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Home My WebLink About01-04-22 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.Special Presentation Swearing in of Deputy Mayor Terry Cunningham Swearing in of Commissioner I-Ho Pomeroy Swearing in of Commissioner Jennifer Madgic Swearing in of Commissioner Christopher Coburn Recognition of Swearing in of Judge J. Colleen Herrington D.Changes to the Agenda E.FYI F.Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 4, 2022 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=e4088d0517bf553a160ced809334b3612 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 2557 698 7193 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.Approval of Minutes G.1 Approve the regular meeting minutes from: October 19, 2021 October 26, 2021 November 9, 2021 November 16, 2021 November 23, 2021 December 7, 2021 December 14, 2021 Â Approve the special meeting minutes for: September 24, 2021 Â Approve the executive session minutes for: December 14, 2021(Maas) H.Consent H.1 Accounts Payable Claims Review and Approval (Stewart) H.2 Authorize the City Manager to Sign a Utility Easement with Four Fly Fellows, LLC for The Flats SP (21078)(Johnson) H.3 Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2585890 with Bon Ton Inc for the Allison Subdivision Phase 4A Project (20430)(Johnson) H.4 Authorize the City Manager to Sign a Professional Architectural Services Agreement with Hennebery Eddy Architects for Design and Contract Administration Services for the Remodel of the Solid Waste Facility(Handelin) H.5 Authorize the City Manager to Sign a Memorandum of Agreement with the Montana Department of Transportation (MDT) for the Bridger Drive and Story Mill Road Improvements Project(Murray) H.6 Authorize the City Manager to Sign a Contract with American Medical Response for Backup Ambulance Services(Waldo ) H.7 Authorize the City Manager to Sign a Professional Services Agreement with Western Skies Landscapes, LLC to Provide Sidewalk Snow Removal Services(Roberts) H.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update(Lehigh) H.9 Resolution 5365 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Fire Station 2 Relocation(Henderson) H.10 Resolution 5367 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, Located on the West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application 21309(Rogers) H.11 Ordinance 2095 Final Adoption to Rezone 3.4 Acres from B-2, Community Business District to B-2M, Community Business District-Mixed, Application 21192, Property Located on the Southeast Corner of South 19th Avenue and West Babcock Street(Rogers) I.Public Comment 2 This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. J.FYI / Discussion K.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: October 19, 2021 October 26, 2021 November 9, 2021 November 16, 2021 November 23, 2021 December 7, 2021 December 14, 2021 Approve the special meeting minutes for: September 24, 2021 Approve the executive session minutes for: December 14, 2021 MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen 4 Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. https://www.bozeman.net/government/city-commission/city-commission- video Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 10-19-21 MINUTES City Commission Meeting Minutes.pdf 10-26-21 MINUTES City Commission Meeting Minutes.pdf 11-09-21 MINUTES City Commission Meeting.pdf 11-16-21 MINUTES City Commission Meeting Minutes.pdf 11-23-21 MINUTES City Commission Meeting.pdf 12-07-21 MINUTES City Commission Meeting of Bozeman, Montana.pdf 12-14-21 MINUTES City Commission Meeting of Bozeman, Montana.pdf 09-24-21 City Commission Special Meeting Minutes.pdf Report compiled on: September 22, 2021 5 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES October 19, 2021 Present: Mayor Andrus, Deputy Mayor Cunningham, Cr. Pomeroy, Cr. Madgic, Cr. Coburn Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:03:58 Call to Order - 6:00 PM - Via WebEx B) 00:04:05 Pledge of Allegiance and a Moment of Silence C) 00:04:39 Changes to the Agenda • There were no changes to the agenda. D) 00:04:51 FYI • CM Mihelich provided updates on the Sourdough Fuels Reduction Project and the Public Safety Center. E) 00:06:21 Commission Disclosures • DM Cunningham disclosed he has received several voicemails and phone calls regarding H1, the Gallatin County Rest Home Application. He has also had conversations over the years with County Commissioners about using the land for workforce housing or childcare. Those discussions were not related to zoning and none of them have taken place since the application was filed. F) 00:07:46 Consent F.1 Accounts Payable Claims Review and Approval F.2 Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities as of September 30, 2021 Depository Bonds & Securities 0921.pdf F.3 Authorize the Mayor to Sign a Findings of Fact and Order for the Soper Minor Subdivision, Application 21282 21282 Soper Minor PreliminaryPlat_082521.pdf 6 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 2 of 9 21282 Soper Minor Preliminary Plat FOF.pdf F.4 Authorize City Manager to Sign a Professional Services Agreement with Bang the Table for an Online Community Engagement Platform PSA Engagement Platform Bang the Table F.5 Resolution 5337, Intent to Create Special Improvement Lighting District #766 for Northwest Crossing Phase 1 Resolution 5337-Intent to Create SILD 766.docx SILD Exhibit A-Northwest Crossing Phase 1.pdf Exhibit B-Northwest Crossing Phase 1.pdf F.6 Resolution 5339, Intent to Create Special Improvement Lighting District #768 for Allison Phase 4A Resolution 5339-Intent to Creat SILD 768 Allison Subdivision Ph 4A).docx Exhibit A Allison Sub Ph 4A.pdf Exhibit B Allison Sub Ph 4A.pdf F.7 Resolution 5341, Intent to Create Special Improvement Lighting District #767 for Bozeman Gateway Subdivision PUD Phase 4 (West Garfield Street) Resolution5341-Intent to Creatd SILD 767 .docx Exhibit A.pdf Exhibit B.pdf F.8 Ordinance 2088, Provisionally Adopting the Gran Cielo Subdivision Phase 2 Zone Map Amendment to Change 8.552 acres from R-4, Residential High Density District to R-5, Residential Mixed Use High Density District at the Northwest Corner of the Intersection of S 27th Avenue and Bennett Boulevard, Application 21095. Ordinance 2088 Gran Cielo Phase 2 ZMA 21095.pdf GRAN CIELO ZMA MAP 10-07-21.pdf 00:07:49 CM Mihelich provided the highlights of the Consent Agenda. 00:08:58 Public Comment • There were no public comments on the Consent Agenda. 00:11:42 Motion Consent Items 1-8 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:11:59 Vote on the Motion to approve Consent Items 1-8 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 7 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 3 of 9 G) 00:12:18 Public Comment • There were no general public comments. H) 00:16:21 Action Items H.1 00:16:22 Ordinance 2093, Provisionally Adopting the Gallatin County Rest Home Zone Map Amendment to Revise the Zoning map on 9.8 acres at 1221 Durston Road from R3 - Medium Density Residential to R4 - High Density Residential, application 21330 Ordinance 2093.pdf 21330 GC Rest Home ZMA Staff Report CC.pdf 00:16:26 CM Introduction 00:16:41 Staff Presentation Community Development Manager Chris Saunders entered the staff report, application materials, comments received to date, and the zoning commission recommendation into the record. He provided the location of the zone map amendment, the current zoning, the requested zoning, the surrounding zoning and the future land use map. He provided the background on the urban neighborhood designation. He explained the criteria and policies considered in zone map amendments and provided a summary of staff's finding in regards to the criteria. He noted the public comments and an official protest. He provided the recommended motion. 00:25:11 Questions of Staff 01:07:59 Applicant Presentation Sean O'Callaghan, Gallatin County Planning Director, Garrit McAllister, Gallatin County Long Range Planner, and County Commissioner Scott McFarlane presented the application. Sean O'Callaghan provided an aerial photos of the site and explained why the County is pursuing a zone map amendment. Garrett McAllister provided the future land use map and explained complementary uses and density as designated by an "urban neighborhood". He highlighted the infill development goal and the comprehensive plan policies that support the zone map amendment proposal. 01:19:10 Questions of applicant. 01:26:21 Public Comment 01:28:35 Deidre Lambert, Public Comment Deirdre Lambert spoke in opposition to the zone map amendment. 01:32:44 Andrew Webster, Public Comment Andrew Webster commented in opposition to the zone map amendment. 01:37:04 Jason Triantis, Public Comment Jason Triantis commented in opposition to the zone map amendment. 01:40:34 Christi & Josh Horstmann, Public Comment 8 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 4 of 9 Christi and Josh Horstmann commented in opposition to the zone map amendment. 01:43:39 Andy Macrae, Public Comment Andy Macrae spoke in opposition to the zone map amendment. 01:44:53 Dean Schelhammer, Public comment Dean Schelhammer commented in opposition to the zone map amendment. 01:45:52 John Pribyl John Pribyl commented in opposition to the zone map amendment. 01:48:59 Brian Koenig, Public Comment Brian Koenig commented in opposition to the zone map amendment. 01:51:22 Craig Dunham, Public Comment Craig Dunham commented in opposition to the zone map amendment. 01:54:40 Aimee Spivak, Public Comment Aimee Spivak commented in opposition to the zone map amendment. 01:55:37 Frannie Moulton, Public Comment Frannie Moulton commented in opposition to the zone map amendment. 01:57:37 Stacie Coppens, Public Comment Stacie Coppens commented in opposition to the zone map amendment. 01:59:17 Laura Finley, Public Comment Laura Finley commented in opposition to the zone map amendment. 02:03:05 Clarification of applicant 02:08:56 Questions of Staff 02:13:31 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21330 and move to provisionally adopt Ordinance 2093, the Gallatin County Rest Home Zone Map Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:14:04 Discussion • DM Cunningham noted how the application could fit into the urban neighborhood designation and fit into the City's growth policy. He agreed with all staff findings and clarified the development application process. He will be supporting the motion. 9 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 5 of 9 • Cr. Madgic showed appreciation for the County's application and the neighborhood concerns. She explained many facets of this application that meet the growth policy. She noted concern regarding the protest and the lack of trust in the process. She disagreed with staff on F7 due to the access by way of a local street. • Cr. Coburn agreed with DM Cunningham's review of the staff report and criteria met. He noted the County is a partner who is looking to help the City achieve its housing goals. He will be supporting the motion. • Cr. Pomeroy agreed with staff's findings. She highlighted the definition of infill and emphasized the need for housing. • Mayor Andrus associated herself with the comments of her colleagues. She encouraged the commission to think about all scenarios that could happen with the application. 02:43:33 Vote on the Motion to free form Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21330 and move to provisionally adopt Ordinance 2093, the Gallatin County Rest Home Zone Map Amendment. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic 02:44:12 Recess Mayor Andrus called the meeting into recess. 02:51:37 Order Mayor Andrus called the meeting to order. H.2 02:52:01 Ordinance 2084, Provisional Adoption Generally Revising Laws and Regulations Related to Marijuana and the Montana Marijuana Regulation and Taxation Act 21360 Staff Report for the Marijuana Text Amendment CC.pdf HB0701 final.pdf ORDINANCE NO 2084 10.19.21.pdf 02:52:06 CM Introduction 02:52:27 Staff Presentation Assistant City Attorney Anna Saverud presented the proposed ordinance. She provided background on Ordinance 2084 and marijuana legislation. She provided the proposed amendments to the zoning code. She noted the noticing, the zoning commission approval, the development review committee approval and public comment. She provided recommended motion language. 03:09:53 Questions of Staff 10 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 6 of 9 03:45:16 Public Comment 03:47:16 Evan Rainey, Public Comment Evan Rainey commented on the zoning restrictions' relation to growth. 03:48:35 Ryan Saghatelian, Public Comment Ryan Saghatelian commented on the 500ft buffer from Montana State University and in support of the cap. 03:50:53 Adam Arnold, Public Comment Adam Arnold commented in support of a cap. 03:54:17 Elliott Lindsey, Public Comment Elliot Lindsey commented in support of a cap. 03:56:32 Motion Having reviewed and considered the staff report, application materials, public comment and all the information presented, I hereby adopt the findings presented in the staff report for application 21360 and move to provisionally adopt ordinance 2084. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:57:01 Discussion • Cr. Madgic agreed with staff's findings. She supports removing the cap and noted the MSU and downtown buffers raise questions. • Cr. Coburn noted he does not feel it is appropriate to make a more restrictive system than the legislature. • Cr. Pomeroy will be supporting the motion. • DM Cunningham noted it is a new industry. He stated he would be inclined to vote on a motion that is less restrictive on the boundary than the state. • Mayor Andrus would support the motion as is. 04:07:27 Motion Move to amend the ordinance to anywhere where there is reference to the 500 feet from property bounds to change that in order to be in alignment with state law which is 500 feet from the entrance of those restricted places as passed by the state legislature. Christopher Coburn: Motion Jennifer Madgic: 2nd 04:08:29 Discussion on Amendment • Cr. Coburn stated it does not make sense to be more restrictive than state law and feels the amendment is what the community indicated they wanted when they voted. • Cr. Madgic will be supporting the amendment for reasons previously stated. • Cr. Pomeroy will not support the amendment. • DM Cunningham will be supporting the motion for reasons stated by Cr. Coburn. 11 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 7 of 9 04:10:24 Vote on the Motion to amend the ordinance to anywhere where there is reference to the 500 feet from property bounds to change that in order to be in alignment with state law which is 500 feet from the entrance of those restricted places as passed by the state legislature.. The Motion carried 3 - 2 Approve: Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus I-Ho Pomeroy 04:10:49 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment and all the information presented, I hereby adopt the findings presented in the staff report for application 21360 and move to provisionally adopt ordinance 2084. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:11:08 Resolution 5348, Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman RESOLUTION 5348.pdf 04:11:13 Mayor Andrus continued the meeting until 10:30pm. 04:11:17 CM Introduction 04:11:27 Staff Presentation Assistant City Attorney Anna Saverud presented the Resolution. She provided the recommended fee, a comparison of other fees, and provided the reason for the fee recommendation. 04:14:34 Questions of Staff 04:21:57 Public Comment There were no public comments. 04:25:28 Motion Move to approve Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman. Christopher Coburn: Motion 12 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 8 of 9 I-Ho Pomeroy: 2nd 04:25:44 Motion to amend Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman to be revisited in 2 years from adoption to reaffirm or change the fee established in this resolution. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:26:02 Discussion on Amendment • Cr. Coburn noted he would like to ensure the fee is appropriate as time goes on. • Cr. Pomeroy stated it makes sense and will be supporting the motion. • DM Cunningham will be supporting the motion. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion. 04:27:23 Vote on the Motion to amend Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman to be revisited in 2 years from adoption to reaffirm or change the fee established in this resolution. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:25:40 Discussion on main motion • Cr. Coburn will be supporting the motion and stated the fee makes sense given the new criteria and processes that will need to be in place. • Cr. Pomeroy will be supporting the motion for reasons stated by her colleague. • DM Cunningham will be supporting the motion. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion. 04:28:36 Vote on the Motion to approve Move to approve Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 13 Bozeman City Commission Meeting Minutes, October 19, 2021 Page 9 of 9 Disapprove: None I) 04:28:56 FYI / Discussion • Mayor Andrus noted her appreciation for the evening's discussion, particularly on action item 1. J) 04:29:23 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: January 4, 2022 14 Bozeman City Commission Meeting Minutes, October 26, 2021 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES October 26, 2021 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ACA) Anna Saverud, City Clerk (CC) Mike Maas A) 00:02:24 Call to Order - 6:00 PM - WebEx Videoconference B) 00:06:41 Pledge of Allegiance and a Moment of Silence C) 00:07:18 Changes to the Agenda There were no changes to the agenda. D) 00:07:41 Authorize Absence D.1 00:07:41 Authorize the Absence of Mayor Andrus 00:07:51 Motion to authorize the absence of Mayor Andrus. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:07:57 Vote on the Motion to authorize the absence of Mayor Andrus. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic 15 Bozeman City Commission Meeting Minutes, October 26, 2021 Page 2 of 5 Christopher Coburn Disapprove: None E) 00:08:19 Public Service Announcements E.1 There will be no City Commission Meeting on Election Day, November 2, 2021 F) 00:08:34 FYI • Cr. Pomeroy provided an update on the HRDC efforts in the community after their tour of facilities. She noted the commitment of all candidates in the municipal election. • DM Cunningham noted the municipal election initiatives and information on the City's website. He made note to drop ballots off at the courthouse to ensure they are received by the deadline of November 2. • CM Mihelich provided an update on the City's DEI Roundtable that was hosted last night and commented on the role of Dani Hess and Melody Mileur. He provided an update on continued efforts to clean up the city trees after the recent snow storm. He noted the Pear Street booster station was brought back online. G) 00:15:47 Commission Disclosures There were no disclosures. H) 00:15:55 Approval of Minutes H.1 00:15:56 Approve the regular meeting minutes from: September 21, 2021 September 28, 2021 October 5, 2021 October 12, 2021 09-21-21 FINAL MINUTES City Commission Meeting Minutes.pdf 09-28-21 FINAL MINUTES City Commission Meeting Minutes.pdf 10-05-21 FINAL MINUTES City Commission Meeting Minutes.pdf 10-12-21 FINAL MINUTES City Commission Meeting.pdf 00:16:05 Motion to approve the combined City Commission minutes as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:16:27 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. 16 Bozeman City Commission Meeting Minutes, October 26, 2021 Page 3 of 5 Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:16:41 Consent I.1 Approval of Depository Bonds and Pledged Securities as of September 30, 2021 Depository Bonds & Securities 0921.pdf I.2 Formal Cancellation of the November 2, 2021 City Commission Meeting I.3 Authorize the Mayor to Sign the Agreement to Terminate Pedestrian-Traffic Safety Committee Inter-Local Cooperative Agreement PTSC Termination Agreement.pdf I.4 Authorize the City Manager to Sign a Utility Easement with One 11 Lofts Owner, LLC for the One 11 Lofts SP (20456) Utility Easement I.5 Authorize the City Manager to Sign a Letter of Concurrence with the Findings of the MDT Speed Study for MT-86 (Bridger Drive) 20211019_MDT Bridger Drive Speed study_letter.pdf 20200702_MT 86-Bridger Dr_speed study.pdf I.6 Authorize the City Manager to Sign a Letter Recommending Changes to the Findings of the MDT Speed Study for South 19th Avenue 20210218_S19thAve_speed study.pdf 20211019_MDT S19th Ave Speed study_letter.pdf I.7 Authorize the City Manager to Sign an Indefinite Land Lease Agreement with Montana Rail Link to Facilitate the Construction and Long-term Operation of the Manley Ditch 20211026_MRL lease agreement_for city signature.pdf I.8 Authorize the City Manager to Sign an Amendment 8 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Water Renovations Projects City Survey-PSA Amendment No 8.pdf Original Survey PSA.pdf I.9 Ordinance 2094 Provisional Adoption to Rezone 3.492 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21172 Lot 5C Ordinance 2094.pdf 210040 Lot 5C Annie Subdivision Phase 2 Zone Map Amendment (2021.10.13).pdf 00:16:53 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 17 Bozeman City Commission Meeting Minutes, October 26, 2021 Page 4 of 5 00:18:31 Public Comment There were no public comments on the Consent Agenda. 00:22:04 Motion to approve Consent Items 1 - 9 as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:22:16 Vote on the Motion to approve Consent Items 1 - 9 as submitted. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 00:22:31 Public Comment There were no general public comments. K) 00:26:03 Action Items K.1 00:26:04 Ordinance 2092 Provisional Adoption Amending Bozeman Municipal Code Section 2.03.540 governing Gifts, Gratuities, and Favors 211019 Gifts-Ethics Ordinance_final.pdf 00:26:32 Staff Presentation Assistant City Attorney Jen Giuttari presented Ordinance 2092 to amend the Bozeman Municipal Code related to gifts, gratuities, and favor. She presented the background, the intent behind the gifts, gratuities, and favors prohibition and the newly proposed language, current exclusions from the same provision, the new additions for exclusions, and the recommended action. 00:48:00 Questions of Staff 00:53:34 Public Comment There were no public comments on this item. 00:57:19 Motion to provisionally adopt Ordinance 2092, which amends Bozeman Municipal Code Section 2.03.540: Gifts, Gratuities, and Favors. 18 Bozeman City Commission Meeting Minutes, October 26, 2021 Page 5 of 5 Jennifer Madgic: Motion Christopher Coburn: 2nd 00:57:59 Discussion 01:01:23 Vote on the Motion to provisionally adopt Ordinance 2092, which amends Bozeman Municipal Code Section 2.03.540: Gifts, Gratuities, and Favors. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 01:01:49 FYI / Discussion M) 01:02:01 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 19 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 9, 2021 A) 00:05:30 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:36 Pledge of Allegiance and a Moment of Silence C) 00:06:05 Changes to the Agenda • CM Mihelich noted the removal of Consent Item G13. E) 00:06:37 FYI • Mayor Andrus thanked all members of Citizen Advisory Boards. • CM Mihelich highlighted the completion of the Sourdough Fuels Reduction Project and the Can the Griz collaboration with Parking Enforcement. F) 00:09:30 Commission Disclosures • There were no commission disclosures. G) 00:09:32 Consent G.1 Accounts Payable Claims Review and Approval G.2 Sub-grantee Acceptance of the Edward Byrne Memorial Justice Assistance Grant in the Amount of $103,880 and Authorization to Sign the Contract with Gallatin County Allocating the Use of Those Funds Program Face Sheet and Exhibits.pdf G.3 Authorize the City Manager to Sign the Low Income Home Water/Wastewater Assistance Program Contractor Application and Contract LIHWAP PWS Letter Contract.pdf G.4 Authorize the City Manager to Sign a Contract for General Contractor / Construction Manager Services for the Bozeman Public Library Expansion 1 - Contract between City and GCCM.docx 2 - Pre-Construction Services Conditions.docx 3 - General Conditions.docx 4 - Nondiscrimination and Equal Pay Affirmation.docx 20 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 2 of 11 G.5 Authorize the City Manager to Sign a Professional Services Agreement with Ken VanDeWalle Architect AIA, Inc. for Architectural Services for East Aspen Pedestrian Bridge Architectural Services Agreement November 2021.docx Aspen Street Pedestrian Bridge Professional Fee Proposal.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Morrison Maierle for North Seventh Streetscape Project Engineering Short Form PSA Engineering_MMI_Midtown Oct 2021.pdf G.7 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update Amendment No. 1 to Professional Services Agreement Original Professional Services Agreement Figure - Exhibit A G.8 Authorize the City Manager to Sign the Second Amendment to Professional Services Agreement with MacDonald Consulting for Lobbying Services Second PSA Amendment for lobbying services with MacDonald Consulting.docx G.9 Resolution 5351 Confirming the Appointment of a Police Officer in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 Commission Resolution - Fitzpatrick Confirmation.pdf G.10 Resolution 5352 Authorizing Change Order 4 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project Norton-Davis Resolution 5352 and Change Order No. 4.pdf G.11 Ordinance 2084 Final Adoption: Ordinance Generally Revising Laws and Regulations Related to Marijuana ORDINANCE NO 2084 Final Adoption.pdf HB0701 final.pdf G.12 Ordinance 2088 Final Adoption of the Gran Cielo Subdivision Phase 2 Zone Map Amendment to Change 8.552 Acres From R-4, Residential High Density District to R-5, Residential Mixed Use High Density District at the Northwest Corner of the Intersection of S 27th Avenue and Bennett Boulevard, Application 21095 Ordinance 2088 Gran Cielo Phase 2 ZMA 21095.pdf GRAN CIELO ZMA MAP 10-07-21.pdf G.13 Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section 2.03.540 governing Gifts, Gratuities, and Favors 211027 Gifts-Ethics Ordinance_final.pdf G.14 Ordinance 2094 Final Adoption to Rezone 3.492 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21172 Lot 5C Ordinance 2094.pdf 210040 Lot 5C Annie Subdivision Phase 2 Zone Map Amendment (2021.10.13).pdf 00:09:42 CM Mihelich provided the highlights of the Consent Agenda. 00:10:24 Public Comment • There were no public comments on the Consent Agendas. 00:13:14 Motion I move to approve Consent Items 1-12 & 14. 21 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 3 of 11 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:13:32 Vote on the Motion to approve I move to approve Consent Items 1-12 & 14. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:54 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 00:14:11 Ordinance 2093 Final Adoption of the Gallatin County Rest Home Zone Map Amendment to Revise the Zoning Map on 9.8 acres at 1221 Durston Road from R3 Medium Density Residential to R4 High Density Residential, Application 21330 Ordinance 2093.pdf 00:14:17 City Manager Introduction 00:14:37 Motion I move to approve Consent II as submitted Item H1. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:14:50 Vote on the Motion to approve I move to approve Consent II as submitted Item H1. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic I) 00:15:17 Public Comment • There were no general public comments. J) 00:18:20 Special Presentation J.1 00:18:21 First Quarter Financial Report FY22 QTR 1 Report .pdf 22 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 4 of 11 00:18:24 City Manager Introduction 00:18:39 Staff Presentation Finance Director Kristin Donald provided the first quarter financial report of FY22. She presented the all fund expenditures and revenues. She provided an update on the general fund expenditures and revenue. She provided an update on other funds - community development and impact fees. She provided an update on enterprise funds expenditures and revenues. She provided an update on the ARPA funds. K) 00:24:39 Action Items K.1 00:24:42 Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1 Resolution 5338-Creation of SILD 766.docx 00:24:44 City Manager Introduction 00:24:57 Staff Presentation Finance Director Kristin Donald presented SILD 766. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:25:59 Questions of Staff 00:27:40 Public Comment • There were no public comments. 00:30:08 Motion Adopt Commission Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:30:28 Discussion • Cr. Pomeroy noted creating a lighting district is part of final plat approval and she will be supporting the motion. 00:30:58 Vote on the Motion to approve Adopt Commission Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 23 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 5 of 11 Disapprove: None K.2 00:31:18 Resolution 5340 Creation of Special Improvement Lighting District 768 for Allison Subdivision Phase 4A Resolution 5340-Creation of SILD 768 Allison Subdivison Ph 4A.docx 00:31:19 City Manager Introduction 00:31:31 Staff Presentation Finance Director Kristin Donald presented SILD 768. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:32:24 Questions of Staff 00:32:46 Public Comment • There were no public comments. 00:34:33 Motion Approve Commission Resolution 5340, Creation of Special Improvement Lighting District #768 for Allison Subdivision Phase 4A. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:34:49 Discussion • DM Cunningham noted on October 19, 2021 the Commission signaled its intent to create this lighting district and have not heard any objections so he will be approving the motion. • Cr. Madgic will be supporting the motion. • Cr. Pomeroy will be supporting the motion. 00:35:38 Vote on the Motion to approve Approve Commission Resolution 5340, Creation of Special Improvement Lighting District #768 for Allison Subdivision Phase 4A. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 00:35:57 Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.) Resolution 5342-Creation of SILD 767 .doc 24 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 6 of 11 00:36:02 City Manager Introduction 00:36:14 Staff Presentation Finance Director Kristin Donald presented SILD 767. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:36:55 Questions of Staff 00:37:16 Public Comment • There were no public comments. 00:39:34 Motion Adopt Commission Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.). Jennifer Madgic: Motion Christopher Coburn: 2nd 00:39:55 Discussion • Cr. Madgic will be supporting the motion and noted there were no protests. 00:40:20 Vote on the Motion to approve Adopt Commission Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.).. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.4 00:40:40 Resolution 5349 Amending the City Annual Budget for the Street Impact Fee Fund and the Arterial & Collector District Fund FY22 Appropriations and Amend the Capital Improvement Plan A&C and SIF Budget Amendment.docx Resolution 5349 Budget Amendment SIF and A&CD.docx 00:40:44 City Manager Introduction 00:40:59 Staff Presentation Finance Director Kristin Donald presented Resolution 5349 amending the budget and CIP. She presented the change to the CIP and the budget amendment. 25 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 7 of 11 00:43:52 Questions of Staff 00:55:01 Public Comment There were no public comments. 00:57:43 Motion Move to Approve Resolution 5349 Amending the city Annual Budget for Street Impact Fee Fund and Arterial & Collector District Fund Fy22 Appropriations and Amend the Capital Improvement Plan Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:58:06 Discussion • Cr. Coburn will be supporting the motion and noted appreciation for staff work in swapping projects to enhance the quality of life in Bozeman. • Cr. Pomeroy will be supporting the motion and highlighted saving tax payer dollars. • DM Cunningham will be supporting the motion. He noted issues with North/South connectivity and future plans to enhance connectivity. • Cr. Madgic will be supporting the motion and highlighted the positive recommendation from the Impact Fee Advisory Committee. • Mayor Andrus will be supporting the motion and associated herself with the comments of her colleagues. 01:02:33 Vote on the Motion to approve Move to Approve Resolution 5349 Amending the city Annual Budget for Street Impact Fee Fund and Arterial & Collector District Fund Fy22 Appropriations and Amend the Capital Improvement Plan. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.5 01:02:54 Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations. Resolution 5350 Budget Amendment Building Inspection Fund.docx 01:02:59 City Manager Introduction 01:03:12 Staff Presentation Finance Director Kristin Donald presented Resolution 5330. She provided the background on the budget amendment. 26 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 8 of 11 01:03:43 Questions of Staff 01:08:34 Public Comment • There were no public comments. 01:10:59 Motion Move to Approve Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:11:19 Discussion • Cr. Pomeroy will be supporting the motion and thanked CM Mihelich for hiring more inspectors. • DM Cunningham will be supporting the motion and noted he would support Cr. Coburn's request to seek out hybrid or electric vehicles. • Cr. Madgic will be supporting the motion and stressed the importance of replacing the City fleet with hybrid and electric vehicles. • Cr. Coburn will be supporting the motion and indicated he will amend the motion. 01:13:51 Motion Move to Amend Resolution 5350 to specify in Section 1, to increase appropriations $72,000 for purchasing two electric or hybrid vehicles for both building inspection staff. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:14:14 Discussion 01:14:43 Vote on the Motion to amend Move to Amend Resolution 5350 to specify in Section 1, to increase appropriations $72,000 for purchasing two electric or hybrid vehicles for both building inspection staff. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:15:09 Vote on the Motion to approve Move to Approve Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 27 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 9 of 11 Jennifer Madgic Christopher Coburn Disapprove: None L) 01:15:30 Work Session L.1 01:15:34 Annexation Policy for City Initiated Annexations Staff Memo 3 23 20 Annexation.pdf Resolution 5156 Adopting Extension of Services Plan 3 23 20.docx Extension of Servcies Plan DRAFT 3 13 20.pdf 01:15:37 City Manager Introduction 01:16:01 Staff Presentation CM Mihelich presented the background for City initiated annexations. He highlighted the questions for the Commission. 1) Do City initiated annexations remain a priority? 2) If so, does the Commission wish to develop an extension of services plan for city initiated annexations? and 3) If so, should staff develop a preliminary implementation plan? He provided past considerations. He provided a map and information about wholly surrounded properties and the current policy. He provided background on annexation in Montana and information on an extension of services plan. He highlighted what happens when an area is annexed. He highlighted next steps. 01:34:53 Recess Mayor Andrus called the meeting into recess. 01:40:52 Call back to Order Mayor Andrus called the meeting back to order. 01:41:00 Questions of Staff 02:52:16 Public Comment 02:54:06 Ralph Zimmer, Public Comment • Ralph Zimmer commented encouraging the City annexation of the railroad property at the intersection of Frontage Road and Valley Center Spur. He asked transportation not be overlooked when considering annexation. 02:58:29 Catherine Siepel, Public Comment • Catherine Siepel commented on the cost of annexation to the homeowners and neighborhood character. 03:02:29 Ruth Eddy, Public Comment 28 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 10 of 11 • Ruth Eddy commented she lives in a tiny house in a county island and does not believe the City would permit that. She asked the Commission take that and general affordability into account. 03:04:48 Jason Delmue, Public Comment • Jason Delmue commented the Commission should prioritize and implement the annexation plan on the easier properties first and then prioritize the rest by the potential of failure. 03:07:27 Evan Rainy, Public Comment • Evan Rainy commented on affordability and annexation. 03:10:40 Lilly McClain, Public Comment • Lily McClain commented on the connection to the environment and public health with annexation. She also commented on affordability. 03:13:24 Trisha Wookey, Public Comment • Trisha Wookey commented on water and sewer issues, drought and tax revenue. 03:15:29 Discussion 03:38:49 Direction to the City Manager M) 03:42:14 FYI / Discussion • DM Cunningham noted the CAHAB meeting has moved to November 16, 2021 at 8am. N) 03:42:51 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 29 Bozeman City Commission Meeting Minutes, November 9, 2021 Page 11 of 11 30 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 16, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ACA) Anna Saverud, City Clerk (CC) Mike Maas A) 00:01:20 Call to Order - 6:00 PM - WebEx Videoconference B) 00:04:14 Pledge of Allegiance and a Moment of Silence C) 00:04:56 Changes to the Agenda There were no changes to the agenda. D) 00:05:07 FYI • CM Mihelich noted the implementation of ProjectDox to allow development review applications online and view documents in one location. E) 00:06:32 Commission Disclosures There were no disclosures. F) 00:06:42 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Annie Subdivision Phase 4 Preliminary Plat, Application 21201 21201 Annie Subdivision Ph. 4 PP FOF.pdf PlatSheet1of3_07262021.pdf PlatSheet2of3_07262021.pdf 31 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 2 of 12 PlatSheet3of3_07262021.pdf F.3 Authorize the City Manager Sign a Montana Forest Action Plan Grant Agreement with the Montana Department of Natural Resources and Conservation for the Bozeman Municipal Watershed Cross-Boundary Forest Collaboration Project to Provide Funding for Phase 3 of the Sourdough Fuels Reduction Project MT Forest Action Plant Grant Agmt - Bozeman F.4 Authorize the City Manager Sign a Forest Health Program Subaward Agreement with the Montana Department of Natural Resources and Conservation for the Sourdough Creek Fuels Reduction Project Campaign Sourdough OE Campaign Grant Agmt F.5 Authorize the City Manager to Sign a Master Services Purchase Agreement and Statement of Work with Upstate Wholesale Supply Company D/B/A “Brite”, to Purchase a Fully Integrated Body-Worn Camera, Interview Room Video, Patrol Car Video, and Mobile Data Terminal System, Including Hardware, Software, Cloud Storage and Warranty. Brite Statement of Work.pdf Brite Master Services Purchase Agreement.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Advantage Spraying Services Inc. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District Professional Service Agreement Snow Removal Services Advantage Spraying Services Inc.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group LLC. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District Professional Service Agreement Snow Removal Services Clean Slate Group LLC..pdf F.8 Authorize the City Manager to Sign a Task Order 7 of the Stormwater Design Professional Services Master Task Order Agreement with DOWL, LLC for the South Tracy Stormwater Improvements TO 07 South Tracy Stormwater Scope of Services.pdf Professional Services Master Task Order Agreement.pdf F.9 Resolution 5356 Authorizing Prime Change Order 14 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5356 CO14.docx BPSC Job No. 19426 Prime CO 14 signed STL.pdf F.10 Resolution 5358 Appointing the Billings City Attorney as a Special Prosecutor in the Matter of KB Resolution 5358 Appointing Special Prosecutor in Matter of KB.pdf F.11 Ordinance 2062 Final Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No Changes 32 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 3 of 12 to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions 20147 Building Height amendments Ordinance 2062 V2.pdf F.12 Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section 2.03.540 governing Gifts, Gratuities, and Favors Ordinance 2092.pdf 00:06:52 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:08:38 Public Comment There were no public comments on the Consent Agenda. 00:11:18 Motion to approve Consent 1-12 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:11:29 Vote on the Motion to approve Consent 1-12 as submitted The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:11:49 Public Comment Mayor Andrus opened general public comment. 00:14:10 Mary Wictor, Public Comment Mary Wictor commented on her previously submitted written comments to allow duplex units on any residentially zoned lot. H) Special Presentation H.1 00:19:41 Fifth Quarterly Report on Bozeman as an Inclusive City Inclusive City Report November 2021.pdf 33 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 4 of 12 CM Mihelich presented the quarterly report on the Inclusive City efforts. He outlined the strategic plan, the purpose of the inclusive city, the completed items, and items in progress. He presented what is next in this process. I) 00:27:21 Action Items I.1 00:27:27 Ordinance 2091 Provisional Adoption to Update to Accessory Dwelling Unit (ADU) Standards to Revise the Standards for Ground Floor ADUs in All Applicable Zoning Districts by Requiring that Ground Floor ADUs Must Either Have Alley Access or a Pedestrian Connection to a Sidewalk or the Adjacent Right-of-way; This amendment Will Also Revise the Standards for all ADUs by Removing the Requirement to Provide Minimum Parking Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards SR.pdf Ordinance 2091 Update to ADU Standards Ordinance.pdf 00:27:42 Staff Presentation Associate Planner Jacob Miller presented the ordinance. He entered the staff report, public comment, and the draft ordinance into the public record. He presented the two components*. He presented the changes, the Zoning Criteria of Evaluation, the applicable goals of the growth policy, the received public comments, and the recommendations. 00:32:37 Questions of Staff 00:53:13 Public Comments Mayor Andrus opened this item for public comments. 00:55:40 Mary Wictor, Public Comment Mary Wictor commented in favor of ADUs and the relation of removing parking requirements need for parking enforcement changes. She commented on potential occupancy requirements based on vehicles. 00:59:04 Jason Delmue, Public Comment Jason Delmue commented on the affordable housing crisis and these efforts are one of the easier projects to complete and the gentlest way to increase density. He noted the expense and limited number of units in providing housing through ADUs. He noted the ability to monitor and change the code again if issues arise. 01:01:41 Kevin Thane, Public Comment Kevin Thane commented in support of the ordinance. He commented on the need to implement additional recommendations from the Clarion report relative to ADUs and the engineering requirements for utility connection. 01:04:10 Charles Bolte, Public Comment 34 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 5 of 12 Charles Bolte commented to ask about the percentage of ADUs and the estimated increase in ADUs as a result of this change. 01:06:41 Emily Talago, Public Comment Emily Talago commented on the need to bundle many changes at a time and commented on the ADU project collaboration between the City and MSU. She commented on the removal of parking requirements and that consideration should be given to proximity to transit. 01:10:36 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-100 and move to provisionally adopt Ordinance 2091, Update on Ground Floor Accessory Dwelling Units Text Amendment Terry Cunningham: Motion Jennifer Madgic: 2nd 01:11:03 Discussion DM Cunningham provided findings generally in agreement with staff; he disagreed with Criteria D and stated that this ordinance is a positive whereas staff identified the criteria as neutral. He noted the benefit of receiving UDC amendment suggestions via the community portal. He noted the potential for the Commission to review restrictive covenants that inhibit community goals. Cr. Madgic will support the motion. She stated agreement with DM Cunningham's findings related to criteria D. She stated her agreement with comments related to assisting affordability by creating diverse housing. Cr. Coburn will support the motion, but expressed his frustration that additional items were not bundled into this ordinance. He noted lot size, ADU size, and occupancy requirements as items he would like to see modified in the future. Cr. Pomeroy will support the motion. Mayor Andrus will support the motion. She agreed with other suggestions to incorporate additional recommendations from the Clarion Report in a future ordinance. She highlighted the partnership with MSU for ADU plans designs. 01:28:44 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21-100 and move to provisionally adopt Ordinance 2091, Update on Ground Floor Accessory Dwelling Units Text Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 35 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 6 of 12 Christopher Coburn Disapprove: None 01:29:05 Recess Mayor Andrus called the meeting to recess. 01:30:01 Call to Order Mayor Andrus called the meeting back to order. I.2 01:30:02 Ordinance 2089 Provisional Adoption Amending Chapter 38 Unified Development Code to for Subdivision Review Procedures And Associated Development Standards Update Text Amendment to Conform to Amended State Law and Improve Processes, Application 21338 21338 CC Staff Report.pdf Revised Text for Subdivision Process - Provisional Adoption draft 11-1-2021.pdf Revised Text for Subdivision Process - Color Markup Provisional Adoption draft 11-1- 2021.pdf 01:30:33 Staff Presentation Community Development Program Manager Chris Saunders presented the subdivision process amendments. He entered the staff report and draft ordinance into the record. He presented the need for the amendments as a result of changes from the 2021 Legislature. He presented the process, what the amendments do, the process and its changes, the subdivision review and zoning criteria, and the recommendations. 01:43:51 Questions of Staff 01:53:54 Mayor Andrus experienced connection issues and re-joined the meeting by phone. 02:14:17 Public Comment There were no public comments on this item. 02:17:28 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338, and move to provisionally adopt Ordinance 2089. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:17:53 Discussion 36 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 7 of 12 Cr. Madgic agreed with staff's findings related to this ordinance. She commended staff for their efforts related to these changes. She noted the role of the State in subdivision of land and its role in balancing the interests of the public. She will support the motion. Cr. Coburn agreed with Cr. Madgic and will support the motion. Cr. Pomeroy agreed with Cr. Madgic and will support the motion. DM Cunningham discussed the changes from the Legislature and their effects. He noted the need for transparency and proper review. He echoed previous comments on the efforts of staff to make this ordinance more streamlined. He noted the benefit of engaging with agricultural water users earlier in the process. Mayor Andrus noted the need to follow the Legislature and monitor what impacts there are on local governments. 02:27:51 Vote on the Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338, and move to provisionally adopt Ordinance 2089. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:28:18 Appointments J.1 02:28:19 Appointments to Citizen Advisory Boards 02:29:30 Questions 02:33:21 Public Comment Mayor Andrus opened this item for public comments. 02:34:21 Kristin Blackler, Public Comment Kristin Blackler commented as an applicant to the Sustainability Board to express her gratitude. 02:35:10 Thomas Cuezze, Public Comment Thomas Cuezze commented to express his gratitude and on the robustness of the process. 02:35:55 Emily Talago, Public Comment 37 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 8 of 12 Emily Talago commented to thank all the applicants. She read through the application materials and commented on the amount of time and rewarding nature of serving. She commented on potential compensation for board members. 02:37:47 Motion to appoint the following members to the associated roles and terms as provided: Urban Parks & Forestry Board: Three members appointed to terms ending December 31, 2024 Alice Stanley Anna Wearn Thomas Cuezze Four members appointed to terms ending December 31, 2023 Angie Kociolek as Chair Dan Fenn as Vice-chair Sally Rohrer Donald Ulrich Sustainability Board: Three members to terms ending December 31, 2024 Emma Bode as Chair Rebecca Kurnick as Vice-chair Kristin Blackler Four members to terms ending December 31, 2023 Benjamin Finnegan Isabel Shaida Lumay Murphy Matt Thompson Economic Vitality Board: Four members to terms ending December 31, 2023 Joseph Morrison Sara Savage Suzanne White Craig Ogilvie Three members to terms ending December 31, 2024 Katy Osterloth as Chair Danielle Rogers as Vice-chair 38 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 9 of 12 John Carey Community Development Board: One Mayoral appointment upon designation by Gallatin County Commission to a term ending December 31, 2024 Jerry Pape Four Mayoral appointments to terms ending December 31, 2024 Allison Bryan Brady Ernst John Backes Padden Guy Murphy One Commission appointment of a licensed architect to a term ending December 31, 2023 Stephen Egnatz One Commission appointment of a representative of the development community to a term ending December 31, 2023 Nicole Olmstead as Vice-chair One Commission appointment to a term ending December 31, 2023 Henry "Hap" Happel as Chair Transportation Board: One member to a term ending December 31, 2022 Bryce Gordon Two members to terms ending December 31, 2023 Christine Roberts Shannon Mahoney Two members to terms ending December 31, 2024 Deejay Newell Courtney Oyler Two members to terms ending December 31, 2025 Kelly Pohl as Chair Paul Reichert as Vice-chair (Mayor Andrus concurred with the Mayor appointments within the motion.) 39 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 10 of 12 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:42:43 Discussion 02:54:04 Vote on the Motion to the following members to the associated roles and terms as provided: Urban Parks & Forestry Board: Three members appointed to terms ending December 31, 2024 Alice Stanley Anna Wearn Thomas Cuezze Four members appointed to terms ending December 31, 2023 Angie Kociolek as Chair Dan Fenn as Vice-chair Sally Rohrer Donald Ulrich Sustainability Board: Three members to terms ending December 31, 2024 Emma Bode as Chair Rebecca Kurnick as Vice-chair Kristin Blackler Four members to terms ending December 31, 2023 Benjamin Finnegan Isabel Shaida Lumay Murphy Matt Thompson Economic Vitality Board: Four members to terms ending December 31, 2023 Joseph Morrison Sara Savage Suzanne White Craig Ogilvie Three members to terms ending December 31, 2024 40 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 11 of 12 Katy Osterloth as Chair Danielle Rogers as Vice-chair John Carey Community Development Board: One Mayoral appointment upon designation by Gallatin County Commission to a term ending December 31, 2024 Jerry Pape Four Mayoral appointments to terms ending December 31, 2024 Allison Bryan Brady Ernst John Backes Padden Guy Murphy One Commission appointment of a licensed architect to a term ending December 31, 2023 Stephen Egnatz One Commission appointment of a representative of the development community to a term ending December 31, 2023 Nicole Olmstead as Vice-chair One Commission appointment to a term ending December 31, 2023 Henry "Hap" Happel as Chair Transportation Board: One member to a term ending December 31, 2022 Bryce Gordon Two members to terms ending December 31, 2023 Christine Roberts Shannon Mahoney Two members to terms ending December 31, 2024 Deejay Newell Courtney Oyler Two members to terms ending December 31, 2025 Kelly Pohl as Chair Paul Reichert as Vice-chair 41 Bozeman City Commission Meeting Minutes, November 16, 2021 Page 12 of 12 (Mayor Andrus concurred with the Mayor appointments within the motion.) The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 02:54:27 FYI / Discussion • CM Mihelich clarified direction from the Commission to have staff bring potential amendments related to ADUs. He noted 3D models are on display at the Stiff Professional Building and through a partnership with CommaQ. L) 02:56:07 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 42 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 23, 2021 A) 00:00:02 Call to Order - 6:00 PM - Via WebEx Videoconference B) 00:02:37 Pledge of Allegiance and a Moment of Silence C) 00:03:08 Changes to the Agenda • CM Mihelich noted the removal of item F2, a settlement agreement with the County. D) 00:03:35 FYI • CM Mihelich highlighted the vaccination incentive program participation numbers. He noted the winter outreach program for City streets and sidewalks. E) 00:06:12 Commission Disclosures • DM Cunningham disclosed he is the executive director of a nonprofit that has a business directly south of the property in Item I1 and I2. • Mayor Andrus disclosed she is the co-owner of business near the property in I1 and I2. F) 00:07:40 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize Mayor to Sign a Mutual Release and Settlement Agreement in Gallatin County, Montana v. City of Bozeman No. DV-20-10B SID 745 Settelment agreement.pdf ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT DV-20-10B.pdf F.3 Approval of the Final Plat of The Parklands at the Village Downtown Major Subdivision to Create 10 Residential Lots from 4.77 Acres and Authorize the Community Development Director to Sign An Improvements Agreement and the City Manager to Sign A Sewer Easement 170090 Final Plat_2021.10.04.pdf Signed utility easement 10-28-2021.pdf 43 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 2 of 10 F.4 Approval of the Final Plat for the Allison Phase 4A Major Subdivision, South 11th Avenue and Arnold Street, Project No. 21022 (Quasi-Judicial) 21022 Allison Phase 4A Final Plat Commission Memo.docx 21022 Allison Phase 4A Final Plat Memo to City Atty.docx 09282021 148-105 sheet 1.pdf 09282021 148-105 sheet 2.pdf 09282021 148-105 sheet 3.pdf 09282021 148-105 sheet 4.pdf 09282021 148-105 sheet 5.pdf 09282021 148-105 sheet 6.pdf 09282021 148-105 sheet 7.pdf F.5 Authorize the City Manager to Enter into Sub-Recipient Agreements for ARPA Household & Worker Assistance Proposal to City of Bozeman-ARPA Economic Impact Response - HRDC.pdf FPGV Grant Request to Bozeman City ARPA Funds September 2021 - Final copy.pdf MTREP ARPA Grant Application 2021.pdf WLI-MT ARPA City of Bozeman Proposal (9_29_21).pdf 00:07:42 CM Mihelich provided the highlights of the Consent Agenda. 00:09:14 Public Comment • There were no public comments on the Consent Agenda. 00:13:01 Motion Consent Items F1 and F3 through 5. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:18 Vote on the Motion to approve Consent Items F1 and F3 through 5. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:13:37 Public Comment • Mayor Andrus opened the meeting for general public comment. 00:14:58 Ralph Zimmer, Public Comment • Ralph Zimmer commented on his experiences on the Pedestrian and Traffic Safety Committee. 44 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 3 of 10 00:20:52 Mary Wictor, Public Comment • Mary Wictor commented on ADUs, parking barriers, incentives. She requested the City look wider than the Clarion Report. 00:24:24 Jan Strout, Public Comment • Jan Strout commented on the Bozeman Task Force for CEDAW. 00:27:40 Lei-Anna Bertelsen, Public Comment • Lei-Anna Bertlesen commented on the Bozeman task force for CEDAW. 00:28:36 Ellie Cornish, Public Comment • Ellie Cornish commented on the Bozeman Task Force for CEDAW. H) 00:32:42 Mayoral Proclamation H.1 00:32:51 Mayor Proclamation Proclaiming Small Business Saturday I) 00:35:08 Action Items I.1 00:35:12 Mountains Walking Growth Policy Amendment, Application 21318 21318 Mountains Walking GPA SR_CityCommission.pdf 21318 Mountains Walking GPA Resolution of Intent.pdf GPA Development Review Application (Form A1) 2021_07_29.pdf GPACoverLetter_08032021.pdf GPANarrativeAndFigures_08032021.pdf GPAFutureLandUseMap_08032021.pdf GPAExhibitOfProperty_08032021.pdf 00:35:12 CM Introduction 00:35:32 Staff Presentation City Planner Lynn Hyde entered the staff report, public comment, and staff recommendation into the record. She presented the applicant property map and background of the current zoning. She highlighted the recently adopted amendments to the Growth Policy. She noted the public comments and provided the recommendations from the Planning Board and DRC. 00:47:56 Questions of Staff 01:20:44 Applicant Presentation Rory Romey of Allied Engineering provided a future land use map, site background, and long term goals. He clarified the process they are looking at for development. He presented potential configurations and considerations of the property. The owner of Mountains Walking Brewery, Gustav Dos added additional information about the future of the brewery and the neighborhood. 45 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 4 of 10 01:32:33 Questions of Applicant 01:41:21 Public Comment • Mayor Andrus opened the item for public comment. 01:43:08 Ken VanDeWalle, Public Comment • Ken VanDeWalle commented in opposition to both applications. 01:46:37 Edward Spotts, Public Comment • Edward Spotts commented in opposition to the application. 01:50:44 Cortnee Spear, Public Comment • Cortnee Spear commented in support of the application. 01:53:29 Karyn Carptenter, Public Comment • Karyn Carpenter commented in support of the application. 01:56:49 Susie Drukman, Public Comment • Susie Drukman commented in opposition to the application. 01:59:12 Heather Ripplinger, Public Comment • Heather Ripplinger commented in support of the application. 02:04:35 Jory Ruggiero, Public Comment • Jory Ruggiero commented in opposition to both applications. 02:08:33 David Ghicadus, Public Comment • David Ghicadus spoke in opposition to the application. 02:11:50 Motion Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report for application 21318 and move to approve the Mountains Walking growth policy amendment with contingencies. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:12:38 Discussion • Cr. Madgic noted concerns of changing the growth plan, as it is not that old. She noted opposition to changing the land use to community commercial without a buffer. She reviewed the criteria. • Cr. Coburn noted the track record of the property owner in the community and the goals of the City in terms of housing opportunity. • Cr. Pomeroy spoke in support of the motion and noted supporting small businesses and creatively using land. • DM Cunningham noted he believes the community needs higher density and below market rate housing. He does not view this as a large scale solution. He noted concerns of changing the 46 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 5 of 10 future land use map. He added the City needs to be comfortable with the most intensive use of the land and reservations of no buffer. • Mayor Andrus reviewed the criteria and she believes commercial community does not promote housing in the same way urban residential does. She belives the applicant can get additional housing with the current underlying land use. She found consistencies in the current zoning. 02:47:32 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report for application 21318 and move to approve the Mountains Walking growth policy amendment with contingencies.. The Motion failed 2 - 3 Approve: I-Ho Pomeroy Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham Jennifer Madgic 02:48:39 Mayor Andrus called the meeting to recess. 03:00:18 Mayor Andrus called the meeting to order. I.2 03:00:23 Mountains Walking Zone Map Amendment, Application 21319 21319 Mountains Walking ZMA SR_CityCommission.pdf ZMA Development Review Application (Form A1) 2021_07_29.pdf ZMANarrativeAndFigures_08032021.pdf ZMAExhibitofProperty_08032021.pdf ZMAZoningDesignationMap_08032021.pdf 03:00:26 CM Introduction 03:00:31 Staff Presentation City Planner Lynn Hyde presented the zone map amendment. She entered the staff report, public comments, zoning recommendation, and applicant submittal. She clarified the commission needs to review the application submitted. The criteria for the parcels may be assessed separately. She noted the proposed zoning, existing neighborhood, She provided the criteria evaluation for parcel 1. She provided a separate criteria evaluation for parcel 2 in light of the GPA. She provided the height restrictions for the zoning requested and current zoning. Definition of the proposed zoning. She reviewed public comment, recommendation and formal protest. 03:12:59 Clarification of the process from Assistant City Attorney Saverud. 03:13:32 Questions of Staff on Parcel 2 (south parcel). 03:15:38 Applicant Presentation Rory Romey provided background of parcel two (south parcel). 47 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 6 of 10 03:17:16 Questions of Applicant on parcel two. 03:17:43 Public Comment Mayor Andrus opened the meeting up for public comment on parcel two. 03:19:44 Kristin VanDeWalle, Public Comment • Kristin VanDeWalle commented on the protest procedure and on the Zoning Commission review of the property as a whole. 03:21:19 Karyn Carpenter, Public Comment • Karyn Carpenter commented on conflicts of interest. 03:23:41 Edward Spotts, Public Comment • Edward Spotts commented on the protest procedure. 03:25:02 Clarification from staff 03:38:31 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I move to deny approval of the Mountains Walking Zone Map Amendment as it applies to Parcel Two addressed at 414 North Plumb. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:38:53 Discussion • Cr. Coburn will be supporting the motion due to criteria not met with the growth policy. • DM Cunningham agreed with Cr. Coburn. • Cr. Madgic had no additional comments. • Mayor Andrus had no additional comments. 03:39:49 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I move to deny approval of the Mountains Walking Zone Map Amendment as it applies to Parcel Two addressed at 414 North Plumb.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:40:49 Questions of Applicant and Staff on Parcel One (North parcel) 48 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 7 of 10 03:47:45 Public Comment • Mayor Andrus opened the meeting for public comments on this item Parcel One. 03:49:59 Karyn Carpenter, Public Comment • Karyn Carpenter commented on conflict of interest. 03:51:12 Susie Drukman, Public Comment • Susie Drukman commented on conflict of interest. 03:52:05 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report as applied to parcel one in application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment for parcel one, addressed at 422 North Plumb with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:52:38 Discussion • Cr. Coburn noted the zoning commission heard a different conversation and added he is leaning in favor of the motion as it meets the criteria and is in line with the Growth Policy. He does not find it to be spot zoning. • Cr. Pomeroy added it makes sense and adds to a walkable/bike-able community. • Cr. Cunningham is inclined to find in favor with criteria A through D being met. He spoke about public comment. He spoke about the transition between zoning districts. 03:59:32 Mayor Andrus extended the meeting to 10:20pm. • Cr. Madgic noted she believes the requested zoning makes sense to conform with community commercial mixed use and the property owners' intent. • Mayor Andrus will be supporting the motion and added she belives it brings the property into conformance with the underlying growth policy and could provide housing opportunities. 04:01:55 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report as applied to parcel one in application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment for parcel one, addressed at 422 North Plumb with contingencies required to complete the application processing.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 49 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 8 of 10 Disapprove: None I.3 04:02:26 FY23 - FY27 Capital Improvement Plan - Public Works Funds 04:02:31 City Manager Introduction 04:03:17 Staff Presentation Finance Director Kristin Donald presented the FY23-FY27 CIP. She introduced the public works funds, the general funds and special revenue funds, and the final adoption. She provided background on the process. She highlighted arterial & Collector and Street Impact Fee Fund, the arterial and collector revenue, street impact fee revenues, the fund plan for both arterial and collector and street impact and the shared project fee fund. She provided a map of the projects and the project fund highlights. The A&C current CIP Request, the street impact fee CIP requests. She presented the Street Maintence fee Fund, fund highlights. She reviewed the wastewater fund revenues, wastewater current CIP requests and impact fee fund, current CIP Requests. Water impact fee revenues, impact fee fund highlights, impact fee fund. 04:14:52 Meeting extended to 10:30pm. 04:15:08 Questions of Staff 04:23:17 Public Comment • Mayor Andrus opened the CIP Public Works Funds presentation for public comment. 04:24:18 Kevin Thane, Public Comment Kevin Thane commented on Schedule 3, specifically in regards to the Fowler connection. J) 04:31:13 Appointments J.1 04:31:20 Appointments to the Historic Preservation Advisory Board. 09-16-21 CAB Application - J. Anderson - new applicant.pdf 09-08-21 CAB Application - E. Darrow - new applicant.pdf 04:31:20 Public Comment There were no public comments. 04:33:05 Motion I move to appoint Elizabeth Darrow to the Bozeman Historic Preservation Advisory Board to the historic district representative position with a term expiring on June 30, 2023 and Jacey Anderson to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2023. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:33:26 Vote on the Motion to approve I move to appoint Elizabeth Darrow to the Bozeman Historic Preservation Advisory Board to the historic district representative position with a term expiring on June 30, 2023 and Jacey Anderson to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2023. The Motion carried 5 - 0 50 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 9 of 10 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 04:33:52 FYI / Discussion L) 04:33:56 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 51 Bozeman City Commission Meeting Minutes, November 23, 2021 Page 10 of 10 52 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 7, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:02:22 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:05 Pledge of Allegiance and a Moment of Silence C) 00:05:45 Changes to the Agenda • There were no changes. D) 00:05:57 FYI • CM Mihelich noted the improvements to the development review process and the implementation of a web based portal for inspection requests. E) 00:07:07 Commission Disclosures • Mayor Andrus disclosed that the applicant for Action Item 1 contacted her prior to submission of the application. • DM Cunningham disclosed that he too had a discussion with the applicant for Action Item 1 prior to submission of the application. F) 00:08:38 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Mutual Release and Settlement Agreement in Gallatin County, Montana v. City of Bozeman No. DV-20-10B 53 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 2 of 7 SID 745 Settelment agreement.pdf ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT DV-20-10B.pdf F.3 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award Amendment to XY Planning Network (Amended Contract # MT-BSTF-1-21-09A) Exhibit 1 cc memo 12.07.21 BSTF Award XYPN FINAL 11.15.21.doc Exhibit 2 XYPN Extension Request Letter from XYPN.pdf Exhibit 3 XYPN Extension Request from City.pdf Exhibit 4 City of Bozeman - MT-BSTF-1-21-09 - Amendment Approval Letter.pdf Exhibit 5 Montana_Department_of_Commerce_Contract_MT-B (1)-unsigned.pdf Exhibit 6 XY Planning - Amended BAA-MP 11.8.21.pdf Exhibit 7 Budget_Authorization.pdf F.4 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Sewer and Water Pipeline and Access Easement and Agreement, Utility Easement with Bozeman COHO, LLC for the Bozeman CoHousing Site Plan (21096) Irrevocable Offer of Dedication Sewer and Water Pipeline and Access Easement and Agreement Utility Easement F.5 Authorize the City Manager to Sign a Mutual Access Easement and Agreement for Lot 4E and 4D and a Mutual Access Easement and Agreement for Lot 4C and 4B and with Montana Land Project LLC for the Traditions Subdivision Phase 1 (21322) Mutual Access Easement and Agreement for Lot 4C and 4B Mutual Access Easement and Agreement for Lot 4E and 4D F.6 Authorize the City Manager to Sign a Public Access Easement, Sewer and Water Pipeline and Access Easement and Agreement, Utility Easement with Fallon First, LLC for the Fallon Condo Site Plan (21175) Public Access Easement Sewer and Water Pipeline and Access Easement and Agreement Utility Easement F.7 Authorize the City Manager to Sign a Temporary Right-of-way Agreement and Temporary Construction Permit Needed for the City to Install Improvements to Story Mill Road - Parcel 1 (Canyon Gate Investors, LLC) Story Mill Temp ROW Agreement and Const Permit.pdf F.8 Authorize the City Manager to Sign a Professional Services Agreement for a Term Contract with Walker Consultants for Parking Services Program and Task Order #1 PSA Agreement with Walker Consultants for a Term Contract for Parking Services Consulting.docx Walker Consultants Task Order Number 1--Revenue Modeling.docx F.9 Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District PSA P&TD Snow Removal Services K2 Ventures Inc. (Contract).pdf 54 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 3 of 7 F.10 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project 20211207_Fowler Ave_Amendment 1 _scope of work.pdf 20211207_Fowler Ave_Amendment 1.pdf F.11 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Maddaus Water Management Inc. for the 2020 Water Conservation Plan First Amendment_PSA_2020 WC Plan_Maddaus Water Management.pdf PSA_Exhibit B_Scope of Services_Code Revisions.pdf F.12 Authorize the City Manager to Sign an Addendum 2 to the Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services Second Addendum to Professional Services Agreement Professional Services Agreement dated December 1, 2021 F.13 Authorize the City Manager to Sign an Amendment 2 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 2 - Task Order 12 Sanderson Stewart - Griffin Drive ROW.pdf F.14 Resolution 5360 Clarifying the Member Appointments to the Transportation and Community Development Citizen Advisory Board Res. 5360 .pdf F.15 Resolution 5361 Authorizing Change Order 1 to the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20211207_Resolution 5361_Change Order_1.pdf F.16 Ordinance 2089 Final Adoption Amending Chapter 38 Unified Development Code for Subdivision Review Procedures And Associated Development Standards Update Text Amendment to Conform to Amended State Law and Improve Processes, Application 21338 Revised Text for Subdivision Process - Final Adoption draft 11-17-2021.pdf 00:08:44 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:09:09 Public Comment There were no public comments on the Consent Agenda. 00:12:03 Motion Consent Items 1-16 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 55 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 4 of 7 00:12:18 Vote on the Motion to approve Consent Items 1-16 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:12:36 Public Comment There were no general public comments. H) 00:16:03 Special Presentation H.1 00:16:04 Triannual Climate Plan Report CM Mihelich introduced the Climate Plan Report. Sustainability Program Manager Natalie Meyer presented the current progress of implementing the Climate Plan. She presented an overview of the adoption of the plan and the current status, the focus areas & actions, and operation priorities, the items completed, in progress, and not yet started. She provided the highlights of the six focus areas. I) 00:33:23 Action Items I.1 00:33:28 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, Located on the West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application 21309 21309 S 3rd GPA CC SR.pdf A1_093021.pdf ANNEX.pdf N1_032921.pdf Dave_Richardson_comment_App_21309_email.pdf Dave_Richardson_App_21309.pdf Robin Morris comment Nov 15 2021 Growth Policy Amendment Hearing for Application 21309.pdf 10-30-21 Public Comment - S. Atkinson - 2303 South Third Ave.pdf 00:33:46 Staff Presentation Senior Planner Tom Rogers presented the application; he entered the staff report, applicant submittal and public comments into the record. He presented the description of the subject property, the general area around the property, the adjacent zoning designations, the purpose of the Future Land Use Map 56 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 5 of 7 (FLUM) designation, the amendment criteria, and recommendations. He presented the implementing zoning districts associated with the FLUM designations. 00:43:36 Questions of Staff 00:58:05 Applicant Presentation Julien Morice, Ironwood Development, provided the applicants reasoning for the application. He noted communications with neighbors including the Museum of the Rockies, and will have additional comments once a development application is before the City Commission. 00:59:53 Questions of Applicant 01:03:18 Public Comment Mayor Andrus opened this item for public comment. 01:05:01 Jason Delmue, Public Comment Jason Delmue noted that the City is making a correction to the FLUM and is not making a substantive amendment to the FLUM. 01:08:21 Motion Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 21309 with contingencies and subject to all applicable code provisions. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:08:46 Discussion Cr. Coburn agreed with public comment that this is correcting a long standing error. He agreed with staff's findings and that the change is consistent with the intent of the Growth Policy. He will support the motion. Cr. Pomeroy agreed with staff's findings and that it is time to correct the error. She will support the motion. DM Cunningham agreed with staff's findings and is in favor of the motion. Cr. Madgic will support the motion for all previous reasons stated. She disagreed with the public comment that the full process is not required due to transparency in adjusting the FLUM. Mayor Andrus will support the motion and associates herself with the other Commissioners comments. 01:14:39 Vote on the Motion Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 21309 with contingencies and subject to all applicable code provisions. The Motion carried 5 – 0. 57 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 6 of 7 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:15:04 FY23 - FY27 Capital Improvement Plan - Other Special Revenue Funds and General Fund 01:15:12 Staff Presentation Assistant City Manager Anna Rosenberry presented the Other Special Revenue Funds and General Funds details within the Capital Improvements Plan (CIP). She highlighted three portions, the Parks & Trails District Fund, the Fire Funds, and the General Fund. She presented the revenues, financial summary, fund highlights, and project highlights for the Parks & Trails District Fund. 01:21:41 Questions of Staff 01:30:52 Staff Presentation continued ACM Rosenberry presented the Fire Capital Equipment and Replacement Fund approved by voters in 2007 and the value of those mills. She presented the revenues, financial summary, fund highlights, and project highlights for the Fire Equipment Fund. She presented the Fire Impact Fee Fund revenues, financial summary, fund highlights, and project highlights for the the Impact Fee Fund. 01:38:06 Questions of Staff 01:52:25 Staff Presentation continued ACM Rosenberry presented the General Fund financial statement, fund highlights, and project highlights. 01:58:13 Questions of Staff 02:21:12 Recess Mayor Andrus called the meeting into recess. 02:22:17 Call to Order Mayor Andrus called the meeting back to order. 58 Bozeman City Commission Meeting Minutes, December 7, 2021 Page 7 of 7 02:22:22 Public Comment There were no public comments on this item. 02:25:03 Discussion J) 02:37:26 FYI / Discussion K) 02:37:34 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 59 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 14, 2021 A) 00:00:27 Call to Order - 4:30 PM - WebEx Videoconference B) 00:00:42 Executive Session B.1 00:00:47 City Manager Annual Performance Evaluation • 00:00:58 CM Mihelich asserted his privacy interests. • 01:30:04 Mayor Andrus reconvened the normal meeting. C) 01:32:35 Pledge of Allegiance and a Moment of Silence D) 01:33:02 Changes to the Agenda • There were no changes to the agenda. E) 01:33:13 FYI • City Manager Mihelich highlighted Engage Bozeman. F) 01:34:50 Commission Disclosures • There were no commission disclosures. G) 01:34:59 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $41,750 from the Library Foundation for Service Order 2 and Pre- Construction Services for the Bozeman Public Library Expansion Bozeman Public Library Expansion Project - Service Order 2 and Pre-Construction Services - Letter of Agreement.docx 60 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 2 of 10 G.3 Authorize the City Manager to Sign an Interlocal Agreement with Riverside Water and Sewer District interlocal agreement-riverside 7 -7- 21 .pdf Resolution 4972 Riverside Conditions 1 10 19.pdf G.4 Riverside Annexation, Acknowledge Receipt of Petition for Annexation of the Riverside Manor Subdivision, Riverside Greens Subdivision, and Tracts 1-3 of Certificate of Survey 3030, Approximately 57.5 Acres Located on Gallatin Drive, Park Plaza Road, Riverside Drive, Elaine Lane, and Springhill Road, Including 125 Residential Buildings and 4 Commercial Buildings, Application 21426 1_DevReviewAppFormA1_10252021.pdf 2_AnnexAppChecklistFormANNX_10262021.pdf 4A_SignedPetitions_All_10022021.pdf Fig1_AnnexArea_10272021.pdf Fig2_PetitionSignedForAnnex_10252021.pdf 7-2-4601. Annexation by petition -- when election required, MCA.pdf G.5 Authorize the City Manager to Sign a Change Order 1 with CK May for the Griffin Drive and Manley Road Street and Stormwater Improvements Project GriffinDr&ManleyRd_ChangeOrder1.pdf G.6 Authorize the City Manager to Sign a Task Order 4 for Economic and Planning Systems, Inc (EPS) - Update to the 2016 Economic Development Strategy CC Memo for EPS TO 4 EDS Update 12.05.21 FINAL.docx Attachment 1 EPS Task Order 4 Form EDS Update December 2021.pdf Attachment 2 213051_SOW_Economic Development Strategy Final 11-30-2021.pdf Attachment 3 EDS Update Community Engagement Plan 11-24-2021 FINAL.pdf Attachment 4 Executed EPS PSA.pdf G.7 Ordinance 2095, Provisional Adoption to Rezone 3.4 Acres from B-2, Community Business District to B-2M, Community Business District-Mixed, Application 21192, Property Located on the Southeast Corner of South 19th Avenue and West Babcock Street West Babcock ZMA Ordinance 2095.pdf 21-192 ZMA Map 10-12-2021.pdf 21-192 Legal Description 05-05-2021.pdf 01:35:05 CM Mihelich provided the highlights of the Consent Agenda. 01:36:36 Mayor Andrus opened the Consent Agenda for public comment. • There were no public comments. 01:39:17 Motion I move to approve Consent Items 1 through 7 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:39:33 Vote on the Motion to approve Consent Items 1 through 7 as submitted. . The Motion carried 5 - 0 Approve: 61 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 3 of 10 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 01:39:58 Public Comment • There were no general public comments. I) 01:43:09 Action Item I.1 01:43:15 Appeal of Issuance of Business License 21-69197 to Bibs to Books Playhouse Staff Report.pdf 102721 Zyvoloski Appeal Packet consolidated.pdf 12.2.2121_Supplemental Appeals Letter for December 14, 2021 Commission Meeting.pdf Enclosures for Supplemental Appeals Letter 12.2.2021.pdf Correspondence.pdf Bibs to Books Playhouse BL Application 21-69197.pdf Bibs to Books BL Attachment DPHHS Registration.pdf 101321 Bibs to Books Playhouse Business License.pdf 01:43:19 City Manager Introduction 01:43:31 Staff Presentation Assistant City Attorney Kelley Rischke provided background on the business license dispute. She provided background of the initial assessment. She provided the rules adopted by the City regarding family and group daycares. She noted the administrative order of the day care licensing adopting by the City. She highlighted the DPHHS registration requirements. She provided Administrative Rule 2021-01. She summarized why the appeal should be denied. She noted the public comment and provided a suggested motion. 01:54:54 Questions of Staff 02:13:09 Applicant Presentation Dan Zyvoloski and his attorney Lara Guercio of Crowley Fleck presented the recommended City Commission action, BMC applicable laws, outline of the procedure and permits per the BMC, a review of the Admin Rule 2021-01, proper procedure for amendments to the BMC, public noticing and citizen participation, outlined city actions taken while a Commission appeal was pending, and City Commission options and why he would appeal if the decision is upheld. 02:25:45 Questions of Appellant 02:41:58 Public Comment 62 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 4 of 10 • Mayor Andrus opened this item for public comment. 02:43:54 Tori Sproles, Public Comment • Tori Sproles commented in support of upholding the City's decision. 02:51:13 Motion Uphold the decision of Community Development to adopt Administrative Rule 2021-01 and issue a business license to Bibs to Books Playhouse and dismiss the appeal with prejudice. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:51:57 Discussion • DM Cunningham will be supporting the motion due to state law regarding residential daycare. He does not believe BMC Chapter 38 is applicable to business licenses. He noted the City Commission delegates certain administrative rule making to appropriate City staff and he agreed with staff's interpretation a daycare facility does not fall into the home-base business definition. He highlighted the original argument was the daycare need • Cr. Madgic agreed with DM Cunningham and staff. She noted that daycares of 1-12 children are permitted in all zones in Missoula. She noted sympathy for the neighbors and that special use permits may address their concerns. • Cr Coburn agreed with DM Cunningham and highlighted the process to make admin rules was followed. He noted requiring a special use permit goes against the intent of the rules for daycare centers in the state. • Cr. Pomeroy agreed with staff and her colleagues. She noted the daycare complies with state rules and has a business license. She highlighted the importance of daycare. • Mayor Andrus agreed with her colleagues. She reiterated she disagrees with the appellant who stated the City violated section 38 of the code as it applies to development standards not business licenses. 03:06:18 Vote on the Motion to approve Uphold the decision of Community Development to adopt Administrative Rule 2021-01 and issue a business license to Bibs to Books Playhouse and dismiss the appeal with prejudice.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:06:41 Recess 63 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 5 of 10 03:12:54 Order I.2 03:12:57 Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project 1 APPLICATION - GVLT CILP 2021.pdf 2 Burke Park Master Plan February 2001 Update 2003.pdf 2 Property Vicinity Map.pdf 3 Public Input & Support.pdf 5 Project Cost Estimate.pdf 6 In Kind Contributions.pdf 7 PROST Goal Alignment.pdf Letters of Support.pdf Buy-Sell Agreement.pdf Appraisal.pdf GVLT_Sourdough Rd. - Title Commitment.pdf 10-21-21 Public Comment - N. Schultz - Peets Hill Wildlife.pdf Resolution_5353_-_2020_Burke_Park-PeetsHill_Project_and_CILP (1) final.docx 03:13:48 City Manager Introduction 03:14:29 Staff Presentation City Parks Planner Addi Jadin presented the Burke Park / Peets Hill project and cash-in-lieu of parkland. She highlighted the strategic plan objectives associated with the project. She provided a plan view and aerial of the area. She provided conceptual plan designs from GLVT. She provided project funding details and next steps. She highlighted public support and the staff recommendation. 03:26:25 Questions of Staff 03:38:30 Public Comment 03:40:28 Chet Work, Public Comment • Chet Work, the Executive Director of Gallatin Valley Land Trust commented in support of the motion. 03:43:31 Motion Adopted Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project Jennifer Madgic: Motion Christopher Coburn: 2nd 03:44:12 Discussion • Cr. Madgic will be supporting the motion as open space and trails are community amenities. 64 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 6 of 10 • Cr. Coburn will be supporting the motion. • Cr. Pomeroy will be supporting the motion. • DM Cunningham will be supporting the motion. • Mayor Andrus will be supporting the motion. 03:54:17 Vote on the Motion to approve Adopted Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 03:54:42 Resolution 5359 Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2023-2027 Resolution 5359 - CIP FY23-27.docx CIP23-27 Financial Summaries FINAL 12 8 2021.pdf 03:54:46 City Manager Introduction 03:55:05 Staff Presentation Assistant City Manager Anna Rosenberry presented Resolution 5359, final adoption of the FY23-FY27 Capital Improvement Plan. She provided background on the CIP process, the agenda for plan adoption, a summary of all funds in the CIP, she highlighted the plan as presented with changes. 03:59:07 Questions of Staff 04:25:36 Public Comment 04:27:09 Ralph Zimmer, Public Comment • Ralph Zimmer commented on the development of non-motorized infrastructure. 04:30:56 Cathy Costakis, Public Comment • Cathy Costakis commented on innovated transportation planning and the projects on Kagy and College. 04:34:24 Jason Delmue, Public Comment • Jason Delmue commented on the Kagy Street reconstruction project. 65 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 7 of 10 04:37:09 Mark Egge, Public Comment • Mark Egge commented on the Kagy reconstruction project. 04:42:03 Discussion 04:41:32 Motion Resolution 5359 adopting the Capital Improvements Plan for Fiscal Years 2023-2027. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:42:03 Motion move $100,000 from GF362 out of the General Fund from FY26 to FY23 to get one of those buildings done within the next fiscal year. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:42:45 Discussion on amendment • Cr. Coburn proposed the amendment as important to sustainability goals of the City. • Cr. Pomeroy will be supporting the amendment. • DM Cunningham echoed Cr. Coburn's sense of urgency in regards to the Climate Action Plan. • Cr. Madgic agreed with her colleagues and will be supporing the motion. • Mayor Andrus agreed. 04:45:32 Vote on the Motion to amend move $100,000 from GF362 out of the General Fund from FY26 to FY23 to get one of those buildings done within the next fiscal year. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:47:07 Motion In arterial and collector fund add line item to FY25 that involves an engineering study of grade separated rail road crossings on to evaluate Griffin Avenue, North Rouse and L street to determine optimal grade separated crossing opportunities and in order to pay for that, take A and C 010 (East Valley Center Road North 27th Avenue Intersection) and move it to unscheduled. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:47:03 Discussion on Amendment 66 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 8 of 10 • DM Cunningham noted the need to look at grade separated railroad crossings as new developments arise. • Cr. Madgic agreed with Deputy Mayor Cunningham. • Cr. Coburn acknowledged the study would be a good step forward even if it results in a suggestion of no action. • Cr. Pomeroy will be supporting the motion. 04:49:56 Vote on the Motion to amend In arterial and collector fund add line item to FY25 that involves an engineering study of grade separated rail road crossings on to evaluate Griffin Avenue, North Rouse and L street to determine optimal grade separated crossing opportunities and in order to pay for that, take A and C 010 (East Valley Center Road North 27th Avenue Intersection) and move it to unscheduled. . The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:50:29 Motion Move College Street (SIF157 and SIF159) to scheduled item and move Kagy (SIF0019) to unscheduled. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:55:10 Discussion on Amendment • Cr. Madgic noted public comment and believes there is a greater need on College Street than Kagy Street. • Cr. Coburn agreed and will be voting in support of this motion. • DM Cunningham noted he believes this decision needs more time and public input. • Mayor Andrus will not being supporting the motion because she believes she needs more information. • Cr. Coburn added the CIP could be seen as a comparison of projects. He added his preference is moving Kagy to unscheduled rather than keeping it scheduled and modifying the CIP at a later date. • DM Cunningham stated a preference to have a work session regarding the two projects. • Cr. Pomeroy added that because Kagy is reliant on state urban highway funds, she does not think it should be moved. 05:11:48 Vote on the Motion to amend Move College Street (SIF157 and SIF159) to scheduled item and move Kagy (SIF0019) to unscheduled. . The Motion failed 2 - 3 Approve: 67 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 9 of 10 Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 05:12:11 Discussion on Main Motion • Cr. Coburn acknowledged staff work on the capital improvement plan and will be supporting the motion. • Cr. Pomeroy agreed with Cr. Coburn and will be supporting the motion. • DM Cunningham echoed the comments of his colleagues and will be supporting the motion. He added he would like more discussion on Kagy. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion and thanked City staff for putting the CIP together. She added she would also like more discussion on Kagy. 05:21:26 Vote on the Motion to approve Resolution 5359 adopting the Capital Improvements Plan for Fiscal Years 2023-2027. . The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 05:21:44 FYI / Discussion K) 05:22:00 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk 68 Bozeman City Commission Meeting Minutes, December 14, 2021 Page 10 of 10 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: 69 Bozeman City Commission Special Meeting Minutes, September 24, 2021 Page 1 of 1 THE CITY COMMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES September 24, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Zoom: City Manager (CM) Jeff Mihelich, City Clerk (CC) Mike Maas, Department Directors A) 00:01:26 Call to Order - 11:00 AM - Zoom Videoconference B) 00:02:11 Public Comment There were no public comments. C) 00:04:53 Work Session C.1 00:05:02 Deconstructing Equity Workshop Ariana Flores, Consultant from the Equity Project, presented the Deconstructing Equity training. D) 03:51:15 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 70 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Anna Rosenberry, Interim Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:Please authorize the checks dated 12/29/2021. These were not presented to the board prior to mailing, as there was no meeting on 12/28/21. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable clerks Kathleen Tonkovich and Nadine Waters. Report compiled on: December 23, 2021 71 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 Four Fly Fellows, LLC for The Flats SP (21078) MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with Four Fly Fellows, LLC for The Flats SP (21078). 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: December 20, 2021 72 73 74 75 76 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2585890 with Bon Ton Inc for the Allison Subdivision Phase 4A Project (20430) MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2585890 with Bon Ton Inc for the Allison Subdivision Phase 4A Project (20430). 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: Release and Reconveyance of Easements Report compiled on: December 10, 2021 77 78 79 80 81 82 83 Memorandum REPORT TO:City Commission FROM:Kevin Handelin, Solid Waste Superintendent Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Professional Architectural Services Agreement with Hennebery Eddy Architects for Design and Contract Administration Services for the Remodel of the Solid Waste Facility MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Professional Architectural Services Agreement with Hennebery Eddy Architects for design and contract administration services for the remodel of the Solid Waste Facility. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Working with City Staff and consultant HDR on the development of the Public Works Facilities Master Plan in 2020 for the future staffing and equipment storage needs of the Solid Waste Division. This is the first phase identified in the Solid Waste Master Plan, which includes remodeling the existing garage area into two office spaces and storage, remodeling the front reception area and construction of a new six vehicle garage addition. The design of the addition will generally match the form and materials of the existing complex. This project was approved in the FY22 Capital Improvement Plan. In accordance with Montana law, the City used a qualification-based selection process to select Hennebery Eddy Architects to provide architectural and project management services for this project. We negotiated a total fee of $97,080 for the work outlined in the scope of services contained in Exhibit A – Architect & Exhibit B - Engineering. Hennebery Eddy will complete the design and contract bid documents and assist city staff in bidding the project and assuming favorable bid numbers, will assist city staff with construction administration services. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS: 84 100% Solid Waste Enterprise Fund. Attachments: Architectural Services Agreement Solid Waste Remodel 2021 Exhibit A - SWD Architect Fee Proposal Exhibit B - SWD Engineering Fee Proposal Report compiled on: December 14, 2021 85 Professional Services Agreement for Architectural Services Page 1 of 8 PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 4th day of January 2022 (“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, Hennebery Eddy Architects, hereinafter referred to as “Consultant” or “Architect.” The City and Architect 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 hire Consultant as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A – Architect, Exhibit B - Engineering and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the Effective Date and will expire on the 4th day of January, 2023, unless earlier terminated in accordance with this Agreement. 3. Scope of Work: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Architect, Ninety-Seven Thousand Eighty Dollars ($97,080.00) for services performed pursuant to the Scope of Services. In addition, production of reproducible record drawings will be billed at the hourly rate, not to exceed One Hundred Thirty-five Dollars ($135.00). Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges. 5. Consultant’s Representations: To induce City to enter into this Agreement, Architect makes the following representations: a. Architect 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, growth policies, 86 Professional Services Agreement for Architectural Services Page 2 of 8 adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Architect 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: The parties agree that Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Architect 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. Architect is not authorized to represent the City or otherwise bind the City in any dealings between Architect and any third parties. Architect 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. Architect shall maintain workers’ compensation coverage for all members and employees of Architect’s business, except for those members who are exempted by law. Architect 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) 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 Architect or Architect’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees. Architect also waives any and all claims and recourse against the City, including the right of 87 Professional Services Agreement for Architectural Services Page 3 of 8 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. 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 City be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below 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 Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. The obligations of this Section shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana 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; $2,000,000 annual aggregate • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City of Bozeman 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. The City must approve all insurance coverage and endorsements prior to the Architect commencing work. 8. Professional Service: Architect agrees that all services and work performed hereunder will be accomplished in a professional manner. 88 Professional Services Agreement for Architectural Services Page 4 of 8 9. Compliance with Laws: Architect agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business license. 10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Architect will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of 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 Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Architect represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Architect shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 11. Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement. 12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Architect may not subcontract or assign Architect’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. 89 Professional Services Agreement for Architectural Services Page 5 of 8 13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are jointly owned by the Architect and the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Architect for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 14. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Kevin Handelin 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, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose of this Agreement shall be Scott Dean or such other individual as Architect shall designate in writing. Whenever direction to or communication with Architect is required by this Agreement, such direction or communication shall be directed to Architect’s Representative; provided, however, that in exigent circumstances when Architect’s Representative is not available, City may direct its direction or communication to other designated Architect 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. 90 Professional Services Agreement for Architectural Services Page 6 of 8 15. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. 16. Reports/Accountability/Public Information: Architect agrees to develop and/or provide documentation as requested by the City demonstrating Architect’s compliance with the requirements of this Agreement. Architect 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 Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall not issue any statements, releases or information for public dissemination without prior approval of the City. 17. 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. 18. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 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 91 Professional Services Agreement for Architectural Services Page 7 of 8 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. 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. 29. 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. 30. 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 January 4th, 2023. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 92 Professional Services Agreement for Architectural Services Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ ARCHITECT (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 93 109 NORTH ROUSE AVENUE BOZEMAN MONTANA 59715 406 585 1112 MAIN December 6, 2021 Kevin Handelin, Superintendent City of Bozeman, Solid Waste Division 2143 Story Mill Rd, Bozeman, MT 59715 Tel: 406 582-3238 Email: khandelin@bozeman.net RE: Revised Fee Proposal Dear Kevin: Thank you for requesting this Design Services Proposal / Agreement for the City of Bozeman Solid Waste Division office remodel. PROJECT DESCRIPTION The City of Bozeman Solid Waste complex consists of a large garbage truck service shop, an adjacent office area and a garage which shelters six full size pickup trucks. The office area is over capacity and has very little storage area. This project consists of remodeling the existing garage area into two new office spaces and storage, remodeling the front reception area, and construction of a new six-vehicle garage addition. The design of the addition will generally match the form and materials of the existing complex. SCOPE OF SERVICES Hennebery Eddy Architects, Inc. ("HEA" or "Architect") will provide the following services as part of this Proposal for the City of Bozeman (“COB” or “Client” or “Owner”). 1. Schematic/Design Development Phase: · Review code requirements under currently adopted City of Bozeman Codes. · Develop up to three floor plan options and building elevations. · Systems coordination with engineering consultants. · Review meeting with owner. · Submit drawing package for City of Bozeman Planning review. 2. Construction Document Phase: · Development of Construction Documents as required for permitting, bidding, and construction. Drawings will include building plans, building elevations, building/wall sections and details and schedules as applicable. A supplemental MasterFormat Project Manual will also be included. · 65% Review Submittal: Review drawings with owner. Provide cut sheets for major architectural products/components for approval. · 100% Submittal: Final Drawings and MasterFormat Project Manual. · Submit for Building Permit. 94 December 06, 2021 City of Bozeman Solid Waste Division – office remodel Page 2 of 6 Template 1/2020 3. Bidding: · Assist owner in bid ad placement. · Print and distribute bidding documents including posting to Montana Bidders Exchange Network. · Conduct Pre-bid conference. · Generate addenda as required. · Assist owner in bid openings and vetting the bids. · Assist owner with contract negotiations and procurement. 4. Construction Administration: · Attend and direct weekly Owner, Architect, Contractor meetings. · Communicate with and coordinate consultant visits as required. · Review product submittals. · Answer contractor questions as required. · Generate Proposal Requests, Change Orders, etc. as required. · Review Payment Applications. · Conduct Project Closeout including punch list and closeout submittal review. 5. Consultant Services: · Morrison Maierle (MMI) will provide Structural, Mechanical, and Electrical services as described and limited in the attached proposal dated November 17, 2021. PROPOSAL ASSUMPTIONS 1. The following are not included as part of the Scope of Services for this Proposal. If any of the listed services should become necessary, or desired by the client, HEA (and MMI) may provide such as an Additional Service to this Agreement. · Presentation Renderings · Site Design · Construction Cost Estimating · As-built documents or digital files · 1 year warranty inspection · LEED design services PROJECT SCHEDULE 1. This Proposal is valid for 30 days from its date of issuance and is made with the assumption that the services contracted hereunder will be completed approximately as follows: Start of Work: December 2021 (upon execution of agreement) CD 100%: February 25, 2022 Construction: Spring 2022 – Fall 2022 95 December 06, 2021 City of Bozeman Solid Waste Division – office remodel Page 3 of 6 Template 1/2020 COMPENSATION 1. Fixed Fee Services Based on the Project Description, Scope of Services, Proposal Assumptions and Project Schedule indicated, our fee is a Fixed Fee of $68,230.00 and will be invoiced monthly as a percentage complete against this amount. This fee includes both HEA and MMI fees. This fee does not include Reimbursable Expenses, which are enumerated below. 2. Hourly Rates Basic and Additional Services provided under this Agreement will be billed at the following standard hourly billing rates, which are adjusted periodically: Principal HEA 8B $245 Architect HEA 4B $135 Administrative HEA 1B $ 95 3. Reimbursable Expenses Reimbursable Expenses are in addition to the Compensation for Services and include expenditures made by the Architect in the interest of the Project. These expenses will be billed at 1.15 times HEA's cost incurred and are estimated at $1,000. Reimbursable Expenses include: · Expense of reproduction, CAD plotting, facsimile printing, laser cutting, postage and handling of documents and other resources sent to the Owner and Contractors or produced for the Architect and its sub-consultants’ internal project management. · Application/Review fees paid to the City of Bozeman by HEA. HEA will provide its services for the Project in accordance with "Appendix A – Terms and Conditions", attached hereto and made part of this Proposal/Agreement. If this Proposal/Agreement is acceptable to you, please sign where indicated below. Return a copy to our office, which will serve as our Authorization to Proceed, and retain a copy for your files. If there are any questions, please let us know. Sincerely, Hennebery Eddy Architects, Inc. Scott Dean Architect Proposed by: Accepted by: December 6, 2021 Ben Lloyd, AIA Date Kevin Handelin Date Vice President Superintendent Hennebery Eddy Architects, Inc. City of Bozeman, Solid Waste Division 96 December 06, 2021 City of Bozeman Solid Waste Division – office remodel Page 4 of 6 Template 1/2020 APPENDIX A – TERMS AND CONDITIONS OWNER'S RESPONSIBILITIES 1. The Owner will provide a site survey to the specifications of the Architect and its sub-consultants if, in the Architect's judgment, such survey is required to complete its Scope of Services. 2. and be engaged by the Owner to provide services during the Construction Phase. 3. Any and all private restrictions on the property such as easements, rights-of-way, CC&R’s etc. that may impact the proposed work must be explicitly disclosed by the Owner to the Architect prior to initiation of services. 4. Any and all existing conditions, previous construction, site development, and existing building use have been previously reviewed and approved (permitted) by all appropriate regulatory agencies. 5. Architect and its sub-consultants are entitled to rely on the information provided by consultants engaged directly by the Owner. 6. The Owner is responsible for the payment of regulatory fees in connection with this Project. 7. The Owner will furnish all legal, insurance and accounting services, including auditing services, that may be necessary to meet the Owner’s needs and interests related to the Project. 8. The Owner will provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's documents. 9. The Owner will coordinate the services of its own consultants with those services provided by the Architect, unless otherwise noted. TERMINATION OR SUSPENSION 1. If the Owner suspends the Project, the Architect will be compensated for services performed prior to notice of such suspension. If the Project is suspended for more than 90 cumulative days and subsequently resumes, the Architect's fees for the remaining Services and the Project schedule will be equitably adjusted. 2. Either party may terminate this agreement with not less than seven (7) days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. The Owner's failure to make payments to the Architect in accordance with this Agreement will be considered substantial non-performance. 3. The Owner may terminate this Agreement with not less than seven (7) days' written notice to the Architect for the Owner's convenience and without cause. In the event of termination not the fault of the Architect, the Architect will be compensated for Services performed prior to termination, along with Reimbursable Expenses then due. LIABILITY 1. Any and all liability, claim for damages, cost of defense or expenses against the Architect will be limited to a sum not to exceed $250,000 or the amount of its fee, whichever is less, on account of any injury or damage to person or property arising out of breach of contract, design defects, errors, omissions or negligence. In no event shall the Architect's liability exceed the Architect's professional Errors & Omissions coverage then and there in effect. 2. The Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, directors, employees and sub-consultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Owner’s negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Owner is legally liable. The Owner shall not be obligated to indemnify the Architect in any manner whatsoever for the Architect’s own negligence. DISPUTE RESOLUTION The Owner and the Architect agree to attempt to resolve any disputes regarding the Project through informal negotiations including mediation if the parties so agree. Any dispute that cannot be resolved 97 December 06, 2021 City of Bozeman Solid Waste Division – office remodel Page 5 of 6 Template 1/2020 through negotiation or mediation shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) the Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction. BILLING Payment for services shall be made monthly based upon monthly billings. Payment is due 30 days past the date of the invoice and will be charged a late penalty of 1-1/2% per month on the unpaid balance after the due date. If payment under this Agreement is not received within seven (7) days of the due date, Architect may elect, with written notice to the Owner, without prejudice to any other rights of Architect, to suspend all of its duties under this Agreement. The Owner agrees to pay reasonable collection and attorney’s fees required to collect should the account associated with this Proposal/Agreement become delinquent. OTHER TERMS AND CONDITIONS 1. Nothing contained herein shall be construed as: constituting a guarantee, warranty or assurance, either express or implied, that the Architectural Services will yield or accomplish a prefect outcome for the Project; or obligating the Architect to exercise professional skill or judgment greater than that which can reasonably be expected from other Architects practicing under like circumstances in the same or similar locality; or an assumption by the Architect of the liability of any other party. The Architect cannot guarantee regulatory approval of all proposed improvements or guarantee approval timelines or cost estimates. 2. Nothing contained herein shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 3. All reports, plans, specifications, computer files including Building Information Modeling (BIM) files, field data, notes and other documents prepared or furnished by the Architect or Architect’s consultants pursuant to this Agreement are instruments of professional service ("Instruments of Service") and shall remain the property of the Architect and its consultants. The Architect shall retain all common law, statutory and other reserved rights, including the copyright thereto. The Architect grants the Owner a license to use Instruments of Service for the purpose of constructing, occupying, or maintaining the Project. Reuse or modification of any such documents by the Owner, without the Architect’s written permission, shall be at the Owner’s sole risk, and the Owner agrees to indemnify and hold the Architect harmless from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by the Owner or by others acting through the Owner. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. 4. Architect and its sub-consultants are entitled to rely on materials information, performance data, and design-build systems engineering provided by others including, but not limited to, manufacturers, suppliers, specialty contractors, and publishers of technical standards. 5. The Owner and Architect agree to waive all consequential damages with respect to each other. 6. The Architect assumes no responsibility for any identification, removal and other work incidental to asbestos or any other hazardous material related to the Project and, therefore, no services are included within the range of this Agreement. 7. The Architect assumes no responsibility for existing conditions concealed from view. No destructive testing or investigation is included within the scope of this Agreement. 8. This Agreement shall be governed by the laws of the place in which the Project is located. 9. Neither the Owner nor the Architect may assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to the lender providing financing for the Project, if the lender agrees to assume the Owner's rights and obligations under this Agreement. 10. If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect will not be obligated to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. 98 December 06, 2021 City of Bozeman Solid Waste Division – office remodel Page 6 of 6 Template 1/2020 11. The Architect will have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional materials. The Architect's materials will not include confidential or proprietary information if the Owner has previously notified the Architect in writing of the specific confidential or proprietary information. The Owner will provide professional credit for the Architect in the Owner's promotional materials for the Project. 12. The terms and conditions of this Agreement contain a series of separate agreements. If, in any proceeding, the court or arbitrators shall refuse to enforce all of the separate agreements, any unenforceable agreement be deemed reduced or eliminated from the terms and conditions for the purpose of such proceeding, but only to the extent necessary to permit the remaining agreements to be enforced in such proceeding. END OF APPENDIX A 99 AN EMPLOYEE-OWNED COMPANY | AN EQUAL OPPORTUNITY EMPLOYER—MINORITIES / FEMALES / DISABLED / VETERANS Bozeman Office 2880 Technology Blvd. W. Bozeman, MT 59718 City of Bozeman – Solid Waste Complex Renovation and Addition Scope and Fee Letter Prepared by: The Buildings Group Morrison-Maierle 100 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 2 | 7 Nov 17, 2021 Comma Q Studio Attn: Scott Dean 109 N Rouse Avenue Bozeman, MT 59715 Dear Scott: Thank you for the opportunity to provide you with scope and fee proposal information for the following services: Structural Mechanical Plumbing Electrical The following is our understanding of the required scope of services, fee assumptions and limitations. SCOPE OF SERVICES AND FEE ASSUMPTIONS/LIMITATIONS Our engineering services were based on the following anticipated scope of services: General: To develop our fees for the base scope of work, we assumed scope will be limited to creating a new 2,000 SF garage and some associated interior renovation work, including converting the existing 1,700 SF garage into two new office spaces, new reception area, and a storage room. Estimated construction cost to be about $400,000. To develop our proposed fees, we anticipated the project to be completed by Summer of 2021, with construction completed by fall of 2021.  For the purposes of this fee estimate, we have assumed a single bid package will be developed. We will assist in the selection of engineering systems in accordance with the objectives and goals of the owner and architect regarding cost, constructability, schedule, etc. However, multiple systems will not be fully developed for pricing purposes. Morrison-Maierle will provide engineering design and analysis based on the requirements of the following codes: o International Building Code (IBC) o International Existing Building Code (IEBC) o International Mechanical Code (IMC) o Uniform Plumbing Code (UPC) o National Fire Protection Association (NFPA) codes 13 72 o National Electrical Code (NEC-NFPA 70) RE:City of Bozeman – Solid Waste Complex 101 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 3 | 7 o International Energy Conservation Code (IECC). Morrison-Maierle will produce drawings in Revit. All drawings will use the architect’s designated drawing conventions. We will use Revit BIM models to develop 2D construction plans and for design team coordination. This level of BIM model development is also known as “LOD 300” as referred to in AIA contracts and other standards of the A/E industry. If additional objectives or other downstream use of the BIM model are required, an additional service fee may be required depending on if additional effort is needed to increase the level of detail and responsibility for accuracy associated with the other use(s) of the information. We will provide electronically transmitted PDFs of the final construction drawings. The architect will complete reproduction and distribution of the bid drawings, construction drawings, specifications, and all addenda. We will provide three-part CSI formatted specifications edited to match the project’s formatting. Additional services include a one-year warranty walkthrough and updated record drawings incorporating changes from the contractor’s field set. Exclusions: Design services are limited to the existing building footprint and new garage. We understand that LEED certification will not be pursued. To minimize our fee, we have not included any contingencies to cover significant changes or redesign caused by other parties or factors that are not within our direct control. We assume that if any exploratory demolition is required it will be contracted by the architect or owner, and performed by a licensed contractor. We have not included value engineering after bidding in this proposal. Value engineering after bid can be provided as an additional service at our standard hourly rates. We did not include reissuing of drawings during construction that include design changes resulting from clarifications or change orders, commonly known as as-builts. 102 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 4 | 7 Structural: Morrison-Maierle will provide structural design, analysis, and development of construction documents for the structural systems layout, member sizing, and member connections for the new garage and associated foundations. The level of effort for structural analysis/design assumes no additional structural work will be required at the existing office/shop complex. Our fee estimate assumes that spread footing foundations will be applicable and that deep foundation systems (i.e. helical piers, driven or drilled piles, etc.) will not be required for this project. The architect will be responsible for exterior envelope design and development of above and below grade water-proofing. We will redline edit the architect’s structural specifications or produce Master SPEC based structural specifications using the architect’s format. The architect will complete word processing of any red-lines, production, and distribution of the specifications. For the purposes of this fee estimate, we have assumed a single structural bid package will be developed (i.e. no separate foundation or other “fast-track” packages). The construction phase fee includes efforts to provide responses to contractor questions, review of shop drawings, observation of construction progress and up to one (1) site visit. Code required “special inspections” which include anticipated construction testing and inspection of the structural systems have not been included in this proposal. These services can be provided by Morrison Maierle under a separate contract with the Owner. Exclusions: Structural (lateral or gravity) analysis of the existing structure. Investigation and demolition investigation of existing structural elements. 103 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 5 | 7 Mechanical (Plumbing/HVAC): We will provide certification of compliance with the mechanical portion of the International Energy Conservation Code (IECC). We anticipate working with the owner and the architect to select a mechanical system during schematic design. We do not anticipate developing more than one system beyond the schematic level, meaning we anticipate defining the mechanical system moving into design development and the construction document phases of the project. We will provide design of heating ventilation and air conditioning (HVAC) systems for the building. We have assumed the system will include the following in the development of our fees: o Modification of the existing propane furnace HVAC system to accommodate changes to the space and floor plan. Ductwork will be modified as required. If capacity is not available in the existing furnace, a new heating system will be designed. o Ventilation modifications to the existing garage systems. o Design of a new heating system for the expanded garage area. o Heating and cooling zones will be established based on building exterior exposures and interior heat gains. These will be coordinated with the owner. We will provide design of the following plumbing systems or components: o Modification of the existing propane gas piping to serve any new heating equipment. The HVAC and plumbing design will extend up to 5-feet from the exterior perimeter of the building where the site civil engineer will show all work from that point to their connection/termination. Our bidding phase fee includes: o Providing responses to contractor questions via addendum(s) during bidding phase Our construction phase fee includes: o Providing responses to contractor questions o Review of shop drawing submittals o Two (2) site visits to observe construction progress. Including a substantial completion inspection and punch list that identifies any deficiencies Exclusions: It is assumed that any propane tank or source and main valving is adequate and will not need to be modified. Energy modeling or building energy simulation. Commissioning of mechanical systems. Design of roof drainage scuppers, gutters and downspouts. Alternative energy system, such as, solar hot water, and geothermal. Foundation drainage systems Camera-scoping of existing sanitary and roof drainage piping. 104 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 6 | 7 Electrical: We will determine if the existing electrical service entrance equipment and electrical panelboards for the building will remain as is, or if they will require upgrade/upsize as part of the addition/renovation. We will provide an initial estimated load calculation for new electrical loads, in addition to final NEC calculated demand loads. We will provide a power system layout and circuiting for the renovation and addition. We will provide luminaire options for the architect’s selection to meet the needs of the renovation and addition. We will provide a lighting layout and circuiting for the renovation and addition. Luminaire layout will be limited to one revision. Layouts in addition to this will be billed as an additional service at standard hourly rates. We will provide an interior/exterior lighting control system layout that meets the requirements of the International Energy Conservation Code (IECC). If required by code or owner, we will provide design of a fire alarm system for the building. We will provide design of infrastructure for the telephone/data system, which includes outlet rough-ins with junction box and empty conduit pathways stubbed to accessible ceiling space. Our bidding phase fee includes: o Providing responses to contractor questions via addendum(s) during bidding phase Our construction phase fee includes: o Providing responses to contractor questions o Review of shop drawing submittals o Two (2) site visits to observe construction progress. Including a substantial completion inspection and punch list that identifies any deficiencies Exclusions: Design of backup power devices, such as, generator or UPS. Alternative energy system design, such as, photovoltaic or wind. Site lighting design. Lightning protection analysis or design. We have not included providing design of an access control or security system. Full access control or security system design can be provided at our standard hourly rates. We have not included providing design for the telephone/data system, or cabling and jack terminations for those respective systems. We have included providing design of rough-in only. The owner or others will be responsible for providing the actual telephone and data communication devices. Full telephone/data system cabling design can be provided as an additional service at our standard hourly rates. 105 CITY OF BOZEMAN – SOLID WASTE COMPLEX | PAGE 7 | 7 Based on our understanding of the required scope of services as outlined in this letter, the following is a distribution of our proposed fees for each discipline/phase of the project: Basic Services Fees:Design Development Phase Construction Documents Phase Permitting & Bidding Phase Construction Phase Total Structural $2,400 $5,700 $450 $1,600 $10,150 Mechanical $2,700 $4,050 $450 $1,800 $9,000 Electrical $2,250 $3,375 $375 $1,500 $7,500 Basic Services Total:$7,350 $13,125 $1,275 $4,900 $26,650 Once we receive your approval of this proposal, we will proceed with the development of an Agreement and begin work on the project. This proposal is valid for up to 60 calendar days after the date of this letter. After 60 days, the proposed fees listed may be subject to increases based on changes in our cost of labor and expenses. Sincerely, Joe Hughes, PE Project Manager Additonal Services Fees:Structural Mech. (HVAC, Plumbing)Elect.Total Record Drawings $500 $500 $500 $1,500 1 year Warranty Walk-Through $0 $350 $350 $700 Additional Services Total $500 $850 $850 $2,200 106 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement with the Montana Department of Transportation (MDT) for the Bridger Drive and Story Mill Road Improvements Project MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign the Memorandum of Agreement with the Montana Department of Transportation (MDT) for the Bridger Drive and Story Mill Road Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Memorandum of Agreement with MDT for the Bridger Drive and Story Mill Road Improvements Project. The document is required in order to obtain the approvals necessary for the improvements to the Bridger Drive and Story Mill intersection that are part of the project. Engineering and legal staff have reviewed the document and found it to be acceptable. Upon execution by the City, the MOA will need to be returned to MDT for final execution on their end. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Bridger_StoryMill_MOA_20211206_FINAL_FOR_CITY_COMMISSION_APPROVAL.pdf Report compiled on: December 15, 2021 107 1 | Page CITY/STATE MEMORANDUM OF AGREEMENT Bridger Drive/P-86 Bozeman December 2021 This Memorandum of Agreement (Agreement) is made and entered into by and between the City of Bozeman (“the City”), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, P.O. Box 1230, Bozeman MT 59771 and the Montana Department of Transportation (“MDT”), a department of the State of Montana, P.O. Box 201001, Helena MT 59620-1001 together referred to as “the Parties”. The Purpose of this Agreement is to set forth the respective responsibilities and duties of the City and MDT associated with the City’s installation and maintenance of a sidewalk and storm drain facilities within the Bridger Drive/P-86 right-of-way (the Project), per the approved plans (Attachment B). WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State Highways and roadways, and associated transportation facilities, including associated pull-offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner and in accordance with Title 23 United States Code (U.S.C) and Title 60 Montana Code Annotated (MCA) including Bridger Drive/P-86, a commission-designated highway system; and WHEREAS, Bridger Drive/P-86 is an MDT maintained route on the Primary System within the State of Montana and is eligible to receive Federal Highway Funds; and WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for Bridger Drive/P-86 to be eligible for federal funds; WHEREAS, The City has agreed to maintain, or cause to be maintained, the Project; and WHEREAS, This Agreement must be fully executed before initiation of construction of the Project within commission-designated right-of-way; and NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities necessary for the maintenance of Bridger Drive/P-86 associated with the construction of the Project, within public right-of-way. ARTICLE I. GENERAL OBLIGATIONS OF MDT 1. If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such 108 2 | Page maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 2. MDT may complete any maintenance required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. ARTICLE II. OBLIGATIONS OF THE CITY: 1. The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within Transportation Commission designated right-of-way without prior written approval from MDT. 2. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within Transportation Commission designated right-of-way. 3. The City agrees to be responsible for any and all damages to facilities within Transportation Commission designated right-of-way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 4. If the City fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance. 5. MDT may complete any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance, including Indirect Costs. ARTICLE III – PROJECT-SPECIFIC FEATURES 1. Sidewalks/Curb a. Upon completion of the Project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair, and pay the cost of operating the sidewalk/curb within the project limits, such that it does not negatively impact 109 3 | Page the operation of the sidewalk or the safety of the traveling public. If all or part of the Project becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of a sidewalk” is defined as: grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged sidewalk; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to safe pedestrian travel; and any and all other normally accepted maintenance practices. 2. Storm Drain Facilities a. Upon completion of the project, the City agrees that it is responsible, at no cost to MDT, to provide for proper and timely operation and routine maintenance of the City storm drain. b. For the purposes to this Agreement, “maintenance of storm drain facilities”, is defined as: cleaning or removing debris from mains, inlet runs, inlets, manholes, ditches, or culverts; jetting inlets or inlet runs; replacing broken grates, rings, manhole bottoms or lids, or resetting inlets or manholes. ARTICLE IV – GENERAL TERMS AND CONDITIONS 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2. Termination – This Agreement may be terminated by MDT if the City has violated or breached any term, condition or article of this Agreement and the City has failed to correct the same within 60 days of receiving notice in writing addressed to the City at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City approval. MDT may seek compensation for maintenance or removal of the Project from the City. 3. Hold Harmless & Indemnification The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or 110 4 | Page damage to property, arising out of the acts or omissions of the City, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 4. Insurance 1. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. 2. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. 3. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. 4. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 5. Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 111 5 | Page 6. Invoicing and Indirect Cost (IDC) If MDT incurs any costs as a result of a public emergency that necessitates action on MDT’s part concerning the maintenance or repair of the Project back to its original state, MDT shall be compensated for such costs by the City, and the City shall pay the same within thirty (30) days of its receipt of such invoices. Section 17-1-106, MCA, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 9.66% for fiscal year 2022 (July 1, 2021 to June 30, 2022). If the work occurs or extends into fiscal year 2023 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). 1. Invoice will be sent to: City of Bozeman Attn: Town Clerk/Treasurer PO Box 1230 Bozeman, MT 59771 2. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 7. Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement on Indemnification. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 8. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 9. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship 112 6 | Page of principal and agent or create any partnership joint venture or other association between the Parties. 10. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way (2011 PROWAG), and MDT’s Detailed Drawings, 608 series. 12. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the City maintain in connection with this Agreement. 13. Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The City agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 15. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of-way cease to be used by the City for a period of one year or abandoned otherwise. Upon revocation or abandonment, the system facilities must be removed in compliance with this Agreement. 16. Utilities – The right of any private or public utility now lawfully occupying the right-of-way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 17. Amendment and Modification – The Parties may modify or amend this Agreement only by a written Addendum signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any 113 7 | Page Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 18. Representatives a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee 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, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. (Signature Pages to Follow) 114 8 | Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. SIGNATURES: STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By ______________________________________________ Date: _________________________________ Montana Department of Transportation ________________________________ Approved for Legal Content ________________________________ Approved for Civil Rights CITY OF BOZEMAN Date: _________________________________ By: _____________________________________________________________ Jeff Mihelich – City Manager 115 9 | Page ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 116 Page 1 of 4 Rev. 01/2021 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/ creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, national origin, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that PARTY does not discriminate on the grounds of any protected classes. ii. Statement that PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. - discrimination complaints and providing reasonable accommodations under the ADA. 117 Page 2 of 4 Rev. 01/2021 iv.Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: - discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 118 Page 3 of 4 Rev. 01/2021 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms -aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 119 Page 4 of 4 Rev. 01/2021 - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 120 10 | Page ATTACHMENT B Project Plans 121 VICINITY MAPSITEBOZEMAN, MONTANAPREPARED FOR:STORY MILL ROADBRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION,STORMWATER AND INTERSECTION IMPROVEMENTSNORTHPROJECT NO:FOR BIDDING20023.02106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876sandersonstewart.comCITY OF BOZEMANBOZEMAN, MONTANA 5971520 EAST OLIVE STREET"(BLANK)"SHEETTITLEC1.1COVERC2.1LEGENDS AND ABBREVIATIONSC3.1EXISTING TOPOGRAPHY AND DEMOLITION PLANC3.2EXISTING TOPOGRAPHY AND DEMOLITION PLANC4.1OVERALL SITE PLANC4.2OVERALL SITE PLANC5.1PLAN AND PROFILE STA. -4+00 TO 0+00C5.2PLAN AND PROFILE STA. -0+50 TO 4+00C5.3PLAN AND PROFILE STA. 4+00 TO 9+00C5.4PLAN AND PROFILE STA. 8+50 TO 12+25C6.1PATH PLAN AND PROFILE 40+00 TO 43+50C6.2PATH PLAN AND PROFILE 43+50 TO 46+75C7.1STORM DRAIN PLAN STORY MILL ROAD AND BRIDGER DRIVEC7.2STORM DRAIN PLAN AND PROFILE STA 0+00 TO 3+50C7.3STORM DRAIN PLAN AND PROFILE STA 3+50 TO 7+00C7.4STORM DRAIN PLAN AND PROFILE STA 5+50 TO 8+50C8.1GRADING PLAN-BRIDGER DRIVE INTERSECTIONC8.2GRADING PLAN-COS 1895 APPROACH & HILLSIDE LANE INTERSECTIONC8.3GRADING PLAN-HILLSIDE LANE EAST SIDE CONNECTIONC8.4GRADING PLAN-GRIFFIN DRIVE INTERSECTIONC8.5GRADING PLAN-SOUTH CONNECTIONC8.6INFILTRATION POND GRADINGC9.1STORY MILL ROAD CROSS SECTIONSC9.2STORY MILL ROAD CROSS SECTIONSC9.3STORY MILL ROAD CROSS SECTIONSC9.4STORY MILL ROAD CROSS SECTIONSC10.1STORY MILL ROAD DETAILSC10.2STORY MILL ROAD DETAILSS1.1SIGNAGE & STRIPINGS1.2SIGNAGE & STRIPINGS1.3SIGNAGE & STRIPINGS1.4SIGNAGE & STRIPINGS1.5SIGNAGE & STRIPINGS1.6SIGNAGE & STRIPING DETAILSS1.7SIGNAGE & STRIPING DETAILSE1.1POLE SCHEDULEE1.2LIGHTING PLANSE1.3LIGHTING PLANSE1.4SIGNAL PLANE1.5CONTROLLER SETTINGSE1.6WIRING DIAGRAME1.7ELECTRICAL DETAILSE1.8ELECTRICAL DETAILSE1.9ELECTRICAL DETAILSE1.10ELECTRICAL DETAILSE1.11ELECTRICAL DETAILSE1.12ELECTRICAL DETAILSE1.13ELECTRICAL DETAILSE1.14ELECTRICAL DETAILSE1.15ELECTRICAL DETAILSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_COVER.dwg, 11/19/2021 9:18:27 AM, AutoCAD PDF (Genera 122 EXISTING WATER VALVEEXISTING FIRE HYDRANTEXISTING CURB STOPFIRE DEPT. CONNECTIONWELLDEMO AREAEW = FINISHED GRADE AT EDGE OF WALKTC = FINISHED GRADE AT TOP BACK OF CURBBC = FINISHED GRADE AT BUILDING CORNERTW = FINISHED GRADE AT TOP OF WALLAC = FINISHED GRADE AT ASPHALTEA = FINISHED GRADE AT EDGE OF ASPHALTEC = FINISHED GRADE AT EDGE OF CONCRETESDI = STORM DRAIN INLETSDMH = STORM DRAIN MANHOLEFL = FINISHED GRADE AT FLOWLINEFG = FINISHED GRADE EX = APPROXIMATE EXISTING ELEVATIONPOC = POINT ON CURVEEXISTING WATER REDUCERWTR = WATERPI = POINT OF INTERSECTIONPRC = POINT OF REVERSE CURVERT = RIGHTLT = LEFTSS = SANITARY SEWERPT = POINT OF TANGENCYSD = STORM DRAINGV = GATE VALVEBFV = BUTTERFLY VALVERED = REDUCERLF = LINEAL FOOTFT = FEETSSMH = SANITARY SEWER MANHOLEBVC = BEGIN VERTICAL CURVECS = CURB STOPEVC = END VERTICAL CURVEPVI = POINT OF VERTICAL INTERSECTIONLINETYPESABBREVIATIONSPROPOSED WATER REDUCERPROPOSED WATER VALVEPROPOSED FIRE HYDRANTPROPOSED CURB STOPKEYNOTE CALL OUT(SEE KEYNOTE LEGEND)FOR BIDDINGSRVC = SERVICE(TYP.) = TYPICALPC = POINT OF CURVATURENOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN AREINDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER.THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION.SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION)MAY NOT BE STRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAWREQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATIONFOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANAPUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THECITY OF BOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITHADDENDUM.-ALL IMPROVEMENTS WITHIN MONTANA DEPARTMENT OF TRANSPORTATION RIGHTOF WAY SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA DEPARTMENT OFTRANSPORTATION STANDARD AND SUPPLEMENTAL SPECIFICATIONS FOR ROADAND BRIDGE CONSTRUCTION.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALLBE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSEDIN THE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF ORENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT ANDSTAKING TECHNIQUES AS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEINGPERFORMED.GR = EXISTING GRADE AT GROUNDBRK = GRADE BREAKFIBER OPTICGAS PIPELINEOIL PIPELINEUNDERGROUND POWERSANITARY SEWERSTORM DRAINTELEPHONETELEVISION/CABLEWATERCONTOUROVERHEAD POWERFENCE - VINYLFENCE - BARBWIREFENCE - WOODCURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELFENCE - CHAINLINK/WOVEN WIREEXISTINGPROPOSEDHP = HIGH POINTFILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C2.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD LEGENDS AND ABBREVIATIONS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_COVER.DWG JHSW S = WATER SERVICESS S = SANITARY SEWER SERVICEELECTRIC JUNCTION BOXSIGNPOWER POLEBOLLARDBUSHFIBER OPTIC PEDESTALGAS METERGAS MANHOLEGAS VALVEGUYWIREIRRIGATION VALVEIRRIGATION BOXLIGHT POLEPOWER METERPOWER MANHOLEELECTRIC PEDESTALSIGNAL POLETELEPHONE MANHOLETELEPHONE PEDESTALTRANSFORMERCONIFEROUS TREEDECIDUOUS TREECOMMUNICATIONS MANHOLECOMMUNICATIONS PEDESTALGAS WELLFOUND CORNER MONUMENT AS NOTEDSET CORNER MONUMENT, REBAR WITH CAPBENCHMARKSECTION QUARTER CORNERSECTION CORNERSYMBOLSEXISTING MONUMENT BOXPROPOSED MONUMENT BOXEXISTING STORM DRAIN MANHOLEEXISTING CATCH BASINEXISTING SANITARY SEWER MANHOLESANITARY SEWER CLEAN OUTTELEPHONE BOXYARD HYDRANTPROPOSED CATCH BASINPROPOSED SANITARY SEWER MANHOLEPROPOSED STORM DRAIN MANHOLEPROPOSED AREA CATCH BASINCATCH CURBSPILL CURBTRANSITION FROM CATCHTAPER CURB HEAD 3'TO SPILL CURBGRADING PLANEXISTING 60' STORY MILL ROAD EASEMENTEXISTING UTILITY EASEMENTEXISTING PROPERTY BOUNDARYEXISTING 30' ROAD EASEMENTP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_COVER.dwg, 11/19/2021 9:18:28 AM, AutoCAD PDF (Genera 123 CP#1CP#2NORTHFOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C3.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD EXISTING TOPOGRAPHY AND DEMOLITION PLAN 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_EXISTING_PROD.DWG JHS4004080SCALE: 1" = 80'PROJECT SURVEY CONTROLPoint #12Northing128509.29128600.56Easting386497.27386003.78Elevation4733.264728.56DescriptionCP / 2ACRSSCNTLMONCP / 2ACRSSCNTLMONP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_EXISTING_PROD.dwg, 11/19/2021 9:18:49 AM, AutoCAD PD 124 NORTHFILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C4.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD OVERALL SITE PLAN 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_OVERALL_PROD.DWG JHS4004080SCALE: 1" = 80'FOR BIDDINGP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_OVERALL_PROD.dwg, 11/19/2021 9:19:21 AM, AutoCAD PD 125 NORTHFOR BIDDING VERTICAL SCALE: 1"=10'FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C5.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD PLAN AND PROFILE STA. -4+00 TO 0+00 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_PNP_ROAD_PROD.DWG JHS 2002040HORIZONTAL SCALE: 1" = 40'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_PNP_ROAD_PROD.dwg, 11/19/2021 9:20:05 AM, AutoCAD P 126 NORTHFOR BIDDINGVERTICAL SCALE: 1"=10'FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C5.2BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD PLAN AND PROFILE STA. -0+50 TO 4+00 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_PNP_ROAD_PROD.DWG JHS 2002040HORIZONTAL SCALE: 1" = 40'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_PNP_ROAD_PROD.dwg, 11/19/2021 9:20:15 AM, AutoCAD P 127 NORTHFOR BIDDINGVERTICAL SCALE: 1"=10'FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C7.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD STORM DRAIN PLAN STORY MILL ROAD AND BRIDGER DRIVE 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_PNP_STORM_PROD.DWG JHS 2002040HORIZONTAL SCALE: 1" = 40'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_PNP_STORM_PROD.dwg, 11/19/2021 9:21:50 AM, AutoCAD 128 NORTHFOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C8.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD GRADING PLAN-BRIDGER DRIVE INTERSECTION 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ENLARGED_GRADING.DWG JHS 50510SCALE: 1" = 10'129 FOR BIDDINGVERTICAL SCALE: 1"=20'FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C9.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD STORY MILL ROAD CROSS SECTIONS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_XSECT_PROD.DWG JHS1001020HORIZONTAL SCALE: 1" = 20'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_XSECT_PROD.dwg, 11/19/2021 9:24:47 AM, AutoCAD PDF (G 130 FOR BIDDINGVERTICAL SCALE: 1"=20'FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C9.4BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD STORY MILL ROAD CROSS SECTIONS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_XSECT_PROD.DWG JHS1001020HORIZONTAL SCALE: 1" = 20'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_XSECT_PROD.dwg, 11/19/2021 9:24:54 AM, AutoCAD PDF (G 131 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C10.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD STORY MILL ROAD DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_DETAILS.DWG JHSTYPICAL STORY MILL ROAD TYPICAL STORY MILL ROAD TYPICAL STORY MILL ROAD P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_DETAILS.dwg, 11/19/2021 9:25:01 AM, AutoCAD PDF (Gene 132 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION C10.2BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD STORY MILL ROAD DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_DETAILS.DWG JHSSTORM DRAIN OUTLET STRUCTURE DETAIL P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_DETAILS.dwg, 11/19/2021 9:25:01 AM, AutoCAD PDF (Gene 133 ONLYONLYONLY DRBRIDGER DRBRIDGERONLY25SPEEDLIMIT35SPEEDLIMIT NEWD3-1 (OH)12"x60"NEWR3-5L (OH)30"x36"RDSTORY MILLNEWR3-5L (OH)30"x36"NEWD3-1 (OH)12"x60"RDSTORY MILLNEWR3-5L (OH)30"x36"NEWD3-1 (OH)12"x54"NEWD3-1 (OH)12"x54"NEWR3-5L (OH)30"x36"NEWR2-124"x30"NEWR4-1130"x30"NEWR3-830"x30"NEWR7-1L12"x18"NEWR7-1R12"x18"REMOVEW11-2W16-7PLUSE AS ISEX. R3-17EX. R3-17APREMOVEEX. (4)D3-1 EX.R1-1REMOVEW11-2W16-7PLRESETR2-1REMOVEEX. (4)D3-1 EX.R1-1RESETEX. D10-1NEWR3-1724"x12"FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION S1.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAGE & STRIPING 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_S&S_PROD.DWG JHS NORTH1501530SCALE:1" = 30'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_S&S_PROD.dwg, 11/19/2021 9:25:37 AM, AutoCAD PDF (Ge 134 ONLYONLYDRBRIDGERONLYNEWD3-1 (OH)12"x60"NEWR3-5L (OH)30"x36"RDSTORY MILLNEWR3-5L (OH)30"x36"NEWD3-1 (OH)12"x54"NEWR3-5L (OH)30"x36"NEWR3-830"x30"NEWR7-1L12"x18"NEWR7-1R12"x18"NEWR7-1L12"x18"NEWR7-1R12"x18"REMOVEW11-2W16-7PLREMOVEEX. (4)D3-1 EX.R1-1RESETEX. D10-1USE AS ISDYNAMIC SPEEDSIGNUSE AS ISEX. R2-1RESET STORY MILLSIGN AND BENCHNEWR7-1L12"x18"NEWR7-1R12"x18"FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION S1.2BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAGE & STRIPING 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_S&S_PROD.DWG JHS NORTH1501530SCALE:1" = 30'P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_S&S_PROD.dwg, 11/19/2021 9:25:44 AM, AutoCAD PDF (Ge 135 REMOVEEX. W11-2 EX.W16-2AREMOVEEX. W11-2 EX.W16-2AFOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION S1.5BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAGE & STRIPING 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_S&S_PROD.DWG JHS NORTH150SCALE: 1" = 30'1530P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_S&S_PROD.dwg, 11/19/2021 9:26:09 AM, AutoCAD PDF (Ge 136 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION S1.6BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAGE & STRIPING DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_S&S_PROD.DWG JHS BIKE LANE MARKING DETAIL SHARKS TOOTH MARKINGS DETAIL(TYPE "A" CROSSINGS)FOR PEDESTRIAN CROSSINGSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_S&S_PROD.dwg, 11/19/2021 9:26:15 AM, AutoCAD PDF (Ge 137 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION S1.7BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAGE & STRIPING DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_S&S_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_S&S_PROD.dwg, 11/19/2021 9:26:15 AM, AutoCAD PDF (Ge 138 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.1BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD POLE SCHEDULE 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:26:41 AM, AutoCAD PDF (Ge 139 S1S2S3S4S5S6S7S8S9S10S11L1L2L3L4NORTHFOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.2BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD LIGHTING PLANS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHS1501530SCALE: 1" = 30'NORTH1501530SCALE: 1" = 30'CONDUIT & WIRESCHEDULEAAAAAAAAAABBBBP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:26:51 AM, AutoCAD PDF (Ge 140 S6S5S4S3S2S1S11S10S9S8S71213314451561678179181011191220FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.4BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD SIGNAL PLAN 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHS NORTH1001020SCALE: 1" = 20'CBDEJELEGEFEHEMEKAP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:13 AM, AutoCAD PDF (Ge 141 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.5BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD CONTROLLER SETTINGS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSNORTHSTORY MILL RDBRIDGER DRBRIDGER DR426MAX GREENTime of Day (TOD)TIMING PLAN 1MAX GREENTime of Day (TOD)TIMING PLAN 2WEEKLY PROGRAMThuFriSatWedSunMonTuePREEMPTIONPlanCalls ØOutput123456789101112MovementExtendDelayController SettingsDETECTOR TABLE**Phase Called (Call/Call Locking/Extend)BASIC INTERVALSPhase12345678LagMax 1Max 2Time BeforeTime to ReduceMinimum GapYellowAll RedPed ClearanceMin Green10.07.010.0MovementEBSBWBExtension2.02.02.0Walk7.0RecallSOFTSOFTProg Flash DisplayYRYStart Up Ø XTiming Plan21111122648CH13RCH14RCH15RCH16R06301900MAX 1MAX 2MAX 2MAX 1090017003.620.02.02.43.0NONEX2.03.6-4-4Offsetfrom theStop BarEBSBWB-4** PHASE CALL C= CALL CL= CALL LOCKING E=EXTENDSIGNAL TIMING PLANBRIDGER DR & STORY MILL RDEB1DetectionZoneSB1WB1C/EEC/EEC/ENB3456STORY MILL RD 87.02.0R2.43.0NONE7.016.07.016.07.020.046234623NB-4NB1EEC/E101056235623P:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:17 AM, AutoCAD PDF (Ge 142 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.6BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD WIRING DIAGRAM 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHS NOT TO SCALENOT TO SCALEP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:18 AM, AutoCAD PDF (Ge 143 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.7BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:19 AM, AutoCAD PDF (Ge 144 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.8BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:20 AM, AutoCAD PDF (Ge 145 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.10BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:24 AM, AutoCAD PDF (Ge 146 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.11BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:26 AM, AutoCAD PDF (Ge 147 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.13BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:30 AM, AutoCAD PDF (Ge 148 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.14BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHS35', 40' & 45'MOUNTINGHEIGHTCOPPER GROUNDINGSTRAP BETWEENANCHOR BOLT,CONDUIT (IF METAL)AND BARE AWG NO.6GROUND WIRECLASS STRUCTURECONCRETEFOUNDATIONANCHOR BOLTPROTRUSION5" TO 7 "PEDESTRIANPUSH BUTTONWHEN SPECIFIEDARROW TO BE LEFT OR RIGHT,OR BOTH AS REQUIRED.5" x 7 34" ALUMINUMSIGN, BLACK LETTERSON WHITE BACKGROUND.BACK OF CASTING SHAPED TOFIT CURVATURE OF POLE.TERMINALCOMPARTMENTPOLESHAFTTYPE 2ATYPE 3A2" SCHEDULE 40 A53 PIPE(BREAK SHARP EDGES FORWIRE PROTECTION)UPPER SHAFT4" x 6 12"HANDHOLEAND COVERPROVIDE A REMOVABLECOVER PLATE WITHEACH POLE SHAFT.COVER PLATE DETAILIS REQUIRED.2" SCHEDULE 40 A53 PIPE(BREAK SHARP EDGES FORWIRE PROTECTION)WELD HOOK TO POLESHAFT FOR SUPPORTOF WIRE CLAMP14" PLATE TOP,BOTTOM AND SIDESREMOVABLECAP34" THREADED SCHEDULE 40A53 PIPE (BREAK SHARP EDGESFOR WIRE PROTECTION)1 " SCHEDULE 40 A53 PIPE(BREAK SHARP EDGES FORWIRE PROTECTION)2" SCHEDULE 40 A53 PIPE(BREAK SHARP EDGESFOR WIRE PROTECTION)2" SCHEDULE 40 A53 PIPE(BREAK SHARP EDGES FORWIRE PROTECTION)LUMINAIREMAST ARMFILLERMATERIAL38" PLATE TOP,BOTTOM AND SIDESREMOVABLE CAPAMIN.LUMINAIRE ARMMIN. 11 GAUGEUPPER SHAFTMIN.11 GAUGE12' 6"6"10' 0"19' 0"3" THREADED SCHEDULE 40 A53 PIPE,PROJECTING FROM SHAFT 2", WITHREMOVABLE CAP. BREAK SHARP EDGESFOR WIRE PROTECTION.7' 0"4' 0"2' 6"2' 6" ± 1' 6"*7*3*2*12' 6"3' 0"*8 IS ELEVATION AT BOTTOM OF TRAF. SIGNAL HEADS (FIELD MOUNTED)*9 IS ELEVATION AT BOTTOM OF PED. SIGNAL HEADS (FIELD MOUNTED)*10 IS ELEVATION AT BOTTOM OF CONTROLLER CABINET (BAND MOUNTED)LOWER SHAFTSIGNAL ARM*3A*3B*3CLFACE OF CURB212" CLEARANCEN2' 0" MIN.REBAR HOOPS SPACEDEQUALLY AT ABOUTUSE GRADE 60 REINFORCING STEEL1'-4"LAP3"6"3"6"2" BEVEL3' 4"2' 0"K OF #41' 0" CENTERS10 OF #6 REBARM LONG (TYP.)EQUALLY SPACEDTABLE 3MTG.PTS.15'ATABLE 2DESIGN WEIGHTDESIGN AREA135 LB.MOUNTING POINTSNILNIL100 LB.9.0 SQ.FT.9.0 SQ.FT.105 LB.3.3 SQ.FT.210 LB.3.0 SQ.FT.200 LB.TABLE 1ABCDSIGNAL ARMPOLE SHAFTEFGHJFOUNDATIONKLMN20' & 25'ANCHOR BOLTS12.0 SQ.FT.80 LB.8.0 SQ.FT.4.72 SQ.FT.50', 55' & 60'* 1SIGNAL* 2EMERG. VEHICLEDETECTOR* 7LUMINAIRE* 8SIGNALS* 9PED. SIGNAL* 10CONTROLLER CAB.30', 35', 40' & 45' *1, *2 & *3TYPE (A) LOWER SHAFTTYPE (B) LOWER SHAFT15', 20', 25', 30', 35', 40'45', 50', 55', 60'19" SQ.21" SQ.19"21"134" x 48"2" x 48"MIN.BASEDIA.1312"15"MIN.WALLTHICK.516"516"22" SQ.24" SQ.23"25"112" - 6 UNC - 6" A325112" - 6 UNC - 6" A325 *1, *1A, *2, *3, & *3A12' 0"3' 0"12' 0"4' 0"77LB.11' 6"11' 6"12122"2"TYPICAL SIGNAL MOUNTINGSTERMINALCOMPARTMENT55'60'12.60'12.60'BASE SECTIONEND SECTIONSIGNAL ARM SLIP JOINTSPANLENGTHLENGTH45.00'50.00'BASE SECTION WITHFIELD DRILLED HOLEFOR 58" BOLT58"THRUBOLTEND SECTION WITH34" HOLE FOR 58"BOLTFIELD ASSEMBLEDTO ACHIEVE A SNUGTIGHT JOINT (MIN.OVERLAP NOT LESSTHAN 2.5 FT).STANDARDMAST ARMMOUNTINGELEVATOR PLUMBIZERMAST ARM MOUNTINGUSE PIPE BRACKETS TO MOUNT TRAFFIC ANDPEDESTRIAN SIGNALS TO THE POLE SHAFT UNLESSOTHERWISE SHOWN ON THE PLANS.TYPICAL FOUNDATIONNOTESDESIGN STANDARDS IN ACCORDANCE WITH THE 2015 AASHTO LRFD SPECIFICATIONSFOR STRUCTURAL SUPPORTS FOR HIGHWAY SIGNS, LUMINAIRES AND TRAFFICSIGNALS (AND ANY AMENDMENTS THERETO).DESIGN PARAMETERSDESIGN WIND VELOCITY 700 YEAR MRI BASIC WIND SPEEDFATIGUE CATEGORY 2HEIGHT AND EXPOSURE FACTOR Kzz = 16 FEETά = 9.5zg = TAKEN AS 900 FEET FOR EXPOSURE CDIRECTIONAL FACTOR Kd = 0.95, GUST FACTOR = 1.14 DRAG COEFFICIENTSLFRD TABLE 3.8.7-1NO ICE LOADS OR GALLOPINGDESIGN AREA = AREA WITH MAXIMUM WIND LOAD (WIND IS PERPENDICULARTO STANDARD, AS SHOWN).DESIGN WEIGHT = DEAD LOAD.DESIGN ALL TYPE (A) LOWER SHAFTS FOR A = 40' AND A MOUNTING HEIGHT OF 45'.DESIGN ALL TYPE (B) LOWER SHAFTS FOR A = 60' AND A MOUNTING HEIGHT OF 45'.PROVIDE ANCHOR BOLTS CONFORMING TO ASTM F1554 OR EQUAL. GALVANIZE ANDTHREAD THE TOP END (12" MIN.).CALL OUT WELDING PROCEDURES, SYMBOLS, BASE METAL SPECIFICATIONS ANDGRADES PRIOR TO FABRICATION OR APPROVAL.GALVANIZE POLE SHAFTS, ARMS, AND ACCESSORIES PER ASTM A123. GALVANIZEHARDWARE PER ASTM F2329.DETAIL 4DETAIL 5CURBSIGNALPEDESTRIAN PUSHBUTTON SIGNTYPICAL ORIENTATION FOR PIPEBRACKET MOUNTED SIGNALSSIGNAL STANDARD TYPEDETAIL 345° (TYP.)5JHEA36 PLATEFLOWER SHAFT58"- 11 UNC - 212" A325 (TYP.)(TYP.)GCJPDETAIL 1SIGNAL ARM CONNECTIONUPPER SHAFTA36 PLATEA36 PLATE45° (TYP.)LOWER SHAFT34" PLATE13" SQ.15"34" PLATEDETAIL 2SHAFT TO SHAFTDETAIL 6114"214"34"- 10 UNC - 3" A325 (TYP.)10"1412"1" PLATE34" PLATE7"7"912"DETAIL 3LUMINAIRE ARM CONNECTIONCDLOWER SHAFTFOR GROUNDINGNOTEA HANDHOLE DETAILAND A NUT HOLDERB45° (TYP.)A36 PLATEDETAIL ARE REQUIRED.HANDHOLEAND COVERSLOT = ANCHOR BOLT + 14" (TYP.)18"12" NUT HOLDERCJP4" x 8"DETAIL 6BASESIGNAL MAST ARM2"612"1"*2*3, 3A ,3B ,3CDETAIL 5ARM TENONS212"612"*7DETAIL 4LUMINAIRE TENONDETAIL 1 & 2 *1, *1A, *1B, *2, *3, *3A, & *3B *1, *1A, *1B, *1C, *2, *3, *3A, *3B, & *3C*1B*1A*1C *1, *1A, *1B, & *1C3' 0"3' 0"3' 0"12' 0"12' 0"15' 0"*1A - *1CSIGNAL*3 - *3CSIGN PANEL2"2"2"2"7 12" DIA. HOLEIN BASE PLATEWATCH FORVEHICLESSTART CROSSINGDON'T STARTFINISH CROSS INGIF STARTEDDON'T CROSSTO CROSSPUSH BUTTONSTEADYFLASHING TWISTLOCK TYPEPHOTO-ELECTRICCONTROLFIELD DRILL ANDTAP HOLE IN POLEFOR 1/2" PIPEINSTALLATION DETAIL FORPHOTO-ELECTRIC CONTROLCONDUIT OUTLETBODYSIGNAL POLEP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:31 AM, AutoCAD PDF (Ge 149 FOR BIDDING FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION E1.15BOZEMAN, MONTANA BRIDGER DRIVE TO GRIFFIN DRIVE RECONSTRUCTION, STORMWATER AND INTERSECTION IMPROVEMENTS STORY MILL ROAD ELECTRICAL DETAILS 20023.02 -- - - - - - FOR BIDDING - - - - - 10/22/21 PRELIMINARY06/16/21 RRR/CMK/SNH 20023_ELEC_PROD.DWG JHSP:\20023_Story_Mill_Rd_PreDesign\CADD_C3D\PRODUCTION_DWG\20023_ELEC_PROD.dwg, 11/19/2021 9:27:34 AM, AutoCAD PDF (Ge 150 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Authorize the City Manager to Sign a Contract with American Medical Response for Backup Ambulance Services MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager's signature on a contract with American Medical Response for backup ambulance services. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: The Fire Department maintains an agreement with American Medical Response (AMR) for providing backup ambulance services in situations where AMR is unable to provide them. As part of this agreement AMR provides the Fire Department with a completely furnished ambulance that is housed in a city fire station. Additionally AMR provides equipment to fully furnish the Fire Department owned ambulance. In the event that Fire Department has to deploy either one of these ambulances, AMR provides payment to the Fire Department for the personnel cost associated with covering the response. This agreement covers the specifics of this partnership, including insurance requirements necessary for this arrangement. This agreement is being updated to reflect changes in the contract that would allow the City of Bozeman to charge health insurance companies for ambulance service provided by the city fire department. Additionally the agreement is being updated to allow the City of Bozeman to bill AMR during events where the fire department has to provide ALS support coverage. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None 151 Attachments: City of Bozeman - Safety Net Agreement 2022.pdf Report compiled on: December 17, 2021 152 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 1 of 10 THIS BACK-UP AMBULANCE SERVICES AGREEMENT ("Agreement") is made between the American Medical Response Ambulance Service, Inc. (" AMR") with offices at 2101 Industrial Drive, Bozeman, Montana 59715 and the City of Bozeman (the "City") a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, with offices at 121 North Rouse Bozeman, Montana 59715. WHEREAS, the Parties wish to provide emergency medical services for patients in the community; WHEREAS, the Parties desire to provide backup services and ALS support coverage for patients in the community that need emergency medical services when the normal emergency medical system resources would result in a significantly delayed response; and WHEREAS, the Parties want to combine certain of their individual resources on the terms and conditions herein to provide emergency medical services for patients in the community. NOW, THEREFORE, 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. AMR currently provides non-exclusive emergency and medical response services within the City of Bozeman. The purpose of this Agreement is for the City to assist AMR in its provision of these services by providing back-up services and advanced life support (ALS) support coverage for AMR’s emergency and medical response through the use of personnel within the Bozeman Fire Department. ALS support coverage for the purpose of this agreement is limited to events where AMR requests an ALS intercept or sends a basic life support (BLS) transport unit to an ALS call due to all available ALS units being encumbered and BFD is being asked to provide a paramedic to accompany the transport and provide ALS level care. This does not apply to events where the appropriate unit is dispatched to the call based on EMD and crews arrive to find a different situation than dispatched to. 153 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 2 of 10 2. Term and Termination. This Agreement shall be for a term of two (2) years from the Effective Date, as defined below. This Agreement may be extended by mutual written consent of the Parties. This Agreement may be terminated by either Party upon the material breach of this Agreement by the other Party if such breach is not cured within (30) thirty days written notice ("Breach Notice") thereof to the other Party but only in compliance with Section 25 (Dispute Resolution), below. The Breach Notice must specifically identify the material breach and specifically request remedy. Either Party may terminate this Agreement without cause on ninety (90) days written notice to the other Party. 3. Vehicle Leased to City. In fulfillment of the purpose of this Agreement, AMR hereby leases one (1) fully depreciated advanced life support ambulance ("ALS Unit") to City. The City shall be responsible for any applicable vehicle licensing or permit requirements for the ALS Unit. The City shall only use the ALS Unit for backup services and only after notified by AMR that it needs City to provide backup services. The City shall not use the ALS Unit for any other purpose. The ALS Unit shall be marked and designated as a City vehicle. The Fire Chief and AMR may opt to change the year, make and model of the ambulance leased to the city upon mutual agreement. The ALS Unit will be stationed at any City Fire Station as deemed by the City to be the best use of that ALS Unit. The City shall secure and store the ALS Unit during down time. The City shall notify AMR immediately if the ALS Unit has mechanical problems or is out-of-service. The City shall also notify AMR of any motor vehicle accident that involves the ALS Unit within twenty- four (24) hours of the accident. The lease under this paragraph ends upon the expiration of this Agreement or upon any earlier termination thereof. 4. City Personnel. The City will supply ALS level personnel from the Bozeman Fire Department to provide ALS support coverage or backup services with the ALS Unit. The City’s personnel will be licensed, certified and accredited in accordance with applicable federal, state or local laws. The City shall be solely responsible for all compensation and benefits to its personnel that provide ALS support coverage or backup services with the ALS Unit. 5. Maintenance, Supplies, Equipment and Replacement. AMR at its cost and expense will provide equipment, disposable medical supplies and preventative maintenance for the ALS Unit. AMR will replace or replenish disposable medical supplies used by Department for backup services on a one-for-one basis. The City shall be responsible for replacement of any equipment or disposable medical supplies that are lost, stolen or damaged.. 6. Training. AMR may from time-to-time provide City, at no cost, with training for City personnel on ambulance driving and transport procedures. Any training will be at a mutually agreed upon time and place. 154 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 3 of 10 7. Consideration. As consideration for the City providing backup services, vehicle stationing, assignment of personnel to the ALS Unit, deployment benefits and other consideration received from the Department, AMR will provide the City with vehicle preventative maintenance equipment, disposable medical supplies, training and other consideration as outlined in this Agreement and AMR will lease the ALS Unit to the City without charge. The Parties warrant and represent that the consideration exchanged in this Agreement is fair market value. 8. Dispatch Services. When AMR determines that it needs the City to provide backup services, if not automatically requested via computer aided dispatch (CAD), AMR will contact Gallatin County 911 to request the needed services from the City. The Department will immediately notify AMR if it does not have available personnel to staff the ALS Unit or provide ALS support coverage. Pre-arrival instructions for backup services will continue to follow the procedures as established by the emergency medical system. The City may also use the ALS Unit for standby services that it may provide under any future agreement or agreement between the parties ("Future Standby Arrangement"). Any transports that the City may provide under any Future Standby Arrangement shall be subject to the terms of paragraph 11 below. 9. Standard of Emergency Medical Services. The City will provide backup services or ALS support coverage in accordance with prevailing industry standards of quality and care applicable to the emergency medical services industry. 10. Protocols. The City will comply with any and all applicable emergency medical service protocols. 11. Payment for Backup Services. In providing back-up services under this Agreement, AMR shall not seek fees, reimbursement or payment from any patient, third-party payor when the city conducts backup services. Notwithstanding the preceding, if the City does not have available employees to provide backup services and must call-back employees who are off- duty to provide backup services, AMR will reimburse the City for its all costs to call-back its off-duty employees ("CallBack Pay"). The City shall provide AMR with documentation to support any invoice for Call-Back Pay. The city may seek reimbursement from a patient or insurer to offset additional cost incurred by the City that is not already covered in the call back pay rates. The City will not seek additional reimbursement from AMR if they are unable to collect from 3rd party payors or patient’s fees to cover additional outside the call back pay rates. The City represents and warrants that any such reimbursement shall not exceed their actual costs in providing such services. 155 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 4 of 10 12. Indemnification. To the fullest extent permitted by law, AMR 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 and 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 AMR; (ii) any negligent, reckless, or intentional misconduct of any of the AMR’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party to which AMR provides service. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s).AMR’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against AMR to assert its right to defense or indemnification under this Agreement or under the AMR’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. AMR also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2- 702, MCA. 156 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 5 of 10 These obligations shall survive termination of this Agreement and the services performed hereunder. 13. Insurance. In addition to and independent from the requirements of Section 13, above, AMR shall obtain and maintain throughout the term of this Agreement, comprehensive automotive insurance and comprehensive general liability insurance with limits of $5 million per claimant per incident. Each Party will maintain workers' compensation insurance in the statutory required amounts. The City shall obtain auto, general, and professional liability coverage in the maximum amounts provided in MCA section 2-9-108. 14. Confidentiality. All information with respect to the operations and business of a party (including the rates charged hereunder) and any other information considered to be and treated as confidential by that party gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not be divulged to any unauthorized person without prior written consent of the other party, except for access required by law, regulation and third party reimbursement agreements. Notwithstanding the above, the terms of this Agreement and the amount and terms of any reimbursement by AMR to the City are public records except for portions of such records that may be withheld pursuant to law. 15. Referrals. It is not the intent of either party that any remuneration, benefit or privilege provided for under this Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement. Any payments specified herein are consistent with what the parties reasonably believe to be a fair market value for the services provided. 16. Relationship. In the performance of this Agreement, each party hereto shall be, as to the other, an independent contractor and neither party shall have the right or authority, express or implied, to bind or otherwise legally obligate the other. Nothing contained in this Agreement shall be construed to constitute either party assuming or undertaking control or direction of the operations, activities or medical care rendered by the other. AMR and City administrative staff shall meet on a regular basis to address issues of mutual concern related to the provision of Services and the parties' respective rights and obligations hereunder. 157 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 6 of 10 17. Force Majeure. Neither Party shall be responsible for any delay in or failure of performance resulting from acts of God, riot, war, civil unrest, natural disaster, labor dispute or other circumstances not reasonably within its control. 18. HlPAA. Each party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder ("HlPAA"), and with such other requirements of HIPAA that may become effective during the Term. The City shall reasonably assist AMR in complying with HIPAA, including assisting AMR in providing AMR's notice of privacy practices to Patients prior to non-emergency transports and as soon as reasonably possible after emergency transports, and obtaining an acknowledgment of delivery of such notices for non-emergency transports. Each party acknowledges and agrees that it is considered a covered entity under HIP AA. Accordingly, both parties are permitted to use and disclose Protected Health Information in accordance with HIPAA without an additional written authorization of the Patient as long as both parties have a direct relationship with the Patient. All Patient medical records shall be treated as confidential so as to comply with all state and federal laws. 19. Miscellaneous. a. Compliance with Laws. The Parties will comply in all material respects with all applicable federal and state laws and regulations including, the federal Anti- kickback statute. b. Compliance Program and Code of Conduct. AMR has made available to each party a copy of its Code of Conduct, Anti-kickback policies and other compliance policies, as may be changed from time-to-time, at AMR’s web site, located at: www.amr.net, and each party acknowledges receipt of such documents. AMR warrants that its personnel shall comply with AMR’s compliance policies, including training related to the Anti-kickback Statute. c. Non-Exclusion. Each party represents and certifies that neither it nor any practitioner who orders or provide services on its behalf hereunder has been convicted of any conduct that constitutes grounds for mandatory exclusion as identified in 42 U.S.C.§ 1320a-7(a). Each party further represents and certifies that it is not ineligible to participate in Federal health care programs or in any other state or federal government payment program. Each party agrees that if DHHS/OIG excludes it, or any of its practitioners or employees who order or provide services, from participation in Federal health care programs, the party must notify the other party within five (5) days of knowledge of such fact, and the other party may immediately terminate this Agreement, unless the excluded party is a practitioner 158 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 7 of 10 or employee who immediately discontinues ordering or providing services hereunder. 20. Notice. All notices required under this document shall be written and served by registered mail to the City at P.O. Box 1230, Bozeman, Montana 59771-1230 attention Fire Chief unless otherwise directed by the City and to AMR at 2101 Industrial Drive, Bozeman, Montana 59715, attention Operations Manager, unless otherwise directed by AMR. 21. Reports/Accountability/Public Information: AMR agrees to develop and/or provide documentation as requested by the City demonstrating AMR’s compliance with the requirements of this Agreement. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. Non-Waiver: A waiver by either party 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. 23. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 24. Taxes: AMR is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. 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. 159 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 8 of 10 26. Nondiscrimination: AMR agrees that all hiring by it of persons performing this Agreement shall be on the basis of merit and qualifications. AMR will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. AMR 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. AMR shall require these nondiscrimination terms of its subcontractors providing services under this agreement. 27. 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. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin County, Montana, and no other venue. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either 160 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 9 of 10 verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Extensions: This Agreement may, upon mutual agreement, be extended for one-year periods by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years after the Date of Execution. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 161 Agreement between AMR and the City of Bozeman for Backup EMS Services Page 10 of 10 IN WITNESS WHEREOF, the Parties have hereto executed this Agreement as of this _____ day of _____________________, 2022. American Medical Response Ambulance City of Bozeman: Service, Inc. _______________________________ ____________________________ Thomas Wagner, CEO, West Region Jeff Mihelich, City Manager Attest: ___________________________ Mike Maas, City Clerk 162 Memorandum REPORT TO:City Commission FROM:Gary Roberts, Code Compliance Program Manager Martin Matsen, Community Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Western Skies Landscapes, LLC to Provide Sidewalk Snow Removal Services MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager To Sign Professional Services Agreement With Western Skies Landscapes, LLC To Provide Sidewalk Snow Removal Services STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Bozeman Municipal Code states that every owner of land within the city fronting or abutting a paved sidewalk shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk. All snow and ice must be removed from sidewalks in all business districts within the city by 9:00 a.m. of the next business day, by 12:00 noon of the next non-business day, or within four business hours after any snow or ice deposit, whichever period is shorter. All snow and ice must be removed from all other sidewalks within the City within the first 24 hours after any snow or ice deposit. If the property owner does not complete the chore, the Bozeman Municipal Code allows the City to hire a contractor to complete the task, then charge the property owner to recoup the costs paid to the contractor. This agreement covers the scope of services, a standardized rate and the expectations of the contractor who provides this service. Finding an interested and reliable contractor to fill this role is a consistent challenge. This is due to the varying amount of work they can expect and the 163 variety of snow and ice they must remove. In some locations, the snow has never been removed. In other locations, snow has melted and then refrozen as solid ice. In others, the snow has been repeatedly packed down and is, therefore, much more difficult to remove. UNRESOLVED ISSUES:None ALTERNATIVES:As The Commission Directs FISCAL EFFECTS: Minimal. All costs paid pursuant to this agreement are invoiced back to the appropriate property owner by City Finance. Attachments: RFP Western Skies Landscapes.pdf Report compiled on: December 17, 2021 164 BOZEMANNTREQUEST FOR PROPOSALS (RFP)CODE COMPLIANCE SNOW REMOVAL SERVICESCITY OF BOZEMANCity of BozemanPO Box 1230Bozeman, MT 59771-1230October 2021C>^w^ t^l-w (^:p+o<z^ftV -li^^^-^-^'0?^165 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to providesnow and ice removal services on an "as-needed" basis for the City of Bozeman within 48 hoursof notification from the Code Compliance Section.Copies of the Request for Proposals are available on the City's website athttps://weblink,bozeman.net/WebLink/DocView.aspx?id=255127&dbid=0&repo=BOZEMANAll proposals must be in the format specified, enclosed in a sealed envelope and clearly identifiedwith RFP title, company name and due date, and transmitted via hard copy.Deliver RFPs to the City Clerk by Thursday, October 21, 2021 at 2:00 p.m. MST. It is thesole responsibility of the proposing party to ensure that proposals are received prior to theclosing time as late submittals will not be accepted and will be returned unopened.The physical address is:City Clerk's Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana.The mailing address is:City Clerk's Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771(USPS only, shipping companies should be sent to the physical address)NON-DISCRIMINATION AND EQUAL PAYThe City of Bozeman is an Equal Opportunity Employer.Discrimination in the performance of any agreement awarded under this RFP on the basis of race,color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexualorientation, gender identity or disability is prohibited. This prohibition shall apply to the hiringand treatment of the awarded entity's employees and to all subcontracts.As such, each entity submitting under this notice shall include a provision wherein the submittingentity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,creed, sex, age, marital status, national origin, or because of actual or perceived sexualorientation, gender identity or disability and which also recognizes the eventual contract willcontain a provision prohibiting discrimination as described above and that this prohibition ondiscrimination shall apply to the hiring and treatment of the submitting entity's employees andto all subcontracts.In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract underthis RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited theState of Montana Equal Pay for Equal Work "best practices"website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, orequivalent "best practices publication and has read the material.166 Any administrative questions regarding proposal procedures should be directed to: MikeMaas, City Clerk (406) 582-2320, agenda@bozemanjiet.Questions relating to the RFP should be directed to: Gary Roberts, Code ComplianceProgram Manager, (406) 582-2223, groberts@bozeman.net.DATED at Bozeman, Montana, this September 30, 2021.Mike MaasCity ClerkCity of BozemanFor publication on:Sunday, October 3rd, 2021Sunday, October 10th, 2021167 I. INTRODUCTIONThe City of Bozeman (Owner), is seeking proposals from firms to to provide snow and ice removalservices on an "as-needed" basis for the City of Bozeman within 48 hours of notification from theCode Compliance Section.The Owner intends to enter into a contract with the selected firm that will include removing snowand ice from sidewalks and other areas determined by the Compliance Officer.This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurredin preparation of any response to this request, or to procure or contract for any supplies, goodsor services. The Owner reserves the right to accept or reject all responses received as a result ofthis RFP if it is in the Owner's best interest to do so.This procurement is governed by the laws of the State of Montana and venue for all legalproceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to performservices under this RFP, all Submitters agree to be bound by the laws of the State of Montanaand of the Owner, including, but not limited to, applicable wage rates, payments, gross receiptstaxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.II. PROJECT BACKGROUND AND DESCRIPTIONIntroductionThe City of Bozeman is in need of a contractor to remove snow and ice from sidewalks within thecity limits when this task is not completed by the homeowner adjacent to the sidewalk.I. SCOPE OF SERVICESThe final scope of services may change and will be contained in a professional servicesagreement to be executed by the City and the selected Contractor.The Contractor is to perform snow and ice removal of sidewalks and any other areasdetermined by the Compliance Officer through various methods such as, but not limited to:chipping, ice melts, blowing, shoveling, plowing, etc.The City will prepare a list of properties that are in violation of Bozeman Municipal Codesections 34.06.010 through 34.06.050 and submit it to the Contractor. The City will take aphotograph of the property to document the condition of the property at the time cleanup isordered and to aid the Contractor in identification.The Contractor will take a photograph of the property immediately before and after theremoval of snow. Photographs should show identifying scene markers as to confirm168 address/property location. The property address, date and time of snow removal activitiesmust be recorded on the photographs. Photographs should be taken from approximately thesame location for easy reference at a later date. All photographs must accompany theContractor's billing invoice for payment of any snow removal work. The Contractor may besummoned to testify in court regarding photographs and work performed.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.Equipment shall be of a weight that will not damage the sidewalk or adjacent property.The contractor shall maintain his operation within the public right of way.Snow and ice must be completely removed from the sidewalks before payment will be made tothe contractor and shall not be moved into streets.If salt or other chemicals are used to loosen ice, only the minimum amount of salt or otherchemicals will be used to adequately perform this function and the contractor shall refrain fromdepositing any resulting salt/ice mixture onto private property, grassed, or landscaped area.Snow and ice removal shall commence within forty-eight (48) hours after notice by the City isgiven to the contractor. The Contractor may be required to work on any day of the week,including holidays.III. PROPOSAL REQUIREMENTSFirms interested in providing the services described above are requested to submit the followinginformation. Responses to each item should appear in the same order as in this RFP and shouldidentifythe item to which the responses applies.COMPANY INFORMATION AND EXECUTIVE SUMMARYPlease provide the following information:Vendor's full company or corporate nameThe company's office location responsible for performance under a contract with theCity of BozemanThe URL for the Vendor's website, if anyEach proposal should be accompanied by an executive summary not exceeding two pageswhich summarizes key points of the proposal and which is signed by an officer of the firm whois responsible for committing the firm's resources.Proposals must include the following:Description of Proposed Solution169 Please describe means by which you have the ability to perform this work.Affirmation of nondiscrimination (see Attachment 1)Non-completion of the Affirmation of non-discrimination is cause for disqualification of firms.ReferencesPlease provide name and contact information for at least three references for projectscompleted in the last two years.PricingPlease provide your quote on a per square foot basis.IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONSEVENTDATE/TIMEPublication dates of RFPSunday, October 3, 2021Sunday, October 10,2021Deadline for receipt of proposalsNo later than 2 PM, MST, October 21, 2020Evaluation of proposalsTBDInterviews (if necessary) and Selection ofconsultantsTBDWith the exception of the advertising dates and advertised due date, the City reserves the rightto modify the above timeline.V. AMENDMENTS TO SOLICITATIONAny interpretation or correction of this request will be published on the City's webpage. Thedeadline for questions related to this document is 2 PM MST on October 14, 2021.VI. CONTACT INFORMATIONAny administrative questions regarding proposal procedures should be directed to: MikeMaas, City Clerk, (406) 582-2320, agenda@bozeman.netQuestions relating to scope of services should be directed to: Gary Roberts, Code ComplianceProgram Manager, (406) 582-2223, grpberts@bozeman.net170 VII. RFP DELIVERY INSTRUCTIONSDeliver one (1) original, and one digital copy (via flash drive), prepared as follows:As the initial submittal to the Owners, PROPOSALS IN RESPONSE TO THIS RFP MUST BEDELIVERED NO LATER THAN 2 PM MOUNTAIN TIME, October 21, 2021 in a sealed boxor envelope with company name shown clearly on the outside, addressed to:Code Compliance Snow Removal ServicesBozeman City ClerkCity Hall121 North Rouse AvenueBozeman,MT 59715RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALLNOT BE CONSIDERED AND^SHALL BE REJECTED.VIII. SELECTION PROCEDUREA review committee will evaluate all responses to the RFP that meet the submittal requirementsand deadline. Submittals that do not meet the requirement or deadline will not be considered.The review committee will rank the proposals and may arrange interviews with the finalist(s) priorto selection. Selection may be made directly based on the written RFP submission.If interviews occur, the selection of finalists to be interviewed will be made by a selectioncommittee representing the City of Bozeman. The selection of interview candidates will be basedon an evaluation of the written responses to the RFPs.All submitted proposals must be complete and contain the information required as stated in the"Request for Proposals."IX. SELECTION CRITERIAProposals will be evaluated based on the following criteria:[5 points] Executive Summary• [45 points] Qualifications of the Firm for Scope of Services; Cost[30 points] Proposal Requirements[5 points] Related Experience with Similar Projects171 X. FORM OF AGREEMENTThe Contractor will be required to enter into a contract with the City to provide the services.The agreement will be provided to the selected Contractor.Xl. CITY RESERVATION OF RIGHTS / LIABILITY WAIVERAll proposals submitted in response to this RFP become the property of the City and publicrecords and, as such, may be subject to public review.A SUBMISSION IN RESPONSE TO THIS REQUEST FOR PROPOSALS CONFERS NO RIGHTS UPONANY RESPONDENTS AND SHALL NOT OBLIGATE THE Cin IN ANY MANNER WHATSOEVER. THECITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL PROPOSALS ATA LATER DATE.A. This RFP may be canceled or any or all responses may be rejected in whole or in part, asspecified herein, when it is in the best interests of the City. If the City cancels or revisesthis RFP, alt Respondents who submitted will be notified using email.B. The City reserves the right to accept or reject any and alt proposals; to add or deleteitems and/or quantities; to amend the RFP; to waive any minor irregularities,informalities, or failure to conform to the RFP; to extend the deadline for submittingproposals; to postpone award for up to 60 days; to award one or more contracts, byitem or task, or groups of items or tasks, if so provided in the RFP and if multiple awardsor phases are determined by the City to be in the public interest.C. The City of Bozeman reserves the right to reject the proposal of any person/firm whopreviously failed to perform properly to the satisfaction of the City of Bozeman, orcomplete on time agreements of similar nature, or to reject the proposal of anyperson/firm who is not in a position to perform such an agreement satisfactorily asdetermined by the City of Bozeman.D. The City of Bozeman reserves the right to determine the best qualified Contractor andnegotiate a final scope of service and cost, negotiate a contract with another Contractorif an agreement cannot be reached with the first selected Contractor, or reject allproposals.E. The professional services contract between the City of Bozeman and the successfulContractor will incorporate the Contractor's scope of service and work schedule as partof the agreement.F. This RFP does not commit the City to award a contract. The City assumes no liability orresponsibility for costs incurred by firms in responding to this request for proposals orrequest for interviews, additional data, or other information with respect to the172 selection process, prior to the issuance of an agreement, contract or purchase order.The Contractor, by submitting a response to this RFP, waives all right to protest orseek any legal remedies whatsoever regarding any aspect of this RFP.G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but notlimited to: selection procedures, submittal date, and submittal requirements. If the Citycancels or revises this RFP, all Contractors who submitted proposals will be notifiedusing email.H. Projects under any contract are subject to the availability of funds.XII. NONDISCRIMINATION AND EQUAL PAY POLICYThe City of Bozeman requires each entity submitting under this notice shall affirm, on aseparate form provided, that it will not discriminate on the basis of race, color, religion, creed,sex, age, marital status, national origin, or because of actual or perceived sexual orientation,sexual preference, gender identity, or disability in fulfillment of a contract entered into for theservices identified herein and that this prohibition on discrimination shall apply to the hiringand treatment of the submitting entity's employees and to all subcontracts it enters into inthe fulfillment of the services identified herein. Failure to comply with this requirement shallbe cause for the submittal to be deemed nonresponsive.The City also requires each entity submitting under this notice shall affirm it will abide by theEqual Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visitedthe State of Montana Equal Pay for Equal Work "best practices"website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/,or equivalent "best practices publication and has read the material.XIII. MISCELLANEOUSA. No Oral Agreements. No conversations or oral agreements with any officer, employee, oragent of the City shall affect or modify any term of this solicitation. Oral communicationsor any written/email communication between any person and City officer, employee oragent shall not be considered binding.B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequentagreement, or any other contract entered into as a result of this solicitation, shallconstitute, create, give rise to or otherwise be recognized as a partnership or formalbusiness organization of any kind between or among the respondent and the City.C. Employment Restriction and Indemnity. No person who is an owner, officer,employee, contractor, or consultant of a respondent shall be an officer or employee ofthe City. No rights of the City's retirement or personnel rules accrue to a respondent,its officers, employees, contractors, or consultants. Respondents shall have the173 responsibility of all salaries, wages, bonuses, retirement, withholdings, worker'scompensation and occupational disease compensation, insurance, unemploymentcompensation other benefits and taxes and premiums appurtenant thereto concerningits officers, employees, contractors, and consultants. Each Respondent shall save andhold the City harmless with respect to any and all claims for payment, compensation,salary, wages, bonuses, retirement, withholdings, worker's compensation andoccupational disease compensation, insurance, unemployment compensation otherbenefits and taxes and premiums in any way related to each respondent's officers,employees, contractors and consultants.D. Accessibility. Upon reasonable notice, the City will provide assistance for those personswith sensory impairments. For further information please contact the ADA CoordinatorMike Gray at 406-582-3232 or the City's TTY line at 406-582-2301.E. Procurement. When discrepancies occur between words and figures in this solicitation,the words shall govern. No responsibility shall attach to a City employee for thepremature opening of an RFP not properly addressed and identified in accordance withthese documents.F. Governing Law. This solicitation and any disputes arising hereunder or under any futureagreement shall be governed and construed and enforced in accordance with the lawsof the State of Montana, without reference to principles of choice or conflicts of laws.XIV. ATTACHMENTSThe following exhibits are incorporated in this RFP:Appendix A: Non-Discrimination AffirmationEND OF RFP174 Attachment ANONDISCRIMINATION AND EQUAL PAY AFFIRMATION(y\^^tCS Larsr^'Cc.tA( (name of entity submitting) hereby affirms it willnot discriminate on the basis of race, color, religion, creed, sex, age, marital status, nationalorigin, or because of actual or perceived sexual orientation, gender identity or disability andacknowledges and understands the eventual contract will contain a provision prohibitingdiscrimination as described above and this prohibition on discrimination shall apply to thehiring and treatments or proposer's employees and to all subcontracts.In addition, W^>k*'Y\ ^ L^^> L c.piA ci-. P53 _(name of entity submitting) herebyaffirms it will abide by the Equal Pay Act of 1'963 and Section 39-3-104, MCA (the MontanaEqual Pay Act), and has visited the State of Montana Equal Pay for Equal Work "bestpractices" website,https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent "best practices publication and has read the material.M^I^^Lr D^^uName and title of person authorized to sign on behalf of submitter175 Executive Summary for Snow Removal ServicesCompany:Physical Address:Mailing Address:Websites:Western Skies Landscapes2605 Blackwood RoadBozeman, MT 59718PO Box 3502Bozeman, MT 59772https://www.westernskiestandscapes.com/httDS://www.facebook.com/WesternSkiesLandscaDes/Description: We have four atv's operating for us this year with an additional two on standby.We also work closely with several other companies who are willing to pick up any slack for us,as needed. We have granular and liquid ice melt available as needed. If the situation arises, wehave two trucks and three skid steers available.References:Pricing:Signature:Dave Johnston, client, dave(a)jmDactdraftina.comSteven McAtee, client, stmcatee(a)amail.comJavan Druckenmiller, client, reDair(a)rentQallatinvaltev.comAdditional references can be provided upon request$0.50 / sq ft, city sidewalks, includes minimal ice melt, as needed///.MikeKeller ^fc.^^^g/OwnerWestern Skies Landscapes0-^^^^>^s^^^asc^^^- COM176 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Interim City Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 2 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City’s Wastewater Collection Facilities Plan Update (Plan) was last completed in 2015. The update evaluated existing infrastructure capacity, identified system deficiencies, determined future infrastructure needs, and ultimately provided a roadmap in the development of a comprehensive facilities plan that addresses both present and future system requirements. Advanced Engineering and Environmental Services (AE2S) was selected in 2020 to complete an update of the City’s wastewater collection model (Phase I) and wastewater collection facility plan (Phase II). Phase I of the project is essentially complete. This amendment is for the planned Phase II, which is anticipated to be completed in the summer of 2022. This work consists of a Risk Assessment for the Collection System, development of Capital Improvements for the Collection System, completion of the Facility Plan report, development of a tool to automate future wastewater allocations to the collection system model, and incorporation of Montana State University planning into the City’s future wastewater collection system needs. The attached Amendment No. 2 to the professional services agreement (PSA) with AE2S is to proceed with Phase 2. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. 177 FISCAL EFFECTS:The negotiated scope and fee for Amendment No. 2 totals $247,938. Sufficient funding is available for the project. Attachments: Amendment No. 2 to Professional Services Agreement ATTACHMENT A Wastewater Collection System Phase 2 SCOPE Bozeman WWCS FP Detailed Scope of Work - Attachment A Bozeman WWCS FP Ph 2 Scope and Fee Report compiled on: December 14, 2021 178 Engineer’s Project #: P05097-2018-006 Page 1 of 2 Amendment No. 2 to Professional Services Agreement for: Wastewater Collection System Model Update – Phase 2 THIS AGREEMENT is made as of this ________ day of ____________________, 20__ , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as CITY and Advanced Engineering and Environmental Services, LLC an Engineering Consulting Firm of Bozeman, Montana, herein referred to as Consultant. WHEREAS, the parties have entered into a Professional Services Agreement dated February 24, 2020, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Amend Section 1. Purpose: of the Original Agreement to add a new paragraph to read: City and Consultant agree to incorporate and Consultant agrees to perform additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 2”. Amend Section 4. Payment for Scope of Services: of the Original Agreement to add a new paragraph to read: City agrees to pay Consultant for the completion of the additional Scope of Services attached hereto as “Attachment A – Wastewater Collection System Model Update – Phase 2 – Amendment 2” a totals $247,938.00. The Consultant’s billing rates in $/hr for its employees are included with this Attachment A. Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ___________________________________ Jeff Mihelich City Manager ATTEST: ________________________________________ Mike Maas City Clerk 179 Engineer’s Project #: P05097-2018-006 Page 2 of 2 APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney CONSULTANT By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ Operations Manager 180 ATTACHMENT A – Wastewater Collection System Phase 2 – Facility Plan SCOPE OF SERVICES: Task 100: Project Management and Meetings  Project invoicing, budget management, schedule management  Progress reporting  City Commission presentation Task 200: Wastewater Collection System Risk Assessment  Review risk  Evaluate risks across the collection system using InfoAsset Planner (IAP) to help prioritize capital improvement projects (CIP) including recommended rehabilitation and replacement (R&R).  Build on the City’s risk assessment work done to date to the maximum extent possible.  Risk model will include the following data: o City GIS Asset Database o CMMS o CCTV o Hydraulic model results (WWF d/D) o Typical R&R costs. Develop unit cost assumptions for the major types of projects (pipeline replacement, pipe break repairs, pipe rehab). Include category for projects in heavily urbanized zones versus less-dense areas.  Develop risk assessment framework. Conduct workshop with City staff to present recommended likelihood of failure (LOF) and consequence of failure (COF) factors. City will provide review of LOF and COF factors prior to finalizing risk assessment framework.  Develop Decision Tree Project Prioritization Plan  Deliverables: Risk Assessment Technical Memorandum – including maps indicating risk range for each section of the collection system.  IAP Training Task 300: Capital Improvements Plan  Verify that the collection system projects listed in the City’s current CIP are still recommended and appropriately prioritized.  Develop a new list of recommended near-term (5 year) projects to address current and projected deficiencies. Near-term recommended improvements will be based on previous facility plan and Infill / TIF Densification hydraulic model scenario.  Develop complete list of recommended projects, including both near-term (5 year) and long-term (20 year, also referred to as “unscheduled”) projects. Projects shall have a description and be categorized by purpose/need (e.g., R&R, growth and development).  Develop total project costs for identified CIP projects.  Provide interactive web-based map deliverable for CIP projects 181 Task 400: Facility Plan Report  Executive summary with technical memoranda appendices. Summarize key assumptions, methods, and findings of the Wastewater Collection System Facility Plan Phase 1 and 2 in an executive summary.  Graphical Executive Summary shall be provided for the City to use to convey primary takeaways from the Facility Plan  Interactive Mapping Deliverable – an interactive web map will be developed using ArcGIS. Hard copy Facility Plan will have up to a dozen 11x17 maps. Remainder of visuals will be figures referencing the interactive web maps.  Deliverables: Wastewater Collection System Facility Plan Update Executive Summary and Compiled Technical Memoranda. Task 500: Allocation Tool Development  Develop tool to allow City Engineering staff to automatically update wastewater collection system model loading factors based on development applications received. o Tool will be a spreadsheet-based database. An InfoSWMM GIS Exchange routine will be incorporated into the model to allow users to update Node-loading based on the spreadsheet database. Task 600: Montana State University Facility Plan Integration  Coordinate with University Facilities Staff to review campus wastewater facility plan  Revise future scenarios to reflect MSU facility plan Table 1: Hourly Billing Rates for Personnel Utilized Personnel, Classification 2022 Hourly Labor Rate Scott Buecker, Engineer VI $243.00 Trevor Datwyler, Engineer IV $203.00 Donovan Voeller, Engineer III $177.00 Dan Lissick, GIS Specialist $139.00 Drew Stock, Engineer II $148.00 Maddie Thompson, Engineer II $148.00 Nicole Gaustad, Communication Specialist III $139.00 Table 2: Task Fee Breakdown (DRAFT FEE ESTIMATE) Task Consultants Fee Task 100 – Project Management $24,336 Task 200 – Risk Assessment $72,240 Task 300 – Capital Improvements Plan $46,676 Task 400 – Facility Plan Report $63,368 Task 500 – Allocation Automatic Tool Development $18,998 Task 600 – MSU Facility Plan Integration $22,320 Total $247,938 182 Exhibit A City of Bozeman Wastewater Collection System Phase 2 – Facility Plan Detailed Scope of Services Task 100 – Project Management and Meetings: Sub-Tasks • Task 101 – Project Management: AE2S will conduct general project management services including general coordination with OWNER, project invoicing, and managing project budget and schedule. • Task 102 – Progress Reports: Provide regular progress reports throughout the duration of the project. • Task 103 – City Commission Presentation: Deliver summary presentation to Bozeman City Commission. Assumptions • All deliverables will be provided in electronic format. Deliverable • Monthly progress reports Task 200 – Wastewater Collection System Risk Assessment Sub-Tasks • Task 201 – Risk Policy/Framework: Review risk policy/framework developed with the City through the City’s water distribution system master plan and modify/adapt to fit the wastewater collection system. • Task 202 – Risk Criteria: Based on the wastewater collection system information availability, recommend risk criteria (Likelihood and Consequence of Failure) and weighting factors to the City. Adjust criteria and factors based on feedback provided from the City. • Task 203 – Risk Model: Using InfoAsset Planner, develop a detailed risk model built one to one with the City’s GIS database. Risk model will at a minimum include input from the following data sources: o City GIS Asset Database o CMMS work order, break, overflow history o CCTV. o Hydraulic Model Results (flow depth/Diameter ratio, etc.) Results from the preliminary risk analysis will be provided to the City as a list of assets prioritized by total risk score and overall risk ranking. • Task 204 – Risk Review Workshop: AE2S will facilitate a workshop with the City to review the preliminary risk results. The risk model will be live during the meeting to allow for real time revisions and sensitivity scenarios. • Task 205 – Finalize Risk Assessment: With the input from the risk review workshop, AE2S will update and finalize the risk model. • Task 206 –Decision Tree: The risk assessment will provide an indicator of which assets need the City’s attention. The decision tree will help automate the process of determining what rehab/replacement actions should be taken based on the City’s risk tolerance and risk mitigation approach. After developing a preliminary decision tree, AE2S will facilitate a workshop with the City to review and adjust the decision tree. As in the previous workshop, the risk model will be live to be able to see the impacts of decision tree modifications in real time. 183 • Task 207 – Project Prioritization Plan: Using the results from the decision tree analysis, a project prioritization plan will be developed that delineates recommended rehabilitation or replacement activities into logical projects. Unit prices for major projects (pipeline replacement, pipe break repairs, pipe lining) will be subdivided to account for heavily urbanized zones versus less dense areas. In addition to logical spatial delineation of projects, budget input from the City will be used to divide projects into appropriately sized capital expenditures for a near term (5-year) planning period. • Task 208 – Technical Memorandum: A technical memorandum summarizing the risk assessment process and instructions for future updates by the City will be provided. • Task 209 – InfoAsset Planner Training: Two training sessions (4 hours each) will be provided on maintaining the City’s InfoAsset Planner risk model. Assumptions • Minimal refinement of the risk policy/framework will be required from the finalized water distribution system risk policy. • City will provide current GIS database which will not require significant data processing. • City will provide access to current CCTV database, and CCTV results will include NASSCO coded defects for the collection system pipes. • Manholes will be included in the risk model, but a risk assessment will not be conducted on the manholes at this time. Deliverables • Risk Policy/Framework • Graphic describing the impacts of deferred R&R under various level of service scenarios • Technical Memorandum • InfoAsset Planner Model and associated GIS data • Project Prioritization Plan with Costs Task 300 – Capital Improvements Plan Sub-Tasks • Task 301 – Verify that the collection system projects listed in the City’s current CIP are still recommended and appropriately prioritized. • Task 302 – Develop a new list of recommended near term (5 year) projects to address current and projected deficiencies. Near term recommended improvements will be based on outcomes of the Phase 1 and 2 Facility Planning work. Projects will have a description and be categorized by purpose/need (e.g., R&R, growth, and development). • Task 303 – Develop a new list of recommended long-term (5 to 20 year) projects to address current and projected deficiencies. Near term recommended improvements will be based on outcomes of the Phase 1 and 2 Facility Planning work. Projects will have a description and be categorized by purpose/need (e.g., R&R, growth and development). • Task 304 – Develop total project cost estimates for identified CIP projects. • Task 305 – Develop CIP technical memorandum summarizing project details, costs, and purpose/need. • Task 306 – Integrate the CIP plan into OptX, a web based interactive tool the City can use to track projects, quickly modify project timing, funding sources, inflation via 184 construction cost index, and assess revenue vs. project costs to evaluate budget adequacy. Assumptions • Project costs will be provided uniformly in today’s dollar. Deliverables • CIP Tech Memo with each CIP project described in a one-page excel table with a figure/snapshot showing the area of influence. • Secure access to OptX to view, modify, or download the capital improvements plan to excel files. Task 400 – Facility Plan Report Sub-Tasks • Task 401 – Executive Summary: Develop an executive summary of the Wastewater Collection System Facility Plan, phases 1 and 2. Summarize key assumptions, methods, and findings from both phases of the study. Technical memoranda from phases 1 and 2 will be included as appendices. Up to twelve 11x17 .pdf maps will be provided, with remaining visuals to be graphic figures. Reader will be referred on online story maps (Task 403) for additional detail where desired. • Task 402 – Graphical Executive Summary: Develop a concise graphical executive summary, incorporating findings and key takeaways from the Phase 1 and 2 facility planning work. Intended audience is City leadership and the public for future outreach use. • Task 403 – Interactive Facility Plan Web Map: Develop an interactive web map using ArcGIS online story map functionality. The story map will provide more detail than the executive summary in a format that allows the viewer to stay high level, or dive into more detail of the analysis as desired. Assumptions • Web map will be hosted on the City’s enterprise server, with full editing access. Deliverable • Executive Summary with Technical Memoranda in Appendices • Graphical Executive Summary • Secure access to interactive facility plan web map. Task 500 – Allocation Tool Development Sub-Tasks • Task 501 – Develop a tool to allow City Engineering staff to update wastewater collection system model loading factors based on development applications received. The tool will be a spreadsheet-based database. An InfoSWMM routine will be incorporated into the model to allow users to update node loading based on the spreadsheet database. Provide testing with City staff for proof of concept and City staff training purposes. Assumptions • None Deliverables • Allocation Tool (Development allocation based on spreadsheet and database updates) • Provide “Guidelines for Allocation Tool Use” in tech memo format • Provide recommended future flow monitoring MH locations in a Story Map 185 Task 600 – Montana State University Facility Plan Integration Sub-Tasks • Task 601 – Coordinate with University Facilities Staff to review campus wastewater facility plan. Revise future scenarios previously utilized in Phase 1, in both the model and the future scenarios technical memorandum, to reflect MSU facility planning. Assumptions • MSU will provide planning documents on-hand, and one meeting with MSU, City staff and engineering team. Deliverable • Updated model and report 186 Team Members Scott Buecker Trevor Datwyler Donovan Voeller Dan Lissick Drew Stock Maddie Thompson Nicole Gaustad Senior Project Manager Risk Assessment Lead Wastewater Modeling Engineer GIS Professional Project Engineer Project Engineer Marketing Lead Task #2021 Hourly Billing Rate $243 $203 $177 $139 $148 $148 $131100Project Management & Meetings $24,336 101 Project Management $12,760 40 8 8 56102Progress Communications $3,464 8 4 4 16103CC Meeting Preparation and Presentation $8,112 16 8 8 8 40Task 100 Total Hours 64 20 20 0 8 0 0 112 Task 100 Total Fee $15,552 $4,060 $3,540 $0 $1,184 $0 $0 $24,336 200 Risk Assessment $72,240 201 Risk Policy/Framework $3,408 4 12 16202Risk Criteria $4,964 4 8 16 28203Risk Model $19,604 4 40 16 56 116204Risk Review Workshop $3,780 4 8 8 20205Finalize Risk Assessment $2,968 4 4 8 16206Decision Tree $14,572 4 32 48 84207Project Prioritization Plan $9,928 8 16 32 56208Risk Technical Memorandum $9,396 4 24 24 52209InfoAsset Planner Training $3,620 12 8 20 Task 200 Total Hours 36 156 0 16 200 0 0 408 Task 200 Total Fee $8,748 $31,668 $0 $2,224 $29,600 $0 $0 $72,240 300 Capital Improvements Plan $46,676 301 Validate Current CIP Projects $9,944 4 4 16 36 60302Additional Recommended Projects $4,604 4 8 8 4 24303Develop near term (5 year) and unscheduled (20 year) projects $7,132 8 4 8 20 40304Project Costs $7,132 8 4 8 20 40305CIP Tech Memo $5,356 8 4 8 8 28 306 CIP integration with OptX $12,508 4 16 40 16 76 Task 300 Total Hours 36 40 48 0 40 104 0 268 Task 300 Total Fee $8,748 $8,120 $8,496 $0 $5,920 $15,392 $0 $46,676 400 Facility Plan Report $63,368 401 Executive Summary $30,488 12 16 60 56 40 184402Graphical Executive Summary $19,684 12 12 24 16 60 124403Interactive Facility Plan Web Map $13,196 4 8 8 32 32 84 Task 400 Total Hours 28 36 92 104 32 40 60 392 Task 400 Total Fee $6,804 $7,308 $16,284 $14,456 $4,736 $5,920 $7,860 $63,368 500 Allocation Automation Tool Development $18,998 501 Wastewater Load Factor Automation $18,998 2 4 100 106Task 500 Total Hours 2 4 100 0 0 0 0 106 Task 500 Total Fee $486 $812 $17,700 $0 $0 $0 $0 $18,998 600 Water System Risk Analysis $22,320 601 MSU Coordination and Model/Report Update $22,320 16 64 48 128 Task 6 Total Hours 16 0 64 0 0 48 0 128 Task 6 Total Fee $3,888 $0 $11,328 $0 $0 $7,104 $0 $22,320 Total Project Hours per Team Member 182 256 324 120 280 192 60 1414 Total Project Fees per Team Member 44,226$ 51,968$ 57,348$ 16,680$ 41,440$ 28,416$ 7,860$ Total Project Fee 247,938$ Total Labor 187 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5365 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Fire Station 2 Relocation MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution No. 5365 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Fire Station #2 Relocation STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND: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 Fire Station #2 relocation. 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 Fire Station #2 relocation, 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 ensure competitive prices are received by the City. 188 UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The Fire Station #2 relocation will be funded through bonds approved by public vote on November 2, 2021 Attachments: Commission Resolution 5365.docx Report compiled on: December 16, 2021 189 Resolution 5365, Authorize Use of Alternative Project Delivery Contract for GC/CM for Fire Station #2 Relocation RESOLUTION NO. 5365 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 FIRE STATION #2 RELOCATION WHEREAS, the City of Bozeman is proceeding with the Fire Station #2 relocation 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 Fire Station #2 relocation. Section 2 The City Commission determines: 190 Resolution 5365, Authorize Use of Alternative Project Delivery Contract for GC/CM for Fire Station #2 Relocation 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 Fire Station #2 relocation. 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. 191 Resolution 5365, Authorize Use of Alternative Project Delivery Contract for GC/CM for Fire Station #2 Relocation PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of January, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ______________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 192 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Community Development Director SUBJECT:Resolution 5367 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, Located on the West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application 21309 MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 21309 with contingencies and subject to all applicable code provisions. 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 2001, 2009, and 2020 Community Plans. This GPA request is in conjunction with an annexation and zoning application currently being reviewed by the City. The Bozeman City Commission considered and passed a Resolution of Intent, No. 5344, to initiate the review process for a GPA. Passage of the Resolution of Intent does not amend the growth policy. Rather, it will initiate the formal 193 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 Bozeman Planning Board held a public meeting on November 15, 2021 and forwarded a recommendation to the City Commission to modify the Future Land Use Map. The Bozeman City Commission held a public hearing on December 7, 2021 and unanimously approved the the growth policy amendment subject to contingencies. All contingencies have been met. Adoption of Resolution No. 5367 is the final step in the adoption process. The modification is effective immediately if the Commission adopts the Resolution. UNRESOLVED ISSUES:There are no known unresolved issues. ALTERNATIVES:1. Adopt the Resolution; 2. Deny the Resolution based on findings the previous approvals were made in error. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 21309 S 3rd Resolution of Adoption 5367.pdf 21309 S 3rd GPA Map.pdf Report compiled on: December 22, 2021 194 Version April 2020 Page 1 of 3 RESOLUTION 5367 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ADOPT AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE BOZEMAN COMMUNITY PLAN 2020 BY THE SOUTH 3RD AVENUE GROWTH POLICY AMENDMENT AMENDING THE FUTURE LAND USE MAP FROM PUBLIC INSTITUTIONS TO URBAN NEIGHBORHOOD, APPLICATION 21309. 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, on October 12, 2021, the Bozeman City Commission adopted Resolution No. 5344, a Resolution of Intent to modify the Future Land Use Map of the Bozeman Community Plan 2020 as requested by the applicant; and WHEREAS, in accordance with 76-1-602, MCA, on November 1, 2021 the Bozeman Planning Board conducted a public hearing to receive and review all written and oral testimony on the growth policy amendment application; and WHEREAS, following the public hearing, the Planning Board recommended amendment of the growth policy as requested by the applicant; and 195 Version April 2020 Page 2 of 3 WHEREAS, on December 5, 2021 the City Commission conducted a public hearing prior to taking any action to adopt or revise a growth policy; and WHEREAS, following the public hearing, the City Commission passed a motion to approve modification of the Future Land Use Map as requested by the applicant. 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, application 21309, the South 3rd Avenue application for amendment and revision to the Bozeman Community Plan Future Land Use Map, is hereby approved. The amendment changes the designation from Public Institutions to Urban Neighborhood on 1.02 acres more or less. The property consists of one parcel of land described as: Section 2 196 Version April 2020 Page 3 of 3 A public hearing was advertised and conducted on December 7, 2021 for the purpose of receiving public testimony on application 21309, the South 3rd Avenue Growth Policy Amendment to the Future Land Use Map of the Bozeman Community Plan 2020. Written and oral public comment was received and considered during Commission deliberations prior to the vote to approve. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 197 198 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Marty Matsen, Director of Community Development SUBJECT:Ordinance 2095 Final Adoption to Rezone 3.4 Acres from B-2, Community Business District to B-2M, Community Business District-Mixed, Application 21192, Property Located on the Southeast Corner of South 19th Avenue and West Babcock Street MEETING DATE:January 4, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2095 rezoning 3.4 acres from B-2, Community Business District to B-2M, Community Business District-Mixed, application 21192. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant submitted application 21192 to rezone seven existing lots from B-2, Community Business District to B-2M, Community Business District- Mixed. The subject properties host the Langor’s Flowerland building on the southeast corner of 19th and Babcock Street, a parking lot with an associated accessory building, and an undeveloped lot. A similar application was reviewed and approved one parcel to the east on Babcock Street. This previous application rezoned property from R-O (Residential Office) and B-2 (Community Commercial) to B-2M and gained approval to construct two mixed-use buildings hosting commercial shell space, parking, and storage on the ground floor and 94 residential units on the upper four floors. The Zoning Commission recommended approval of the application on August 23, 2021. On September 21, 2021 the City Commission held a public hearing and voted unanimously to apply B-2M zoning designation to the subject property, subject to contingencies. All contingencies have been met by the applicant, including a map, and legal description. 199 UNRESOLVED ISSUES:There are no known unresolved issues. ALTERNATIVES:Adoption of Ordinance 2095 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: West Babcock ZMA Ordinance 2095.pdf 21-192 ZMA Map 10-12-2021.pdf 21-192 Legal Description 05-05-2021.pdf Report compiled on: December 22, 2021 200 Ord 2095 Page 1 of 5 ORDINANCE 2095 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 3.4 ACRES FROM B-2, COMMUNITY BUSINESS DISTRICT TO B-2M, COMMUNITY BUSINESS DISTRICT-MIXED, KNOWN AS THE WEST BABCOCK PROPRERTIES ZONE MAP AMENDMENT, APPLICATION 21192. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone 3.4 acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed) has been properly submitted, reviewed, and advertised; and 201 Ordinance No. 2095, West Babcock Properties ZMA Page 2 of 5 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 23, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21192 the West Babcock Properties Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 21, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Commercial District-Mixed: An area of land comprised described as follows: A parcel of land, being Tracts A, B & C of Certificate of Survey No. 1193, Documents #2155019, #2480780 and #2526375, Film 45, Page 1315, and portions of South 19th Avenue right of way, said parcel being located in the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Beginning at the southeast corner of the tract described in said Document #2526375; thence North 89°54'09" West, on the south line of said tract, a distance of 191.09 feet; thence North 202 Ordinance No. 2095, West Babcock Properties ZMA Page 3 of 5 00°25'21" East, on the west line of said tract, a distance of 1.80 feet; thence North 89°50'48" West, on the south line of Certificate of Survey No. 1193, the south line of Parcels I and II of Document #2480780 and on the westerly extension of said south line, a distance of 461.64 feet; thence North 00°19'09" East, on the centerline of South 19th Avenue as shown on Certificate of Survey No. 2583, a distance of 225.87 feet; thence South 89°51'33" East, on the north line of the Northwest Quarter of the Southwest Quarter of said Section 12 and on the westerly extension of said line, a distance of 654.47 feet; thence South 00°45'36" West, on the east line of the tract described in Document #2526375, a distance of 227.64 feet to the Point of Beginning. The described parcel has an area of 3.40 acres, more or less. The described parcel is as shown on the accompanying exhibit and is along with and subject to any existing easements. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 203 Ordinance No. 2095, West Babcock Properties ZMA Page 4 of 5 Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 204 Ordinance No. 2095, West Babcock Properties ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of December, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2022. The effective date of this ordinance is _____________, ____, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 205 206 WEST BABCOCK PROPERTIES ZONE MAP AMENDMENT LEGAL DESCRIPTION A parcel of land, being Tracts A, B & C of Certificate of Survey No. 1193, Documents #2155019, #2480780 and #2526375, Film 45, Page 1315, and portions of South 19th Avenue right of way, said parcel being located in the Southeast Quarter of Section 11 and the Southwest Quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Beginning at the southeast corner of the tract described in said Document #2526375; thence North 89°54'09" West, on the south line of said tract, a distance of 191.09 feet; thence North 00°25'21" East, on the west line of said tract, a distance of 1.80 feet; thence North 89°50'48" West, on the south line of Certificate of Survey No. 1193, the south line of Parcels I and II of Document #2480780 and on the westerly extension of said south line, a distance of 461.64 feet; thence North 00°19'09" East, on the centerline of South 19th Avenue as shown on Certificate of Survey No. 2583, a distance of 225.87 feet; thence South 89°51'33" East, on the north line of the Northwest Quarter of the Southwest Quarter of said Section 12 and on the westerly extension of said line, a distance of 654.47 feet; thence South 00°45'36" West, on the east line of the tract described in Document #2526375, a distance of 227.64 feet to the Point of Beginning. The described parcel has an area of 3.40 acres, more or less. The described parcel is as shown on the accompanying exhibit and is along with and subject to any existing easements. 207