF +2.0% +2.0% Government, per CCF +6.0% +6.0% MSU, per CCF +8.0% +8.0% Commercial, per CCF +4.0% +4.0% Industrial, per CCF +3.0% +3.0% Excess Strength Surcharges, per pound: • BOD • TSS • P • N +3.0% +0.0% +0.0% +3.0% +3.0% +0.0% +0.0% +3.0% • Continue adopted approach to funding reserves: o Operating Reserves: Target = 90 days of operating expenses (approximately $1,659,172 in 2022). o Bond Covenant Reserve: 1 Year Total Payment per Bond Covenants (approximately $1,181,286 in 2022). o Renewal/Replacement Reserve: Annual contribution based on minimum calculated renewal/replacement contribution needs ($0 to $1,200,000 annually over the planning period). o Rate Stabilization Reserve: Target = Floating Target Based on reinvestment projections and programmed Rate-Funded Capital and Debt Principal repayment. • Review Wastewater Revenue Adequacy Annually. The City has undertaken this project to obtain a financial tool to assist in management financial health of the Wastewater Utility. Although the projections herein contain proposed rate adjustments through 2026, a change in actual revenues or expenses from those projected could significantly impact the Utility. As a result, it is strongly recommended that the City closely monitor revenues and expenses as compared to those projected in the rate model, adjusting as necessary, and update the projected rate adjustments based on the desired objective of achieving consistent revenue adequacy and meeting cash reserve target balances. 480 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:Resolution 5275 Establishing Rates for Solid Waste Services for FY22 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5275 Establishing rates for Solid Waste services for FY22 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:In the City Manager Recommended Budget and during budget presentations, Solid Waste rates were discussed and the adopted budget. Rates are based on the previous model but with staff's adjustments based on impacts from the pandemic. Currently, the model is being updated for FY23 and beyond along with the outstanding questions from the Commission. A report is expected in the third quarter of FY22 before budget planning. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS: All of the Solid Waste service charges would be effective on the November 15, 2021 bills. The estimated increase in revenue for FY22 is $117,486. Attachments: Solidwaste Rates.docx Resolution - 5275 Solidwaste Rates FY22.docx Report compiled on: September 3, 2021 481 Solidwaste FY22 Rates Background The City’s Solid Waste Fund accounts for the garbage and recycling service provided to citizens. Revenues are comprised of solid waste and recycling fees. Expenses are for personnel, operations, and capital items. Fund balance is sufficient to cover the cost of depreciation and the replacement of a truck in the event we lose the use of one unexpectedly. A rate study was adopted October 2019 and rates were approved based on the recommendations of that study. Rates varied depending on user class with increases focused in the commercial area. Rate Recommendation Rates are based on the previous model as well as staff's adjustments due to impacts from the pandemic. Currently, the model is being updated for FY23 and beyond, along with the outstanding questions from the Commission. A report is expected in the third quarter of FY22 before budget planning. Budget Information: Expenditures have held with some fluctuations in recycling costs and gas prices. There are capital expenditures expected with replacement of the fleet. - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 Solid Waste Fund Financial Trends Revenue Expenditures Fund Balance 482 RESOLUTION 5275 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR SOLID WASTE SERVICES FOR THE CITY OF BOZEMAN. WHEREAS,the City Commission of the City of Bozeman did adopt Ordinance No. 1493 on the 17th day of May 1999, providing for the billing of solid waste collection fees on a monthly basis; and WHEREAS, said Ordinance No. 1493 provides for the setting of fees by resolution; and WHEREAS, the City Commission of the City of Bozeman, following notice and public hearing established a new Rate Schedule for the City of Bozeman’s Solid Waste Fund. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the new rates for solid waste services, based on a 30-day month, shall become effective beginning with the bills due November 15, 2021 as follows: Section 1 – Residential Rates The schedule of rates for residential charges is: Current FY22 35 Gal 1 Pickup Monthly 10.80$ 10.80$ 35 Gallon 14.52$ 14.52$ 45 Gallon 14.52$ 14.52$ 65 Gallon 20.25$ 20.86$ 100 Gallon 25.95$ 26.73$ 220 Gallon 43.34$ 44.64$ 300 Gallon 54.33$ 55.96$ 450 Gallon 78.28$ 80.63$ Recycling 65/100 gal 9.93$ 9.93$ Recycling 300 gal 15.45$ 15.45$ 483 Resolution 5275, Establishing Rates for Solid Waste Services for the City of Bozeman Page 2 of 4 Section 2 – Commercial Rates The schedule of rates for Commercial garbage charges is: Current FY22 Extra Refuse Bags $2 kitchen $6 for yard bag $2 kitchen Extra Pick Up Garbage $10 $15 Extra Pick Up Recycling $0 $15 Clean tote swap charge $0 $15 Tote Delivery Fee $0 $5 Bulky Item Pick Up (per item)$10 $20 Special Events Charge $0 $125 per event $2 per tote per day Extra Recycling $0 $5 Deposit for Tenant 35 gal/45 gal $50 $55 65 gal $65 $75 100 gal $100 $100 Recycling $35 $40 Dumpster Size 1X 2X 3X 4X 5X 6X 2X a Month 2 Cubic Yards 118.58$ 237.16$ 355.73$ 474.31$ 592.89$ 711.47$ 54.73$ 3 Cubic Yards 123.62$ 247.24$ 370.86$ 494.48$ 618.10$ 741.72$ 57.06$ 4 Cubic Yards 128.66$ 257.33$ 385.99$ 514.65$ 643.31$ 771.98$ 59.38$ 6 Cubic Yards 138.75$ 277.50$ 416.24$ 554.99$ 693.74$ 832.49$ 64.04$ 8 Cubic Yards 148.83$ 297.67$ 446.50$ 595.33$ 744.16$ 893.00$ 68.69$ Dumpster Size 1X 2X 3X 4X 5X 6X 2X a Month 2 Cubic Yards 117.33$ 203.68$ 290.03$ 376.38$ 462.72$ 549.06$ 54.20$ 3 Cubic Yards 124.31$ 230.06$ 329.13$ 429.13$ 528.66$ 628.20$ 57.44$ 4 Cubic Yards 136.86$ 256.43$ 369.16$ 481.86$ 594.60$ 707.32$ 63.23$ 6 Cubic Yards 148.05$ 284.28$ 420.51$ 559.39$ 691.87$ 824.34$ 70.51$ 8 Cubic Yards 158.40$ 309.43$ 460.45$ 611.47$ 762.48$ 897.74$ 79.33$ Collection Per Week Current FY22 Collection Per Week 484 Resolution 5275, Establishing Rates for Solid Waste Services for the City of Bozeman Page 3 of 4 The schedule of rates for Commercial cardboard recycling dumpster charges is: Section 3 – Temporary Dumpster The schedule of rates for a temporary dumpster is: Section 4 – Billing Procedures Charges for solid waste services under this schedule shall be made a part of the current monthly bill, to be shown by separate item on such bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent; and if not paid in full by the fifteenth day of the following month, solid waste service to the premises involved may be discontinued, after a ten-day written notice. Section 5 – Late Fee For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 6 – Protests In cases where solid waste service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other solid waste customers, the person or persons against whom such charges are made may apply to the City Manager for an adjustment, stating the circumstances. The City Manager, or his designated representative, may make such adjustment of the charges as is deemed necessary, fair and equitable. 1X 2X 3X 4X 5X 6X 2X a Month Current 31.07$ 62.15$ 93.22$ 124.29$ 155.36$ 184.44$ 14.34$ FY22 34.18$ 68.36$ 102.54$ 136.72$ 170.90$ 205.08$ 15.78$ Collections Per Week Current FY22 Yard/Brush $7.50 Flat Rate - $40/container Household Garbage $15.00 $15/cubic yard, $40 minimum Construction Waste $30.00 $30/cubic yard, $40 minimum 485 Resolution 5275, Establishing Rates for Solid Waste Services for the City of Bozeman Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14 th day of September, 2021; and effective beginning with that billing period which will first appear on the November15, 2021Solid Waste service billing. ___________________________________ CYNTHIS L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 486 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Adoption of Resolution 5324 and Provisional Adoption of Ordinance 2083 for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, and Authorize the City Manager to Sign the Annexation Agreement and Associated Right of Way Easements, Application 21186 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. 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:See the attached staff report for details. Application materials are available at https://weblink.bozeman.net/WebLink/Browse.aspx? startid=237059&cr=1. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 487 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No currently budgeted funds will be affected by the recommended action. Attachments: 21186 Davis and Westlake Annx-ZMA CC staff report.pdf Resolution 5324 - 21186.pdf 6770.002 - Davis 17 ac- Annexation Map - 070821.pdf 21186 Annexation Agreement - Distribution.pdf 6770002 Trail easement-EXHIBIT.pdf Public Access Easement - signed.PDF Public Street and Utility Easement - signed.PDF 6770002 Davis Lane easement-EXHIBIT.pdf Ordinance 2083 - 21186.pdf 6770.002 - Davis 17 ac- Zoning Map - 070821.pdf Report compiled on: August 27, 2021 488 Page 1 of 32 21186 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment Public Hearing: Zoning Commission meeting is on August 23rd, 2021 City Commission meeting is on September 14th, 2021 Project Description: Annexation application 21186 requesting annexation of 17.197 acres and amendment application 21186 of the City Zoning Map for the establishment of a zoning designation of R-5 (Residential mixed-use high density district). Project Location: Northeast corner of the intersection of Westlake Road and Davis Lane, to the south of Interstate 90. Legally described as: All that part of the S ½ NW ¼ of Section 26, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, lying south and west of the south right of way of Highway as stated in bargain and sale deeds book 145, page 19 and film 143, page 646. Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to recommend approval of the Davis and Westlake Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. Report: August 27, 2021 Staff Contact: Chris Saunders, Community Development Manager Karl Johnson, Engineer I Agenda Item Type: Action - Legislative 489 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 2 of 32 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237059&cr=1 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 15.334 acres into the City limits and establish initial zoning of R-5, Residential mixed-use high density district. The property is currently zoned “Agriculture Suburban” (AS) within the county and surrounded to the west and south by the same AS County zoning. Nearby municipal zoning to the south, southeast is B-2 (Community business district) and to the north is M-2 (Manufacturing and industrial district). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Residential Mixed Use” which includes the R-5 district as an implementing zoning district. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street), Westlake Road to the south (a Bozeman classified local street) and E Valley Center Road to the north, (a Bozeman classified principle arterial). Beyond E Valley Center Road is Interstate 90. The proposed annexation would bring in additional right of way to build out Davis Lane and Westlake Road to the full city street classification as would be required with future development. E Valley Center Road to the north already has adequate right of way width and is located entirely within the existing city limits. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with agricultural uses and rural single family to the south still in the county, to the north by right of way and the interstate, and to the southeast by an active construction of future medical facilities. The property has an existing 27 inch sewer main and 12 inch water main running along the property to the west in Davis Lane. There is also a proposed 8 inch water main shown along the southern border of the property. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 490 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 3 of 32 Zoning Commission After conducting the public hearing the Zoning Commission recommended approval on a vote of 3-0 with one abstention. There was one public comment. The item begins at 1 hour and 7 minutes into the video. https://bozeman.granicus.com/player/clip/140?view_id=1&redirect=true Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 11 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18 Spot Zoning Criteria ......................................................................................................... 25 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 26 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 26 491 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 4 of 32 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 27 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 30 APPENDIX D – ADVISORY COMMENTS......................................................................... 30 FISCAL EFFECTS ................................................................................................................. 32 ATTACHMENTS ................................................................................................................... 32 492 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 5 of 32 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Map 2: BCP 2020 Future Land Use Map 493 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 6 of 32 Map 3: Existing City Zoning and Proposed Trails 494 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 7 of 32 495 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 8 of 32 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. The applicant has completed the necessary steps to finalize the annexation. The required easements and annexation agreements have been completed and submitted. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “2021 NE Corner Davis Lane & Westlake Road Annexation.” 2. That the applicant must submit an Annexation map, titled “2021 NE Corner Davis Land & Westlake Road Annexation”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be annexed; unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Davis Lane including paving, lighting, curb/gutter, sidewalk, and storm drainage b. Street improvements to Westlake Road including paving, lighting, curb/gutter, sidewalk, and storm drainage c. Street improvements to E. Valley Center Road including paving, lighting, curb/gutter, sidewalk, and storm drainage d. Intersection improvements for E. Valley Center Road and Davis Lane e. Intersection improvements for Davis Lane and Westlake Road The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The SID waiver will be filed with the County Clerk and Recorder in conjunction with the annexation agreement. 5. The Annexation Agreement shall include the following notices: 496 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 9 of 32 a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The Annexation Agreement must include notice charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. i. The Annexation Agreement must include notice that the City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. j. The Annexation Agreement must include notice that the intersection of Westlake Road and E. Valley Center Road does not meet City standards. The geometry of the intersection may require modification with future development and all necessary right of way to provide for the final design of the intersection shall be provided with future development. 6. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 497 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 10 of 32 7. Due to high groundwater levels in the area no basements are permitted with future development. 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 provides 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. 9. Davis Lane is a Minor Arterial street, which will require a total right-of-way (ROW) width of 100 feet. The subject property is aligned with the future extension of Davis Lane, specifically along the western property boundary. The applicant must provide their respective ROW portion of Davis Lane, which is a width of 50 feet from the centerline running north- south along the western property boundary. The ROW must be provided as a City standard public street and utility easement prior to the adoption of Resolution of Annexation. 10. A 25 foot wide City standard public access easement for a multi-use path adjacent to the frontage of the E. Valley Center Road must be provided prior to the adoption of the Resolution of Annexation. 11. Westlake Road is a local street, which requires a total ROW width of 60 feet. Alignment of Westlake Road does not currently meet city standards as it approaches East Valley Center Road. The alignment of Westlake Road and the access point onto East Valley Center Road must be modified to meet current city standards upon future development of the parcel. The ROW required for Westlake Road must be provided as a public street and utility easement in connection with future development. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. The applicant has indicated that they wish to immediately complete the process and have submitted the necessary materials to meet the contingencies. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment.” All required documents 498 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 11 of 32 must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on September 14, 2021. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 21186. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on this ZMA on August 23, 2021 and recommends approval to the Commission on the Zone Map amendment. 499 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 12 of 32 The City Commission will hold a public hearing on the zone map amendment on September 14, 2021. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the northeast and southeast portions with over 2,368 lineal feet adjacent to existing City limits. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Neutral. The subject property is not surrounded in its entirety but is bordered by the city with over 60 percent of its boundary adjacent to existing City limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is currently vacant, thus not currently contracting with the City for water, sewer or fire protection services. Future development will be required to connect with City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Residential Mixed Use’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. 500 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 13 of 32 Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Davis Lane as a north south western border of the City limits moving south from Interstate 90. In general, from I-90 south until Cattail St., Davis Lane is the border, except for a few parcels which it is anticipated will be annexed in the future. This annexation would further the goal of a consistent north south border along Davis Lane. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide additional right of way for Davis Lane to the west which is designated by the City as a minor arterial as well as Westlake Road to the south which is designated a local street. In addition, along Davis Lane and E Valley Center, the City’s proposed trails plan includes two future trails along the road, a shared use path and meandering trail. This annexation will enhance both the City’s vehicular and pedestrian network by providing future right of way width for these improvements. Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements. Right of way for the E Valley Center shared use path is required as a term of annexation. Right of way to correct a deficient intersection with E Valley Center and Westlake Road is also required as a term of annexation. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 15 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will 501 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 14 of 32 provide notice of this requirement, see Terms of Annexation 5. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The property has proposed or existing 27 inch sewer main and 12 inch water main running along the property to the west in Davis Lane. There is also a proposed 8 inch water main shown along the southern border of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for both Davis Lane to the east and Westlake Road to the south, as well as corridor width for futures north south trails along Davis Lane. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 9-11. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Residential Mixed Use. No change to the growth policy is required. The application includes a request for initial zoning of R-5. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate 502 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 15 of 32 anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Residential Mixed Use” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The City Zoning Commission will be reviewing the requested zoning district designation on August 23, 2021. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on Sept. 14th. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-5, Residential mixed- use high density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and paved to the edge of the subject property. Westlake Road is also adjacent and will be paved with future development. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of annexation 5 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. 503 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 16 of 32 Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. An existing or proposed 12 inch water main and 27 inch sewer main are along the western side of the property, within the Davis Lane right of way. In addition there is a proposed 8 inch water main to the south along Westlake Road. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. City services are not currently being provided to this property as it is vacant. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. 504 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 17 of 32 Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected 505 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 18 of 32 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future 506 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 19 of 32 land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Residential Mixed Use. The Residential Mixed Use designation description reads: “This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single- attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non- residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in lager structures. Stand alone, large, non-residential uses are discourage. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well- integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-5 district is an implementing district of the Residential Mixed Use category. 507 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 20 of 32 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-5 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the northeast and south east portions with over 2,368 lineal feet adjacent to existing City limits. It adds approximately 15 acres to the City limits that is available for urban development while creating a consistent city border along Davis Lane. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. 508 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 21 of 32 Refer to previous response (RC – 3.3 response) B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. As noted in Criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. The annexation and development of this site will facilitate expansion of the non-motorized travel network with placement of a multi-use trail along E Valley Center. This in an important segment in connecting the existing elements of the trail elsewhere along E Valley Center. Present of the trail will facilitate non-motorized travel and recreational activities supportive of personal health. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision 509 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 22 of 32 or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion Met. The R-5 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. The site has wetlands along the western edge. The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Davis Lane as well as Valley Center Road. In addition, the City’s proposed trails plan includes two future trails along the road, a shared use path and meandering trail. Assuming there is a nexus, future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. The site is not yet addressed. The nearest known address is 5020 Westlake Road which has a Walk Score of 3, a Transit score of 7, and Bike Score of 34. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity 510 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 23 of 32 of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent of the R-5 zone is to provide for high density residential development through a variety of housing types and residential supportive commercial uses to create a walkable area to serve the varying needs of the community’s residents. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit. The subject property is adjacent to residential and agricultural uses to the west and high intensity commercial uses to the east (including a proposed medical facility). Creating a more dense residential development with commercial services adjacent to a higher intensity commercial area is a compatible use. In addition, this property is accessed by a minor arterial and is located immediately south of Interstate 90, thus the access and existing street systems are already in place. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Residential Mixed-Use. H. Character of the district. Criterion Met. The proposed R-5 zoning promotes the character of the district as the intent of the Residential Mixed-use High Density District is to: “provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community’s residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi- household dwellings to serve the varying needs of the community’s residents. 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. 511 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 24 of 32 This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-5 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the R-5 envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed R-5 zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Neutral. There are no existing buildings on the subject property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-5 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is excellent access to the city’s services, including streets, thus is able to support a higher intensity of 512 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 25 of 32 uses as allowed within the R-5 zoning district. Furthermore, the proposed R-5 zoning designation is consistent with the BCP 2020 future land use map designation of “Residential Mixed-Use”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. While the proposed use is not an exact match in type or intensity of the adjacent land uses, it is not significantly different from the uses. To the west of the subject property is currently property being used for agricultural purposes and rural single family homes. To the east, the properties are within the city limits and have a zoning designation of Community business district (B-2) and are being developed with a more urban form and higher intensity in land use. Thus, while the R-5 is not the exact same as the adjacent properties, it is a proposed intensity that falls within the range of adjacent properties land uses of rural single family homes and agriculture, and high intensity businesses, and would act as a graduated intensity of use between the adjacent uses. As discussed in Criterion A above, the R-5 zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion Met. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. 513 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 26 of 32 The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on August 1 and August 8, 2021. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. 514 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 27 of 32 As of the writing of this report on August 27, 2021, no written comments have been received on this application. One public comment was received at the Zoning Commission raising several concerns for the application and needs for mitigation with future development. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Residential Mixed Use” in the Bozeman Community Plan. “This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single- attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non- residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in lager structures. Stand alone, large, non-residential uses are discourage. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well- integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-5, Residential Mixed-use High Density District whose intent is to: “provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community’s residents. These purposes are accomplished by: 3. Providing for a mixture of housing types, including single and multi- household dwellings to serve the varying needs of the community’s residents. 515 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 28 of 32 4. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R-5 correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 516 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 29 of 32 517 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 30 of 32 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Bozeman Development LLC, 899 West Foothill Boulevard, Suite G, Monrovia California 91016 (owner changed during review process) Applicant: Cascade Development, LLC. PO Box 11429, Bozeman, MT 59719 Representative: Morrison-Maierle, Inc. 2800 Tech Blvd West, Bozeman, MT 59771 Report By: Chris Saunders, Community Development Manager, Community Development Department APPENDIX D – ADVISORY COMMENTS The following informational items are provided for consideration during the design of development on the site in the future. General 1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. Upon future development, the applicant must confirm seasonal high groundwater level (SHGWL), and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through fall. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. Utilities 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer, and storm sewer systems – The City’s Wastewater Facility Plan calls for the construction of the Davis Lane Lift Station and Norton East Ranch Outfall Diversion. The development is reliant upon the Davis lift station and Norton East Ranch interceptor to provide wastewater service to the proposed development. The lift station and interceptor are under construction however 518 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 31 of 32 the City cannot guarantee the timeline or completion of either. Both must be completed and in operation prior to final plat approval. 2. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer, and storm sewer systems - City’s Water Facilities Master Plan (WFMP) calls for the extension of a 16” main along the East Valley Center Road frontage. Alterative alignments maybe acceptable provided the fundamental looped distribution defined within the facility plan can be achieved. As proposed the fundamental distribution is reliant upon the coordination with the adjacent development. The City must ensure that the coordination has occurred to comply with the WFMP prior to the future preliminary plat adequacy. a. The Billings Clinic project currently has an approved design to construct 16 inch water main near the southeast corner of the subject property. A 16 inch water main must be connected to the water main in the Billings Clinic site and constructed through the subject property to the intersection of Davis Lane and Valley Center Road. The water main in the Billings Clinic site is under construction however the City cannot guarantee the timeline or completion of the water main. The water main must be completed and in operation prior to final plat approval. Transportation 1. Montana Department of Transportation (MDT) must be consulted regarding the requirement of any road or intersection improvements and access on East Valley Center Road. MDT must grant approval for any work within the Valley Center ROW. 2. BMC 38.400.010 Streets (A) – Upon future development, Davis Lane must be constructed to the City’s Minor Arterial street standard. The applicant is advised that any required ROW or public street and utility easement acquisition for the Davis Lane improvements must be in place prior to future subdivision, final plat, or final site plan approval and that offsite easement acquisition may be required at the time of development to allow Davis Lane to be constructed to meet the subject development requirements. 3. BMC 38.400.010 Streets (A) – Upon future development, the intersection of East Valley Center and Davis Lane must be constructed per the City’s Transportation Master Plan Object ID# 11. The applicant is advised that any required ROW or public street and utility easement acquisition for the East Valley Center Road and Davis Lane intersection must be in place prior to future subdivision, final plat, or final site plan approval and that offsite easement acquisition may be required at the time of development to allow the intersection to be constructed to meet the subject development requirements. 519 Staff Report for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Application 21186 Page 32 of 32 4. BMC 38.400.10 Street (A.1) – Upon future development, the development must have a minimum of two street connections to the development that are sufficiently connected to the existing City street network. The applicant is advised that any required ROW or public street and utility easement acquisition for the local roads must be in place prior to subdivision final plat or final site plan approval and that offsite easement acquisition may be required at the time of development. 5. BMC 38.410.040 Blocks - Upon future development, streets must be constructed to an appropriate local street grid through the property that meets block length requirements. 6. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan calls for a multi-use along the property frontage to East Valley Center Road. Upon future development the trail must be constructed through property as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan. The trail must reside completely on the subject property as it will not be allowed within the Valley Center ROW. 7. BMC 38.400.110 (A) Transportation Pathways – The City’s Transportation Master Plan calls for a multi-use along the property frontage to Davis Lane. Upon future development the trail must be constructed through property as defined in the City Parks, Recreation, Open Space, and Trails (PROST) Plan. FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project Documents’ and navigate to application 21186 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237059&cr=1 520 Page 1 of 4 RESOLUTION NO. 5324 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE 2021 NE DAVIS LANE AND WESTLAKE ROAD ANNEXATION, APPLICATION 21186. WHEREAS, the City of Bozeman received a petition for annexation from Cascade Development, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 17.197 acres, located northeast of the corner of Davis Lane and Westlake Road; and WHEREAS, ownership of the land has changed and Bozeman Development, LLC are the current landowners of record of real property described as All that part of the S ½ NW ¼ of Section 26, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, lying south and west of the south right of way of Highway as stated in bargain and sale deeds book 145, page 19 and film 143, page 646, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on September 14, 2021; and 521 Resolution 5324, 2021 NE Corner of Davis Lane and Westlake Road Annexation Page 2 of 4 WHEREAS, a public meeting on said annexation petition was duly noticed and held on September 14, 2021; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on September 14, 2021, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 17.197 acres, to wit: Legal Description A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, 522 Resolution 5324, 2021 NE Corner of Davis Lane and Westlake Road Annexation Page 3 of 4 also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. All as depicted on the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Map. Section 2 The effective date of this annexation is September 18, 2021. 523 Resolution 5324, 2021 NE Corner of Davis Lane and Westlake Road Annexation Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of September, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 524 N36°28'27"E 139.88'S 5 2 ° 5 4 ' 1 9 " E 1 9 8 . 9 7 ' S 5 3 ° 3 2 ' 5 5 " E 9 0 0 . 2 3 ' S 5 0 ° 4 5 ' 2 9 " E 3 6 7 . 0 6 'S3 8 ° 5 2 ' 0 9 "E 6 1 . 8 7 '30'30' 50'N0°36'43"E 163.98'S33°52'39"E 114.05' N89°23'17"W 20.00'N0°36'43"E 685.14'30' 50'30'S0°36'43"W 30.00' S89°41'25"W 30.00' S89°41'26"W 1362.55' N33°52'39"E 91.15'E27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE27 S E27S E27S E27SE27SE16W E16 W E16W E16W E16 W E1 6 W E1 6 W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION MAP M-2 Z O N I N G BOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D ANNEXATION AREA SUMMARY R-5 ZONING: TOTAL ANNEXATION AREA: 17.197 acres (749107.80) Sq. Ft. LEGEND EDGE OF ASPHALT EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE B2 ZO NI N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D U S E: REGI O N A L C O M M E R C I A L AND S E R V I C E S PARC E L A COS 1 6 5 A BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D S27, T 0 1 S, R 0 5 E, ACRE S 3 6. 0 5 PROPOSED ZONINGR-5PROPOSED ZONINGR-5©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Jul/08/2021 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770.002 - Davis 15 ac- Annexation Map - 041921.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11Cascade Development, LLC GALLATIN 6770.002 1"=100' 05/2021 MEE CJF JW 5E 1S 26NW 100 200501000 SCALE IN FEET LEGAL DESCRIPTION A parcel of land being all that part of the S 1 2 NW 1 4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 14 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. WARRANTY DEED DOCUMENT No. 2139716 LESS HIGHWAY RIGHT OF WAY, ALSO COUNTY ROAD RIGHTS OF WAY 17.197 ACRES ALL THAT PART OF THE S 12 NW 14 OF SECTION 26 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS BOOK 145, PAGE 19 AND FILM 143, PAGE 646, ALSO INCLUDING WESTLAKE ROAD COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND DAVIS LANE COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND 27; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTV A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 P.O.B.LOT 2 A MINO R S U B 2 2 1 E IN T E R S T A T E - 9 0 - H I G HW A Y M-2 Z O N I N G PLI Z O NI N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E GALL A TI N C O U N T Y / BOZE M A N A R E A ZONI N G : A S 17.197 acres (749107.80) Sq. Ft. TRAC T 1 COS 3 0 3 5 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N T I A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E EXISTING 27" SEWER MAINE27SE27SE27S PROPOSED 8" WATER MAIN8W8W8W8W8WSECTION 26SECTION 27SECTION 26SECTION 27525 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2021, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and BOZEMAN DEVELOPMENT LLC, 899 West Foothill Boulevard, Suite G, Monrovia California 91016, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis 526 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 2 Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. All as depicted on the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Map. WHEREAS, the then Landowner petitioned the City for annexation to the City of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION; and WHEREAS, the ownership of the property changed during the annexation review process and current Landowner desires to complete annexation to the City of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION; and WHEREAS, the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. 527 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 3 will allow the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESS ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 528 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 4 2. Annexation The Landowner filed an application for annexation of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION with the City on May 4, 2021. By execution of this Agreement, the City manifests its intent to annex the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. Nothing in this Agreement shall obligate 529 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 5 the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees the Landowner must provide water rights or cash in-lieu of water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges 530 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 6 that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Service, prior to development. 7. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or 531 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 7 implied, for it to further develop any of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing 532 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 8 calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. 10. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts (SID) or Special Improvement Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage facilities, and fiber optic conduit for Davis Lane, Westlake Road, East Valley Center Road and signalization improvements for the following intersections: a) East Valley Center Road and Davis Lane and b) Davis Lane and Westlake Road as set forth in Exhibit “A”. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall participate in an alternative financing method for the completion of the improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. C. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 533 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 9 11. Public Street and Utility Easement A. The Landowner understands and agrees that a public street and utility easement must be provided for Davis Lane. The applicant must provide their respective ROW portion of Davis Lane, which is a width of 50 feet from the centerline running north-south along the western property boundary. The ROW must be provided as a City standard public street and utility easement prior to the adoption of Resolution of Annexation. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder’s Office. B. The Landowner understands and agrees that a public street and utility easement must be provided for Westlake Road. Westlake Road is a local street, which requires a total ROW width of 60 feet. Alignment of Westlake Road does not currently meet city standards as it approaches East Valley Center Road. The alignment of Westlake Road and the access point onto East Valley Center Road must be modified to meet current city standards upon future development of the parcel. The ROW required for Westlake Road must be provided as a public street and utility easement in connection with future development. 12. Trail Easement The Landowner understands and agrees that a 25 foot wide City standard public access easement for a multi-use path adjacent to the frontage of the E. Valley Center Road must be provided prior to the adoption of the Resolution of Annexation. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder’s Office. 534 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 10 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Davis Lane, Westlake Road, and East Valley Center Road and its related transportation infrastructure fronting the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION this property must be improved to a City standard at Landowner’s expense. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION municipal services and which are wholly attributable to the property as 535 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 11 determined exclusively by the City are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Assessments Landowner understands and agrees that after this Agreement is recorded the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 16. Groundwater Due to high groundwater levels in the area no basements are permitted with future development. 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 provides 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 536 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 12 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. 17. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. The parties further agree that the City may file these documents at any time. 18. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 19. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 537 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 13 21. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 22. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 24. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 25. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. 538 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 14 LANDOWNER __________________________________________ BOZEMAN DEVELOPMENT LLC By: Title: STATE OF _____________________ ) :ss COUNTY OF ___________________ ) On this ________ day of ____________________, 2021, before me, the undersigned, a Notary Public for the State of , personally appeared ____________________________ known to me to be the ______________________________ of Bozeman Development LLC, and acknowledged to me that they executed the same for and on behalf of Bozeman Development LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of ___________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 539 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 15 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2021, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 540 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 16 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Davis Lane, Westlake Road, East Valley Center Road and signalization improvements for the following intersections: a) East Valley Center Road and Davis Lane and b) Davis Lane and Westlake Road which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more 541 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 17 special districts or special improvement districts for the design and engineering, construction and maintenance of following improvements: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities for Davis Lane, Westlake Road, East Valley Center Road and signalization or other traffic control improvements for the following intersections: a) East Valley Center Road and Davis Lane and b) Davis Lane and Westlake Road. Improvement area for which this waiver applies is all right of way adjacent to the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION and including and between the intersections most near to the 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ANNEXATION. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. 542 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD Annexation Agreement 18 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this _____ day of _________________, 2021. LANDOWNER ______________________________________________ BOZEMAN DEVELOPMENT LLC By: Title: STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2021, before me, the undersigned, a Notary Public for the State of , personally appeared ____________________________ known to me to be the ______________________________ of Bozeman Development LLC, and acknowledged to me that they executed the same for and on behalf of Bozeman Development LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 543 S 5 2 ° 5 4 ' 1 9 " E 1 9 8 . 9 7 ' S 5 3 ° 3 2 ' 5 5 " E 9 0 0 . 2 3 'S3 8 ° 5 2 ' 0 9 "E 6 1 . 8 7 '30'30' 50' 30' 50'30'N89°41'26"E 30.00' N0°36'43"E 30.00' N36°28'27"E 25.00' S89°41'26"W 39.26' N 5 0 ° 4 5 ' 2 9 "W 2 4 5 . 1 6 ' N38°52'09"W 61.39' N 5 2 ° 5 4 ' 1 9 " W 1 9 5 . 7 6 ' N 5 3 ° 3 2 ' 5 5 " W 9 0 0 . 0 9 ' S 5 0 ° 4 5 ' 2 9 " E 2 7 2 . 8 3 ' 20' 25' 25' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2021N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770002 davis lane and trail easement.dwg Plotted by jon c. wilkinson on Aug/20/2021 EXHIBIT A PUBLIC ACCESS EASEMENT FOR MULTI-USE PATH BOZEMAN MONTANA 6770.001 EX. A JCW JCW MEE 08/2021engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net SURVEYOR'S CERTIFICATE I Jon C. Wilkinson, Professional Land Surveyor, License No. 16411LS, do hereby certify that I conducted this easement survey. Dated this ______ day of ____________, 2021 ___________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. # 16411LS Morrison-Maierle WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTSECTION 26SECTION 27V A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 EXHIBIT A A public access easement for multi-use path to the City of Bozeman in, through, and across a strip of land 25 feet wide being all that part of the S 12 NW 14 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the intersection of the north right of way of West Lake Road and the south right of way of Valley Center Road being the Point of Beginning; thence S.89°41'26"W. a distance of 39.26 feet along the north right of way of West Lake Road, thence N.50°45'29"W. a distance of 245.16 feet, thence N.38°52'09"W. a distance of 61.36 feet, thence N.52°54'19"W. a distance of 195.76 feet, thence N.53°32'55"W. a distance of 900.09 feet to the highway right of way, thence along said highway right of way N.36°28'27"E. a distance of 25.00 feet , thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 272.83 feet to the Point of Beginning containing 0.814 acres more or less. P.O.B. WARRANTY DEED DOCUMENT No. 2739738 LESS HIGHWAY RIGHT OF WAY 15.334 ACRES 544 545 546 547 548 549 550 551 552 553 30'30' 50' 30' 50'30'N89°41'26"E 30.00' N0°36'43"E 30.00'N0°36'43"E 624.17'S0°36'43"W 623.85'S89°41'26"W 20.00' S89°23'17"E 20.00' 20' © PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE, INC.,2021N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770002 davis lane and trail easement.dwg Plotted by jon c. wilkinson on Aug/20/2021 DRAWN BY: FLD WK. BY: CHK. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net EXHIBIT A PUBLIC STREET AND UTILITY EASEMENT BOZEMAN MONTANA 6770.001 EX. A JCW JCW MEE 08/2021 EXHIBIT A SURVEYOR'S CERTIFICATE I Jon C. Wilkinson, Professional Land Surveyor, License No. 16411LS, do hereby certify that I conducted this easement survey. Dated this ______ day of ____________, 2021 ___________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. # 16411LS Morrison-Maierle WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTP.O.B. A public street and utility easement to the City of Bozeman in, through, and across a strip of land 20 feet wide being all that part of the S 12 NW 14 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1 4 of Section 26, Township 1 South, Range 5 East; thence N.89°41'26"E. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 30.00 feet to the Point of Beginning being the intersection of the north right of way of West Lake Road and the east right of way of Davis Lane; thence N.0°36'43"E. a distance of 624.17 feet along the east right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence S.89°23'17"E. along said right of way a distance of 20.00 feet, thence S.0°36'43"W. a distance of 623.85 feet to the north right of way of West Lake Road, thence S.89°41'26"W. along said right of way a distance of 20.00 feet to the Point of Beginning containing 0.287 acres more or less.SECTION 26SECTION 27WARRANTY DEED DOCUMENT No. 2739738 LESS HIGHWAY RIGHT OF WAY 15.334 ACRES 554 Ord 2083 Page 1 of 6 ORDINANCE 2083 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 17.197 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, 2021 NE CORNER DAVIS LANE AND WESTLAKE ROAD ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21186. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 16, 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. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 14, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and 555 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 2 of 6 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 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-5 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to 556 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 3 of 6 the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake 557 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 4 of 6 Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. All as depicted on the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment Map. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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.” 558 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 5 of 6 Section 7 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 14th day of September 2021. ____________________________________ 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 ___ of ____________________, 2021. The effective date of this ordinance is ____, ______________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 559 Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 6 of 6 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 560 N36°28'27"E 139.88'S 5 2 ° 5 4 ' 1 9 " E 1 9 8 . 9 7 ' S 5 3 ° 3 2 ' 5 5 " E 9 0 0 . 2 3 ' S 5 0 ° 4 5 ' 2 9 " E 3 6 7 . 0 6 'S3 8 ° 5 2 ' 0 9 "E 6 1 . 8 7 '30'30' 50'N0°36'43"E 163.98'S33°52'39"E 114.05' N89°23'17"W 20.00'N0°36'43"E 685.14'30' 50'30'S0°36'43"W 30.00' S89°41'25"W 30.00' S89°41'26"W 1362.55' N33°52'39"E 91.15'E27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE27 S E27S E27S E27SE27SE16W E16 W E16W E16W E16 W E1 6 W E1 6 W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ZONING MAP AMENDMENT M-2 Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D ZONING AREA SUMMARY R-5 ZONING: TOTAL ZONING AREA: 17.197 acres (749,107.80) Sq. Ft. LEGEND EDGE OF ASPHALT EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE B2 ZO NI N G BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D U S E: REGI O N A L C O M M E R C I A L AND S E R V I C E S PARC E L A COS 1 6 5 A BOZE M A N COM M U NI T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D S27, T 0 1 S, R 0 5 E, ACRE S 3 6. 0 5 PROPOSED ZONINGR-5PROPOSED ZONINGR-5©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Jul/08/2021 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770.002 - Davis 15 ac- Zoning Map - 031021.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11Cascade Development, LLC GALLATIN 6770.002 1"=100' 05/2021 MEE CJF JW 5E 1S 26NW 100 200501000 SCALE IN FEET LEGAL DESCRIPTION WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTV A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 P.O.B.LOT 2 A MINO R S U B 2 2 1 E IN T E R S T A T E - 9 0 - H I G HW A Y M-2 Z O N I N G PLI Z O NI N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E GALL A TI N C O U N T Y / BOZE M A N A R E A ZONI N G : A S 17.197 acres (749,107.80) Sq. Ft. TRAC T 1 COS 3 0 3 5 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N T I A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E EXISTING 27" SEWER MAINE27SE27SE27S PROPOSED 8" WATER MAIN8W8W8W8W8W WARRANTY DEED DOCUMENT No. 2139716 LESS HIGHWAY RIGHT OF WAY, ALSO COUNTY ROAD RIGHTS OF WAY 17.197 ACRES ALL THAT PART OF THE S 1 2 NW 1 4 OF SECTION 26 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS BOOK 145, PAGE 19 AND FILM 143, PAGE 646, ALSO INCLUDING WESTLAKE ROAD COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND DAVIS LANE COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND 27; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, A parcel of land being all that part of the S 1 2 NW 1 4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 14 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less.SECTION 26SECTION 27SECTION 26SECTION 27561 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed- use High Density) on 3.492 Acres, Application 21172 MEETING DATE:September 14, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:An application to rezone two existing lots in the Annie Subdivision, Phase 2 from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High Density). One of the parcels is a stormwater parcel. The Annie Subdivision Phase 2 was platted in 2016 to create three additional parcels from Lot 5 of the Annie Subdivision, Phase 2 platted in 1995. Annie Subdivision, Phase 2 created and dedicated Rose Park as a public park. Both parcels are vacant. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. 562 Attachments: 1.0 A1 - Development Review Application 04-20-2021 - Signed.pdf 2.0 Zone Map Amendment Narrative - 05-18-2021.pdf 4.0 ZMA Map 05-10-2021.pdf 1.2 City Adjoiners -Annie Subd. Ph 2 04-26-2021.pdf 21172 Lot 5C CC SR.pdf Report compiled on: September 1, 2021 563 !{uvzf#\\n{~v\z /}k]V,Rw] /}l]V9]N=+==>|=y^=+=S===x=^=yY>x=^=y=BBBBBBBBBBBBBBH 4]]ZZ]7WdSWd^)Sy^|^xSy+6 (]cRo#]Vfj}z)|5yyg^5T[gg g|y0dS^5^Xh|y7-355 1pS' #]Vfj}z}_/}l]V.+$5 05 )$,#)$+454.5!' +&$5.+$5(.45%1.*554.5 "]z<}zfzc?2@BBBBBBBBBBBBBBBBBBBBBB= %}*}]R "1$25/1535 q}Vm$}zRc] ,#2! 0$#55 ,wU]}_ frZfzcG-> EBBBBBBBBBBBBBBBBBBBA 8]RzZ,wU]}_#]qrfzcG-= =BBBBBBBBBBBBBBBC fsZfzc4f]D-E EBBBBBBLBBBBBBBBBBBBBF fqZfzc&]fceG-= LBBLBLBBBLLLLLLLLBBH ,wU]}`/Rmfzc4RV]G-> EBBBBBBBBBBBBBBBBBI ab}ZRUt]&}izc;,J-K|BBBBBBBBBBBBLLLBBM "Re fz rf]/RmrRzZ;,N-E|BBBBBBBBBBBBBBBBO #]R]#]fR}z3]];,P-E|BBBBBBBBBBBBBQ .]rR#ffV,]iceU}e}}Z"}z]Ri}z,}z] :URz3]z]Rr#fiV#}z}z,}ee]z],}e]R,}e/Rm,}z] # ! "## #### !# # ## 1660 N. 27th Avenue,Bozeman MT 59718 564 565 566 567 568 G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX LOT 5C, AMENDED PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2 ZONE MAP AMENDMENT NARRATIVE The proposed Zone Map Amendment for Lot 5C, Amended Plat of Lot 5, Annie Subdivision, Phase 2 involves taking an existing 152,110 sq. ft. (3.4920 acres) area located at Tschache Lane and N. 27th Avenue zoned R-4 residential high density and rezoning it as R-5 residential mixed-use high density. The proposed area to be rezoned includes a portion of the rights-of-way in Tschache Lane, N. 25th Avenue and N. 27th Avenue. Common Open Space A is also included in the total area. A. Is the new zoning designed in accordance with the growth policy? Yes, the Bozeman Community Plan adopted November 17, 2020 designates the Future Land Use for this property as Urban Neighborhood. The proposed R-5 zoning for the property is in accordance with the Urban Neighborhood Designation, as high-density residential areas are encouraged within this designation. This development pattern is in accordance with many of the goals and objectives laid out in the Bozeman 2020 Community Plan. • Goal N-1: Support well-planned, walkable neighborhoods. o Objective N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps withing the network. o Objective N-1.11 Enable a gradual and predictable increase in density in developed areas over time. Development density within the immediate area has increased in recent years. Development such as the Silver Creek Apartments, Tschache Apartments, and Palisades Apartments are of similar density to what the new R-5 zoning for the proposed area would allow for. The development of the lot would include the installation of City sidewalk along 25th Avenue and Breeze Lane, increasing connectivity of City Sidewalks to the existing City Park to the east. • Goal DCD-3 Ensure Multimodal Connectivity within the City. o Objective DCD -3.5 Encourage increased development intensity in commercial center and near major employers. 569 G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX The proposed zoning change would increase the allowable density for that lot. The lot is located near major commercial development and employment opportunities to the west. B. Will the new zoning secure safety from fire and other dangers? Yes, new zoning will help to secure safety from fire and other dangers by allowing the property to be serviced by the City of Bozeman Fire and Police departments. The property is located approximately 0.6 miles from the Bozeman Fire Station 3 located at 1705 Vaquero Parkway. The proposed area to be rezoned is not located within any known flood plains. C. Will the new zoning promote public health, public safety and general welfare? Yes, the proposed zoning change will promote public health, safety and general welfare by allowing denser residential development that will have immediate access to streets exiting the subdivision, and access to adjacent open space, and a city park. The proposed development will also connect to the City’s road network and water and sanitary sewer systems. The proposed zone map amendment does not put additional burden on any of the municipal or emergency services. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Yes, the proposed zoning change is adjacent to Tschache Lane, N. 27th Avenue, N. 25th Avenue, and Breeze Lane. The roads have sufficient capacity to handle high density development proposed. The recent improvements to N. 25th and Breeze, and existing infrastructure in N. 27th and Tschache Lanes will allow the site to connect to City services. The site is adjacent to a City Park and is located less than a half mile from Emily Dickinson Elementary School. The site is located approximately 1.5 miles from the new high school. These school can be accessed by City sidewalk. The need for additional infrastructure improvement will be determined at the time of site development. E. Will the new zoning provide reasonable provision of adequate light and air? Yes, the city R-5 zoning would provide reasonable provision of adequate light and aired based on the City’s zoning and development standards. The standards set forth in the Unified Development Code for R-5 Zoning and Site Plan Development have been found to adequately address these provisions. Additionally, park dedication requirements for residential development will require either parkland dedication or cash in-lieu of parkland. 570 G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX F. Will the new zoning have an effect on motorized and non-motorized transportation systems? Neutral, the proposed zoning is not likely to have effects on motorized and non-motorized transportation system. The property has access to recent road improvements that should provide adequate service for the development, including a new light at the intersection of Oak Street and N. 27th Ave and the build out of Breeze Lane and N. 25th Avenue. The property will have sidewalk on all four sides at the time of development. Trail exist in the city park and surrounding subdivisions. Additionally, the site is located near existing bus routes. The impact and level of service of the surrounding transportation infrastructure would be reviewed with development of the property under the Unified Development code. G. Does the new zoning promote compatible urban growth? Yes, the new zoning will promote compatible urban growth by allowing for higher density development within the proximity of commercial growth and job opportunities. The future land use map designates the property as Urban Neighborhood. This designation encourages high density residential development, such as those can be proposed within R-5 zoning. The designation correlates to the R-5 zoning proposed by the applicant per the Bozeman 2020 Community Plan. H. Does the new zoning promote the character of the district? Yes, the zone map amendment does not alter the text of the R-5 zoning and is meant to modify the geographical extent of the district. The zone map amendment will change the character only for the subject property, which is vacant. The proposed residential mixed-use high density (R-5) zoning is consistent with the mix of high density (R-4) and medium density residential (R-3) zoning of the adjoining properties. The amendment alters the extent of the zoning district consistent with the mix of medium and high- density zoning on adjoining properties. A number of multi-family high density development exist on surrounding properties. A high-density multi-family development exists near the northeast corner of the property. There are also City Parks, Open Spaces and Commercial areas within a half mile of the property. Any development under the City’s Unified Development Code would require compatibility between uses as outlined in Article 38.500. 571 G:\C&H\21\210040\ZONE MAP AMENDMENT\WORKING DOCUMENTS\210040 - ZONE MAP AMENDMENT NARRATIVE.DOCX I. Does the new zoning address the affected area’s peculiar suitability for particular uses? Yes, the proposed mixed use high-density residential (R-5) zoning adjacent to a city park, commercial and mixed-use zoning and other high density residential developments. The site is appropriately located near Oak Street, a Principal Arterial corridor. The site is appropriately not located near areas of floodplains, wildlife, steep slopes or fire prone areas. J. Was the new zoning adopted with a view to conserving the values of buildings? Yes, the new zoning allows for development similar to that of the surrounding areas. Development under the R-5 zoning would be required to meet necessary setbacks and form requirements outlined in the Bozeman Municipal Code. This is not anticipated to decrease the values of these existing buildings. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages high density residential development in an area designated Urban Neighborhood in the Bozeman 2020 Community Plan. The Bozeman Municipal Code ensures that uses within the new zoning would adequately protect resources, infrastructure, public health and safey. 572 t 573 Page 1 of 1 Adjoining Property Owners: ANNIE SUB PH 2, S02, T02 S, R05 E, Lot 5C, ACRES 2.2612, PLAT J-204-A Bozeman, MT ROOTED INVESTMENTS INC 130 NATIQUE WAY BELGRADE, MT 59714-9313 ANNIE SUB PH 2, S02, T02 S, R05 E, ACRES 0.2204, COMMON OPEN SPACE PLAT J-204-A CONTIGUOUS LAND LINK LLC PO BOX 11811 BOZEMAN, MT 59719-1811 ANNIE SUB PH 2, S02, T02 S, R05 E, Lot 5B, ACRES 1.5378, PLAT J-204-A CONTIGUOUS TEMPEST COURT INVESTMENTS I LLC 2137 DURSTON RD STE 25 BOZEMAN, MT 59718-2804 WEST WINDS SUB PH 1A &1B, S02, T02 S, R05 E, BLOCKS 4 & 7, Lot 1, PLUS OPEN SPACE PLAT J-411 NOT CONTIGUOUS STONERIDGE APARTMENTS LP 283 W FRONT ST STE 1 MISSOULA, MT 59802-4328 WEST WINDS SUB PH 2A & 2B, S02, T02 S, R05 E, BLOCK 8, Lot 5B, PLAT J-445-D NOT CONTIGUOUS FAIRVIEW INVESTMENTS LLC 1725 DESALES ST NW STE 900 WASHINGTON, DC 20036-4404 S02, T02 S, R05 E, ACRES 14.428, TRACT 1 REMAINDER NW4NE4 COS 1256 LESS MS 404 NOT CONTIGUOUS CITY OF BOZEMAN PO BOX 1230 BOZEMAN, MT 59771-1230 ANNIE SUB PH 2, S02, T02 S, R05 E, ACRES 18.512, ROSE PARK, PLAT J-204 CONTIGUOUS G:\c&h\21\210040\Zone Map Amendment\City Adjoiners -Annie Subd. Ph 2.doc 574 Page 1 of 31 21172 Staff Report for the Lot 5C, Annie Subdivision Zone Map Amendment Public Hearing: The Zoning Commission public hearing was held on August 23, 2021 The City Commission public hearing will be held on September 14, 2021 Project Description: Zone Map Amendment application to rezone two existing parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 3.492 acres. Project Location: Property is located on the southeast corner of 27th Avenue and Tschache Lane and addressed as 1660 North 27th Avenue, more thoroughly described as Lot 5C, Amended Plat of Lot 5, Annie Subdivision, Phase 2, situated in Northeast One-Quarter of Section 2, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21172 and move to approve the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Report Date: August 31, 2021 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Application materials are available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237267&cr=1 575 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 2 of 31 Unresolved Issues None identified at this time. Project Summary An application to rezone two existing lots in the Annie Subdivision, Phase 2 from R-4 (Residential High Density) to R-5 (Residential Mixed-Use High Density). One of the parcels is a stormwater parcel. The Annie Subdivision Phase 2 was platted in 2016 to create three additional parcels from Lot 5 of the Annie Subdivision, Phase 2 platted in 1995. Annie Subdivision, Phase 2 created and dedicated Rose Park as a public park. The recently adopted Bozeman Community 2020 Plan altered the Future Land Use (FLU) designation from Residential to Urban Neighborhood. The R-5 zoning district implemented the previous and the current FLU designation, see Appendix C of this report. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Transportation Master Plan 2017 – City transportation plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion  PROST Plan – City’s Parks Trails and Open Space plan Zoning Commission The Zoning Commission considered this item on August 23, 2021. After conducting their public hearing they recommended approval of the application on a vote of 2:2, motion failed. Therefore, a recommendation of not to approval is forwarded to the Commission. The video of the public hearing is available at https://bozeman.granicus.com/player/clip/140?view_id=1&redirect=true Discussion of this item begins at 1:33.09 in the recording. Staff Presentation begins at 1:33.41 Applicant presentation 1:40.41 The Commission discussed a variety of issues related to the application including the adequacy of the applicant submittal. Other issues were proximity of residential services and whether or not future development would include mixed-use and concentration of larger apartment buildings and impacts one type of housing has on adjacent properties and the quality of living. 576 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 3 of 31 No public comments were heard on the application. In conclusion the Commission voted (2:2) to recommend approval of the R-5 zoning designation to the City Commission, the motion failed. Alternatives 1. Approve the application; 2. Approve the application with modifications to the recommended zoning; 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 24 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 31 FISCAL EFFECTS ................................................................................................................. 31 ATTACHMENTS ................................................................................................................... 31 577 Page 4 of 31 SECTION 1 - MAP SERIES Map 1: Vicinity Map of the project site in the City of Bozeman Subject Property 578 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 5 of 31 Map 2: Bozeman Community Plan 2020 Future Land Use Urban Neighborhood Urban Neighborhood Regional Commercial & Services Community Commercial Mixed Use Parks & Open Lands Parks & Open Lands Subject Property 579 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 6 of 31 Map 3: Existing Zoning R-4 R-3 R-1 R-1 M-1 B-2 B-1 R-O R-5 Subject Property 580 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 7 of 31 Map 4: Current Land Use 581 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 8 of 31 Map 5: Proposed Zoning R-5 582 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 9 of 31 Map 6: ¼ Mile Radius (1,320 feet or approx. five minute walk) 583 Page 10 of 31 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-5 shall be identified as the “Lot 5C Annie Subdivision Phase 2 Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled "Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment." The map must be supplied as a PDF. This map must be acceptable to the City Engineer's Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted of the Norton Ranch Zone Map Amendment (ZMA). The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application at this time. The Zoning Commission held a public hearing on this ZMA on August 23, 2021 and forwarded a recommendation to the City Commission on the Zone Map amendment. The meeting was held electronically via WebEx. Instructions for joining the meeting were provided and were included on the meeting agenda. The meeting began at 6 p.m. 584 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 11 of 31 The City Commission will hold a public hearing on the zone map amendment on September 14, 2021. The meeting will be held electronically via WebEx. Instructions for joining the meeting will be included on the meeting agenda. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The future land use designation for this property was modified with the recent adoption of the Bozeman Community Plan 2020 on November 17, 2020, Bozeman Community Plan 2020 (BCP 2020). The Future Land Use Map in the Bozeman Community Plan 2020 shows the subject property as Urban Neighborhood. This designation correlates with several zoning districts including R-5 as proposed by the applicant. Community Commercial Mixed Use and Public Institution designated properties are nearby. The applicant’s narrative states that the proposed zoning is in accordance with the Growth Policy because, “… The proposed R-5 zoning for the property is in accordance with the Urban Neighborhood Designation, as high-density residential areas are encouraged within this designation. 585 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 12 of 31 This development pattern is in accordance with many of the goals and objectives laid out in the Bozeman 2020 Community Plan. Goal N-1: Support well-planned, walkable neighborhoods. Objective N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. Objective N-1.11 Enable a gradual and predictable increase in density in developed areas over time.” Staff concurs with this statement and provides additional analysis. The minimum residential density in the R-4 district is eight (8) dwelling units per net acres while the R-5 is eight (8) dwelling units per gross acre. Building heights and lot coverage are greater in the R-5 zone (an additional story depending on construction) and parking requirements are less. Net residential density is defined by section 38.700.130. To determine net density area used for streets, parks, commercial and industrial area, or common open space is excluded from the total area of the site. Calculating the gross residential density is simple dividing the total number of residential units from the total area of the project. Numerous residential developments are in various stages of construction in the immediate vicinity. They include the Timber Ridge Apartments to the west which is a senior residential development (30 units), the Tschache Apartments to the east (54 units), Silver Creek Apartments to the south (118 units), Bozeman West Apartments to the east (184 units), and the Palisades development to the south (25 units). The City hosts a “residential density” mapping tool to help illustrate density in the City. The direct link is included below. https://bozeman.maps.arcgis.com/apps/webappviewer/index.html?id=95ccbe423fde446baa1e f8171659417f As noted in the Appendix C below, permitted general and group residential uses are identical between the R-4 and R-5 zoning districts. However, there are differences in permitted accessory and non-residential uses category. Namely, accessory restaurants and retail uses are permitted in the R-5 zone. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future 586 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 13 of 31 land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the urban area in the City’s adopted land use plan. As shown on the maps in Section 1, the property is designated as Urban Neighborhood. The subject property is surrounded by other Urban Neighborhood designated properties. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood category. 587 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 14 of 31 The future land use map excerpt included in Section 1 shows locations for commercial and residential in the vicinity. Additional commercial, mixed use, residential designations are nearby. Therefore, the proposed higher density (R-5) area is in proximity to commercial mixed use areas as suggested in the Urban Neighborhood description. The zoning map amendment is in accordance with the future land use map. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Staff finds this application supports some goals and objectives of the community plan and undermines others. Conflict with the text of the growth policy hasn’t been identified. Large swaths of single type zoning, in this case high density residential, is difficult to harmonize with the goals of the community plan. Similarly, large areas of high density zoning does not lend to the City’s desire to promote housing diversity or perhaps more importantly, missing middle housing. There is no specific definition of how big is “large” as used in the growth policy. On the other hand, high density zoning promotes housing for certain segments of population and the R-5 zoning district allows for a variety of uses that promotes aspects of neighborhood development. Analyzing the pros and cons of this application must be done within the existing and possible future character of the vicinity. While the Community Plan does not define the geographic extent of a neighborhood or area of influence, Community Development frequently uses the area within a quarter-mile of the subject property. This numeric value changes based on site specific conditions, the size of a development area, and other influences. In other words, it may be appropriate to consider a larger or smaller catchment area for analysis and in this case is larger. See Map 6 ¼ mile radius. The closest coffees top is approximately a nine minute walk and one half mile in distance. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, in particular within already developed areas. It is inconsistent with this approach to zone for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 588 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 15 of 31 Adding 3.2713 acres of developable R-5 zone will allow for nominally more housing than R- 4. However, the reduction in parking requirements and greater height allowance allows more intensive development. The districts minimum residential densities will indicate apartment construction. Apartments are only one type of housing while the City encourages a variety to all housing configurations for all individuals and families. The principals applied in the Plan identify that a variety of housing is needed. Further, the City supports policies that maintain and build neighborhoods designed to provide equitable access to amenities and opportunities for all. Housing type diversity within neighborhoods helps ensure community benefits are available to households of different size, income, and age. Mixed neighborhoods can help provide the density of people needed to support nearby commercial activities. Staff finds the application does not fully support Goal N-1: Support well-planned, walkable neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing middle housing. The R-5 district is designed to support apartment through higher minimum densities although it does allow for a wide range of housing types. Townhomes and rowhouse are allowed although our development industry has not focused attention on this type of missing middle housing. This theme is co-listed with Goal N-3: Promote a diverse supply of quality housing units and objective N-3.8 that is intended to promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. The Bozeman Strategic Plan includes an additional goal (4.5) under the heading of Housing and Transportation Choices that intends to “Vigorously encourage, through a wide variety of actions, the development of attainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes.” The area is developing with substantial residential density nearby. A variety of goods and services are relatively close. The site is served by Streamline allowing greater mobility beyond the car. The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale development with a diverse mixture of possible uses. The R-5 district can help to absorb a portion of the growth that is projected for the City and allows limited commercial activity to support that residential activity. Supported goals include the following. “Goal N-3: Promote a diverse supply of quality housing units.” The R-5 district allows construction of the full range of residential buildings in the City. This supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. 589 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 16 of 31 “Goal DCD-1: Support urban development within the City.” The proposed zoning is the City’s most intense residential zoning district. Minimum densities are higher and parking requirements are less. Any future development will be required to occur at urban densities and will be within the City. “DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what justifications support a change in zoning. This application addresses two of those justifications. First, a change in correlation between zoning and growth policy, and second, the owner requests the change and can meet required standards. This report determines the required standards can be met. No material conflicts with the growth policy have been identified. Considering this analysis as a whole, staff finds this criterion is met and the application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. The property is vacant, except for a partially constructed stormwater facility on the northwest corner of the property. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. Potential future development of the site will require compliance with the City’s Unified Development Code which ensures the promotion of public health, safety, and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. An 8” water service line surrounds the property. Sewer service lines exist in Breeze Lane to the south and 27th Avenue to the west. 590 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 17 of 31 The proposed amendment will enable more intensive development than the zoning that exists now. The new zoning also provides for a range of uses and possible intensity of development. It is difficult to state definitively what level of services are required by the zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity and conformance with adopted standards. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The Annie Subdivision Phase II dedicated parkland anticipating future residential development, Rose Park. The park is shown on the plat as Rose Park totaling 18.512 acres. E. Reasonable provision of adequate light and air. Criterion met. Ensuring public health and safety is integral for the City’s adopted regulations. As with all zoning districts, the R-5 district includes setbacks from property lines adequate to meet this standard. The form and intensity standards, Division 38.320, require minimum separation from property lines, limits building heights, limits lot coverage with buildings, and maximum volume of buildings on a site. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Neutral. The requested change in zoning from R-4 to R-5 will not itself impact the motorized and non-motorized transportation system. The future land uses and intensity of development are not entirely known. The primary uses in the R-4 and R-5 zone are the same, residential. However, the mix of residential and commercial uses allowed under the proposed zoning could have the effect of providing goods, services, and employment opportunities in 591 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 18 of 31 close proximity to existing and future residences, thereby reducing the number of trips or distance traveled per trip into other areas of the City to meet the residents’ needs. The property is located at the corner of North 27th Avenue (a Collector Street according to the Bozeman Transportation Master Plan, 2017) and Tschache Lane. Development of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks. Adopted standards include provisions for pedestrians, bicycles, and motor vehicles. Currently the site has direct bus service with two Streamline routes travelling the Tschache Lane corridor, the Blue and Red lines. Streamline service map excerpt: Streamline Service Map, subject property highlighted with a star The site is addressed at 1660 North 27th Avenue and has a Walk Score of 42, a Transit Score of 22, and Bike Score of 48. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. Subject Property 592 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 19 of 31 G. Promotion of compatible urban growth. Criterion met. The future land use map designates the property Urban Neighborhood. The Urban Neighborhood designation correlates with several zoning districts including R-5 zoning, as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.700.040 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows the R-5 district is more permissive for retail and restaurant activity although those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. The form and intensity standards for residential districts are in 38.320.030. Comparing R-4 and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive development. The more intensive development elements allowed in the R-5 district 593 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 20 of 31 are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to be meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; F. Maintains and enhances property values within Bozeman.” The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” Staff concludes that although the R-5 is different than the surrounding zoning to some degree it is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. 594 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 21 of 31 H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal seeks to amend the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. The proposed R-5 district is predominantly residential in character. It is adjacent to other residentially zoned areas or commercially zoned areas developed as residential uses. Existing housing is of a mix of scales. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is an open field. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development to be compatible with adjacent development and uphold the residential character of the area. See also Criterion I. The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies on residentially supportive commercial uses, emphasis added. Both districts provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. Therefore, this criterion is met. 595 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 22 of 31 I. Peculiar suitability for particular uses. Criterion met. The proposed zoning changes bumps density and intensity opportunities for the area being rezoned. And as noted in criterion H above, the functional difference is on the supporting uses allowed in the district. The recently adopted Bozeman Community Plan 2020 which changed the underlying growth policy designation from Residential to Urban Neighborhood indicates the City desires considerably more residential development in this area of the City. Other adjacent uses include commercial, service activities, and low density through high density residential uses. Although the scale of these uses is rather spread out, the uses are mixed. Therefore, the incremental intensity of uses allowed by the R-5 district is not incongruent with the prevailing and anticipated uses in the vicinity. J. Conserving the value of buildings. Criterion met. The property is currently vacant although the surrounding area hosts many residential and commercial buildings and, if approved and is constructed, will included many more residential buildings. R-5 zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land. In this case, urban-scale residential and mixed-use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? 596 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 23 of 31 No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ The differences between R-4 and R-5 are small and not significant. Although intensity may be different the permitted uses are not. Please refer to Appendix C below for a complete list of permitted and not permitted uses. As a result, the proposed R-5 zoning designation would not result in primary uses of the site which are significantly different from prevailing and planned land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The proposed zoning change benefits one property owner who is the applicant. However, the R-5 zoning designation is an implementing district to the Urban Residential land use designation and may be utilized by any other property owners who wish to employ the R-5 district to their respective property. The proximity of this site to supporting residential development and other commercial areas will generally be conducive to simultaneous emergence of residential and commercial activities, as supported by the BCP 2020, see Goal N-2, and the many residents will benefit from the change because the developable area is sufficient to accommodate a variety of buildings and activities for numerous possible individuals. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. No substantial negative impacts to the surrounding landowners or the general public have been identified due to this amendment. While the number of landowners who will directly benefit from the proposed zone map amendment is small (one), the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been identified due to this amendment. The proposed R-5 zoning designation will allow for a variety of uses conducive to the Urban Neighborhood land use designation. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. 597 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 24 of 31 Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Prowell II, LLC, property owner and the applicant Jason Zalac, applicant, seeks to amend the zoning map for approximately 3.492 acres of an existing lots from R-4 (High Density Residential) to R-5 (Residential Mixed-Use High Density). The parent tract was subdivided in 1995 and further subdivided in 2016 to create three developable tracts of record for residential development. The recently adopted Bozeman Community 2020 Plan altered the Future Land Use designation from Residential to Urban Neighborhood. The proposed zoning is in accordance with the Community Plan designations. Urban utilities and services are available. The property is a generally flat that is unconstrained by natural or human caused hazards. There are no structure on the property. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice of the application and public hearings was published in the Bozeman Daily Chronicle on August 8, 2021. Notice was sent via first class mail to adjacent landowners and posted on the property on August 7, 2021. No public comments have been received at the time of publication of this report. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of: Urban Neighborhood. 598 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 25 of 31 The Urban Neighborhood category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Zoning Designation and Land Uses: The applicant has requested R-5 (Residential Mixed-Use High Density). The R-5 district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in compact, walkable areas to serve the needs of the community’s residents. Single and multi-household dwellings are allowed, along with offices and small-scale retail and restaurants as secondary uses. This district is appropriate for areas adjacent to mixed-use districts and/or served by transit. 599 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 26 of 31 Sec. 38.310.030. - Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations(38.360.160)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P Two-household dwelling (38.360.210) — — P P P P P — 600 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 27 of 31 Three household dwelling or four-household dwelling (38.360.210) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.240) P 2 P2 P P P P P P 3 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P 3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.150)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.135)* and related services S S S S S S S S Notes: 601 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 28 of 31 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.140) * A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A 602 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 29 of 31 Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.260) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.260) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.220) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S Essential services Type II* P P P P P P P P 603 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 30 of 31 Essential services Type III* 2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — Golf courses C C — — — — — — General service establishment* — — — — — — P 5 — Offices* — — — — S 3 S 3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C 3 P — Recreational vehicle parks (38.360.200)* C — — — — — — P Restaurant* — — — — — P 4 P 5, 6 — Retail* — — — — — P 4 P 5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses S — — — — — — — 604 21172 Lot 5C, Annie Subdivision Zone Map Amendment Page 31 of 31 Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non- residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Prowell II, LLC, 45 Sheffield Place, Southinton, CT 06489 Applicant Jason Zalac, 4 Cloninger Lane, Bozeman, MT 59718 Representative: C&H Engineering & Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials https://weblink.bozeman.net/WebLink/Browse.aspx?startid=237267&cr=1 605