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HomeMy WebLinkAbout21- Grant Agreement - Southwest Montana Mountain Bike AssocaciationFY 2020-2021 Grant Agreement – SWMMBA Page 1 GRANT AGREEMENT SOUTHWEST MONTANA MOUNTAIN BIKE ASSOCIATION THIS AGREEMENT is made and entered into this 14th day of September, 2021 by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and The Dirt Concern doing business as DBA Southwest Montana Mountain Bike Association (“SWMMBA”), a nonprofit Montana corporation with a mailing address of PO Box 1855, Bozeman, MT 59771 as GRANTEE. SWMMBA and the City may also hereafter be referred to as “Parties”. WHEREAS, on October 17,2005 the Bozeman City Commission adopted Resolution No.3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Section 38.420.030.E., BMC establishes criteria for the use of cash-in-lieu of parkland (CILP); and WHEREAS, the Parks and Recreation Department has established requirements and procedures for submittal and review of CILP applications; and WHEREAS, GRANTEE participated in a proposal to the City Commission for a grant of up to $35,650 for maintenance, earthwork, and construction preparation as included in the 2020 Westlake Park Cash-in-lieu of Parkland Application; and WHEREAS, on December 8, 2020, the Commission approved the grant request via Resolution 5238; and WHEREAS, on Thursday, May 6 the Midtown Urban Renewal District awarded additional funds to the Parks and Recreation Department for an increased scope of work including up to $30,000 of additional improvements to be managed by SWMMBA. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to thirty-five thousand six hundred fifty dollars ($35,650) from its Park Land Trust Fund and up to thirty-thousand dollars ($30,000) from the Midtown Urban Renewal District Budget (the “Grant”), pursuant to the payment terms in Section 4. 2. Use of Funds. Grant funds in the amount of up to sixty-five thousand six hundred fifty dollars ($65,650) will be used by GRANTEE for the sole purpose of reimbursing Project expenses incurred such as stripping, screening and final grading of clay, removal of non- DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 2 suitable materials, or other miscellaneous task performed to prepare for construction, as described in the proposal submitted by GRANTEE to the City Commission and Midtown Urban Renewal District, attached hereto as Exhibit A and by this reference incorporated herein. 3. Term. The term of this Agreement will commence on the Effective Date and expire on December 31, 2022 unless earlier terminated or extended as provided herein. 4. Payment of Grant Funds a. Payment of Grant funds is contingent on GRANTEE’S compliance with the approved grant application as presented to the Commission. b. GRANTEE may request the Grant funds as reimbursement of City approved Project expenses paid by GRANTEE or City may pay certain elements of the Project expenses directly to chosen vendors. A request for Grant funds must be submitted in writing with proof of expenses paid and shall be previously approved. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. c. GRANTEE may not request the Grant funds as reimbursement for funds provided by another entity or fundraised through its own programs d. Any funds from the Grant not requested for the SWMMBA projects as described in Exhibit A will remain in the Project fund and will be available for other appropriation. e. The City will have no obligation to pay any Grant funds unless at the time of the reimbursement request (i) all of GRANTEE’s representations as set forth in Section 5 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay any Grant funds and the City’s determination to refrain from paying, or its inability to pay, any Grant funds shall not be or result in a default of this Agreement. 5. Grantee’s Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that they have the experience and ability to perform its obligations under this Agreement; that they will perform DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 3 said obligations in a professional, competent and timely manner and with diligence and skill; that they have the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agree to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’ compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 4 9. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Ian Jones, President, Southwest Montana Mountain Bike Association Board, or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project. Upon completion of the project, SWMMBA DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 5 shall enter into a user group agreement with the Recreation and Parks Department for ongoing maintenance and, as applicable, use of Westlake Park. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waive any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 6 and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Property Coverage – in an amount sufficient to provide replacement cost of buildings and other improvements and personal property installed or stored pursuant to the License The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agree that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 7 GRANTEE represent it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE’s Board of Directors that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for Board meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopt for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE’ documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a Party to this Agreement to retain an attorney to enforce any of the terms or conditions of this DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 8 Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the Parties for the Project and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each Party and their respective successors and assigns. It is not the Parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB FY 2020-2021 Grant Agreement – SWMMBA Page 9 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Jeff Mihelich, City Manager City of Bozeman _______________________ Date: __________ Ian Jones, President Southwest Montana Mountain Bike Association Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB 1/4/2022 1/4/2022 1/5/2022 Exhibit A Grant Request DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB 1 of 2 CASH-IN-LIEU of PARKLAND FUNDING APPLICATION Please complete all sections of the application. Attach additional pages as necessary. Contact Addi Jadin, Parks Planner and Development Manager, for assistance with supplemental requirements or any questions (ajadin@bozeman.net or 582-2908). Park Name(s): _______Westlake Park_____________________________________________________ Name of Project: ____2020 Westlake Park CILP Application________________________________________ Location of project within the park and nearest cross-streets: Improvements throughout park which is located at the southeast corner of N. 5th Avenue and E. Tamarack Streets_________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Applicant (Organization): Gallatin Valley BMX and SouthWest Montana Mountain Bike Association Primary Contact: Maggie Svaldi, President, GVBMX; Richard Hayes, SWMMBA Phone: 406-209-3380 (Maggie); 970-333-9761 (Richard) Email: maggiesvaldi@hotmail.com; richard@southwestmontanamba.org Mailing Address: NA Cash-in-lieu amount requested: $193,500 Match to be provided by applicant (if applicable): ___________________ cash __$86,030___in-kind Please provide a brief description of the project. Describe existing conditions in the park, proposed improvements, why they are needed, and a desired time frame for completion. _see Application and staff memo ________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (see submittal requirements on the next page) DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB 2 of 2 Submittal Requirements – Attachments 1) Site layout drawing (site plan) with dimensions of proposed improvements at 1” = 20’ feet or larger scale as well as existing features in the area of the park. See Amended Master Plan Documentation provided by Parks Division. 2) Copy of the current park master plan with location of proposed features indicated (contact the Parks Planner and Development Manager for existing master plan). See Amended Master Plan Documentation provided by Parks Division. 3) Describe the process utilized for obtaining public input and support for the project (HOA meetings, neighborhood survey, etc.) Prior Master Plan Process utilized neighborhood meetings and surveys; amendment is the result of user group meetings and neighborhood residents/volunteers 4) Details or manufacturer cut sheets of the proposed site improvements. TBD. Site Plan and details to be assembled by design firm. 5) Basic cost estimate for purchased items and installation costs. See detailed budget reports in application 6) If applicable, describe in detail how all in-kind contributions will be provided as applicable (matching volunteer labor, donated items, etc.). See detailed budget reports and narrative 7) Describe how the project relates to the goals and stated needs of the City’s Park, Recreation, Open Space, and Trails Plan. See staff memo. 8) Describe the development project source(s) of cash-in-lieu (contact the Parks Planner and Development Manager prior to application). See staff memo. DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB Westlake BMX Park Phase One Proposal Overview: Westlake BMX Park was created in 1973 as part of the Westlake’s Fourth Subdivision to the City of Bozeman. The 5.9-acre park is located on the southwest corner of North Fifth Avenue and West Tamarack Street and is within the Midtown Urban Renewal District. The District Plan adopted in November 2015 identified the park as an opportunity to further enhance public activity centers within the Midtown Area. There are multiple user groups engaged in activities in the park, with the largest being Gallatin Valley BMX (GVBMX). Additional user groups in the park include SouthWest Montana Mountain Bike Association (SWMMBA), a community garden site managed by the Recreation Division, and the Children’s Memorial Garden, originally installed by volunteers, and currently overseen by Compassionate Friends. Since May 1981, Gallatin Valley Bmx has been building and improving the BMX course, working alongside the city to maintain and enhance the park, and provided a program with substantial growth for families in the community. GVBMX maintains a BMX course that is sanctioned by the American Bicycle Association. The course is open to the public to enjoy during non-race times and is solely maintained by volunteer efforts. They have a user agreement with the Parks Department, which includes an annual fee paid to the City of Bozeman for use of the park. Gallatin Valley BMX is a nonprofit organization guided by a volunteer Board of Directors whose children actively participate in the local BMX program. All improvements and maintenance for the BMX course and park over the years have been sustained through volunteer efforts, fundraising, community support, and in-kind donations. Over the last 39 years Gallatin Valley BMX volunteers have put in thousands of hours each year to keep the track and park a clean, safe, and inviting place for families in the entire valley. The continual yearly growth to their bicycle program as well as their commitment to the community make GVBMX an indispensable asset to the park, community, culture, and the City of Bozeman as a whole. Over the years they have had the privilege to host events that draw participants from all over the North West Region which has greatly contributed to Bozeman’s economic growth. In addition to a successful bicycle program they also provide a reading program for school-age children across the valley and are working towards introducing a STEM program into schools as well. Southwest Montana Mountain Bike Association, formerly “The Dirt Concern,” represents mountain bikers in southwest Montana and has about 2000 members. The group has had an established presence in Westlake Park since the early 2000’s. Averaging around 400 volunteer hours a year, SWMMBA has logged over 1600 hours since SWMMBA took the lead on the project in 2016. With ever increasing popularity, Westlake BMX Park has made a mark on the community and surrounding areas by being the only city park that provides for freestyle and BMX biking. With two dedicated user groups (GVBMX, SWMMBA) Westlake park has become the best bicycle specific park in the state of Montana and has the potential to set a precedent for DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB other cities in Montana. Over the course of the past 5 years, SWMMBA has located and delivered around 1800 cubic yards of clay dirt to the site to improve and expand the dirt jump set. This has improved the rideability, progression and all-around quality of the dirt jumps and is no doubt the best public dirt jump set in the state. The adjacent road construction project on Aspen and 5th has allowed us to stockpile enough additional material to regrade the park and improve the future dirt jump build.With Covid-19, the demand for expanding the park has become even more apparent. Now, every day of dry weather sees a steady flow of bikers using the dirt jumps and spectators watching from the hill to the east. Expanding the start hill would help the park serve more people and also allow them to keep more distance. Because of the special features in Westlake Park, it is more of a destination and community center for those who are otherwise just out for a walk. Westlake BMX Park user groups are applying for a $198,870 Cash-in-lieu of Parkland Grant to help implement phase 1 of the park master plan. The conceptual master plan was adopted in 2017 and is being amended along with this application. Describe existing conditions in the park: Currently, the dirt jump course has been cut into with the implementation of the back-in angle parking along 5th ave. and will need to be repaired. The open green space on the south side of the park is in need of a new irrigation system to effectively water and promote growth. The bleachers in the park are falling apart and are in need of replacement. The announcers booth is dilapidated. The BMX course start gate technology is outdated and in need of constant maintenance and repair. The north side of the park has been neglected for many years and is in need of a complete reconstruction. There are multiple grade variances throughout the North side of the park and the lower lot space, (used for a “dump zone” over the years), becomes a mud pit during the rainy season. There is a small irrigation zone on the North East section of the park which is maintained by the city parks division. There is no known irrigation system or zones throughout the rest of the north side of the park. There are multiple piles of construction debris and miscellaneous items that have been dumped into the park over the years. Currently there is a large stockpile of material from the 5th Ave. construction project that will be used in part to carry out phase 1 projects. The Children's Memorial Garden is in the North East corner of the park and is in the process of being revamped and brought back to life. Proposed Improvements: Safety Gate​:​ The start gate technology to the BMX Course is outdated and in need of constant repair to remain functional. Pro-Start Safety gates are equipped with the newest safety technology and promote a quiet rolling barrel gate. This enhancement to the track will not only provide a safer option but also drastically reduce the noise pollution to the surrounding community. In order to install this new gate some structural changes will need to be made to the existing start hill on the track. This improvement will not only benefit the surrounding community by reducing the noise pollution in the area but will also benefit the Bozeman community as a whole by enhancing the safety standards on the track. Funding to be requested from Midtown URD DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB Bleachers:​ With the current growth of the BMX program in the park and projected growth for the next few years, additional seating and the availability to provide ample distancing in seating is needed. Aluminum frame bleachers with chain link guardrails and double floor boards will provide additional seating and meet safety standards. Concrete Work: ​Concrete bleacher pads will allow for a stable surface for the spectator bleachers and cut down on the ground maintenance. Concrete slabs for the staging area and to extend the existing sidewalk the full length of the fence as well. This surface work will provide for ease of bike traffic up to the start hill and cut down on the overall maintenance due to mud and erosion. Irrigation/Landscaping: ​The entire southside of the park is in need of a full irrigation/sprinkler system overhaul. The existing irrigation is non-functional and as a result of this the once beautiful grassy lawn has died. Cost reflected is to re-evaluate zones and install a new irrigation system for the south side of the park. Remaining funds will be used to seed the lawn and any landscaping efforts that may need to be done to return it to lush “green space” in the park. Shade Structures:​ There is a prevalent need for adequate shaded areas on the South Side of the park. Proposed amount will be used to provide shade structures for the BMX course start area and for the staging area. These two spaces are identified as high use areas and would greatly benefit from shade in the higher summer temperatures. Announcer Booth: ​The current structure has been a staple of Westlake BMX Park and the BMX program. Over the years through the generous help and support of our community volunteers we have maintained and repaired any damage to this structure. With climate, general wear and tear, and many years of use it is time to replace this structure. The proposed amount will cover permits required to build a new structure, materials, and any electrical work that will need to be completed. All labor for the new booth will be covered by GVBMX Volunteers. Soil Tac for the BMX Track: ​As the years pass we are actively seeking ways to improve the BMX Course for the bicycle community as a whole. This last year GVBMX purchased and applied this liquid adhesive to the surface of the track to try out the effectiveness and sustainability of this process and application. The initial track prep and application was carried out by all volunteer efforts from the BMX community and produced over 300 volunteer hours that weekend alone. The overall results for the season concluded that applying this adhesive to the surface allowed for less damage to the track surface (resulting in less maintenance), less environmental impact (minimizing storm water run off), quicker drying times when it does rain (allowing for more public accessibility to enjoy the track), and a consistent track surface throughout the season (improved riding surface for overall community use). Funding to be requested from Midtown URD DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB BMX Track Drainage:​ ​The current track drainage needs to be revamped and upgraded. These funds will allow for the repair of the current drainage system and upgrades/ re-constructing of areas as needed. Site Plan Application: ​This will be contracted through Sanderson Stewart by the city parks division and will include the following scope of work: ~Design site improvements anticipated to consist of revisions to the pump track, irrigation and some minor landscape improvements, along with civil documents to prepare a Site Plan Application package. ~Existing Conditions Plan- Topographic Survey Sheet ~Provide landscape design to consist of reseeding of construction disturbance, some small landscape improvements along the revised pump track and North 5th Ave., grading and an updated irrigation plan (moving existing lines/main/valves and heads) for Site Plan Submittal ~Provide Civil grading and StormWater Plans for Site Plan review and approval ~Prepare Site Plan Application Checklist and supporting documents ~Opinion of probable cost for Phase 1 Improvements Utilities on the North Side of the park:​ Removal of the existing power line, installation of a new electric line, and water line installation. Storm Drain for the North side of the Park: ​Proposed amount for an engineered storm drain. Dirt Equipment Rental: ​Machine and power screen rental to strip the existing dirt for the Dirt jump course. Irrigation/Landscape for the North side of the Park: ​Design and install irrigation zones and sprinklers to the entire North side of the park. Any additional funds will be used to seed and for any landscaping to cultivate open green space on the North side of the park. Trees:​ ​Proposed amount to add 20 total trees to the park including boulevard trees along the North and West perimeters of the park. Start Hill/ Stramp for the Dirt Jump Course:​ ​An engineered design for a new start hill possibly consisting of a combination of stairs and ramp features. The versatility of this feature will allow for a contemporary start hill for the jump course as well as provide additional opportunity for spectator seating. The specific details for this feature will be completed with the Site Plan process in collaboration with Sanderson Stewart. The proposed cost estimate may fluctuate depending on the materials and final design decided upon. $20K requested from CILP; additional to be requested from Midtown URD DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB Labor: ​An additional amount is proposed for the labor to strip the existing dirt jump clay and to Re Grade the surface area on the North Side of the park. This labor will be contracted out through the City Parks Division. DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB Gallatin Valley BMX Phase 1 Scope of work and Cost Estimates All estimates show material and specialized labor costs. All non-specialized labor will be covered by GVBMX In-Kind volunteer hours. Safety Gate and Surface Work- $60,000 ProStart Safety Gate and Installation- $30,000 Surface and Concrete work to fit the Safety Gate-$30,000 ~Tear out, dirt work, underground drainage, and electrical work. Concrete Work- staging area and bleacher pads-$14,000 30x21 slab 4”thick with 8”edge-$3,055.50 11x45 slab with 8”edge $2,400.75 8x10 6” thick-$640.00 5x44 sidewalk-$1,045.00 5x69 sidewalk-$1,638.75 Excavation, gravel, and misc.-$5,220 Irrigation/landscaping- $15,000 ~re-design and install irrigation zones for the South side of the park to accommodate the changes over the years and to provide working sprinklers to promote grass and green space. If allotted in the budget we will add in seeding the space as well. Shade Structures-$7,000 ​ ~Shade poles-2,½”x2,½”x120”- 6”x4” Base Plates with 1”holes-Penetrol Finish- $3,500 ~Montana Canvas Custom Shade Tarps- $3,500 ~21’x30’ shade cloth material with D-Ring along edges 2”vinyl band reinforcement around edges. ~individual triangles 20’x10’ band edges and reinforce D-Rings *installation and labor will be covered by GVBMX In-Kind volunteer hours. -Estimated labor hours 6hrs@65/hr= $390 Announcer Booth-$5,000 Materials, permits, and electrical *non-specialized labor and tear down of the existing structure will be covered by GVBMX In-Kind volunteer hours. -Estimated minimum labor hours 80hrs@ $65/hr=$5,200 Midtown Request Midtown Request DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB Soil Tac- Liquid Adhesive for the BMX Track-$6,400 Liquid Adhesive to protect the integrity of the surface of the track. Applying this layer to the surface cuts down on track maintenance and allows the course to be open and rideable throughout climate changes. Cost reflects materials to coat the course for a minimum of 2 years. * Application and labor will be covered by GVBMX In-Kind Volunteer hours. -Estimated labor for initial track prep 100 hrs @$65/hr = $6,500 -Estimated labor for application of the adhesive 8-10hrs @$65/hr=$520-$650 **Initial track prep will be an annual need and any additional application that may be needed due to extreme weather conditions will accrue additional in-kind hours. Total minimum projected in-kind= $7,150 + any additional application BMX Track Drainage-$9,000 Equipment mobilization, 60 yards of screened rock for slab prep, equipment time and labor for slap prep, repair area drains allowance, drain tile and fabric allowance, 20 yards of screened rock for drains. *Any additional non-specialized labor will be covered by GVBMX In-Kind volunteer hours. -Estimated minimum in-kind labor 30 hrs @$65/hr =$1,950 Bleachers-$10,000 Aluminum frame bleachers with chain link guard rail and double floor board. *Assistance unloading and any assembly required will be covered by GVBMX In-Kind Volunteer hours. -Estimated minimum labor hrs 2 hrs@ $65/hr= $130 Overall Phase 1 GVBMX Projects Total=$126,400 In-Kind minimum labor contribution:$47,320 -Known minimum project estimates= $14,820 -Supervision of projects, time put into developing bids, project plans, organizing volunteer efforts, meetings to coordinate with city parks, etc.- minimum of 500hrs including time spent and projected time throughout the duration of carrying out phase 1.= $32,500 CILP REQUEST: $59,400 DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB INTEGRATED TRAIL LABP.O. BOX 24BOZEMAN, MT 59771integratedtraillab@gmail.comintegratedtraillab.com To:The City of Bozeman Parks & Rec/ Addi Jadin PO Box 1230. Bozeman, MT 59771 (406) 582-2908 South West Montana Mountain Bike Association PO BOX 1855. Bozeman, MT 59771 (406) 219-4032 Phase 1 Infrastructure changes and improvements include but are not limited to the following materials and costs listed below. Phase 1 changes and improvements are mandatory to construction before starting Phase 2 improvements. Attached are material cost estimates and schematic drawing, of completed construction. All work shall be completed in a workmanlike manner, in accordance with standard industry practices and manufacturers’ instructions. Any deviation or alteration from the below specifications that involve extra costs will be completed only upon executing a written change order, and will require extra charges and time to complete, beyond this estimate. InfrasTrucTure changes/ImprovEmenTs AS LISTED BELOW PHASE 1 ITem DescrIpTIon unITs of measure esTImaTeD quanTITy unIT prIce lIne ToTal 1 Cap existing power Line $2500.00 2 Strip Existing Dirt Jump Clay/ Re Grade (Labor)HR 160 $65.00 $10,400.00 3 Machine Rental Month 1 $11,600.00 $11,600.00 4 Power Screen Rental Month 1 $9,000.00 $9,000.00 5 Start Hill Lump Sum 2 $20,000.00 6 Water Line Installation Ft 50’$50.00 $2,500.00 7 Electric Line Installation Ft 50’$50.00 $2,500.00 8 Irrigation Lump Sum 1 $15,000.00 $15,000.00 9 Engineered Storm Drain Lump Sum 1 $8,000.00 $20,000.00 10 Trees EA 20 $500.00 $10,000.00 ToTal $103,500 ESTIMATE Oct 13, 2020V. 3 Phase 1 20,000 DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB SCALE: NADRAWING BY: Richard Hayes DATE: 10/13/2020NOTES: Conceptual design shown. Final trail alignment, pump track sizes and locations will be determined on site and will engage the natural environment. TITLE: Dirt Jump Park Improvments Version 2 Phase 1 Westlake Bike Park 5TH & Tamarack St Bozeman, MT 59715 NEW STREET TREES ENGINERED STORM WATER DRAIN ON SITE STORM WATER STORAGE/ BIOSWALE WESTLAKE DIRT JUMP INFRASTRUCTURE IMPROVEMENTS: PHASE 1 INSTALL NEW WATER & ELECTRIC HOOKUP REMOVE EXISTING BURIED POWER LINES EXISTING DIRT JUMP FOOTPRINT PROPOSED DIRT JUMP FOOTPRINT STRAMP STARTHILL INFRASTRUCTURE EXAMPLES: STRAMP STARTHILL ENGINERED STORM WATER DRAIN STORM WATER STORAGE / BIOSWALE 45’ BMX OFFSET STRAMP STARTHILL DocuSign Envelope ID: 40B33172-51E7-48BF-A331-30F18052FAAB