HomeMy WebLinkAbout10-12-21 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 FY2021 Standard Audit Contract (Donald)
F.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 12, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
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If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting
the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting.
If you are not able to join the Webex meeting and would like to provide oral comment you may send a
request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
the City Clerk will call you during the meeting to provide comment.
You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
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Amount of $498,361.83 from the Library Foundation for Architectural Services for Phase 2
and 3 of the Bozeman Public Library Expansion(Henderson)
F.4 Authorize the City Manager to Accept a Montana Department of Homeland Security Grant
for the Bozeman Fire Department(Waldo )
F.5 Authorize the City Manager to Sign a Notice of Award and Sign a Bid Purchase Agreement
for One Year of Polymer for the Bozeman WRF with the Option of Two (2) Additional Years
Upon Mutual Agreement of the City of Bozeman and Selected Vendor Neo-Solutions(Tom
Radcliffe)
F.6 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with Marilyn Collins, with Four Ts Limited Partnership, and with Bart V. and
Myrna H. Thompson for the Griffin Drive and Manley Road Street and Stormwater
Improvements Project(Lonsdale)
F.7 Authorize City Manager to Sign a Professional Services Agreement with Morten Group, LLC
for Facilitation of the Community Roundtable on Equity & Inclusion(Mihelich)
F.8 Authorize the City Manager to Sign a Professional Services Agreement with Burn &
McDonnell for Solid Waste Recycling and Compost Evaluation and Rate Model
Update(Donald)
F.9 Authorize the City Manager to Sign a Professional Services Agreement and Task Order 1 with
Baker Tilly for Housing and Economic Development Project Financial Analysis and Related
Services(Fine)
F.10 Authorize the City Manager to Sign Task Order 2 and Task Order 3 with Economic and
Planning Systems, Inc. (EPS) for Advice on Policies and Practices Related to Applications for
Tax Increment Financing Assistance, and Professional Services Concerning Economic
Development and Community Housing on a Time and Materials Basis(Fine)
F.11 Authorize the City Manager to Sign Task Order EDD21-003 with Sanderson Stewart for
Design of Railroad Crossing Improvements Related to Quiet Zones at North Rouse Avenue
and North Wallace Avenue(Fine)
F.12 Authorize the City Manager to Sign Task Order MID 21-004 with Sanderson Stewart for
Engineering Services on the N. 5th Ave. Sewer Project(Fine)
F.13 Resolution 5343 Intent to Consider the Mountains Walking Growth Policy Amendment to
Amend the Future Land Use Map from Urban Neighborhood to Community Commercial
Mixed Use at Property Addressed as 414 N Plum Avenue and Legally Described as Lots 18,
19, & 20, Block 50, of the Northern Pacific Addition(Hyde)
F.14 Resolution 5344 Intent to Consider the South 3rd Growth Policy Amendment to Modify the
Future Land Use Map from Public Institutions to Urban Neighborhood, Addressed at 2303
South 3rd Avenue, Application 19309(Rogers)
F.15 Resolution 5347 Authorizing the Use of an Alternative Project Delivery Contract for a
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General Contractor / Construction Manager for Preconstruction and Construction Services
for the Bozeman Public Library Expansion(Henderson)
F.16 Authorize the City Manager to sign a Utility Easement with One 11 Lofts Owner, LLC for the
One 11 Lofts SP (20456)(Johnson)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Mayoral Proclamation
H.1 Proclaiming Indigenous Peoples' Day(Andrus)
I.Special Presentation
I.1 One Valley Housing Report (Andreasen)
J.FYI / Discussion
K.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Levi Stewart, Interim Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing. Individual claims
in excess of $100,000: to be announced in weekly e-mail from Interim
Accounting Technician Levi Stewart.
Report compiled on: September 30, 2021
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Memorandum
REPORT TO:City Commission
FROM:Kristin Donald, Finance Director
SUBJECT:Authorize the City Manager to Sign a FY2021 Standard Audit Contract
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve the the authorization of the City Manager to sign a FY2021
Standard Audit Contract
STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to
monitor, track and improve the planning and delivery of City programs and
services, and promote greater accountability, effectiveness and efficiency.
Learn from those outside city government and measure specific tasks for
performance.
BACKGROUND:Section 2-7-503 MCA requires that a financial report be prepared for every
fiscal year. This statute also requires a biannual audit of this report –
including the accounts, financial records, and transactions of all
administrative departments of the City – by independent certified public
accountants selected by the City Commission. The City Commission and City
Administration have historically believed that an annual audit provides a
higher level of financial assurance and fiscal integrity than a biannual audit,
and this intention is expressed in Section 5.09 of the City Charter.
This agreement is with the audit firm Anderson ZurMuehlen & Co., P.C for
the Fiscal Year 2021.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None, this agreement is budgeted for each year.
Attachments:
City of Bozeman 2021 Audit Contract.pdf
Anti-Discrimination Clause.pdf
Report compiled on: September 28, 2021
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AuditContract.11-2020 Page 1 of 13 11/2020
DEPARTMENT OF ADMINISTRATION
STANDARD AUDIT CONTRACT
This Contract is made this 26th day of September ,2021 , by and among
Anderson ZurMuehlen & Co., P.C.
Certified Public Accountant
("Contractor"),
City of Bozeman, Montana
Governmental Entity
("Entity"),
and the Montana Department of Administration, Local Government Services,("State"),acting under the
authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. The State’s mailing address, phone
number and e-mail address are P.O. Box 200547, Helena, MT 59620-0547; (406) 444-9101; and
LGSPortalRegistration@mt.gov.
1.Effective Date:This contract is not effective with respect to any party until it is approved and signed by
the State, as required by Section 2-7-506(3), MCA. The Contractor may not begin any audit work until
the State gives this approval. If the Contractor begins work before the State’s approval of the contract and
the State subsequently does not approve the contract, the Contractor is not entitled to receive any
compensation for the work performed.
2.Audit Period and Payment:This contract covers the following audit period(s):
July 1, , 2020 to June 30 , 2021 .
A.The Entity shall pay the Contractor for the audit work on the basis of time and necessary out-of-pocket
expenses, which will not exceed:
$ 53,000 for initial (or sole) audit covering 07/01/2020 to 06/30/2021.
$ for subsequent audit covering to .
$ for subsequent audit covering to .
The Entity shall pay the fees listed in Appendices A, B & C, as applicable, which are attached hereto
and incorporated by reference. Any change to the audit fees requires a contract amendment.
B.The contract payments do not include the cost of additional work that may be required if the Contractor
discovers a defalcation or material irregularity. Any change in the scope of the audit services to be
provided under this contract requires a contract amendment.
C.The Contractor may submit interim bills to the Entity each month, based upon the estimated percentage
of contract completion. The Entity may retain ten percent (10%)of each of these estimates until the
Contractor has delivered the final audit report, at which time the Entity shall release the amount
retained.
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3.Peer Review: The Contractor shall provide the Entity with a copy of its most recent external peer review
report and any letter of comment, and any subsequent peer review reports and letters of comment received
during the contract period.
4.Audit Scope:The Contractor shall perform the following:
A.The Contractor shall conduct the audit in accordance with (i)generally accepted auditing standards
adopted by the American Institute of Certified Public Accountants and (ii)the standards applicable to
financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States.
The Contractor shall opine on the presentation of the Entity’s financial statements in accordance with the
Entity’s applicable financial reporting framework prescribed at Section 2-7-504, MCA.
If the Contractor’s opinion on the Entity’s financial statements is other than unmodified, the Contractor
shall fully discuss the reasons with the Entity in advance of issuing a report. If, for any reason, the
Contractor is unable to complete the audit or is unable to form or has not formed an opinion, the
Contractor may decline to express an opinion or decline to issue a report as a result of the engagement.
B.The Contractor shall perform tests of internal control over financial reporting.Findings resulting from
these tests shall be reported in accordance with Government Auditing Standards
C.The Contractor shall perform tests of the Entity’s compliance with provisions of laws, regulations,
contracts, and grant agreements. The Contractor shall use the local government compliance supplement
prepared by the State, as required by Section 2-7-505(2), MCA, in conjunction with Government
Auditing Standards to determine the compliance testing to be performed during the audit.Findings
resulting from these tests shall be reported in accordance with Government Auditing Standards.If the
Contractor becomes aware of fraud, waste or abuse, the Contractor shall report related findings in
accordance with Government Auditing Standards. The Contractor shall perform tests, including but not
limited to the following, to determine whether:
(1)the Entity has complied with all appropriate statutes and regulations, as required by Section 2-7-
502, MCA;
(2)the Entity has complied with the provisions of each of its debt covenants and agreements;
(3) if the audit is of a county, city or town, the Entity has retained money in a local charge for services
fund contrary to the requirements of Sections 17-2-301 through 17-2-303, MCA,as required by
Section 17-2-302, MCA. The Contractor shall report any findings of noncompliance with the
provisions of these statutes,regardless of materiality; and
(4)if the audit is of a county or consolidated city/county government, the Entity has complied with
state laws relating to receipts and disbursements of agency or custodial funds maintained by the
Entity, as required by Section 2-7-505, MCA.
If required by the State, the Contractor shall provide documentation of testing performed to comply with
(3) and (4), above.
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D.When applicable, the audit must meet all requirements of the Federal Single Audit Act of 1984, as
amended, and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). If these federal
regulations are amended, the amended regulations will prevail.
E.The audit scope with regard to federal financial assistance for each fiscal year covered by this contract
must be as specified in Appendices A,B and C. Any change to the audit scope with regard to federal
financial assistance requires a contract amendment.
F. Except as provided below, for purposes of determining the scope of the audit, the Entity is considered
the financial reporting entity as defined in the Entity’s applicable financial reporting framework
prescribed at Section 2-7-504, MCA.This provision does not preclude the Entity from engaging a
different audit firm for the audit of a segment,fund or component unit of the Entity. However, both the
Entity and Contractor shall notify the State whenever the Entity elects to engage a different audit firm for
the audit of a segment,fund or governmental component unit. Such additional audit must be contracted
for on the State’s Standard Audit Contract, and the audit firm shall be on the Roster of Independent
Auditors authorized to conduct audits of Montana local governments that is maintained by the State.
If this contract is for an audit of a segment, fund, or governmental component unit of the primary
government, the Entity is considered to be the segment, fund or component unit.
G.Any school district audit must also include auditing procedures sufficient to provide an opinion as to
whether the following supplemental information is fairly stated in relation to the basic financial
statements:
(1)the school district's enrollment for the fiscal year or years being audited as reported to the Office of
Public Instruction in the Fall and Spring “Student Count for ANB” reports; and
(2)when applicable, the extracurricular funds for pupil functions.
H.If the Entity is a school district or associated cooperative, the Contractor shall contact the State Office of
Public Instruction and the county superintendent of schools before or during the audit of the Entity. The
Contractor shall determine whether those offices are aware of potential financial or legal compliance
problems relating to the Entity that could affect the scope of the audit.
I.The Contractor shall immediately notify the Entity and the State in writing of any material irregularities
it discovers. If the Entity is a school district or special education cooperative, the Contractor shall also
immediately notify the State Office of Public Instruction in writing.To notify the State, Contractors
shall email LGSPortalRegistration@mt.gov to the attention of the Local Government Services Bureau
Chief. To notify the State Office of Public Instruction, Contractors shall email
OPIAuditReport@mt.gov to the attention of the OPI Auditor.
J.The Contractor shall notify the Entity of all proposed audit adjustments and, if the Entity concurs, shall
obtain written acceptance of these proposed adjustments. The State reserves the right to request
documentation of these proposed and accepted audit adjustments.
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AuditContract.11-2020 Page 4 of 13 11/2020
5.Entity’s Responsibilities:The Entity shall be responsible for:
A.its basic financial statements, including note disclosures;
B.all supplementary information required by its applicable financial reporting framework prescribed at
Section 2-7-504, MCA and by provisions of this contract;
C.establishing and maintaining effective internal control over financial reporting, including internal
controls related to the prevention and detection of fraud;
D.ensuring that it complies with the laws, regulations, contracts and grant agreements applicable to its
activities;
E.making all financial records and related information available to the Contractor;
F.the schedule of expenditures of federal awards required for audits conducted under Uniform Guidance;
G.approving all proposed audit adjustments before posting, if the Entity concurs with the proposed
adjustments;
H.adjusting the financial statements and accounting records to correct material misstatements and to agree
with the audited financial statements;and
I.providing the Contractor, at the conclusion of the audit engagement, with a letter that confirms certain
representations made during the audit, including an affirmation that the effects of any uncorrected
misstatements aggregated by the auditor during the current engagement and pertaining to the latest
period presented are immaterial, both individually and in the aggregate, to the financial statements taken
as a whole.
6.Dates for Annual Financial Report or Trial Balance of Accounts:The Entity shall prepare its annual
financial report or a trial balance of accounts no later than the dates specified in Appendices A, B and C. If
the Entity is unable to prepare its annual financial report or trial balance by the date specified in the
Appendices, the Entity shall notify the Contractor and the State in writing prior to the specified dates.
7.Beginning the Audit:The Contractor shall begin the audit field work based on the schedule established in
Appendices A, B and C. Under Section 2-7-503(3)(a), MCA, all audits must commence within nine months
from the close of the last fiscal year of the audit period.
8.Completion of Audit:The Contractor shall deliver the audit report to the Entity and the State, based on the
schedule established in Appendices A, B and C. If the Contractor cannot deliver the audit report to the Entity
and the State on the date specified in the Appendices, the Contractor shall notify the Entity and the State in
writing of that fact, and the reason(s) for the delay.Under Section 2-7-503(3)(a), MCA, all audits must be
completed and the reports issued within one year from the close of the last fiscal year covered by the audit. If
the audit is conducted in accordance with the provisions of Uniform Guidance, the Contractor shall complete
the audit and issue the audit report within the time period required by that federal regulation, unless a longer
period has been agreed to in advance by the federal cognizant or oversight agency for audit. If the Entity has
requested and received an extension of the due date of the Uniform Guidance from a federal agency, the Entity
shall submit a copy of the approved extension to the State.
9.Due Date Extension: The State may grant an extension to the Entity for filing the audit report beyond the
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AuditContract.11-2020 Page 5 of 13 11/2020
one-year due date provided for in paragraph 8, above. To do so, the Entity shall make a request to the State in
writing and shall show good cause for the delinquency or demonstrate that the failure to meet the deadline
provided for in paragraph 8, above, was the result of circumstances beyond the Entity’s control. The State will
determine good cause or circumstances beyond the Entity’s control based on the facts of each case.
10.Presentation of Audited Financial Statements:The final audit report must contain basic financial statements
and supplementary information consistent with the applicable financial reporting framework prescribed at
Section 2-7-504, MCA. In addition, other supplementary information required by provisions within this
contract and by Uniform Guidance must also be included, if applicable.
A.The final audit report must also contain any supplementary or other information as agreed upon by the
Entity and Contractor.
B.If the Entity’s accounting records or other circumstances do not permit financial statements to comply
with the applicable financial reporting framework prescribed at Section 2-7-504,MCA, the Contractor
shall notify the State of those conditions and describe the financial statements that will be presented.
The applicable auditor’s reports must be modified in accordance with professional standards to reflect a
departure from the applicable financial reporting framework.
C.If the audit is of a school district with separate elementary and high school district general funds, the
general funds must be combined as a single major fund. All other funds must be separately considered
for major fund criteria.
D.If the audit is a biennial audit covering two years, the Contractor shall present complete financial
statements as specified above for each year covered by the audit. However, note disclosures for both
fiscal years may be in one set of notes, with separate fiscal year disclosures as necessary. The two years
must be presented under one audit report cover and opined upon in one Independent Auditor’s Report.
11.Auditor’s Reports:All audit reports must contain the following auditor's reports, which must comply with
applicable professional standards in effect for the fiscal year or years being audited:
A.a report on the financial statements of the Entity;
B.a report on internal control over financial reporting and on compliance and other matters based on an
audit of financial statements performed in accordance with Government Auditing Standards.
C.a reference to a report disclosing any deficiencies in internal control or instances of noncompliance with
provisions of contracts or grant agreements or abuse that have a less than material effect on the financial
statements but warrant the attention of management or those charged with governance.This report must
be referred to in the report required in 11.B.above.
D.a report on any supplementary or other information presented in the audit report. This report must be
given in an “other matters” paragraph(s)of the auditor’s report on the financial statements (11.A.above),
and shall identify, if applicable:
(1) Any Required Supplementary Information (RSI), as required by the Governmental Accounting
Standards Board.
(2)Any Supplementary Information (SI) included in the report to comply with provisions of laws,
regulations, contracts, or grant agreements. For the following schedules,the Contractor shall report
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AuditContract.11-2020 Page 6 of 13 11/2020
on whether the information is fairly stated, in all material respects, “in relation to” the financial
statements as a whole, unless the condition of the financial records do not allow the auditor to
render such an opinion:
a)schedule of school district “Student Count for ANB” required in paragraph 13.A.;
b)schedule of school district extracurricular fund financial activities required in paragraph
13.B.;
c)schedule of expenditures of federal awards required by Uniform Guidance and in paragraph
12.A.; and
d)Any supplementary information for financial reporting frameworks required by A.R.M.
2.4.401.
(3) Any Other Information (OI)for financial reporting frameworks required by A.R.M. 2.4.401.
(4) Any Other Information (OI) that is included in the audit report, if deemed appropriate in accordance
with professional standards.
E.a report disclosing the action taken by the Entity to correct any deficiencies or implement any
recommendations contained in the prior audit report. This report must be in a format that specifically
identifies, by title or summary, each deficiency or recommendation contained in the prior audit report
and the action taken by the Entity on each such deficiency or recommendation.
F.If the Contractor includes audit findings in the reports referenced in 11.B. and 11.C.above, the views of
Entity officials and their planned corrective actions must also be included, as required by Government
Auditing Standards, if they are available at the time the Contractor submits the audit report to the State.
If the views and planned corrective actions are not available at that time, the Contractor shall so indicate
in the reports.
12.Single Audits:All audit reports for single audits done in accordance with Uniform Guidance must contain the
following:
A. a schedule of expenditures of federal awards, prepared by the Entity, which must contain all elements
required by Uniform Guidance.
B.a report on the schedule of expenditures of federal awards. This report may be combined with other
reports as provided by Uniform Guidance and professional standards. This report must comply with
applicable professional standards in effect for the fiscal year or years being audited.
C.a report on compliance for each major program and a report on internal control over compliance in
accordance with Uniform Guidance. These reports must refer to the separate schedule of findings and
questioned costs described in paragraph 12.D.of the contract and must comply with applicable
professional standards in effect for the fiscal year or years being audited.
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AuditContract.11-2020 Page 7 of 13 11/2020
D.a schedule of findings and questioned costs which must include the information required by Uniform
Guidance.
E.an Entity-prepared document,separate from the Contractor’s findings,that describes the Entity’s
corrective action plan in accordance with Uniform Guidance for each current-year audit finding,if that
plan is available at the time the Contractor submits the audit report to the State. This document should
be submitted on Entity letterhead and should include a corrective action plan for each finding, regardless
whether the finding is identified in accordance with Uniform Guidance or Government Auditing
Standards.
13.School Districts:School district audit reports must include the following as supplementary
information/schedules:
A.a schedule of the district's enrollment as reported to the Office of Public Instruction for the fiscal year or
years being audited. The schedule must contain the enrollment both as reported in the Fall and Spring
“Student Count for ANB”reports and as documented by the school district's enrollment records; and
B.a detailed schedule of extracurricular fund financial activities.
14. Local Governments Reporting on Non-GAAP Financial Reporting Framework: Audit reports of local
governments that report on a non-GAAP financial reporting framework as provided in A.R.M. 2.4.401 must
include any Supplementary Information and Other Information required in that administrative rule.
15.Written Report to Entity:The Contractor shall render a single, written report for the Entity audited,
including the reports and schedules referenced in paragraphs 11 through 14 above.
16.Exit Conference:Before submitting the final audit report, the Contractor shall hold an exit review conference
in which the audit results are discussed with those charged with governance and other appropriate Entity
officials and employees. The Contractor shall ensure that all members of the governing body and key
members of management are notified of this exit conference. The Contractor further agrees that before the
exit conference, it will not discuss the audit findings with anyone other than the Entity or the State. Once the
Contractor delivers the final audit report to the Entity,the report is deemed to be a public record.
17.Report Distribution:The Contractor and Entity shall file copies of the audit report as specified below:
A.The Contractor shall provide the Entity with the number of copies of the audit report specified in
Appendices A, B and C.The cost of those copies is included in the total price for the engagement as set
out in paragraph 2.A., above, and in the Appendices.
B.The Contractor shall submit one of the copies referred to in 17.A., above,to the attorney for the Entity.
C.Upon request by the Entity, the Contractor shall provide additional copies of the audit report at a price
per copy agreed upon by the Entity and Contractor.
D.The Contractor shall provide the State with a text-searchable, unlocked, and unencrypted electronic copy
of the audit report at no charge. The report must be submitted to the State at the same time when the
Contractor delivers the final audit report to the Entity.Any report delivered separately to management or
those charged with governance identifying findings and recommendations as described in 11.C. above
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must be submitted electronically at the same time the audit report is submitted. The Contractor shall
advise the State, at the time of submitting the electronic report,of the date the final report was delivered
to the Entity, the date of the audit report, the actual number of hours the Contractor spent conducting the
audit, the total audit fee billed the Entity, and whether the audit was conducted in accordance with the
provisions of Uniform Guidance.
E.If the Entity is a school district or associated cooperative, the Contractor shall provide at no additional
charge copies of the audit report to the Office of Public Instruction, the county superintendent of schools,
and the county attorney.
F.If the Entity is a city or town fire department relief association disability and pension fund, the
Contractor shall provide at no additional charge one copy of the audit report to the city or town clerk.
G.If the audit is a single audit conducted in accordance with the provisions of Uniform Guidance, the
Entity shall provide copies of the reporting package defined in Uniform Guidance and the data collection
form to the federal clearinghouse designated by OMB.
18.Entity Response:If not included in the audit report as provided in paragraphs 11.F. and 12.E.,within 30 days
after receiving the audit report,the Entity shall notify the State in writing as to what action it plans to take to
correct any deficiencies or implement any recommendations identified or contained in the audit report as
required by Section 2-7-515, MCA, and ARM 2.4.409. This notification must also address any findings and
recommendations identified in any report to management or those charged with governance described in 11.C.
above. If the audit is a single audit conducted in accordance with Uniform Guidance, this corrective action
plan must also meet the requirements of Uniform Guidance. If the Entity is a school district or special
education cooperative, the Entity shall also send a copy of this notification to the Office of Public Instruction.
19.Entity’s Attorney:If requested by the State, the attorney for the Entity shall report to the State on the actions
taken or the proceedings instituted or to be instituted relating to violations of law and nonperformance of duty
as required by Section 2-7-515(4), MCA. The attorney shall report to the State within 30 days after receiving
the request.
20.Certification of Auditor Independence:The Contractor certifies that, as required by generally accepted
government auditing standards, it and its principals and employees are independent in all matters regarding
this engagement. This contract must not include non-audit services.The Contractor shall neither arrange for
nor accept other work with the Entity that could in any way impair the Contractor's compliance with
professional independence standards. If required by the State,the Contractor shall provide documentation
that independence has been maintained in both mind and appearance as required by professional auditing
standards.
21.Contractor and Subcontractors:The Contractor shall not assign any rights, or subcontract or delegate any
duties of the contract without the Entity’s and State’s prior written consent.
The Contractor is the prime contractor and is responsible, in total, for all work of any subcontractors. Any
subcontractors performing audit work shall be on the Roster of Independent Auditors authorized to conduct
audits of Montana local governments that is maintained by the State.The Contractor is responsible to the
Entity and the State for the acts and omissions of all subcontractors or agents and of persons directly or
indirectly employed by such subcontractors or agents. There is no contractual relationship between any
subcontractor and the State.
22 State Participation in Conferences:The State may participate in all entrance and exit conferences between
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the Entity and Contractor, as well as all major conferences held in conjunction with the audit of the Entity.
23.Access to Records:The Contractor shall give the State and, when required by law, the Montana Legislative
Audit Division, access to the Contractor's work programs, supporting working papers, time records, and all
other documents relating to the audit. Access to these documents must be provided at the State's offices in
Helena, Montana. Access to working papers includes the right of the State to obtain copies of working papers,
as is reasonable and necessary. The Contractor shall make the work programs and supporting working papers
available to the State for use by the State or other public accounting firms as directed by the State in future
audits of the Entity. The Contractor shall make the audit programs and supporting working papers available to
the cognizant or oversight agency for audit or its designee, federal agencies providing direct or indirect
funding, or the U.S. General Accounting Office, if requested. Access to working papers includes the right of
federal agencies to obtain copies of working papers, as is reasonable and necessary. The Contractor shall
retain the audit report, work programs, and supporting working papers for a minimum of five years from the
date of the audit report, unless the State notifies the Contractor to extend the retention period. If professional
standards or other applicable laws, rules, or regulations require a longer retention period, the Contractor shall
retain the above materials for that specified period.
24.State Review of Report:As provided by Section 2-7-522, MCA, the State shall review the Contractor’s audit
report. If the State determines that reporting requirements have not been met, it will notify the Entity and the
Contractor of the significant issues of noncompliance. The Contractor shall correct the identified deficiencies
within 60 days of notification.
25.Independent Contractor:The Contractor is an independent contractor and neither its principals nor its
employees are employees of the State or Entity for any purposes.
26.Workers’ Compensation:The Contractor certifies that it carries Workers’ Compensation for its employees
and that it has either elected Workers’ Compensation or has an approved Independent Contractor’s Exemption
covering the Contractor while performing work under this contract. (Montana Code Annotated, Title 39,
Chapter 71).
27.Indemnity: The Contractor shall defend and indemnify the State and Entity, their elected and appointed
officials, agents, and employees from and against all claims, causes of action, damages, liabilities, court costs
and attorney fees in favor of the Contractor’s employees or third parties for bodily or personal injuries, death,
or damage to property arising from the acts or omissions or alleged acts or omissions of the Contractor and/or
its agents, employees, representatives, assigns, subcontractors under this contract. This defense and indemnify
obligation does not apply to acts or omissions arising from the sole negligence of the State or Entity under this
contract. This defense and indemnity obligation survives termination or expiration of this contract.
If the Contractor is or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or
sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the
extent that such obligation is or may be a direct or indirect result of the Entity’s intentional or knowing
misrepresentation or provision to the Contractor of inaccurate or incomplete information in connection with
this engagement, and not any failure on the Contractor’s part to comply with professional standards, the Entity
shall defend and indemnify the Contractor against such obligations.
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28. Insurance –Commercial General Liability: The Contractor shall maintain for the duration of the contract,
at its cost and expense, occurrence coverage insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work by the Contractor, and/or its
agents, employees, representatives, assigns, or subcontractors. The Contractor's insurance coverage shall be
primary insurance for the Contractor’s negligence with respect to the State and Entity and their elected
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the State and
Entity and their officers, officials, employees or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
Insurance -Professional Liability: The Contractor shall purchase and maintain occurrence coverage to
cover such claims as may be caused by any act, omission, negligence of the Contractor or its officers, agents,
representatives, assigns or subcontractors.
If occurrence coverage is unavailable or cost-prohibitive, the state will accept ‘claims made’ coverage
provided the following conditions are met: 1) the commencement date of the contract must not fall outside the
effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years,
and 2) the claims made policy must have a three-year tail for claims that are made (filed) after the cancellation
or expiration date of the policy.
The State and Entity may require complete copies of certificates of insurance during the term of this contract.
29.Compliance with Laws:
A.The Contractor shall, in performance of work under this contract, fully comply with all applicable
federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the
Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. The Contractor is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable
Care Act [P.l. 111-148, 124 Stat. 119]. Any subcontracting by the Contractor subjects subcontractors to
the same provisions.
B.In accordance with 49-3-207, MCA, and Executive Order No. 04-2016 the Contractor agrees that the
hiring of persons to perform this contract will be made on the basis of merit and qualifications and there
will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to
pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or
condition, genetic information, sexual orientation, gender identity or expression, national origin,
ancestry, age, disability, military service or veteran status, or marital status by the persons performing
this contract.
30.Work Accommodations:The Entity shall provide the Contractor with reasonable space in which to conduct
the audit and shall respond promptly to requests for information as well as for all necessary books and records.
Support for clerical, equipment, reproduction services shall be agreed upon by the Entity and the Contractor as
specified in Appendices A, B and C.
31.Termination before Audit Commences:Before the commencement of the audit, either the Contractor or the
Entity, with the State’s consent, or the State alone, may terminate this contract for cause if another party has
breached a material term or condition of this contract or violated an applicable law or regulation. The non-
breaching party shall provide the other party written notice of the breach and allow 20 days to remedy the
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AuditContract.11-2020 Page 11 of 13 11/2020
breach.
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The Contractor and the Entity may agree to terminate this contract without cause before the commencement of
the audit. If such a termination occurs, the State shall consent to the termination upon written notification by
the Contractor and the Entity of their agreement to terminate this contract.
The State, however, will not consent to the cancellation of an audit contract for the sole purpose of allowing
the Contractor and Entity to then enter into a new contract that extends the number of fiscal years to be audited
by the Contractor. Unless there are extenuating circumstances, the existing audit contract must be completed
first. This provision does not prohibit the cancellation of a contract for the purpose of replacing an annual
audit with a biennial audit.
32.Termination after Audit Commences:After the audit has commenced, but before the audit report has been
issued, either the Contractor or the Entity, with the State’s consent, or the State alone, may terminate this
contract for cause if another party has breached a material term or condition of this contract or violated an
applicable law or regulation. The non-breaching party shall provide the other party written notice of the
breach and allow 20 days to remedy the breach. If the Contractor is the breaching party and fails to remedy the
breach, the Contractor is not entitled to the fee set out in this contract. This is the Entity’s and the State’s sole
remedy. If the Entity is the breaching party, the Entity shall pay the Contractor a pro rata portion of the fee set
out in this contract, based on the percentage of work completed at the time of termination. This is the
Contractor’s sole remedy.
The Contractor and the Entity may agree to terminate this contract without cause after the audit has
commenced but before the audit report has been issued. If such a termination occurs, the State shall consent to
the termination upon written notification by the Contractor and the Entity of their agreement to terminate this
contract.
33.Contractor Compliance with CPE and Quality Control Review:The Contractor certifies compliance with
the continuing professional education requirements and the external quality control review requirements as set
out in Government Auditing Standards, as established by the Comptroller General of the United States. The
State may require the Contractor to provide evidence that it has met the above requirements.
34.Single Audit Act Certification:If the audit is required to meet the requirements of the Single Audit Act of
1984,as amended,and Uniform Guidance,the Contractor certifies that neither it nor any of its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
performing audits by any Federal department or agency.
35.Time is of the Essence: Time is of the essence regarding all provisions of this contract.
36.Governing Law and Venue:This contract is governed by the laws of Montana. The parties agree that any
litigation concerning this contract in which the State is named as a party must be brought in the First Judicial
District in and for the County of Lewis and Clark, State of Montana. Each party shall pay its own costs and
attorney fees, except as otherwise allowed in this contract. The parties also agree that any litigation
concerning this contract in which the State is not named as a party must be brought in the State of Montana
Judicial District in the County in which the Entity is located.Each party shall pay its own costs and attorney
fees, except as otherwise allowed in this contract.
37. Notice:All notices under this contract must be in writing and will be deemed given if delivered personally, by
mail, certified, return receipt requested, or by e-mail. All notices will (a) if delivered personally, be deemed
given upon delivery, (b) if delivered by mail, be deemed given upon receipt, or (c) if delivered by e-mail be
deemed given upon receipt.
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38.Invalid Provision:If any provision of this contract is held to be illegal or unenforceable and the parties’ rights
or obligations will not be materially and adversely affected, such provision will be (a) severed from the
contract, (b) the contract will be interpreted as if such provision was never a part of the contract and (c) the
remaining provisions will stay in effect.
39.Authority:Each party represents that the person signing this contract has the authority to bind that party.
40.Entire Agreement and Amendment:This contract and the attached Appendices contain the entire
understanding and agreement of the parties. No modification or amendment of this contract is valid unless it
is reduced to writing, signed by the parties, and made a part of this contract.
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Contractor, Entity, and State have executed this Standard Audit Contract on the date first above written:
Certified Public Accountant
Anderson ZurMuehlen & Co., P.C.
Firm Name
By: Date:September 26, 2021
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
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AuditContract.11-2020 Page C1 11/2020
APPENDIX A
Initial or Sole Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406.587.2303 Address: PO Box 1230
Telephone:(Street Address or P.O. Box)
Bozeman , MT 59771
(City/Town)(Zip Code)
Kristin Donald ; kdonald@BOZEMAN.NET
Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING
FIRM (CONTRACTOR): Anderson ZurMuehlen & Co., P.C.
406.556.6160 Address: 1019 E. Main Street
Telephone:(Street Address or P.O. Box)
Bozeman , MT 59601
(City/Town)(Zip Code)
Jessica Van Voast, CPA, Shareholder; jvanvoast@azworld.com
Contact Person(s) and E-Mail Address(es)
1.Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending
June 30 , 2021 .
(Month & Day)(Year)(Year)
B. Date to commence audit work: September 2021
C. Date to submit final audit report
to Entity and State:December 31, 2021
2.Time and Price for Engagement:
A.Estimated total hours - 480
B.Price for audit personnel $53,000
Price for Travel
Price for typing, clerical
and report preparation
Total price for this
engagement $53,000
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AuditContract.11-2020 Page C2 11/2020
3.The reporting entity contains the following discretely presented component units:N/A
4.Date Annual Financial Report or a trial balance will be available:September 2021
5.Number of copies of audit report Contractor will provide to Entity: __PDFs only
6.The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor
as follows:
The City will provide access to copies electronically
7.The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), or
such other dollar amount ($____________)that is effective for the fiscal year(s) being audited.
OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federal
regulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________)that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Anderson ZurMuehlen & Co., P.C.
Firm Name
By:Date:September 26, 2021
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By:Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By:Date:
Approved By
21
APPENDIX D
Anti-Discrimination Clause
Required by Commission Resolution 4250.
The Contractor agrees not to discriminate in the fulfillment of this Agreement on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability.
The Contractor agrees that this requirement shall apply to the hiring and treatment of the
Contractor’s employees and to all subcontracts.
ANDERSON ZURMUEHLEN &CO., P.C.
By: Jessica Van Voast, Shareholder
22
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a
Donation in the Amount of $498,361.83 from the Library Foundation for
Architectural Services for Phase 2 and 3 of the Bozeman Public Library
Expansion
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign a Letter of Agreement accepting a
donation in the amount of $498,361.83 from the Library Foundation for
Architectural Services for Phase 2 and 3 of the Bozeman Public Library
Expansion.
STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural
"infrastructure" as the city grows.
BACKGROUND:On August 17, 2021 the City Commission approved an Agreement between
the Bozeman Public Library, the Bozeman Public Library Foundation, and the
City of Bozeman for Phase 2 and 3 of the Bozeman Public Library Expansion
to address growing program needs, in addition to expanded meeting room
space.
This project will be completed in three phases:
• Phase 1 – Community Engagement & Conceptual Design (completed June
30, 2021)
• Phase 2 – Final Design
• Phase 3 – Construction
This Letter of Agreement confirms the understanding reached by all parties
and sets forth the terms and conditions of a contribution by the Bozeman
Public Library Foundation to the City of Bozeman for Architectural Services
for Phase 2 and 3 of the Bozeman Public Library Expansion.
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.
23
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The Bozeman Public Library Expansion will be funded by the Library
Foundation through a combination of capital reserves and donor
contributions. Funding needed to support preconstruction and construction
services will require a subsequent Letter of Agreement for accepting
additional donations once a General Contractor / Construction Manager is
selected.
Attachments:
Bozeman Public Library Expansion Project - Phase 2 and 3 -
Letter of Agreement.docx
Report compiled on: September 30, 2021
24
Letter of Agreement
October 12, 2021
RE: Architectural Services for Phase 2 and 3 of the Bozeman Public Library Expansion—
Letter of Agreement
This letter of agreement (the “Agreement”) confirms the understanding reached by the parties
and sets forth the terms and conditions of a contribution by the Bozeman Public Library
Foundation (“BPLF”) to the City of Bozeman (“City”) for Architectural Services for Phases 2
and 3 of the Library Expansion.
1. Parties to the Agreement and Notices:
a. For BPLF
Contact: Janay Johnson, Director
Address: 626 East Main; Bozeman MT 59715
b. For City of Bozeman
Contact: Cyndy Andrus, Mayor
Address: 121 N. Rouse Ave; Bozeman MT 59715
2. Background:
Details of the project and the specific responsibilities of each party are outlined in the Agreement
between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of
Bozeman signed and executed on August 17, 2021.
The Library Expansion Planning Committee has selected MSR Design for Architectural Services
for Phase 2 and 3 work. MSR Design’s fee is $476,361.83 plus reimbursable expenses estimated
to be a total of $22,000.
3. BPLF Responsibilities:
a. Perform a wire transfer in the amount of $498,361.83 payable to the City no later than
October 31, 2021.
4. City of Bozeman Responsibilities:
a. Utilize the funds exclusively for Architectural Services for Phase 2 and 3 of the
Library Expansion Project.
b. Return any unused funds to BPLF at the completion of Phase 2 and 3.
c. Highlight BPLF’s funding and involvement in the project in press releases or other
promotional activities.
25
5. Acceptance:
By signing below, the undersigned represent that they are authorized to act on behalf of their
respective parties and to bind their respective parties to the terms of this Agreement, and that the
undersigned parties have read, understand and agree to the above.
Bozeman Public Library Foundation:
Signed: ____________________________
Janay Johnson, Director
Date: ______________________________
City of Bozeman:
Signed: _____________________________
Jeff Mihelich, City Manager
Date: _______________________________
26
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Accept a Montana Department of Homeland
Security Grant for the Bozeman Fire Department
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize City Manager to accept a Montana Department of Homeland
Security grant for the Bozeman Fire Department
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On September 20, 2021 the Fire Department was notified that their grant
request for hazardous material sustainment funding was being awarded. In
accordance with administrative order 2014-01 the City Commission must
authorize the City Manager to accept this grant as it exceeds $20,000. The
grant award is for $40,000, as the State Department of Homeland Security is
allocating $20,000 for both FY-22 and FY-23 as part of this grant. There are
no matching funds required for this grant. These funds are for the annual
support of the Fire Department’s regional hazardous materials team. The
award package requires the completion of the National Cybersecurity
Review, which has been completed by our Information Technology
department.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by Commission
FISCAL EFFECTS:$20,000 in grant revenue in FY-22 and FY-23
Attachments:
State Hazardous Materials Grant Routing Form.pdf
State Hazardous Materials Grant Obligating Document for
Award.pdf
Report compiled on: September 22, 2021
27
28
29
Memorandum
REPORT TO:City Commission
FROM:Tom Radcliffe, WRF Superintendent
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Sign a Bid
Purchase Agreement for One Year of Polymer for the Bozeman WRF with the
Option of Two (2) Additional Years Upon Mutual Agreement of the City of
Bozeman and Selected Vendor Neo-Solutions
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Award bid to Neo-Solutions to supply NS4413 polymer for one year at a cost
of $1.489 per pound delivered to the Bozeman WRF.
With the option of two (2) additional years upon mutual agreement of the
City of Bozeman and Neo-Solutions.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City of Bozeman WRF purchases approximately 124,000 pounds of this
product per year.
Bids for this product were advertised on September 5th 2021 and opened on
September 17 2021.
Staff went through the competitive sealed bidding process and received
two(2) responses. Neo-Solution Inc. were the lowest bid at $1.489 per
pound. Due to the volatile polymer raw materials market and shipping
charges the contract is for one(1) year with the option of two (2) additional
years upon mutual agreement of the city and Neo-Solutions.
The first year of this contract will be approximately $185,000.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Suggested by City Commission
FISCAL EFFECTS:This polymer cost has been accounted for in the WRF budget.
Attachments:
Notice to Award 2021.docx
Purchase Agreement 2021-2023.docx
Bid form.pdf
30
Report compiled on: October 1, 2021
31
NOTICE OF AWARD
Dated:
TO: Neo Solutions
ADDRESS: P.O. Box 26 Beaver, PA 15009
CONTRACT FOR: To supply a year's worth of Polymer for the Bozeman
WRF at $1.489 per pound delivered to the Bozeman WRF.. With the option
of (2) additional years upon mutual agreement of the City of Bozeman and
Neo. Solutions
You are notified that your Bid opened on September 17, 2021 at 2 p.m. for
the above Contract has been considered. You are the apparent Successful
Bidder and have been awarded a Contract for the: Purchase of a year's worth
of NS4413 polymer at a $1.489 per pound delivered to the Bozeman. With
the option of (2) additional years upon mutual agreement of the City of
Bozeman and Neo. Solutions
One (1) copy of the Contract Documents has been signed and accompanies this Notice of Award
for your records.
CITY OF BOZEMAN, MONTANA
BY: (CITY
MANAGER)
BY:
(CITY CLERK)
DATE:
32
Agreement for Purchase of ___________
FY2020-2021
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2021-2023
(“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, ____________, _______________,
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 __________________________, 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 ___________________(_______________)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.
33
Agreement for Purchase of ___________
FY2020-2021
Page 2 of 7
Seller agrees to delivery to the Cityin a fully operational status and all accessories properly
installed no later than __________________. Delivery will occur at
________________________________________, Bozeman, MT 59715, or at a place otherwise
designated in writing by the City. If delivery of the Property and/or performance of services
required under this Purchase Agreement cannot be made Seller shall promptly notify the City of
the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for
any reason fails to deliver the Property or perform required services within the time specific or to
the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore
without liability except for good or services previously provided and accepted. The City’s receipt
or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of
any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon
delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure
that it meets Specifications as modified by Seller’s responses which have been accepted by City.
If the Property meets the Specifications, City shall tender the purchase price stated above to Seller
through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms
shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods
and services by the City, whichever occurs last. Payment will be made to Seller at the address
previously stated unless Seller provides a different address in writing.
5.Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140,
Title 2, United States Code, and all regulations promulgated thereunder.
Seller represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
34
Agreement for Purchase of ___________
FY2020-2021
Page 3 of 7
6.Default/Termination/Remedies:In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in theProperty, 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.
35
Agreement for Purchase of ___________
FY2020-2021
Page 4 of 7
9.Insurance/Indemnification:The Seller shall insure the Property for a minimum
of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the City by reason of any injury or loss, including but not
limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city
of the Property.
10.Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11.Entire Agreement: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12.Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14.Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
36
Agreement for Purchase of ___________
FY2020-2021
Page 5 of 7
15.Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
16.Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
17.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
18.Dispute Resolution:
a.Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b.If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
37
Agreement for Purchase of ___________
FY2020-2021
Page 6 of 7
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
38
Agreement for Purchase of ___________
FY2020-2021
Page 7 of 7
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By___________________________By____________________________
Jeff Mihelich City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
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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 Marilyn Collins, with Four Ts Limited
Partnership, and with Bart V. and Myrna H. Thompson for the Griffin Drive
and Manley Road Street and Stormwater Improvements Project
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign Temporary Construction Permits and
Right-of-Way documents with Marilyn Collins, with Four Ts Limited
Partnership, and, with Bart V. and Myrna H. Thompson for the Griffin Drive
and Manley Road Street and Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project generally consists of construction of a new three-lane roadway on
Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter,
separated multi-use pathways on both sides, a traffic signal at Manley Road,
lighting and utility improvements. The project also includes construction of
approximately 200 feet of Manley Road from Griffin Drive to the south end
of the Manley Road reconstruction project, which was completed in 2020. In
order to construct these improvements it is necessary to acquire the right of
way described herein. The attached documents have been executed by the
property owners, and are necessary for the completion of the project. The
valuations used for these acquisitions were established through the work of
Sanderson Stewart.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The total cost is of these agreements is $90,523.00 with $83,990.00 for
Compensation for the Public Use Easement, $1,500.00 for Temporary
Construction Easements, $2,267.50 for Administrative Settlements, and
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$1,160.00 for Costs to Cure, and $1,605.50 for Closing costs. The funds for
this are part of SIF113 Griffin (7th to Rouse) - Construction.
Attachments:
20211012_P17_Marilyn Collins_for City signature.pdf
20211012_P13_Four Ts Limited Partnership_for City
signature.pdf
20211012_P31_Vance and Myrna Thompson_for City
signature.pdf
Report compiled on: September 27, 2021
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Page 1 of 2 - 9/9/2021
MLHC Buyer’s Escrow Instructions
Montana Title & Escrow, Inc.Date: September 9, 2021
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Phone: (406) 587-7702
Fax: (406) 587-2891
Escrow No.: M-30809
Escrow Officer: Candace Elser
Property Address:
319 West Griffin Drive, Bozeman, MT 59715
BUYER’S INSTRUCTIONS
Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of
Montana.
It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these
instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.
I/We hand you herewith:
Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.
You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with
the proceeds of any easement mentioned, on account for the purchase price of the real property described in
your above numbered escrow and on account for the other costs, fees and adjustments in connection
therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of
$75,400.00.
Title to be as vested in the name of: City of Bozeman, a municipal corporation of the State of Montana
SUBJECT TO:
1. All printed exceptions and conditions in the policy.
2. All general and special taxes as shown in Item 6 below.
3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.
4. Bond and/or Special Assessments not delinquent.
5. Covenants, Conditions, Restrictions, Easements, Reservations now of record
6. Exceptions Numbered: 1-7 as shown on the Title Commitment dated August 30, 2021
The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report or
Title Commitment Order No. M-30809. Seller to acknowledge that the information contained in the Preliminary
Report is correct to the best of his/her knowledge.
The receipt by escrow of all documents and monies required to transfer title in accordance with these
instructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in the
Purchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or will
be satisfied outside of escrow.
75
Page 2 of 2 - 9/9/2021
MLHC Buyer’s Escrow Instructions
These instructions are effective until revoked by any of the undersigned through written demand delivered to
Escrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and request
you to remit balance to me at the address shown below. Buyer’s estimated settlement statement attached
hereto and made a part hereof.
BUYER:
City of Bozeman, A Municipal Corporation of the State of Montana
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
Mailing Address:
Phone:Email:
Received by Montana Title & Escrow, Inc.
By:____________________________________ Date:__________________ Time:___________
1-7
76
BUYER(S) ESTIMATED CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: TRACT 26 OF GORDON MANDEVILLE STATE
SCHOOL SECTION SUBDIVISION, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON
FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA.
(PLAT E-38) SAID PUBLIC USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST
CORNER OF TRACT 26 AND THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF
WEST GRIFFIN DRIVE, SAID POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, N.89°17'16" W, 219.87
FEET ALONG THE NORTH RIGHT-OF-WAY OF WEST GRIFFIN DRIVE TO THE EAST RIGHT-OF-WAY OF MAUS LANE;
THENCE N. 00°42'43"E. 73.43 FEET ALONG THE EAST RIGHT-OF-WAY OF MAUS LANE; THENCE S.40°06'12"E. 19.89
FEET; THENCE S.00°42'39" W., 35.00 FEET; THENCE, S.89°03'34" E, 63.90 FEET; THENCE, S68°52'29"E, 14.49 FEET;
THENCE S89°03'34"E, 129.39 FEET TO THE EAST LINE OF TRACT 26; THENCE S00°42'43" W, 17.55 FEET ALONG THE
EAST LINE OF TRACT 26 TO THE NORTH RIGHT-OF-WAY OF WEST GRIFFIN DRIVE AND THE POINT OF BEGINNING.
319 WEST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO Box 1230
121 N. Rouse
Bozeman, MT 59771
FOUR TS LIMITED PARTNERSHIP, A MONTANA LIMITED PARTNERSHIP
904 Utah Ave
Butte, MT 59701
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-30809
$75,400.00
9/30/2021
9/9/2021 2:29:22 PM
Disbursement Date:9/30/2021
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$75,400.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$477.00Title - Owner's Title Insurance $75,400.00 Premium $477.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
Government Recording and Transfer Charges
$64.00Recording Temporary Construction Permit to MLHC Recording Account $64.00
$56.00Recording Public Use Easement to MLHC Recording Account $56.00
Totals $77,005.50 $0.00
$77,005.50Balance Due FROM Buyer:
Issued Date: September 9, 2021
Lender's Basic (non-discounted) Rate:
I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any
adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated
by the undersigned.
APPROVED AND ACCEPTED
BUYER(S)
City of Bozeman, A Municipal Corporation of the State of Montana
By:_____________________________________________ Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________Candace Elser
1 of 1File Number:M-30809
77
BUYER(S) FINAL CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: TRACT 26 OF GORDON MANDEVILLE STATE
SCHOOL SECTION SUBDIVISION, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON
FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA.
(PLAT E-38) SAID PUBLIC USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST
CORNER OF TRACT 26 AND THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF
WEST GRIFFIN DRIVE, SAID POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING, N.89°17'16" W, 219.87
FEET ALONG THE NORTH RIGHT-OF-WAY OF WEST GRIFFIN DRIVE TO THE EAST RIGHT-OF-WAY OF MAUS LANE;
THENCE N. 00°42'43"E. 73.43 FEET ALONG THE EAST RIGHT-OF-WAY OF MAUS LANE; THENCE S.40°06'12"E. 19.89
FEET; THENCE S.00°42'39" W., 35.00 FEET; THENCE, S.89°03'34" E, 63.90 FEET; THENCE, S68°52'29"E, 14.49 FEET;
THENCE S89°03'34"E, 129.39 FEET TO THE EAST LINE OF TRACT 26; THENCE S00°42'43" W, 17.55 FEET ALONG THE
EAST LINE OF TRACT 26 TO THE NORTH RIGHT-OF-WAY OF WEST GRIFFIN DRIVE AND THE POINT OF BEGINNING.
319 WEST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO Box 1230
121 N. Rouse
Bozeman, MT 59771
FOUR TS LIMITED PARTNERSHIP, A MONTANA LIMITED PARTNERSHIP
904 Utah Ave
Butte, MT 59701
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-30809
$75,400.00
9/30/2021
9/9/2021 2:29:36 PM
Disbursement Date:9/30/2021
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$75,400.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$477.00Title - Owner's Title Insurance $75,400.00 Premium $477.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
Government Recording and Transfer Charges
$64.00Recording Temporary Construction Permit to MLHC Recording Account $64.00
$56.00Recording Public Use Easement to MLHC Recording Account $56.00
Totals $77,005.50 $0.00
$77,005.50Balance Due FROM Buyer:
APPROVED AND ACCEPTED
BUYER(S)
City of Bozeman, A Municipal Corporation of the State of Montana
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-30809
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Griffin Dr-R/W Acq.
Page 1 of 1 18092.12
Parcel 31
City of Bozeman
Engineering Division
Public Works Department
Project Name: Griffin Dr-R/W Acq.
Project No: 18092.12
Parcel No: 31
ADMINISTRATIVE SETTLEMENT
OWNERSHIP INFORMIATON
Property Owner: Bart V. Thompson and Myrna H. Thompson
Property Address: 2104 Industrial Dr, Bozeman, MT 59715
Property Legal Description:
Tract 7 of Bozeman Industrial Park, a tract of land in Section 31,
Township 1 South, Range 6 East, M.P.M., according to the official plat
thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana.
ADMINISTRATIVE SETTLEMENT
Administrative Settlement Amount: $2,267.50
Approved Appraisal or Waiver Valuation Amount: $500.00
Total Compensation Amount: $2,767.50
ADMINISTRATIVE SETTLEMENT JUSTIFICATION
The R/W agreement included the flat fee of $500.00, approved by the City for temporary construction
permit (only) acquisitions, however, the owners requested $500.00 for each of the 2-year permit time
period, adding an additional $500.00 to the overall compensation agreement. The property owners are
accepting of the compensation and agreement as-such, however, also elected to have their attorney
represent them during negotiations and to complete contract language modifications. The owners are
requiring their legal fees be reimbursed as part of the acquisition in order to conclude negotiations and
allow the permit to be recorded ($1,767.50 see attached invoice).
Date Recommended: September 20, 2021 Recommended By:
Sanderson Stewart
Name: Tony Gaddo
Title: Senior Engineer / REALTOR
Date Approved: ________________ Approved By:
City of Bozeman
Name:
Title:
88
Edward J Guza PC
25 Apex Drive
Suite A
Bozeman, 59718
jyulga@ejguzalaw.com
www.ejguzalaw.com
O: 4065862228
Number 3833
Issue Date 9/2/2021
Due Date 10/2/2021
Matter General Matters
INVOICE
Bill To:
Thompson, Bart & Myrna
7104 Jade Street
Bozeman, MT 59715
O: 581-4367
H: 587-0035
Time Entries
Time Entries Billed By Hours Sub
8/4/2021
Telephone call with client and meeting; read agreement from Gaddo and email to
same.
Ed Guza 0.70 $245.00
8/5/2021
Deeper review of City Agreement and email to client.
Ed Guza 0.40 $140.00
8/6/2021
Email to engineer.
Ed Guza 0.20 $70.00
8/26/2021
Reviewed and revised agreement and permit.
Ed Guza 1.20 $420.00
8/27/2021
Emails to Tony Gaddo and client; revised agreement.
Ed Guza 0.40 $140.00
8/31/2021
Read changes to agreements and email to client.
Ed Guza 0.20 $70.00
6/4/2021
Telephone calls with client x2; reviewed attachment sent from client and emailed to
engineer.
Ed Guza 0.75 $262.50
6/8/2021
Conference call with Engineer and client.
Ed Guza 1.00 $350.00
6/11/2021
Telephone call with client.
Ed Guza 0.20 $70.00
5.05 $1,767.50
Invoice #3833 Page 1 of 2 89
Total (USD)$1,767.50
Paid $0.00
Balance $1,767.50
Total Outstanding $1,767.50
Trust Account Balance
Date Item Amount Balance
9/9/2021 Current Balance $0.00
Invoice #3833 Page 2 of 2 90
Memorandum
REPORT TO:City Commission
FROM:Jeff Mihelich, City Manager
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with
Morten Group, LLC for Facilitation of the Community Roundtable on Equity
& Inclusion
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Authorize City Manager to sign Professional Services Agreement with
Morten Group, LLC for facilitation of the Community Roundtable on Equity &
Inclusion
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:From the recommendations outlined in the Inclusive City Report, the
Community Roundtable on Equity & Inclusion fulfills recommendation 4.
Sponsor a Diversity, Equity, and Inclusion Summit. This event has been
planned in partnership with Montana State University's Office of Diversity &
Inclusion, the Montana Racial Equity Project, Bozeman School District 7,
Bozeman Health, and Morten Group, LLC. The Community Roundtable will
bring together leaders of organizations large and small from across our
valley to:
Learn about the equity indicators measuring housing, health, and
economic gaps in our community
Hear storytellers give voice to how these gaps impact our neighbors
Participate and reflect in facilitated conversations with neighbors,
colleagues, learners, teachers, and leaders from across our community
As the City looks to develop an Equity and Inclusion Plan with community
partners, this event is an invitation to consider how we can all take action
and contribute at the individual, organizational, or community level in
making Bozeman a place where all people feel welcome, valued, and have
the opportunity to thrive no matter their race, identity, or life circumstance.
UNRESOLVED ISSUES:None
ALTERNATIVES:At the direction of the City Commission
FISCAL EFFECTS:The funding for this effort has been approved in the City Managers FY 22
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budget for implementing the action items in recommended in the Inclusive
City report.
Attachments:
PSA_Community Roundtable facilitation Morten Group
LLC.pdf
Report compiled on: September 23, 2021
92
Version 8 30 21
Professional Services Agreement for [Community Roundtable facilitation]
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of October 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, Morten Group 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 30th day of November, 2021, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Version 8 30 21
Professional Services Agreement for [Community Roundtable facilitation]
Page 2 of 12
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.
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.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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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
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
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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
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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.
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 Dani Hess 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
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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 Mary Morten 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.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
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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
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.
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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.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
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than December 31st, 2021.
**** 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 _Morten Group, LLC_______________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A – Scope of Services
Community Roundtable on Equity & Inclusion
ORGANIZATIONAL BACKGROUND
Morten Group was first established in November 2001 to focus on clients in the nonprofit, for-profit,
and foundation fields. Our work is centered around a commitment to transformation through
assessment, education, and action. Morten Group is a multi-racial, cross generational firm which
has consciously and thoughtfully built a team of diverse perspectives and experiences – an
intentional component of our business model. We have worked with numerous community
organizations, foundations, and universities in Chicago and across the country.
Through its Equity and Inclusion Institute, Morten Group is building on years of work in the racial
equity, access, diversity, and inclusion (READI) field. The Institute offers culturally informed
solutions to important equity issues at nonprofit and for-profit organizations across the country.
Morten Group also works in partnership with clients on equity program integration within nonprofits
and foundations.
In 2021, Morten Group celebrates 20 years of partnering with organizations in continuing our
commitment to transformation through assessment, education, and action.
SCOPE OF SERVICES:
Morten Group will provide the following services at a cost not to exceed $29,000 for the 3
hour Community Roundtable on Equity & Inclusion to share the equity indicators, connect
the data with personal experiences, and provide space for people to reflect, discuss, and
make a commitment to taking action to address inequity in areas like health, housing, and
economic opportunity:
Attend weekly planning meetings with designated representatives of the committee
planning group
Refine meeting objectives
Determine staffing
Develop registration form
Develop script/run of show document
Prepare facilitators for breakout groups segmented by topic area (ex: housing,
health, education etc).
Facilitate Community Roundtable
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Memorandum
REPORT TO:City Commission
FROM:Kristin Donald, Finance Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Burn & McDonnell for Solid Waste Recycling and Compost Evaluation and
Rate Model Update
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve authorization of the City Manager to sign the Professional Services
Agreement with Burn & McDonnell for Solid Waste Recycling and Compost
evaluation and rate model update.
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’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
November 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.
This agreement will update the current model for FY23 and beyond, and to
update work already performed, which was impacted by the pandemic, to
address the direction given by the Commission on November 18, 2019
regarding recycling and composting programs.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Recycling & Organics Feasibility Study PSA.docx
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City of Bozeman Cost of Service and Recycling and Organics
Feasibility Study Update Proposal - September 2021.pdf
Report compiled on: September 28, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of October, 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, Burns & McDonnell Engineering Company, Inc., 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 12th day of June, 2022, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
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defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
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in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
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assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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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.
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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 Kristin Donald, Finance Director or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in 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 Scott Pasternakor 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
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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.
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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
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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.
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28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions:this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than eight months.
**** 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 Burns & McDonnell Engineering Company,
Inc.
By________________________________By__________________________________
Jeff Mihelich, City Manager Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
117
City of Bozeman: City-wide Recycling and Pilot
Organics Collection Feasibility and Cost of Service Study Update 1
CITY OF BOZEMAN: CITY-WIDE RECYCLING
AND PILOT ORGANICS COLLECTION
FEASIBILITY AND COST OF SERVICE STUDY
UPDATE
This proposal is for Burns & McDonnell to assist the City of Bozeman (City) in updating the 2019 cost of service study and
2021 feasibility study for providing curbside recycling collection City-wide and initiating a pilot automated organics collection
program. We have organized this scope of services by describing four phases to the Scope of Work and to include: (1) Project
Initiation and Management; (2) Cost Service Study Update; (3) City-wide Recycling and Pilot Organics Collection Feasibility
Update; and (4) Report Preparation and Presentation. This proposal includes our scope of work, schedule, and fee.
SCOPE OF WORK
Phase 1 Project Initiation & Management
TASK 1A: INITIAL DATA REQUEST & REVIEW
Following receipt of the Notice to Proceed, Burns & McDonnell will provide the City with a detailed preliminary data
request that will encompass data needs for completing the study update. The data request will itemize our needs for
understanding the operational, contractual, and financial considerations that must be addressed. For the cost of service
study, Burns & McDonnell will also provide updated copies of all worksheets from the model that the City will need to
review and update, including the equipment and personnel allocation worksheets, billing units, and capital improvement plan.
Burns & McDonnell assumes any billing unit updates will be provided in summary form similar to the cost of service model
worksheets.
This task also includes organization and preliminary analysis of all data received. We recognize that the City may not be able
to, or already have provided certain items for this effort as part of the previous study. In these cases, we will work with the
appointed project manager to request updated information or determine reasonable substitutes for the key data, if needed.
TASK 1B: VIRTUAL KICK-OFF MEETING & PROJECT MANAGEMENT
Prior to commencing the study, members of the project team will conduct a kick-off conference call with key City staff.
During this kick-off conference call, we will discuss the project work plan, key issues to be addressed, key findings from
previous engagements as well as confirm the timing associated with the various project tasks.
We will discuss our initial data request that we will have provided to the City staff 7 to 14 days prior to the kick-off meeting.
Burns & McDonnell will provide the agenda and any handout materials at least two days in advance.
During the meeting, we will also identify primary contacts for our project team and the City and establish protocol for the
exchange of information and the resolution of issues that arise in the normal course of this engagement. To facilitate
effective communication between project team members and the City throughout the course of this project, Burns &
McDonnell will:
► Schedule and participate in periodic conference calls as needed to discuss project matters
► Provide periodic status updates via electronic format
► Be available for other communication(s) as needed
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City of Bozeman: City-wide Recycling and Pilot Organics Collection
Feasibility and Cost of Service Study Update 2
PHASE 1 DELIVERABLES
► Preliminary data request
► Electronic copies of the kick-off meeting agenda handouts, and follow-up summary
► Participation of Burns & McDonnell project manager and key staff in kick-off conference call and other requested
meetings
Phase 2: Cost of Service Study Update
Burns & McDonnell will assist the City in updating the cost of service analysis completed for the City in 2019. This effort
will provide the City with an updated five-year forecast.
TASK 2A: BASELINE COST OF SERVICE MODEL UPDATE
Tasks 2B and 2C contemplate alternative rate structures and the impact of those changes. Task 2A includes an update of the
cost of service model before those rate structure changes. Specifically, Burns & McDonnell will update:
► Test year
► Five-year forecast
► Cost of service by customer class
► Rate increases under existing rate structures
► Revenue under existing rate structures
► Net revenue under existing rate structures
Task 2A will also take into consideration challenges associated with labor shortages, vehicle availability, inflation forecasting
and the open market for solid waste services.
TASK 2B: EVALUATE NEW RATES
Burns & McDonnell will schedule a conference call with key City operations and finance staff. During the call, we will
discuss options and scenarios for the City’s solid waste and recycling rates, with a specific understanding of the competitive
nature of the solid waste market. We understand that City staff will be able to provide details on the rates being charged by
private haulers in the City. We will provide the City with rate recommendations.
TASK 2C: REVENUE SCENARIO FORECAST
Using the rate structure discussed in Task 2B and updated model from Task 2A, Burns & McDonnell will develop a revenue
scenario that shows the impact of the updated rate structure. Task 2C also includes working with the City to establish the
time frame for implementation of the rate structure.
TASK 2D: DEVELOP CLIENT MODEL AND CONDUCT TRAINING
Burns & McDonnell will provide the City with a client rate model, which will allow the City to update model inputs and
adjust assumptions to reflect changes to the City’s solid waste and recycling system. We will provide the City with a user
manual document, and we will conduct a virtual training with City staff on the use of the model.
PHASE 2 DELIVERABLES
► Updated schedules and worksheets
► Conference call to discuss revenue scenario findings
► Client model with user guide and training
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City of Bozeman: City-wide Recycling and Pilot Organics Collection
Feasibility and Cost of Service Study Update 3
Phase 3: City-wide Recycling and Pilot Organics Collection Feasibility Update
Burns & McDonnell will assist the City in updating the City-wide Recycling and Pilot Organics Collection Feasibility Study
that begun in 2020 and was completed for the City in 2021. Our analysis will address changes that have occurred due to
COVID-19 and associated impacts in society and the economy. We will review the assumptions, modeling, and analyses
with the City to determine key changes and updates that will need to be made.
PHASE 3 DELIVERABLES
► Updated modeling and analyses
► Conference call to discuss findings
Phase 4: Report Preparation and Presentation
TASK 4A: UPDATED COST OF SERVICE POWERPOINT
As a part of the City-wide Recycling and Pilot Organics Collection Feasibility Study, Burns & McDonnell still needs to
provide the City with a Final Report, PowerPoint presentation and meeting with the City Commission. We will complete
these efforts as a part of the City-wide Recycling and Pilot Organics Collection Feasibility Study. Phase 4 will include
efforts associated with developing an updated PowerPoint for the cost of service study update. We will not be developing an
updated cost of service study report. When we present to the City Commission on the City-wide Recycling and Pilot
Organics Collection Feasibility Study, the presentation will also include the cost of service study findings and
recommendations
PHASE 4 DELIVERABLES
► PowerPoint slides for the cost of service update
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City of Bozeman: City-wide Recycling and Pilot Organics Collection
Feasibility and Cost of Service Study Update 4
FEE
The following table provides an outline of the services to be provided and includes the fee, inclusive of professional fees and
out-of-pocket expenses. Services for Phases 1, 2, 3 and 4 will be invoiced on a percent complete basis.
Task Fee
Phase 1: Project Initiation & Management
TASK 1A: INITIAL DATA REQUEST & REVIEW $1,790
TASK 1B: VIRTUAL KICK-OFF MEETING & PROJECT MANAGEMENT $1,800
Phase 2: Cost of Service Study Update
TASK 2A: BASELINE COST OF SERVICE MODEL UPDATE $4,060
TASK 2B: EVALUATE NEW RATES $3,930
TASK 2C: REVENUE SCENARIO FORECAST $2,140
TASK 2D: DEVELOP CLIENT MODEL AND CONDUCT TRAINING $4,480
Phase 3: City-wide Recycling and Pilot Organics Collection Feasibility Update
TASK 3A: CITYWIDE RECYCLING AND AUTOMATED ORGANICS COLLECTION $5,010
Phase 4: Report Preparation and Presentation
TASK 4A: UPDATED COST OF SERVICE POWERPOINT $4,260
Total $27,270
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement and
Task Order 1 with Baker Tilly for Housing and Economic Development Project
Financial Analysis and Related Services
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement and
Task Order 1 with Baker Tilly
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:As the City's involvement in community housing development and tax
increment financing (TIF) projects grows more financially complex, the City
will benefit from specialized financial advice. Baker Tilly has deep experience
in recommending and right-sizing public development incentives for
affordable housing and TIF projects. They can advise staff on constructing
thoughtful programs and policies and help them implement those policies
with actual projects. Baker Tilly was competitively selected for a term
contract to provide these services on an ongoing and project by project basis
over the next five years. This agenda item includes approval of a five year
professional services agreement allowing the City to purchase any of the
services listed in the scope of services by written task order, as well as a task
order purchasing these services on a time and materials basis not-to-exceed
$20,000.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the recommendation of the City Commission.
FISCAL EFFECTS:Task Order 1 allows for the purchase of services not-to-exceed $20,000.
Funding for this task order will come from approved budgets of the relevant
urban renewal district, the affordable housing fund, or the Economic
Development Department budget, as appropriate.
Attachments:
Baker Tilly Term Contract PSA 21-26.docx
122
Task_Order_1.pdf
Report compiled on: October 4, 2021
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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, BAKER TILLY MUNICIPAL ADVISORS, LLC,
380 Jackson Street, Suite 300, Saint Paul, MN 55101, 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 30 day of June 2026, or the completion of any written Task Order initiated prior to June
30, 2026 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 specific services and corresponding schedule as mutually agreed upon by City
and Contractor and included in each individual Task Order executed under the authority of this
Agreement. Task Orders shall be attached and made part of this Agreement. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4.Payment: The terms of compensation to Contractor shall be agreed upon and included
in each Task Order. City agrees to pay Contractor the amount specified in the individual Task
Orders. 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
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance 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
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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.
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
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policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
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
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and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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.
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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.
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 David Fine, Economic Development Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
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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 Mikaela Huot, Director, 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.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
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23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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**** 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
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Exhibit “A”
SCOPE OF SERVICES
The selected consultant may assist the City on any task defined by the general scope of services as directed
by written task order:
Housing and Economic Development Project Financial Analysis and Related Services:
1. Assist in economic development and housing project development and financing:
a. Analyze developers project pro forma representations and evaluate the need for
public participation;
b. Analyze the development experience and financial capacities to deliver the
proposed project;
c. Identify both private and public financing options for project;
d. Identify and analyzing risks in public sector participation;
e. Negotiate reasonable rates of return for private and public participants; and
f. Prepare financing plan.
2. Assist in the implementation and management of new and existing tax increment financing
district(s):
a. Developing or revising policies for the use of TIF and other economic development
tools;
b. Developing management controls on the monitoring of TIF districts;
c. Analyzing the financial components to determine the type of TIF district for a given
project and the associated financial considerations
d. Preparing document preparation and the process of district establishment; and
e. Meeting compliance requirements.
3. Assist in identifying and developing alternative financial resources.
4. Assist in development agreement negotiations and implementation of redevelopment
plans
a. Assist in evaluating and negotiating financial, security, timing and default
provisions;
b. Assist in integrating development agreement into overall plan and documents; and
c. If needed, project management on selected portions of redevelopment plans.
5. Related Administrative and Reporting Services:
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a. Review of City documentation for each district that may include original and
modified TIF Plans, prior years’ financial reports, financial statements and other
related documentation
b. Analysis of the reported historical expenditures and verification of revenues,
expenditures and transfers
c. Perform various testing of compliance with laws, regulations and governing
documents for all expenditures
d. Written summary regarding each district, including recommendations, as necessary
e. Prepare memorandum regarding overall TIF operations for permanent file records
f. Recommendation of options for use of future fund balances, as available, subject
to City policies regarding outstanding obligations, use of available revenues, timing
for closing districts, and other options that maximize potential opportunities for use
of revenues within the City’s TIF districts
g. Provide an overview financial report and action plan for each TIF district
h. Provide a summary working reference document for ‘quick’ access on day-to-day
items and overall plan
Housing and Economic Development Financial Planning and Capital Budgeting
1. Assist and advise with the development and implementation of a long-range economic
development strategic financial plan. Services may include:
a. Identify and evaluate objectives and performance against objectives;
b. Review and analyze cost effective alternatives for financing approaches and tools;
c. Estimate revenue and financing requirements.
2. Assist and advise the City with the implementation of multi-year economic development
capital budget. Services may include:
a. Review of current and potential future revenue sources and determination of
funding capacities;
b. Assist in scheduling sources with uses which optimize the City’s overall financial
capacities.
c. Examination of related fiscal and credit rating impacts.
3. Assist and advise on independent and community comparisons on different economic
development incentives and outcomes. Service may include:
a. Within Montana and in other comparable jurisdictional markets obtain samplings of
the uses of local, state, and federal incentives and their applications.
b. Provide other sample materials on economic development policies, applications,
fee levels and related administrative and market information.
4. Assist and advise the application and management of short- and long-term debt programs.
Services may include:
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a. Assist and advise on outstanding economic development debt issues for compliance
requirements, estimating financial capacities, refunding opportunities and any
related administrative items.
b. Provide public and private market perspectives relating to the marketability and
levels of economic development revenue bonds.
c. Advise on the credit quality and marketability of potential debt issuances.
137
City of Bozeman Term Contract
Housing and Economic Development Project Financial Analysis and Related Services
Task Order 1
PROJECT: Housing and Economic Development Project Financial Analysis and Related Services – Time and Materials Issued under the authority of the Term Contract Professional Services Agreement with
Baker Tilly Municipal Advisors, LLC for Housing and Economic Development Project
Financial Analysis and Related Services. This Task Order is dated [ ] between the City of Bozeman Economic Development Department and Baker Tilly Municipal Advisors, LLC
(Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: David Fine, Economic Development Program Manager
Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC SCOPE OF WORK: The scope for this task order is for work on housing and economic
development financial analysis and related services as requested by the City on a time
and materials basis. COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on the attached rate sheet on a time and materials basis.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order:
City of Bozeman Baker Tilly Municipal Advisors, LLC
Jeff Mihelich, City Manager Name:
Title:
138
Title Hourly Rate
Principal, Partner, Firm Director $300
Senior Manager, Director $260
Manager, Senior Staff $215
Staff $160
Support $75
139
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign Task Order 2 and Task Order 3 with
Economic and Planning Systems, Inc. (EPS) for Advice on Policies and
Practices Related to Applications for Tax Increment Financing Assistance, and
Professional Services Concerning Economic Development and Community
Housing on a Time and Materials Basis
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order 2 and Task Order 3 with EPS.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Economic Development Staff are updating the Midtown Tax Increment
Finance (TIF) Assistance Program to improve the policies and processes
related to requests for financial information and appropriately calibrating
incentives for TIF projects. Task Order 2 will enable EPS to assist staff with
this task. As Staff drafts complementary program documents for the other
urban renewal districts, they can apply this work to other districts and allow
for a consistency of approach across the urban renewal program.
Task Order 3 will allow Staff to utilize EPS' expertise on economic
development and housing economics and programs on an as-needed, time
and materials basis as relevant opportunities arise.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:n/a
FISCAL EFFECTS:For Task Order 2, EPS will bill for its services on a lump sum basis for a
project total of $5,000. Funding for this Task Order is available through funds
allocated for professional services in the Fiscal Year 2022 Work Plan and
Budget for the Midtown Urban Renewal District.
For Task Order 3, EPS will bill for its services on a time and materials basis
based on the attached rates sheets for EPS and its sub contractors. Funding
for this work is available in funds allocated for professional services in the
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relevant budgets of the Economic Development Department, the community
housing fund, or the applicable urban renewal district.
Attachments:
EPS Task Order 2 Form.docx
EPS Task Order 3 Form.docx
EPS 2021 Denver.pdf
Bridge ED Fees 2021.pdf
Agency Billing Rates.pdf
Report compiled on: September 30, 2021
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City of Bozeman Term Contract
with Economic & Planning Systems, Inc.
Task Order Number 2: Policies and Procedures
PROJECT:Economic Development and Community Housing Services
Issued under the authority of the City of Bozeman Professional Services Agreement
Term Contract with Economic and Planning Systems, Inc. to support Economic
Development and Community Housing programs.
This Task Order is dated [] between the City of Bozeman Economic
Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Program Manager
Contractor: Brian Duffany, Executive Vice President, Economic & Planning
Systems
SCOPE OF WORK:The scope for this task order is to provide advice on policies and
practices related to applications for tax increment financing assistance.
COMPENSATION:EPS will bill for its services on a lump sum basis with a project total
of $5,000. The provisions of the Professional Services Agreement Term Contract shall
govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Economic & Planning Systems
Jeff Mihelich Brian Duffany
City Manager Executive Vice President
________________________________
Daniel R. Guimond, Principal
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City of Bozeman Term Contract
with Economic & Planning Systems, Inc.
Task Order Number 3: Economic and Real Estate Advisory Services
PROJECT:Economic Development and Community Housing Services
Issued under the authority of the City of Bozeman Professional Services Agreement
Term Contract with Economic and Planning Systems, Inc. to support Economic
Development and Community Housing programs.
This Task Order is dated [] between the City of Bozeman Economic
Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Program Manager
Contractor: Brian Duffany, Executive Vice President, Economic & Planning
Systems
SCOPE OF WORK:Housing and Economic Development real estate advisory services
on a time and materials basis.
COMPENSATION:EPS will bill for its services on a time and materials basis with a
project total not-to-exceed $20,000. The provisions of the Professional Services
Agreement Term Contract shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Economic & Planning Systems
Jeff Mihelich Brian Duffany
City Manager Executive Vice President
________________________________
Daniel R. Guimond, Principal
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2406 NE 9th Avenue | Portland, OR | 97212 www.bridgeed.com
Company Fees – Hourly Rate
President $200
Senior Consulting Advisor $190
Consulting Advisor $170
Marketing Strategy Consultant $135
145
2406 NE 9th Avenue | Portland, OR | 97212 www.bridgeed.com
146
______________________________________________________________________________
91 Harvey Street, Suite 2 Cambridge, MA 02140 www.agencylp.com
Agency
Landscape + Planning
Billing Rates
Principal $225/hour
Senior Planner/Designer $150-175/hour
Associate Planner/Designer $100 - $125/hour
Staff Planner/Designer $85/hour
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign Task Order EDD21-003 with Sanderson
Stewart for Design of Railroad Crossing Improvements Related to Quiet
Zones at North Rouse Avenue and North Wallace Avenue
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order EDD21-003 with Sanderson
Stewart
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City recently completed a feasibility study for the safety improvements
that would need to be installed at railroad crossings at Wallace Ave., Rouse
Ave. and Griffin Dr. in order to allow trains to stop blowing their horns at
these crossings in compliance with Federal Railroad Administration
regulations. These improvements are currently being constructed for Griffin
Dr. as part of the Griffin Dr. Reconstruction Project, but improvements at the
Rouse Ave. and Wallace Ave crossings are not designed or funded at this
time. A group of private business interests recently committed funding to
the engineering of these improvements to allow design and right-of-way
acquisition to proceed while funds are raised to support construction of the
needed infrastructure improvements.
UNRESOLVED ISSUES:The City cannot commence the quiet crossing establishment process with
the Federal Railroad Administration until funds are raised to complete the
necessary safety improvements at the Wallace Ave. and Rouse Ave.
crossings. It is likely that the proposed Fiscal Year 2023 Work Plan and
Budget for the Northeast Urban Renewal District will include funding for
improvements at the Wallace Ave. crossing. A source of funds for the
improvements to the Rouse Ave. crossing has not yet been identified, but
could be a mix of public and private funds.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The total cost of the task order with Sanderson Stewart is $37,500. The cost
is being split 7 ways between the following parties for a contribution of
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$5,317.15 each:
Northeast Urban Renewal District (City of Bozeman), Cannery District
Partners, LLC, Outlaw Real Estate Partners, LLC, Imperial Development, LLC,
Locati Architects, Wild West Land and Development, and Scout DAC, LLC.
Attachments:
URD Task Order Form EDD21-003 Railroad Crossing
Design.docx
EDD21-003_Railroad Crossing Design_SOW_071621.docx
Report compiled on: October 1, 2021
149
City of Bozeman Urban Renewal District Term Contract
Task Order Number #EDD21-003
PROJECT:Railroad Crossing Improvements at North Rouse Avenue and North
Wallace Avenue
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated between the City of Bozeman and Sanderson
Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK:The scope for this task order is detailed in the attached City of
Bozeman Urban Renewal District Scope of Work – Task Order Number EDD21-003.
COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $37,500.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “percentage of completion method” whereby
Sanderson Stewart will estimate the percentage of the total work (provided on a lump
sum basis) accomplished during the invoicing period. The provisions of the Professional
Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
150
Urban Renewal District Term Contract
Scope of Work –Task Order No. EDD21-003
Railroad Crossing Improvements at North Rouse Avenue and North Wallace Avenue
7/16/21
Sanderson Stewart is pleased to provide this scope of work for design and permitting services for
railroad crossing improvements at North Rouse Avenue and North Wallace Avenue in order to
implement the design recommendations established in the 2021 Quiet Zone Assessment Study.
The project components to be designed under the Railroad Crossing Improvements project include
the following:
North Rouse Avenue
o Installation of non-traversable medians both north and south of the crossing
o Installation of security fencing and 4 quadrant pedestrian gates on the shared use
path
o Reconstruction of the curb along the bike lane transition areas
o Relocate and reconstruct the existing driveway accesses and crossing
o Widen/reconfigure the existing sidewalk to create a shared use path that will meet
requirements of railroad.
o Lighting, signage and pavement marking improvements
North Wallace Avenue
o Installation of non-traversable medians both east and west of the crossing.
o Installation of security fencing and a pedestrian gate along the pedestrian sidewalk.
o Constructing a formal pedestrian crossing adjacent to the existing Kenyon Noble
driveway approach (coordinate with upcoming Front Street Pathway project)
o Extend new curb along the median area on the east side of the tracks
o Extend new curb and concrete sidewalk to the existing Story Mill Spur Trail on the
northwest side of the crossing
o Lighting, signage and pavement marking improvements
A detailed list of assumptions and scope of services for the project are outlined below.
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Page 2 of 4
Scope of Work:
Phase 1 – Project Initiation
This phase of the project will include project initiation and planning tasks, including scoping and
preparation of the task order.
Phase 2 – Topographic Survey
A topographic survey of the project area will need to be completed as part of the design phase.
Information collected will include, but not limited to, both private and public utilities, potential
power sources for lighting improvements, right-of-way limits, and surface elevations for sidewalk,
approaches, curb and gutter, and median locations. A new survey will be required for the Rouse
Avenue Crossing area, but Sanderson Stewart will utilize survey data already collected at the Wallace
Avenue Crossing area and will supplement with additional pick-up topo as needed.
Phase 3 – Railroad Crossing Design
North Rouse Avenue
This phase of the project will include the design of the elements recommended for the
Rouse Avenue crossing in the 2021 Quiet Zone Assessment Study. The design will include a
non-traversable median on both north and south of the railroad tracks. With the addition of
the median, modifications to the adjacent approaches will be required as well as the
reconstruction of the curb line. The existing shared use path will be widened and realigned
to allow for the trail to cross the railroad tracks at a 90-degree angle. Security fencing and
gates will be installed on the path to encourage pedestrians to follow the path. Lighting
improvements will also be a key improvement to increase visibility of the pedestrians, the
new raised median, and lane transitions. Signage and pavement markings will be updated to
reflect the added improvements.
North Wallace Avenue
This phase of the project will include the design of the elements recommended for the
Wallace Avenue crossing in the Quiet Zone Assessment Study. The design will include a
non-traversable median on both the east and west sides of the railroad tracks and new curb
and gutter along both sides of N. Wallace Avenue. Coordination with the railroad and
railroad lessees will be required with respect to access locations. A new pedestrian crossing
will be added on the west end prior to the raised median, the design for which will be
coordinated with the Front Street Pathway crossing in the same location, which Sanderson
Stewart is also working on. Security fencing and pedestrian gates will be added to the
existing trail on the north side of the road to encourage pedestrians to follow the path.
Continuation of an existing trail system to allow for a future extension with future
development improvements will be constructed. Lighting improvements, pavement
markings, and signage will be updated to reflect the added improvements.
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Page 3 of 4
Coordination with MDT, MRL, and the adjacent property owners will be required throughout both
the design and construction phases.
Phase 4 – Construction Permitting
This phase of the project will consist of the following permit applications:
MDT Encroachment Permit Application for street improvements within the North Rouse
Avenue right-of-way. Sanderson Stewart will prepare the permit application, coordinate
review, and address comments received from MDT.
Coordination with Montana Rail Link will be provided by Sanderson Stewart, including
coordination of plan review and revisions as needed to address comments received from
MRL. Sanderson Stewart will apply for an MRL permit for the survey work in their right-of-
way, but it is anticipated that the contractor will apply for the permit required for
construction.
Phase 5 –Access Easements with the Railroad
This phase of the project includes coordination and preparation of easement documents, including:
North Rouse Avenue
MRL will require MDT to finalize easements for the improvements to Rouse Ave under the
MDT project that was completed in the area several years ago. It is possible that some
additional right of way will be required from MRL to accommodate the wider shared use
path. MRL has indicated a willingness to work with the City of Bozeman and MDT on this.
Sanderson Stewart will prepare exhibits/figures showing limits of construction to assist with
this effort. A revised Construction and Maintenance Agreement will be needed between
MRL and MDT for the updates to the crossing. This will necessitate a new Maintenance
Agreement between MDT and the City of Bozeman for the Quiet Zone features. Sanderson
Stewart will prepare a total of four (4) exhibits/figures necessary for the MRL-MDT
Construction/Maintenance Agreement and MDT-City Maintenance Agreements. If needed,
negotiations will be considered an additional service.
North Wallace Avenue
This location will require the establishment of a new easement across the railroad right-of-way
(R/W) to perform the desired improvements. Tasks will include:
o Research county records for previous surveys, plats, and deeds
o Request utility locate markings
o Search and tie right-of-way, boundary controlling corners
o Perform computations of right-of-way and boundary lines
o Research existing easements within the project area
o Submit point files and maps in pdf and CAD C3D format (Version 2019 or later)
o Prepare and execute one (1) easement document and easement exhibit for additional
road R/W between the City of Bozeman and MRL/BSNF.
o Coordinate with existing MRL lease holders and BNSF on access during construction
for their operations.
o Additional services including title commitments, title company closing, valuation or
appraisal services, relocation services, and preparation of R/W agreements are not
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Page 4 of 4
included in this scope. These tasks can be amended to the contract if required during
design.
o It is anticipated the compensation will not be included in the easement acquisition
agreement between the City and MRL.
o Negotiations between the City and MRL are anticipated to be straightforward,
requiring minimal amount of negotiation services to be performed by Sanderson
Stewart.
The following items are specifically excluded from this scope of work:
R/W negotiations as noted above
Construction bidding
Construction administration and inspection
Material testing (by contractor or City term contract)
SWPPP permitting and operation (by contractor)
Fees and Billing Arrangements:
Phase Fee
1. Project Initiation $500
2. Topographic Survey $9,000
3. Railroad Crossing Design $13,500
4. Construction Permitting $4,000
5. Access Easements with the Railroad $10,500
Total $37,500
Sanderson Stewart will bill for its services on a lump sum basis with a project total of $37,500.
Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. The amount of each monthly invoice shall be determined on the “percentage of completion
method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a
lump sum basis) accomplished during the invoicing period.
154
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign Task Order MID 21-004 with Sanderson
Stewart for Engineering Services on the N. 5th Ave. Sewer Project
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Authorize the City Manager to sign Task Order MID 21-004 with Sanderson
Stewart engineering services on the N. 5th Ave. Sewer Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Task Order includes construction observation and documentation tasks
that were completed as part of the N. 5th Ave. Sewer Project. While the
original quote for services included synergies in the observation and
construction documentation processes between this project and the Aspen
and 5th Improvements Project, the sewer was ultimately installed the
following construction season and was not able to account for these
synergies, resulting increased engineering costs.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:n/a
FISCAL EFFECTS:The cost of the task order is $24,000. Funding for this project is available in
the project fund for the Midtown improvements, funded by bond proceeds
and revenue from the Midtown Urban Renewal District.
Attachments:
MID21-004_Aspen & 5th Addl CA_SOW_071621.pdf
URD Task Order Form MID21-004 Aspen & 5th Addl CA.docx
Report compiled on: September 24, 2021
155
Midtown and Downtown Urban Renewal Districts
Scope of Work – Task Order No. MID21-004
Aspen Street & 5th Avenue Additional Construction Administration Services
7/16/21
Sanderson Stewart is pleased to provide this scope of work for additional construction administration services
required for the street and utility improvements on Aspen Street and 5th Avenue. This work is to be done as
a part of the Urban Renewal District term contract for architectural and engineering services.
Scope of Work:
Phase 1 – Construction Administration and Inspection
This phase of the project will consist of construction observation and documentation tasks. It was originally
assumed that the 5th Avenue Sewer would be installed while the Aspen Street Improvements were still under
construction and that both projects could be inspected at the same time. Because the 5th Avenue Sewer was
ultimately installed the following construction season, additional inspection time is necessary for the 5th
Avenue Sewer.
Fees and Billing Arrangements:
Phase Fee
1. Construction Administration and Inspection $24,000
Total $24,000
Sanderson Stewart will bill for its services on a lump sum basis with a project total of $24,000. Sanderson
Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount
of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson
Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during
the invoicing period.
156
City of Bozeman Urban Renewal District Term Contract
Task Order Number #MID21-004
PROJECT:Aspen Street & 5th Avenue - Additional Construction Administration
Services
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated July 16, 2021 between the City of Bozeman Economic
Development Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK:The scope for this task order is detailed in the attached City of
Bozeman Urban Renewal District Scope of Work – Task Order Number MID21-004.
COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $24,000.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “percentage of completion method” whereby
Sanderson Stewart will estimate the percentage of the total work (provided on a lump
sum basis) accomplished during the invoicing period. The provisions of the Professional
Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
157
Memorandum
REPORT TO:City Commission
FROM:Lynn Hyde, Development Review Planner
Martin Matsen, Director of Community Development
SUBJECT:Resolution 5343 Intent to Consider the Mountains Walking Growth Policy
Amendment to Amend the Future Land Use Map from Urban Neighborhood
to Community Commercial Mixed Use at Property Addressed as 414 N Plum
Avenue and Legally Described as Lots 18, 19, & 20, Block 50, of the Northern
Pacific Addition
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5343, a Resolution of Intent to consider the Mountains
Walking growth policy amendment to amend the future land use map from
Urban Neighborhood to Community Commercial Mixed Use.
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 of Bozeman adopted its current growth policy, the Bozeman
Community Plan (BCP), on November 17, 2020 through Resolution 5133. The
BCP contains the future land use map which is the basemap for the desired
outcomes for the City’s future development. The map depicts various
classifications of land described in Chapter 03 of the (BCP) and the City’s
expectations for the future use of that land.
The applicant has requested a change in designation from Urban
Neighborhood to Community Commercial Mixed Use. The description and
intent of each of these future land use categories can be found in Chapter 03
of the Bozeman Community Plan.
Passage of Resolution 5343 will not amend the growth policy. Rather, it will
initiate the formal process, including notice to adjacent landowners, to
evaluate whether the requested amendment is consistent with the overall
policies and purposes of the growth policy. The Planning Board and City
Commission will hold public hearings before any final decision. A full analysis
of the review criteria found in Chapter 05 of the Community Plan will be
included with the formal staff report prepared for the Planning Board and
City Commission.
158
The proposed schedule for the review of this application is as follows.
City Commission Resolution of Intent October 12, 2021
Planning Board review and recommendation November 01, 2021
City Commission Public Hearing November 23, 2021
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by City Commission.
FISCAL EFFECTS:No fiscal effects.
Attachments:
21318 Mountains Walking GPA Resolution of Intent.pdf
GPA Development Review Application (Form A1)
2021_07_29.pdf
GPANarrativeAndFigures_08032021.pdf
GPAExhibitOfProperty_08032021.pdf
GPAFutureLandUseMap_08032021.pdf
Report compiled on: September 27, 2021
159
Version April 2020
RESOLUTION 5343
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE INTENT OF THE COMMISSION TO CONSIDER AN
AMENDMENT TO THE FUTURE LAND USE MAP OF THE BOZEMAN COMMUNITY
PLAN.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since
1958, and
WHEREAS, the City of Bozeman adopted its most current growth policy known as the
Bozeman Community Plan (BCP) through Resolution 5133 on November 17, 2020, and
WHEREAS, the Bozeman Community Plan, Section 5, establishes criteria for the
amending of the document, and
WHEREAS, an application has been received to amend the Future Land Use Map of the
growth policy, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a
resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a
growth policy,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the
application for amendment and possible corresponding revisions to the growth policy is hereby
stated.
Section 2
That a public hearing be set and advertised for the purpose of receiving public testimony
on application 21318, Mountains Walking growth policy amendment to the Future Land Use
Map of the Bozeman Community Plan. Expected dates are with the Planning Board hearing on
160
Version April 2020
November 01, 2021 and the City Commission hearing on November 23, 2021.
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____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
161
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
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DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
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VICINITY MAP
Mountains Walking Growth Policy Amendment
Growth Policy Amendment
414 N Plum Ave, Bozeman, MT 59715
Northern Pacific ADD, S07, T02 S, R06E, Block 50, Lot 18-20, Plat C-23
Mountains Walking Brewery to be changed from Urban Neighborhood to Community Commercial Mixed Use.
R-2 (submitting ZMA concurrently to propose zoning change to B-2M)
0.244 acres
N/A
1 existing
Existing Single-family Residence (1)
1196 square feet total, 768 square feet of living area (from Cadastral)
1 story
N/A
N/A
N/A
N/A
Proposed growth policy (map) amendment for the lot just south of the current
162
163
APPLICATION FEE
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APPLICATION TYPE
164
Growth Policy Amendment Project Narrative
Project Background Information
The subject property is located at 414 North Plum Avenue. The site is located south and directly adjacent to the existing Mountains Walking Brewery site. The project site is anticipated to be used for expansion of brewery operations and for use as employee housing. The lot of interest is
currently zoned as R-2 (submitting ZMA proposing change to B-2M) and has an existing single-family residence on the property. The community plan future land use for the lot is currently designated as Urban Neighborhood. As part of this submittal we are proposing a map change to amend the future land use to Community Commercial Mixed Use. The proposed future land use will match the adjacent areas to the north and east along with the associated and adjacent
brewery site. The future improvements anticipate construction of a new building on the lot to expand the brewery space and create employee housing on the second floor of the new building. Additional parking is anticipated to be provided on the subject property for overflow brewery parking. Applications are being made for the Zone Map Amendment and Growth Policy Amendment to be reviewed concurrently.
a) Does the proposed amendment cure a deficiency in the growth policy or result in
an improved growth policy which better responds to the needs of the general
community? How?
Yes, the proposed amendment results in an improved growth policy which better
responds to the needs of the general community. Changing the future land use designation for the lot to Community Commercial Mixed Use will better meet the needs of the general community by allowing for expansion of the current Mountains Walking Brewery. Expansion of the brewery will provide an easily accessible gathering place for the community to come together, enjoy craft beer, and make good conversation. The
expansion will also provide employee housing on the upper floor which is an excellent way to meet the needs of employees who struggle to find affordable housing in Bozeman. In addition, the new future land use designation promotes redevelopment by converting the existing residential property into a multi-use lot. Multi-use properties help promote diverse uses of land in very close proximity to one another which ultimately reduces
traffic congestion on the roads and the air pollution associated with motor travel. Redevelopment, as opposed to new development, saves time, money, and resources by connecting to existing utilities. In this case, adequate water, drainage, transportation, and sanitary facilities will be provided via existing utilities located in Plum Avenue.
b) Does the proposed amendment create inconsistencies within the growth policy,
either between the goals and the map or between goals? Why not?
No, the proposed amendment does not create inconsistencies within the growth policy
either between the goals and the map or between goals. The proposed future land use of
165
the site matches future land use of adjacent properties to the north and east. The change does not result in a pocket of inconsistent land use, rather blends well with the current plan. The City of Bozeman has announced its planning goals for how the city should
expand in the future. These goals consist of seven overall themes that include being: 1. A resilient city. 2. A city of unique neighborhoods. 3. A city bolstered by downtown and complementary districts.
4. A city influenced by our natural environment, parks, and open lands. 5. A city that prioritizes accessibility and mobility choices. 6. A city powered by its creative, innovative, and entrepreneurial economy. 7. A city engaged in regional coordination.
The proposed expansion of Mountains Walking Brewery and the proposed growth policy amendment do not go against any of the seven themes and/or the goals to achieve those themes. Conversely, the proposed development actually supports many of the themes. Two of the main goals for the City of Bozeman include promoting diversity in land use/housing and reducing urban sprawl. Both goals aim to use land in the most efficient
way possible, which ultimately helps preserve open space and reduces the need for individual motorized travel. The proposed expansion would help the City of Bozeman meet these goals by redeveloping the lot into a mixed-use building that includes both brewery operations and employee housing. Redevelopment, as opposed to new development on the outskirts of town, saves time, money, and resources while
simultaneously reducing urban sprawl. The reduction in urban sprawl in turn helps preserve the natural environment that Bozeman is known and loved for. Regarding the goal of prioritizing accessibility and mobility choices, the proposed development is easily accessed via several different transportation methods. Its proximity to residential
neighborhoods makes it easily accessible by walking or biking while arterial and
collector streets such as Rouse Ave, Peach St, and Broadway Ave make it easily accessible by car. The streamline bus service also has a major hub in downtown which is just a short walk away. Additionally, the on-site employee housing reduces/eliminates commuting for employees. The proposed development aims to be resilient and
resourceful by connecting to existing utilities. Lastly, the expansion of Mountains
Walking caters to Bozeman’s tourism industry which is a major economic driver here.
c) Is the proposed amendment consistent with the overall intent of the growth
policy? How?
Yes, the proposed amendment is consistent with the overall intent of the growth policy. Proximity to adjacent areas matching the proposed future land use help to blend the site into surrounding uses. The project site is located along the future land use boundary, maintaining the overall concept of the area. The proposed development aims to better
serve the community by providing a social gathering place, jobs, and employee housing.
Bringing people together will help improve the mental health and happiness among community members, while providing employment and housing helps employees feel
166
safe, secure, and stable. Changing the future land use designation to Community Commercial Mixed Use allows for greater land use/housing diversity and encourages the most efficient use of space. Creating diverse land uses within close proximity to one
another reduces the need for people to travel far from home for work, groceries, and recreation. Additionally, the proposed development is very close to dense residential neighborhoods which will encourage patrons to walk or bike. The decrease in travel lessens air pollution, which is known to have significant adverse effects on public health and welfare. Furthermore, the proposed amendment will allow for the redevelopment of
the lot, which is encouraged by the City of Bozeman to help limit urban sprawl and preserve open space. The work/live nature of the proposed development increases Bozeman’s resilience by providing solutions to both housing and employment issues. It also promotes resilience by harmonizing with existing activity through expanding a business that is already well established and thoroughly enjoyed by the community. The
expansion would be easily accessible and provide several options for mobility. As mentioned before, the proposed expansion is in very close proximity to residential neighborhoods which makes it easily accessible on foot or bike. Arterial and collector streets such as Rouse Ave, Peach St, and Broadway Ave provide easy access to the site via automobile. Additionally, a major streamline bus service hub and the Gallagator Trail
are only a short walk away towards downtown. Lastly, the proposed development will help support Bozeman’s economy by attracting locals and tourists. Overall, the proposed amendment aligns very nicely with the intent of the growth policy.
d) Does the proposed amendment adversely affect the community as a whole or
significant portion by:
i) Significantly altering acceptable existing and future land use patterns, as defined
in the text and maps of the plan? How does it not?
No, the proposed amendment does not significantly alter acceptable existing and future land use patterns. The proposed amendment seeks to change the future land
use designation for the lot from Urban Neighborhood to Community Commercial
Mixed Use. This is a relatively minor change to the future land use patterns because the area adjacent to the site (the area where the current brewery is) is already designated as Community Commercial Mixed Use. Changing the future land use designation to Community Commercial Mixed Use will keep land use
designations consistent for both the existing brewery and the proposed expansion.
The site is located along the current boundary of future land use. Under the proposed change, the overall boundary is shifted in a relatively minor way. The overall pattern for the area will be maintained, if anything squaring up the future land use boundary as shown with the attached exhibits.
167
ii) Requiring unmitigated larger and more expensive improvements to streets,
water, sewer, or other public facilities or services and which, therefore, may
impact development of other lands? How does it not?
No, the proposed amendment does not require unmitigated larger and more
expensive improvements to streets, water, sewer, or other public facilities and
services. Adequate water will be provided by the City’s existing municipal system. Figure 6-7 in the Water Facility Plan details the existing water distribution system and shows that the area surrounding the proposed development has an acceptable level of head loss, indicating there is adequate
capacity to provide water for the development. Adequate fire flow will also be
provided by Hydrant #45. According to Table 5.7 in the Water Facility Plan, a zone designation of B-2 (concurrent ZMA proposing zoning change to B-2M) needs 3,000 gpm of flow for 3 hours to fulfill fire protection requirements. According to Figure 6-8 of the Water Facility Plan, the available fire flow for the
proposed development area is 4,000-5,000 gpm, which confirms that suitable fire
flow for fire protection is met. Adequate sewer will also be provided by the City’s existing municipal system. According to the City’s design criteria, sewer pipes that have a depth of flow to pipe diameter (d/D) ratio exceeding 0.75 are considered potentially deficient. Figure 4-8 of the Wastewater Collection
Facilities Plan Update (2015) shows that the sewer pipes servicing the proposed
development and surrounding area all have a depth of flow to pipe diameter (d/D) ratio less than 0.75, indicating that there is adequate wastewater capacity for proper sewage disposal. Transportation access will remain primarily unchanged. Access is anticipated to be provided via principal arterial Rouse Ave and collector
streets Peach St and Broadway Ave, but can also be accessed by other local
streets such as Plum Ave or on foot/bike. The proposed future land use is not anticipated to have a significant change or additional burden to public facilities. The anticipated site improvements are consistent with other uses in the area.
iii) Adversely impacting existing uses because of unmitigated greater than
anticipated impacts on facilities and services? How does it not?
No, the proposed amendment will not adversely impact existing uses because of
unmitigated greater than anticipated impacts on facilities and services. Figure 6-7 in the Water Facility Plan shows that the area surrounding the proposed development has an acceptable level of headloss, which indicates there is adequate capacity to provide water for the proposed development without negatively affecting existing uses. Table 5.7 in the Water Facility Plan shows that
the proposed development (proposed B-2M zoning) requires 3,000 gpm of flow for 3 hours to suffice fire protection requirements. Figure 6-8 of the Water Facility Plan shows that the available fire flow for the proposed development area is 4,000-5,000 gpm, confirming that there is adequate fire flow available with 1,000 gpm to spare. The City’s design criteria specify that sewer pipes that have a
depth of flow to pipe diameter ratio (d/D) exceeding 0.75 are considered potentially deficient. Figure 4-8 of the Wastewater Collection Facilities Plan
168
Update (2015) shows that the sewer pipes servicing the proposed development and surrounding area all have a depth of flow to pipe diameter (d/D) ratio less than 0.75, indicating that there is adequate wastewater capacity for proper sewage
disposal. Some of the sewer pipes servicing the proposed development have an even lower depth of flow to pipe diameter ratio of 0.5 which indicates there is some extra capacity available. To summarize, the facilities and services for existing uses will not be adversely impacted by the brewery expansion.
iv) Negatively affecting the livability of the area of the health and safety of residents?
How does it not?
No, the proposed amendment does not negatively affect the livability of the area or the health and safety of residents. The proposed development aims to improve the livability of the area by providing a social gathering place, on-site employee housing, and creating jobs. There will still be adequate water, sewer, and street capacity for the area. Sewage and garbage will be properly disposed of to ensure
there are no health hazards resulting from the proposed development. Additional parking will be provided for the brewery so that street parking is not overwhelmed. Emergency access will be maintained via Rouse Ave, Peach St, Broadway Ave, and other local streets. Lastly, the proposed development will not overload fire flow capacity. In conclusion, the proposed expansion of Mountains
Walking will not negatively affect the livability of the area or the health and safety of residents. The proposed/anticipated improvements for the site will promote and provide employee housing for the associated Mountains Walking Brewery. The proposed use allows for safe and cost-effective housing, an overall benefit for employees.
169
Supporting Figures
for
Project Narrative
170
4,3370.1
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This product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information. Feet
5050
Legend
253
Location
505
05/24/2021
Created By:
Created For:
Date:
Title
Street Names
Community Plan Future Land Use
Urban Neighborhood
Traditional Core
Residential Mixed Use
Regional Commercial and Services
Community Commercial Mixed Use
Maker Space Mixed Use
Industrial
Public Institutions
Parks and Open Lands
No City Services
City Limits
171
172
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Advanced Engineering and Environmental Services, Inc.
173
Water Facility Plan Update Chapter 5 – Design Parameters and Evaluation Criteria July 2017
P05097-2013-001 Page 80
5.5.3 City of Bozeman Fire Flow Availability The evaluation completed for the Water Facility Plan Update determined available fire flows (to assess the distribution system under current and future water demand conditions) by using zoning districts that represent different types of development. Therefore, the fire flow requirements set forth in this Water Facility Plan Update are intended only for general planning purposes, and may not be reflective of actual fire flow requirements required by the size and construction type of a specific development, and will not identify specific non-conforming developments. These guidelines are intended to comply with requirements in the City’s Design Standards and Specifications calling for fire flow demands to be calculated as determined by ISO criteria. Available fire flow is the flow rate of water supply available at the hydrants for firefighting measured at a residual pressure of 20 psi. The residual pressure of 20 psi represents the minimum pressure required to provide normal water pressure to a second story faucet while a nearby fire event is in progress. Table 5.7 presents the recommended fire flow guidelines along with the required fire flow volumes used in the analysis. Figure 5-2 shows fire flow guidelines for existing and future land use. Zoning District Category Flow (gpm) Duration (hrs) No. of Fires Total Demand (gal) Residential Use R-4 Residential High Density 3,000 3 1 540,000 R-3 Residential Medium Density 3,000 3 1 540,000 R-2 Residential, Single-family Medium Density 1,500 2 1 180,000
R-1 Residential, Single-family
Low Density 1,500 2 1 120,000
PU Public Lands and Institutions 3,000 3 1 540,000
Commercial Use
B-1 Neighborhood Business 3,000 3 1 540,000
B-2 Community Business 3,000 3 1 540,000
B-3 Central Business 4,000 4 1 960,000
Industrial Use
M-1 Light Manufacturing 4,000 4 1 960,000
M-2 Manufacturing and Industrial 5,000 4 1 1,200,000
Table 5.7: Fire Flow Availability Guidelines
174
175
Figure 4-8 – Existing System Results – Maximum d/D
4-21
176
PLUM AVENUE
ALLE
Y LOTS 18, 19 & 20EXISTING LAND USEDESIGNATION:URBAN NEIGHBORHOODPOINT OFBEGINNINGPROPOSED LAND USEDESIGNATION:COMMUNITY COMMERCIAL MIXEDUSELEGENDSHEET1 OF 1GROWTH POLICY AMENDMENTBEING LOTS 18, 19, AND 20, BLOCK 50 OF THE NORTHERN PACIFIC ADDITION PLAT C-23,LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 7,TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANACivil EngineeringGeotechnical EngineeringLand Surveying32 DISCOVERY DRIVEBOZEMAN, MT 59718PHONE (406) 582-0221FAX (406) 582-5770www.alliedeng
ineer
ing.comBASIS OF BEARING, COORDINATESLEGAL DESCRIPTION177
4,3370.1
Miles
This product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information. Feet
5050
Legend
253
Location
505
05/24/2021
Created By:
Created For:
Date:
Title
Street Names
Community Plan Future Land Use
Urban Neighborhood
Traditional Core
Residential Mixed Use
Regional Commercial and Services
Community Commercial Mixed Use
Maker Space Mixed Use
Industrial
Public Institutions
Parks and Open Lands
No City Services
City Limits
178
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Community Development Director
SUBJECT:Resolution 5344 Intent to Consider the South 3rd Growth Policy Amendment
to Modify the Future Land Use Map from Public Institutions to Urban
Neighborhood, Addressed at 2303 South 3rd Avenue, Application 19309
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5344, a resolution of intent to consider the South 3rd
growth policy amendment to amend the future land use map from Public
Institutions to Urban Neighborhood.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The City of Bozeman adopted its current growth policy, the Bozeman
Community Plan 2020, on November 19, 2020 through Resolution 5133.
Chapter 3, Future Lad Use, establishes the future land use. The map depicts
various classifications of land described in Chapter 4 of the Bozeman
Community Plan 2020 and the City’s expectations for the future use of that
land.
Chapter 5, Amendments and Review, establishes who and how amendments
to the future land use map may be amended. The applicant, the City of
Bozeman, has requested a change in designation from Public Institutions to
Urban Neighborhood after hearing from a property owner that the existing
land use designation is incorrect. The subject property has been designated
as Public Lands in the 2001, 2009, and the recently adopted community
plans, the Bozeman 2020 Community Plan, the Bozeman Community Plan,
and the Bozeman Community Plan 2020 respectively.
This GPA request is in conjunction with an annexation and zoning
application currently being reviewed by the City.
Passage of Resolution 5344 will not amend the growth policy. Rather, it will
initiate the formal process, including notice to adjacent landowners, to
evaluate whether the requested amendment is consistent with the overall
policies and purposes of the growth policy. The Planning Board and City
179
Commission will hold public hearings before any final decision. A full analysis
of the review criteria found in Chapter 5 of the Community Plan will be
included with the formal staff report prepared for the Planning Board and
City Commission.
The proposed schedule for the review of this application is as follows.
City Commission Resolution of Intent October 12, 2021
Planning Board review and recommendation November 1, 2021
City Commission Public Hearing December 7, 2021
UNRESOLVED ISSUES: None identified
ALTERNATIVES:As determined by the City Commission
FISCAL EFFECTS:None identified
Attachments:
21309 S 3rd Resolution of Intent 5344.pdf
Report compiled on: September 29, 2021
180
Version April 2020
RESOLUTION 5344
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN
AMENDMENT TO THE FUTURE LAND USE MAP OF THE BOZEMAN COMMUNITY
PLAN 2020.
WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since
1958, and
WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman
Community Plan 2020 (BCP) through Resolution 5133 on November 17, 2020, and
WHEREAS, the Bozeman Community Plan 2020, Chapter 5, establishes criteria for the
amending of the document, and
WHEREAS, an application has been received to amend the Future Land Use Map of the
growth policy, and
WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a
resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a
growth policy,
Section 1
In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the
application for amendment and possible corresponding revisions to the growth policy is hereby
stated.
Section 2
That a public hearing be set and advertised for the purpose of receiving public testimony
on application 21309, South 3rd growth policy amendment to the Future Land Use Map of the
Bozeman Community Plan. Expected dates are with the Planning Board hearing on November 1,
2021 and the City Commission hearing on December 7, 2021.
181
Version April 2020
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
182
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Resolution 5347 Authorizing the Use of an Alternative Project Delivery
Contract for a General Contractor / Construction Manager for
Preconstruction and Construction Services for the Bozeman Public Library
Expansion
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution No. 5347 Authorizing the Use of an Alternative Project
Delivery Contract for a General Contractor / Construction Manager for
Preconstruction and Construction Services for the Bozeman Public Library
Expansion.
STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural
"infrastructure" as the city grows.
BACKGROUND:In 2005, the Montana Legislature created an alternative project delivery
process for certain construction projects of the state and local government.
MCA 18-2-502 establishes requirements that must be met in order to use an
alternative project delivery contract, including a written justification. City
staff recommends using the General Contractor/Construction Manager
(GC/CM) process in the Bozeman Public Library Expansion.
Increased demand for flexible meeting space, in addition to evolving
program needs, has resulted in the need to pursue an interior renovation
and possible addition to the Bozeman Public Library. In the past the City has
successfully used an alternative project delivery process in the construction
of several municipal construction projects including the Public Library, the
Parking Garage, Fire Station 3, the Anderson Pavilion at Bogert Park, and the
Public Safety Center. The GC/CM delivery method is intended to create a
more collaborative relationship between the City and general contractor that
is not found in a traditional design-bid-build delivery method. The GC/CM
model involves the general contractor early in the process to review
constructability, methods and means, and long term durability. The GC/CM
will also provide a guaranteed maximum price (GMP) for the project which
will assist in the Bozeman Public Library Expansion, at or below, budget. We
have found that involving the contractor at this stage of the process results
in better cost estimates and reduced change orders. Even though the
contractor provides a GMP, the elements of construction are still bid to
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ensure competitive prices are received by the City.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Utilize the traditional design-bid-build project delivery process.
FISCAL EFFECTS:The Bozeman Public Library Expansion will be funded by the Library
Foundation through a combination of capital reserves and donor
contributions.
Attachments:
Commission Resolution 5347.docx
Report compiled on: September 30, 2021
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Resolution 5091, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bogert Pavilion
RESOLUTION NO. 5347
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AUTHORIZING THE USE OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR
A GENERAL CONTRACTOR / CONSTRUCTION MANAGER FOR PRECONSTRUCTION
AND CONSTRUCTION SERVICES FOR THE BOZEMAN PUBLIC LIBRARY EXPANSION
WHEREAS, the City of Bozeman is proceeding with the Bozeman Public Library
Expansion and is in need of a General Contractor / Construction Manager to provide
preconstruction and construction services; and
WHEREAS, Sec. 18-2-502, MCA, authorizes a local governing body, upon adoption of
a resolution to use an alternative project delivery contract upon showing specific statutory criteria
have been met; and
WHEREAS, the City Commission determines the use of a general contractor/construction
manager for preconstruction and construction services is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
The Bozeman City Commission hereby authorizes the use of an alternative delivery
project contract for a General Contractor / Construction Manager for services related to the
Bozeman Public Library Expansion.
Section 2
The City Commission determines:
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Resolution 5347, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bozeman Public Library Expansion
1. The City has knowledgeable staff including the Strategic Services Director as Project
Manager, City Attorney, and Facilities Superintendent, and its Architectural and
Engineering consultants, who have the capacity to manage an alternative project delivery
contract.
2. The contract will be awarded in a manner consistent with state law and City policies
through publication of a request for qualifications and a request for proposals submitted to
qualified applicants with a final selection to be made upon merit and qualifications. The
process will be conducted in a manner that will not encourage favoritism or bias nor
substantially diminish competition, by conducting the process in such a manner that only
qualified contractors will be eligible, and that the award of the contract will be based on
experience and expertise of the applicants.
3. The contract between the City and the General Contractor / Construction Manager will
require all subcontractors to be selected through a competitive bidding process in
compliance with applicable state and local law.
Section 3
The City Commission determines that by using a General Contractor / Construction Manager, the
involvement of such a professional will contribute to significant cost savings for the Bozeman
Public Library Expansion. Significant cost savings that justify an alternative project delivery
contract in this case derive from but are not limited to value engineering, life cycle analysis, and
construction planning. In addition, the City Commission determines the project presents
significant complexities related to the phasing of construction that necessitate the use of a General
Contractor / Construction Manager.
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Resolution 5347, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bozeman Public Library Expansion
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 12th day of October, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
______________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Scott Shirley, Interim Public Works Director
SUBJECT:Authorize the City Manager to sign a Utility Easement with One 11 Lofts
Owner, LLC for the One 11 Lofts SP (20456)
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with One 11 Lofts
Owner, LLC for the One 11 Lofts SP (20456).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Utility Easement
Report compiled on: October 7, 2021
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Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Proclaiming Indigenous Peoples' Day
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Proclaim Indigenous Peoples' Day
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The second Monday of October of each year shall be Indigenous Peoples’
Day in the City of Bozeman, Montana.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:N/A
FISCAL EFFECTS:None
Attachments:
Proclamation for Indigenous Peoples' Day.docx
Report compiled on: October 6, 2021
193
Proclamation to Recognize and Celebrate Indigenous Peoples’ Day
on the Second Monday of Each October
WHEREAS, the State of Montana recognizes through its highest law, the State Constitution,
Article X § 1(2), the distinct and unique cultural heritage of the American Indians and is
committed in its educational goals to the preservation of their cultural integrity; and
WHEREAS, the City of Bozeman, as a self-governing municipal government operating
pursuant to its Charter and the laws of the State of Montana, embraces its responsibility to
promote equality and the historic integrity of American Indians, especially the thirteen (13)
Tribes of the State that together constitute the largest minority group resident in the State of
Montana; and
WHEREAS, the City recognizes that Indigenous Peoples are the original inhabitants from time
immemorial of the lands that now constitute the City of Bozeman; and
WHEREAS, the City of Bozeman recognizes the fact that Bozeman is built upon homelands and
villages, and traditional use areas of the Bitterroot Salish, Pend O’Reille, Kootenai, Blackfeet,
Northern Cheyenne, Crow, Chippewa Cree, Assiniboine, Gros Ventre, Dakota, and other
Indigenous nations of this region;and
WHEREAS, the City recognizes the important contributions of Indigenous Peoples, the region’s
rich American Indian history and contemporary cultural influences that contribute to our
beautifully diverse community; and
WHEREAS, the City opposes any and all systemic forms of racism toward humanity, expressly
Indigenous Peoples who have been subjugated by policies aimed at assimilating and, at times,
eradicating their cultural existence; and
WHEREAS, the celebration of Columbus Day is an affront to all Indigenous Peoples in the Americas;
and
WHEREAS, The City of Bozeman remains open for business on Columbus Day (a State of Montana
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holiday); and
WHEREAS, Indigenous Peoples’ Day is a day that recognizes and commemorates the contributions of
Native people; and
WHEREAS, the City recognizes and celebrates the cultural survival and resilience of the Indigenous
Peoples in the face of genocide;
NOW THEREFORE, AS THE MAYOR OF BOZEMAN I PROCLAIM THAT the City of
Bozeman, Montana supports the contributions of American Indians to our community, economy and rich
culture by observing and celebrating Indigenous Peoples’ Day;
AND I FURTHER PROCLAIM AND DECLARE that the second Monday of October of each
year shall be Indigenous Peoples’ Day in the City of Bozeman, Montana.
Signed and Proclaimed this 14th day of October, 2021.
_________________________________
Cynthia L. Andrus
Mayor
Bozeman, Montana
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Memorandum
REPORT TO:City Commission
FROM:Tanya Andreasen, Community Engagement Manager, One Valley Community
Foundation
SUBJECT:One Valley Housing Report
MEETING DATE:October 12, 2021
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive the presentation from One Valley on the Housing Report.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The digital version is online: www.onevalley.org/regionalhousing. The
appendices and the report itself are linked there.
UNRESOLVED ISSUES:N/A
ALTERNATIVES:N/A
FISCAL EFFECTS:None
Report compiled on: October 6, 2021
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