HomeMy WebLinkAbout04-19-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Waters)
F.2 Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for
Construction of the 2022 Street Improvements Project(Gamradt)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, April 19, 2022
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F.3 Authorize City Manager to Sign a Notice of Award with Montana Lines, Inc. for the Aspen
Street String Lights and Contract Documents Once Received(Fine)
F.4 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with Michael C. Rubie for the Griffin Drive and Manley Road Street and
Stormwater Improvements Project(Lonsdale)
F.5 Authorize the City Manager to Sign a MS4 Permit Reapplication Form, Providing Continued
Compliance with State Stormwater Regulations(Oliver)
F.6 Authorize the City Manager to Sign a Professional Services Agreement with Pintler Billing
Services for Third Party Billing and Cost Recovery Services for Emergency Medical Services
(EMS) Transport(Waldo )
F.7 Authorize the City Manager to Sign a Professional Services Agreement with Route 1 for
Support Services of License Plate Reader Technology in the Parking Garage and on Parking
Enforcement Vehicles(Veselik)
F.8 Resolution 5396 to Vacate and Abandon a Portion of the Road Easement Entirely within
Railroad Right-of-way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin
County, Montana(Lonsdale)
F.9 Resolution 5397 Declaring the Royal 7 Motel Freestanding Sign at 310 North 7th Avenue,
Bozeman, MT as Historically or Culturally Significant(Garber)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Action Items
H.1 Resolution 5375 Abandoning and Vacating the Portion of Redwing Drive Located Entirely
Within the Railroad Right of Way(Lonsdale)
I.Work Session
I.1 U.S. Environmental Protection Agency (EPA) update on a Prospective Purchaser Agreement
with Scout DAC, LLC for Idaho Pole Company property located south of I-90.(Fine)
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).
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Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:City Commission approval is recommended for claims as presented.
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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
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.
Report compiled on: April 7, 2022
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Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Knife River -
Belgrade for Construction of the 2022 Street Improvements Project
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Knife River -
Belgrade for the Total Schedule 1 thru 4 Base Bid plus miscellaneous work in
the amount of $1,820,071.35
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
The project generally involves: pavement cold milling, hot mix overlays, seal
coating, concrete improvements and pavement markings and incidental
items.
The contract is to be completed within 60 calendar days of the issuance of
the notice to proceed.
Bids for the above-referenced project were opened on March 23rd with 2
bids being submitted. The low bid was submitted by Knife River - Belgrade in
the amount of $1,820,071.35 for the base bid. The Bid Tabulation for the
project is attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:This project will be paid for with approved funding from the FY23 Street
Maintenance fund and Gas Tax Allocation. The contract documents specify
that work may not begin until after July 1, 2022
Attachments:
AWARD.docx
BidWorksheet_8122334_Eval.pdf
Report compiled on: April 4, 2022
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NOTICE OF AWARD
Dated: __________________________
TO: Knife River - Belgrade
ADDRESS: P.O. Box 9, Belgrade, MT 59714
PROJECT: City of Bozeman 2021 Street Improvements
CONTRACT FOR: Schedules 1, 2, 3 & 4
You are notified that your Bid dated March 23
rd, 2022, for the above Contract has been considered. You are
the apparent Successful Bidder and have been awarded a Contract for pavement cold milling, hot mix
overlays, seal coating, Concrete Improvements, and pavement markings.
The Contract Price of your Contract is:one million eighthundred twentythousand seventy oneand 35/100
Dollars ($1,820,071.35).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by _______ .
1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)(CITY CLERK)
DATE: _______________________________
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2022 Street Maintenance Project (#8122334)
Owner: Bozeman MT, City of
Solicitor: Bozeman MT, City of
03/23/2022 02:00 PM MDT
Engineer Estimate Knife River ‐ Belgrade Treasure State, Inc.
Section Tit Line Item Item Code Item DescrUofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension
Schedule 1 ‐ Cold Milling & Hot Mix Overlay $734,180.60 $771,223.50 $881,270.00
101 101 "Cold milli Sq Yd 50085 $3.16 $158,268.60 $3.20 $160,272.00 $4.00 $200,340.00
102 102 Hot mix suTon 5717 $86.00 $491,662.00 $89.50 $511,671.50 $90.00 $514,530.00
103 103 Asphalt ap Ln Ft 60 $45.00 $2,700.00 $43.00 $2,580.00 $35.00 $2,100.00
104 104 Adjust valvEa 11 $350.00 $3,850.00 $300.00 $3,300.00 $500.00 $5,500.00
105 105 Adjust manEa 11 $700.00 $7,700.00 $400.00 $4,400.00 $800.00 $8,800.00
106 106 Traffic conLS 1 ######## $70,000.00 $89,000.00 $89,000.00 ######## $150,000.00
Schedule 2 ‐ Seal Coat $452,584.60 $704,317.60 $802,746.30
201 201 Cationic emGal 63058 $3.00 $189,174.00 $4.50 $283,761.00 $4.40 $277,455.20
202 202 "Seal coat Sq Yd 157646 $1.10 $173,410.60 $2.10 $331,056.60 $2.85 $449,291.10
203 203 Traffic conLS 1 ######## $90,000.00 $89,500.00 $89,500.00 ######## $76,000.00
Schedule 3 ‐ Sidewalk & Pedestrian Ramp Improvements $81,406.00 $88,457.75 $95,315.75
301 301 Concrete r Sq Ft 2431 $3.50 $8,508.50 $3.75 $9,116.25 $4.00 $9,724.00
302 302 Asphalt ReSq Ft 803 $3.50 $2,810.50 $5.50 $4,416.50 $3.00 $2,409.00
303 303 Combined Ln Ft 209 $46.00 $9,614.00 $46.00 $9,614.00 $35.00 $7,315.00
304 304 6" concret Sq Ft 1200 $10.00 $12,000.00 $11.50 $13,800.00 $9.50 $11,400.00
305 305 4" concret Sq Ft 775 $8.00 $6,200.00 $9.00 $6,975.00 $8.25 $6,393.75
306 306 Asphalt pa Sq Ft 803 $21.00 $16,863.00 $12.00 $9,636.00 $28.00 $22,484.00
307 307 DetectableSq Ft 65 $50.00 $3,250.00 $52.00 $3,380.00 $50.00 $3,250.00
308 308 Concrete VSq Ft 180 $12.00 $2,160.00 $14.00 $2,520.00 $13.00 $2,340.00
309 309 Traffic conLS 1 ######## $20,000.00 $29,000.00 $29,000.00 ######## $30,000.00
Schedule 4 ‐ Striping & Signage Improvements $159,649.50 $166,072.50 $169,113.00
401 401 Striping ‐ 4Gal 11 $280.00 $3,080.00 $275.00 $3,025.00 $300.00 $3,300.00
402 402 Striping ‐ 4Gal 21 $280.00 $5,880.00 $275.00 $5,775.00 $300.00 $6,300.00
403 403 Striping ‐ 2Gal 2.5 $975.00 $2,437.50 $735.00 $1,837.50 $800.00 $2,000.00
404 404 White Sha Ea 16 $575.00 $9,200.00 $475.00 $7,600.00 $500.00 $8,000.00
405 405 Striping ‐ 4Ln Ft 236 $7.50 $1,770.00 $7.50 $1,770.00 $8.00 $1,888.00
406 406 Striping ‐ 8Ln Ft 850 $20.00 $17,000.00 $18.50 $15,725.00 $20.00 $17,000.00
407 407 Striping ‐ 2Ln Ft 735 $56.00 $41,160.00 $52.00 $38,220.00 $55.00 $40,425.00
408 408 White sharEa 77 $186.00 $14,322.00 $185.00 $14,245.00 $200.00 $15,400.00
409 409 White turnEa 5 $900.00 $4,500.00 $925.00 $4,625.00 ######## $5,000.00
413 413 White "on Ea 9 $900.00 $8,100.00 $1,300.00 $11,700.00 ######## $12,600.00
414 414 White straEa 2 ######## $2,200.00 $1,025.00 $2,050.00 ######## $2,200.00
415 415 Traffic conLS 1 ######## $50,000.00 $59,500.00 $59,500.00 ######## $55,000.00
Miscellaneous Work Items $90,000.00 $90,000.00 $90,000.00
107 107 Schedule 1Ea 20000 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00
204 204 Schedule 2Ea 20000 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00
310 310 Schedule 3Ea 10000 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00
416 416 Schedule 4Ea 40000 $1.00 $40,000.00 $1.00 $40,000.00 $1.00 $40,000.00
Base Bid Total: $1,517,820.70 $1,820,071.35 $2,038,445.05
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
SUBJECT:Authorize City Manager to Sign a Notice of Award with Montana Lines, Inc.
for the Aspen Street String Lights and Contract Documents Once Received
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign a notice of award with Montana Lines, Inc.
for the Aspen String Lights
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The string lights on the Aspen Festival Street were found to be in breach of
the National Electrical Code (NEC) during an electrical inspection by the
Bozeman Building Division. At their low point, the lights hung at 16 feet,
while the code required a minimum of 18 feet. In addition, staff were
notified by the Community Development Department that the lights, as
installed, were in violation of the City "night skies" code. While the lights
selected are capable of being outfitted with compliant shields, the original
design did not call for installation of the shields.
After much deliberation about how to approach the issue, staff determined
that the string lights needed to be removed until a solution could be
implemented to raise the lights to a height that complies with the NEC and
City Code. In early December, the lights were removed and stored for future
installation.
The City's engineering consultants with Sanderson Stewart worked with the
contractor, Knife River, on designing and pricing fixes to allow the lights to
be reinstalled. Knife River's two proposed solutions were raising the light
bases or purchasing taller light poles. Sanderson Stewart received pricing
from Knife River showing that purchasing new light poles was the cheaper
option at a cost of $133,375. Lead time on procuring new poles is 20-22
weeks.
Sanderson Stewart contacted Montana Lines, Inc. to investigate more cost
effective options. Montana Lines returned with a proposal to have Lumec,
the original equipment manufacturer, custom fabricate a pole extensions
that would match the existing poles and maintain compatibility and
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structural integrity. In addition, the proposal included the installation of
shields on the string lights to make them night skies compliant. Montana
Lines' proposal was significantly cheaper at $79,999. In addition, lead times
on materials are only 10-12 weeks for this solution. Staff finds this solution
the most cost effective and is recommending approval of the Notice of
Award.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the suggestion of the City Commission.
FISCAL EFFECTS:$79,999 is currently available under existing appropriations authority for the
Midtown Urban Renewal District. Staff however, will likely be seeking a
budget amendment for the District related to this and other anticipated
expenditures.
Attachments:
AspenStringLights_Notice_of_Award.pdf
Report compiled on: April 5, 2022
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EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Aspen Street String Lights
Owner: City of Bozeman Owner's Contract No.:
Contract: To provide luminaire pole extensions and light shields for
Aspen Street String Lights from 5th Avenue to 7th Avenue.
Engineer's Project No.: 18098.06
Bidder: Montana Lines, Inc.
Bidder's Address: 2800 Upper River Road, Great Falls, MT 59405
You are notified that your Bid dated March 23, 2022 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is Seventy-nine thousand, nine hundred and ninety-nine and 00/100
Dollars ($79,999.00).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman Owner
By: Authorized Signature Title Copy to Engineer
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with Michael C. Rubie for the Griffin Drive and
Manley Road Street and Stormwater Improvements Project
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with Michael C. Rubie for the Griffin Drive and
Manley Road Street and Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project generally consists of construction of a new three-lane roadway on
Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter,
separated multi-use pathways on both sides, a traffic signal at Manley Road,
lighting and utility improvements. The project also includes construction of
approximately 200 feet of Manley Road from Griffin Drive to the south end
of the Manley Road reconstruction project, which was completed in 2020. In
order to construct these improvements it is necessary to acquire the right of
way described herein. The attached documents have been executed by the
property owners, and are necessary for the completion of the project. The
valuations used for these acquisitions were established through the work of
Sanderson Stewart.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The total cost is of these agreements is $7,215.00 with $3,500.00 for
Compensation for the Public Use Easement, $1000.00 for Temporary
Construction Permits, and $2,715.00 in closing costs. The funds for this are
part of SIF001 Right of Way Acquisition.
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Attachments:
20220419_Rubie_ROW agreements for city signatiure.pdf
Report compiled on: April 4, 2022
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April 12, 2022
City of Bozeman
c/o Taylor Lonsdale, PE
20 East Olive St.
Bozeman, MT 59715
Reference: Griffin Drive-R/W Acquisition — Closing for Parcels 28 & 30
Dear Taylor:
We’ve completed the agreement with the owners of Parcels 28 & 30 for the Griffin Drive
Improvement project. To be able to execute the agreement and close on the acquisition, the City
needs to sign the attached documents where indicated and prepare a wire transfer with the exact
amount specified by the title company. The wire transfer should be sent to Montana Title and
Escrow in the amount of $7,215.00. An itemized list of the final closing costs is included in the
attached final closing statements.
The attached documents need to be signed (notarized as applicable) by the City and returned to
Sanderson Stewart. The documents have been fully signed by the property owners where required.
The City is required to sign the Right-of-Way Agreement, Public Use Easements (2; notarized),
Temporary Construction Permits (2; notarized), Waiver Valuations (2), Escrow Instructions, Buyer’s
Instructions (2), and Closing Statements (4).
Once the City completes the signing of the attached documents, I will proceed with closing out the
agreement for these parcels. The easements and permits will be recorded, a check will be delivered
to the property owners along with a copy of the final documents, and the original documents will be
returned to the City. At that point, the agreement will be fully executed.
If you have any questions or would like to discuss these documents in more detail, please feel free to
contact me via email (tgaddo@sandersonstewart.com) or phone 406|922-4304.
Sincerely,
Tony Gaddo, PE, REALTOR®
Senior Engineer | REALOTR®
TG
Enc.
cc: Marcy Yeykal, City Public Works
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Page 1 of 2 - 4/12/2022
MLHC Buyer’s Escrow Instructions
Montana Title & Escrow, Inc.Date: April 12, 2022
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Phone: (406) 587-7702
Fax: (406) 587-2891
Escrow No.: M-32104
Escrow Officer: Candace Elser
Property Address:
210 East Griffin Drive, Bozeman, MT 59715
BUYER’S INSTRUCTIONS
Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of
Montana.
It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these
instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.
I/We hand you herewith:
Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.
Read and Approved Copy of Title Commitment
You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with
the proceeds of any easement mentioned, on account for the purchase price of the real property described in
your above numbered escrow and on account for the other costs, fees and adjustments in connection
therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of
$1,750.00.
Title to be as vested in the name of: City of Bozeman, a municipal corporation of the State of Montana
SUBJECT TO:
1. All printed exceptions and conditions in the policy.
2. All general and special taxes as shown in Item 6 below.
3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.
4. Bond and/or Special Assessments not delinquent.
5. Covenants, Conditions, Restrictions, Easements, Reservations now of record
6. Exceptions Numbered: 1-8 as shown on the Title Commitment dated March 24, 2022
The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report or
Title Commitment Order No. M-32104. Seller to acknowledge that the information contained in the Preliminary
Report is correct to the best of his/her knowledge.
The receipt by escrow of all documents and monies required to transfer title in accordance with these
instructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in the
Purchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or will
be satisfied outside of escrow.
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Page 2 of 2 - 4/12/2022
MLHC Buyer’s Escrow Instructions
These instructions are effective until revoked by any of the undersigned through written demand delivered to
Escrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and request
you to remit balance to me at the address shown below.
BUYER:
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
Mailing Address:
Phone:Email:
Received by Montana Title & Escrow, Inc.
By:____________________________________ Date:__________________ Time:___________
1-8
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Page 1 of 2 - 4/12/2022
MLHC Buyer’s Escrow Instructions
Montana Title & Escrow, Inc.Date: April 12, 2022
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Phone: (406) 587-7702
Fax: (406) 587-2891
Escrow No.: M-32105
Escrow Officer: Candace Elser
Property Address:
214 East Griffin Drive, Bozeman, MT 59715
BUYER’S INSTRUCTIONS
Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of
Montana.
It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these
instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.
I/We hand you herewith:
Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.
Read and Approved Copy of Title Commitment
You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with
the proceeds of any easement mentioned, on account for the purchase price of the real property described in
your above numbered escrow and on account for the other costs, fees and adjustments in connection
therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of
$2,750.00.
Title to be as vested in the name of: City of Bozeman, a municipal corporation of the State of Montana
SUBJECT TO:
1. All printed exceptions and conditions in the policy.
2. All general and special taxes as shown in Item 6 below.
3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.
4. Bond and/or Special Assessments not delinquent.
5. Covenants, Conditions, Restrictions, Easements, Reservations now of record
6. Exceptions Numbered: 1-11 as shown on the Title Commitment dated March 24, 2022
The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report or
Title Commitment Order No. M-32105. Seller to acknowledge that the information contained in the Preliminary
Report is correct to the best of his/her knowledge.
The receipt by escrow of all documents and monies required to transfer title in accordance with these
instructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in the
Purchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or will
be satisfied outside of escrow.
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Page 2 of 2 - 4/12/2022
MLHC Buyer’s Escrow Instructions
These instructions are effective until revoked by any of the undersigned through written demand delivered to
Escrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and request
you to remit balance to me at the address shown below.
BUYER:
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
Mailing Address:
Phone:Email:
Received by Montana Title & Escrow, Inc.
By:____________________________________ Date:__________________ Time:___________
1-11
44
BUYER(S) ESTIMATED CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: TRACT 39-A-1 OF CERTIFICATE OF SURVEY NO.
1211, SAID SURVEY BEING A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6
EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT HEREOF ON FILE AND OF RECORD
IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. SAID PUBLIC USE
EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northwest corner of the easement herein
described, being a point on the South right-of-way of West Griffin Drive, from which point the Northwest corner of Tract
39-A-1 bears N 89° 17' 48" W, 12.08 feet, said point of beginning; Thence, from said point of beginning, S 89° 17' 48" E,
74.00 feet along the South right-of-way of West Griffin Drive; Thence, S 00° 42' 12" W, 2.00 feet; Thence, N 89° 17' 48" W,
74.00 feet; Thence, N 00° 42' 12" E, 2.00 feet to the South right-of-way of West Griffin Drive and the point of beginning.
210 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
MICHAEL C. RUBIE
2101 Mullan Rd
c/o Doug Tallent
Missoula, MT 59808
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32104
$1,750.00
5/20/2022
4/12/2022 8:12:03 AM
Disbursement Date:5/20/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$1,750.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $1,750.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $3,107.50 $0.00
$3,107.50Balance Due FROM Buyer:
Issued Date: April 12, 2022
Lender's Basic (non-discounted) Rate:
I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any
adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated
by the undersigned.
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________ Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-32104
45
BUYER(S) FINAL CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: TRACT 39-A-1 OF CERTIFICATE OF SURVEY NO.
1211, SAID SURVEY BEING A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6
EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT HEREOF ON FILE AND OF RECORD
IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. SAID PUBLIC USE
EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northwest corner of the easement herein
described, being a point on the South right-of-way of West Griffin Drive, from which point the Northwest corner of Tract
39-A-1 bears N 89° 17' 48" W, 12.08 feet, said point of beginning; Thence, from said point of beginning, S 89° 17' 48" E,
74.00 feet along the South right-of-way of West Griffin Drive; Thence, S 00° 42' 12" W, 2.00 feet; Thence, N 89° 17' 48" W,
74.00 feet; Thence, N 00° 42' 12" E, 2.00 feet to the South right-of-way of West Griffin Drive and the point of beginning.
210 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
MICHAEL C. RUBIE
2101 Mullan Rd
c/o Doug Tallent
Missoula, MT 59808
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32104
$1,750.00
5/20/2022
4/12/2022 8:12:46 AM
Disbursement Date:5/20/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$1,750.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $1,750.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $3,107.50 $0.00
$3,107.50Balance Due FROM Buyer:
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________ Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________Candace Elser
1 of 1File Number:M-32104
46
BUYER(S) ESTIMATED CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT LOCATED ON THE FOLLOWING DESCRIBED LAND: TRACT 39B OF CERTIFICATE OF SURVEY
NO. 983, SAID SURVEY BEING TWO TRACTS OF LAND LOCATED IN THE NW1/4 OF SECTION 6, TOWNSHIP 2 SOUTH,
RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT
THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,
MONTANA. SAID PUBLIC USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northeast corner of
Tract 39B and the easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of
beginning; Thence, from said point of beginning, S 01° 37' 09" W, 5.00 feet along the East line of Tract 39B; Thence, N 89°
17' 48" W, 41.03 feet; Thence, N 75° 57' 18" W, 21.67 feet to the South right-of-way of West Griffin Drive; Thence, S 89° 17'
48" E, 62.19 feet along the South right-of-way of West Griffin Drive to the East line of Tract 39B and the point of beginning.
214 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
MICHAEL C. RUBIE
2010 Mullan Rd
c/o Doug Tallent
Missoula, MT 59808
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32105
$2,750.00
5/20/2022
4/12/2022 7:59:02 AM
Disbursement Date:5/20/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$2,750.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $2,750.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $4,107.50 $0.00
$4,107.50Balance Due FROM Buyer:
Issued Date: April 12, 2022
Lender's Basic (non-discounted) Rate:
I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any
adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated
by the undersigned.
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________ Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-32105
47
BUYER(S) FINAL CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT LOCATED ON THE FOLLOWING DESCRIBED LAND: TRACT 39B OF CERTIFICATE OF SURVEY
NO. 983, SAID SURVEY BEING TWO TRACTS OF LAND LOCATED IN THE NW1/4 OF SECTION 6, TOWNSHIP 2 SOUTH,
RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT
THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,
MONTANA. SAID PUBLIC USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northeast corner of
Tract 39B and the easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of
beginning; Thence, from said point of beginning, S 01° 37' 09" W, 5.00 feet along the East line of Tract 39B; Thence, N 89°
17' 48" W, 41.03 feet; Thence, N 75° 57' 18" W, 21.67 feet to the South right-of-way of West Griffin Drive; Thence, S 89° 17'
48" E, 62.19 feet along the South right-of-way of West Griffin Drive to the East line of Tract 39B and the point of beginning.
214 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
MICHAEL C. RUBIE
2010 Mullan Rd
c/o Doug Tallent
Missoula, MT 59808
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32105
$2,750.00
5/20/2022
4/12/2022 7:59:39 AM
Disbursement Date:5/20/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$2,750.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $2,750.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $4,107.50 $0.00
$4,107.50Balance Due FROM Buyer:
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________ Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________Candace Elser
1 of 1File Number:M-32105
48
Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Project Manager
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a MS4 Permit Reapplication Form,
Providing Continued Compliance with State Stormwater Regulations
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize City Manager to sign Municipal Separate Storm Sewer System
(MS4) Permit Form NOI-04 Notice of Intent Stormwater Discharges
Associated with MS4s MTR040000
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City of Bozeman's stormwater discharge is regulated under the Montana
Department of Environmental Quality's MS4 Permit. This requirement is
derived from the Clean Water Act. The MS4 general permit applies to cities
and entities in Montana above a certain threshold of population or land use,
as opposed to other stormwater discharges which may require a more
complicated individual permit. The previous MS4 Permit has expired and this
reapplication will maintain Bozeman's coverage and compliance with state
law.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:$7000 fee is associated with this renewal. Additional fees are required
annually.
Attachments:
2021_NOI_MTR040000.pdf
Report compiled on: April 7, 2022
49
Agency Use
Permit No.: MTR04
Date Rec’d
Amount Rec’d
Check No.
Rec’d By
FORM NOI-04
Notice of Intent (NOI) Storm Water Discharges Associated with MS4s MTR040000
The NOI-04 form must be completed by the owner or operator of a permitted Small Municipal Separate Storm Sewer System (MS4) eligible for coverage under the Montana Department of Environmental Quality’s (DEQ) General Permit for Storm Water Discharges Associated with Small MS4s. Please read the attached instructions before completing this form. You must print or type legibly; forms that are not legible, not complete, or unsigned will be returned. You must maintain a copy of the completed NOI-04 form for your records.
Section A – NOI-04 Status (If no prior NOI-04 was submitted, DEQ will assign a permit number)
Permit Number: M T R 0 4 __ __ __ __ New Resubmitted Renewal Modification
Section B – Applicant Information
Small MS4 Name
Contact Person, (name, title)
Mailing Address PO Box 1230
City, State, and Zip Code Bozeman, MT 59715 ___________________________________________________
Phone Number, Email Address 406-582-2916__________________________________________________________
Applying as a Co-permittee? Yes: _________________________________ No(If, yes provide Co-permittee MS4 name in the blank provided. Each co-permittee must submit a separate complete NOI.)
Section C – Small MS4 Information
MS4 Boundary Description _________________________________________________________________
Residential Population _________________________________________________________________
Approximate Square Miles _________________________________________________________________
Link to storm water website and current version of the Storm Water Management Program (SWMP) describing implemented Best Management Practices (BMPs) _________________________________________________________________ (New applicants may skip this requirement if a SWMP or website has not been established)
Attach an organizational chart identifying the primary SWMP coordinator and positions responsible for implementing requirements of the permit. Attached Not Attached
MAP: Include reference to a topographic map extending at least one mile beyond MS4 boundaries that identifies applicable boundaries, drainage patterns, receiving surface water bodies, and all outfalls or point source discharges.
Electronic GIS Hard copy PDFs Link to Shapefiles emailed to: attached herein online maps: _____________________________________________ DEQMPDESDataManagement@mt.gov
Water Protection Bureau
Montana Pollutant Discharge Elimination System
Adam Oliver
City of Bozeman
50
Section D – Outfall Descriptions and Locations for Monitoring
Identify current monitoring locations and receiving waters: (If applying as a new MS4 without established monitoring, skip this section)
Outfall Name Latitude Longitude Monitoring Purpose
(select all that apply) Name of Receiving Water
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Storm Event
TMDL-Related
Section E – Additional Information
Is the MS4 sharing responsibility? If yes, attach written acceptance and explanation of shared obligation(s). Yes No
Does the MS4 maintain a list of permits/approvals received or applied for from state or federal agencies? Yes No
I certify that all point source discharges of storm water have been tested or evaluated for the presence of non-storm water discharges that are not covered by an MPDES permit. (Attach a description of any analytical testing or sampling based on the NOI-04 instructions.)
Section F – Certification
All Applicants Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA].
Name (Type or Print)
Title (Type or Print) Phone Number
Signature Date Signed
51
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:
Authorize the City Manager to Sign a Professional Services Agreement with
Pintler Billing Services for Third Party Billing and Cost Recovery Services for
Emergency Medical Services (EMS) Transport
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to Sign a Professional Services Agreement with
Pintler Billing Services for third party billing and cost recovery services for
Emergency Medical Services (EMS) transport
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
The fire department provides backup Emergency Medical Services (EMS)
transport service under a contractual agreement with American Medical
Response (AMR). When a situation arises that AMR has no available
ambulances to provide emergent EMS transport services, a fire department
ambulance is dispatched to the event to prevent delays in transport. Today
the fire department does not bill for these EMS transport and thus has no
way to recover cost associated with providing these services. This
professional services agreement would allow for the fire department to use
a third party service for cost recovery via billing for these transports,
including billing of private insurance, Medicare, and Medicaid. This practice
is similar to what would occur if the EMS transport were provided by AMR or
another outside agency.
This is the first step in the process of setting up a cost recovery / billing
process. The fire department will work to bring a billing rate schedule to the
City Commission for approval at a later date, prior to implementation of
these services.
UNRESOLVED ISSUES:None at this time
52
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:This is the first step in a process to establish cost recovery for EMS transport
services via a third party billing service. This will generate revenue for cost
recovery of EMS transport by the fire department but the exact amount is
unknown at this time.
Attachments:
BFD-Pintler Scope of Services Ex. A.pdf
Bozeman Fire Department-Pintler Billing Contract.pdf
Report compiled on: April 4, 2022
53
-1-
Ex. A: Scope of Services Agreement
EXHIBIT A: SCOPE OF SERVICE AGREEMENT
CLIENT CONTACT: CONTRACTOR CONTACT:
City of Bozeman
121 N. Rouse Ave.
Bozeman, Montana 59715
Pintler Billing Services, LLC
P.O. Box 2458
Eureka, Montana 59917
Primary Contact: Josh Waldo
406-582-2351
jwaldo@bozeman.net
Primary Contact: Leslie Graves
406-297-1627
leslie@pintlerbillingservices.com
Term:
_____________, 2022 to ____________, 2022
Project Overview:
The City of Bozeman operates transporting ambulances on a backup basis within the city
limits of Bozeman when the primary transporting service is unavailable. The City of
Bozeman is looking for a third party vendor to provide ambulance and response billing,
collection, financial reporting and analytical services.
Service Details:
1. Claims Processing and Follow-up. Contractor will process Client’s trip reports and submit
insurance claims, electronically or on paper (as required by payer), to insurance carriers as
soon as possible upon receipt of billing information but never more than five (5) days after
billing information is received by Contractor from Client, provided the billing information is
complete upon receipt as detailed above and is received from Client on a regular schedule of
at least weekly. Contractor will bill patients monthly for co-payments or private payments
due to Client. Contractor will track claims submitted and any delinquent claims will be
pursued by Contractor. Contractor will generate aging reports monthly and will investigate
past due claims and patient account issues. Payment plans for patients, if established by
Client policy, will be tracked by Contractor and delinquent patient accounts will be
presented in report form to Client for consideration of referral to an outside agency for
collection action. At the direction of Client, Contractor will negotiate payment plans with
patients and/or supply patients with a financial hardship waiver request form. Past due
54
-2-
Ex. A: Scope of Services Agreement
accounts will be sent by Contractor to Centron Services, a Montana collections agency (or
agency selected by Client), at the direction of Client.
2. Monthly Reports. Contractor will generate monthly reports detailing activity related to
claims and patient billing, including: aging, total revenue, total charges, patients receiving
statements, and any other matters agreed upon between Client and Contractor.
3. Patient and Client Staff Questions. Contractor will provide a telephone number for
questions and inquiries from patients and staff of Client. All questions from patients and
staff of Client will be answered by Contractor immediately when possible, but never longer
than one business day after receipt. If a transition from a prior Contractor is involved,
Contractor will provide unlimited assistance via email or phone to Client crew and managers
regarding completion of transition from previous Contractor, specific trip report
documentation and completion questions, and general questions regarding any aspect of
Contractor services for Client. One live (on-site or virtual) documentation training per year
for Client’s crews and other designated staff is included at no additional charge.
4. Patient Benefits, Prior Authorization and Referrals. Contractor will perform verification
of patient benefits for Client upon receipt of complete patient insurance and demographic
information. Client will be responsible for prior authorizations and/or referral procurement
where required prior to transport, although Contractor shall inform and educate Client of
requirements for authorizations and referrals whenever possible. Contractor is not
responsible for denied claims, including but not limited to any denials due to policy
exclusions, benefit limits, or insurance company decisions.
5. Refund Requests and Refunds. Contractor will investigate and, as necessary, dispute any
refund requests by insurance companies made to Client. In the event that a refund is due,
Client agrees to pay the refund amount to the insurance company, patient, or other party to
whom the refund is due within the time frame required by law. If there is a refund paid by
Client, Contractor will then refund to Client the amount corresponding to the percentage
billed by Contractor of the amount collected by Client that it subsequently refunded.
6. Processing and Reporting of Claim Payments. Contractor will provide a PO Box as a
payment address for remittance of physical payments. Contractor will collect mail from the
PO Box daily and payments received for Client will be deposited in Client’s account
biweekly. Client will provide deposit slips and a deposit stamp to Contractor, and Contractor
will deposit payments physically or via US Mail depending on bank location of Client. A
detailed report of all deposit items will be sent via secure web portal by Contractor to the
Client office for reference and archival purposes. At the request of Client, a separate
notification will be sent by Contractor to any County Treasurer’s office, bookkeeper’s
office, or other individual or entity designated by Client.
55
-3-
Ex. A: Scope of Services Agreement
7. Assistance in Updating Enrollment Information and Address Changes. Contractor will
provide assistance to Client in updating enrollment information pertaining to Contractor with
Medicare, Medicaid, BlueCross BlueShield, and other major insurance carriers. Contractor
will also notify payers of address changes as necessary. Contractor will also provide
assistance with enrollment in EFT (and associated ERA) processes with payers as available.
8. Back-up Procedures. Contractor will maintain electronic copies of all software, billing
programs, and billing records offsite in a HIPAA-compliant manner. Contractor will contract
with a third-party storage company or companies to use state-of-the-art systems for data
preservation and, if necessary, restoration of systems.
Payment:
The City agrees to pay Contractor for services, at a rate of 8% of the amount received by
The City from all revenue it receives as a result of Contractor efforts. Contractor will
provide The City with a monthly statement and monthly reports detailing all transactions
that occurred during the previous month. Contractor will invoice The City at the beginning
of each month for claim payments received during the previous month. Payment will be due
within ten (10) days of The City’s receipt of the invoice
Additional Services: N/A
The scope of services set forth above are a binding agreement between the City of Bozeman and
Pintler Billing Services, LLC. This Scope of Service Agreement is incorporated into the Parties’
Professional Services Agreement. By signing below, each Party agrees to comply with the terms
and conditions set forth in this Scope of Service Agreement.
City of Bozeman Pintler Billing Services
Signature: __________________________ Signature: _________________________
Printed: __________________________ Printed: _________________________
Title: __________________________ Title: _________________________
Date: __________________________ Date: _________________________
56
Professional Services Agreement for EMS Billing Services
Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, PINTLER BILLING SERVICES, LLC, with an
address of P.O. Box 2458, Eureka, Montana, 59917, hereinafter referred to as “Contractor.” The City
and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made a
part hereof.
2. Term/Effective Date: This Agreement is valid for one year and will automatically
renew annually, unless either party requests a change in writing as detailed in paragraph 4(f) of this
Agreement. This Agreement is effective upon the Effective Date.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment:
a. General Charges and Payments. The City agrees to pay Contractor for services, as
set forth in the Scope of Services which is attached as Exhibit A.
b. Clearinghouse Subscription and Patient Statement Costs. The City will also be
responsible for the cost of the clearinghouse subscription and sending patient statements.
These charges may not exceed $33/month and $1.50 per patient statement per month
respectively.
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c. Start-up Fee. The City will be responsible for a one-time start-up fee of five hundred
dollars ($500.00) payable with payment of first invoice.
d. Monthly Statements of Transactions, Costs and Charges. Contractor will describe
the aforementioned costs, and any selected optional clients and their costs in a detailed
monthly statement identifying each transaction to allow for exact reconciliation. Costs may
not exceed reasonable and necessary costs for processing claims and procuring payment for
Client.
e. Suspension of Billing for Non-payment of Fees. The City agrees to pay Contractor
within ten (10) working days from date of invoice. Contractor reserves the right to suspend
billing for consistent non-payment or untimely payment by the City.
f. Changes to the Agreement. Contractor and the City shall retain the right to review
and possibly negotiate different terms of this Agreement as circumstances dictate. Any
changes to the rate of payment in paragraph 4a will be memorialized in an addendum to this
Agreement. The Parties reserve the right to re-negotiate the rate of payment prior to the
annual renewal of the contract.
5. City’s Representations:
a. The City will provide Contractor with all information and documents needed
by Contractor to make billing decisions and bill claims for the City. The City shall do this by
US mail, secure web portal, electronic PCR software, fax, or in person at least weekly unless
other arrangements have been made and both parties have agreed upon a change in delivery
arrangements. The City shall provide Contractor with true and accurate billing information,
including, but not limited to: patient demographic information, completed signature forms as
required by law, complete documentation of services provided, changes in crew members or
their licensure, payments and insurance remittance received, referral or authorization numbers
and/or documents, and/or other necessary medical documentation.
b. The City also agrees to provide Contractor with any new/updated information
within one week of receipt of such information. The City warrants that all information
provided to Contractor for billing purposes will be true and accurate to the best of its
knowledge. The City will keep original documents and provide Contractor with clear copies
in either paper or electronic form. All documents provided to Contractor will become the sole
property of Contractor except, upon termination of this Agreement, any protected health
information provided to Contractor by The City or created by Contractor on behalf of The
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City shall be handled as provided in the Business Associate Agreement between the parties.
c. The City agrees that the sole responsibility for maintenance of the relationship with
its ePCR vendor, including subscription, passwords, and administration, belongs to The City.
Assignment to Contractor by The City within electronic PCR software shall constitute
delivery of information to Contractor. The City agrees to provide access to its ePCRs through
the electronic PCR software to Billing Company, and agrees that a lapse in the access or
subscription to the electronic PCR software shall void Contractor duties to retrieve billing
information. The City remains the custodian of the PCR and medical records, though
Contractor shall retain a copy for billing documentation and support. All requests by third
parties for medical records shall be directed to The City for fulfillment, with the exception
of records requests for purposes of treatment or payment by receiving hospitals and
responsible payers, including insurance companies, which may be handled by Contractor.
Routine records requests required to facilitate payment will be handled by Contractor.
6. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
c. Contractor represents that it can integrate into the City’s electronic PCR software in
order to satisfy all of the duties and terms listed in this Agreement and the Scope of Services.
7. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
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Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes. There is no liability on the part of Contractor to any entity for any debts,
liabilities or obligations incurred by or on behalf of the City.
8. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
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For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
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The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
9. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
11. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
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damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
12. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Josh Waldo or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Leslie Graves or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
13. Permits: Contractor shall provide all notices, comply with all applicable laws,
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ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
14. Laws and Regulations:
a. Contractor shall comply fully with all applicable state and federal laws, regulations,
and municipal ordinances including, but not limited to, all workers’ compensation laws, all
environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana
Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical
codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and
utilization of minority and small business statutes and regulations.
b. The Parties intend to comply fully with all applicable state and Federal laws and
regulations, including but not limited to the Balanced Budget Act of 1997, the Social Security Act,
the federal Anti-Kickback Statute, the federal False Claims Act, the Health Insurance Portability and
Accountability Act and all applicable state and federal fraud and abuse laws and rules. Contractor and
the City will each be responsible for monitoring and ensuring its own compliance with all applicable
state and Federal laws and regulations governing their respective activities pertinent to this
Agreement. The City accepts responsibility for knowledge of applicable regulations and laws, and
further warrants that patient care provided and activities performed by the City are compliant with all
applicable Federal and state laws and regulations. Contractor accepts only responsibility for
knowledge of regulations and applicable laws as they apply to Contractor activities, and assures the
City that Contractor will maintain the highest level of compliance possible through continued training
and education of its staff, and certification of at least one staff member as a Certified Ambulance
Compliance Officer (CACO) through the National Academy of Ambulance Compliance (NAAC).
Insofar as any terms or conditions of this Agreement are determined by any court or by the OIG to be
contrary to any such statutes or regulations, the parties will promptly and in good faith confer and
resolve any issues so as to make the performance of this Agreement consistent with all applicable
statutes and regulations.
c. If either Party becomes aware of any actual or potential violation by the other Party,
whether intentional or inadvertent, of any applicable state or Federal statute or regulation, it shall
promptly notify the other Party.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
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applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Confidentiality: Neither Contractor nor the City shall, during the term of this
Agreement or any extension hereof, for any reason, disclose to any third party any proprietary
information regarding the other party unless required to do so by law, regulation or subpoena. For
purposes of this Agreement, “proprietary information” shall include, but not be limited to audit
requests, audit results, billing processes, and subscriber lists.
20. HIPAA Business Associate Agreement: The Business Associate Agreement
between the City and Contractor applicable to the parties under this Agreement is attached hereto as
Attachment A. This Agreement is the Underlying Agreement referred to therein.
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.
22. 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.
23. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
24. 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
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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.
25. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
26. 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.
27. Severability: In the event that any one or more of the provisions contained in this
Agreement shall, for any reason, held by any court or by the Office of Inspector General of the United
States Department of Health and Human Clients to be invalid, illegal, void, or unenforceable in any
respect, such invalidity, illegality, voidability, or unenforceability shall not affect any other provisions
and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained in it.
28. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
30. 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. There is no intent by either Party to create or establish a third-party
beneficiary or status or rights in any patient, subscriber or other person or entity.
31. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
32. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
33. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Parking Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Route 1 for Support Services of License Plate Reader Technology in the
Parking Garage and on Parking Enforcement Vehicles
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve
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:Route 1 is the software support provider for our license plate reader
technology used to enforce parking regulations. When we first contracted
with them in 2017, Route 1 was a subcontractor to our enforcement
software provider, T2, at the time. In January, we transitioned away from T2
and our contract with them expires at the end of April. This new contract will
allow us to continue services with Route 1 to support our parking operation.
As we continue to expand and improve our parking operation, a direct
relationship with our LPR provider will be critical.
UNRESOLVED ISSUES:No Unresolved Issues
ALTERNATIVES:As proposed by the Commission
FISCAL EFFECTS:As budgeted
Attachments:
Professional Services Agreement with Route 1--April
2022.docx
Report compiled on: April 7, 2022
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FY 2022 – FY 2025
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 19th day of April, 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, Route 1, 7300 N. Via Paseo Del Sur, Suite 202, Scottsdale, AZ 85258, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services
described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire
on the 30th day of June, 2022, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of
Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any
alteration or deviation from the described services that involves additional costs above the Agreement
amount will be performed by Contractor after written request by the City, and will become an additional
charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
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FY 2022 – FY 2025
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Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to perform
the services required by this Agreement; that it will perform the services in a professional, competent and
timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement
and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate
the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any
other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not
determine or exercise control as to general procedures or formats necessary to have these services meet this
warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an employee of the City
for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other purpose.
Contractor is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title
39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance
in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for
independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees
to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the
discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands,
costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any
labor problems or disputes or any delays or stoppages of work associated with such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the
City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees
and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability
where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the negligence of any party
or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct
of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct
of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed
to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would
otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to defense or
indemnification under this Agreement or under the Contractor’s applicable insurance policies required
below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s)
thereof.
In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way connected
with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for
willful injury to the person or property of another, or for violation of law, whether willful or negligent” as
per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations specifically assumed by the
Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically
assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that
may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard
to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and Automobile
Liability policies. The insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
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FY 2022 – FY 2025
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a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to
payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease performance under this Agreement
and make every reasonable effort to refrain from continuing work, incurring additional expenses or
costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
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d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives any right to
claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field
office overhead, general conditions costs, or lost profits damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within
thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails
to provide such notice, Contractor shall waive all rights to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Mike Veselik, Economic Development Program Manager, Parking or such other individual
as City shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s Representative is not
available, Contractor may direct its communication or submission to other designated City personnel
or agents as designated by the City in writing and may receive approvals or authorization from such
persons.
b.Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be Lexie Anderson, VP of Operations, lexie.anderson@route1.com or such
other individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
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Representative is not available, City may direct its direction or communication to other designated
Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and shall be
provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email
address or fax number provided by the Party’s Representative; or on the fifth business day following
mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license,
and inspections from applicable governmental authorities, and pay all fees and charges in connection
therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws,
all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority
and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person,
bar a person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status or
sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services under
this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any
employee or agent engaged in services to the City under this Agreement while on City property or in the
performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply
with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to
request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing its
employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written
consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this
Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of
this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records for the purpose of verifying that the reimbursement of monies
distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions
or to pursue any available legal or equitable rights in the event of any subsequent default or breach.
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
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19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs,
including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third
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Professional Services Agreement for Route 1 Comprehensive Support
FY 2022 – FY 2025
Page 10 of 14
party.
28.Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement
of the parties. Covenants or representations not contained herein or made a part thereof by reference, are
not binding upon the parties. There are no understandings between the parties other than as set forth in this
Agreement. All communications, either verbal or written, made prior to the date of this Agreement are
hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18,
Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ROUTE 1
By________________________________By__________________________________
Jeff Mihelich, City Manager
Tony Busseri
Chief Executive Officer
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
80
Route1 ALPR Support
Plans
Page | 1
EXHIBIT A
Client Name: T2 – City of Bozeman Mobile Units: 3 Fixed Units: 13
Comprehensive Support Plan $ 15,600
Onsite Preventative maintenance (Add on)$ 4,000
Total $ 19,600 (Less $7,800 already paid)
Route1 provides a complete suite of automated license plate recognition technologies and professionalservices to build smart,
safe communities. Fixed and mobile camera systems automatically detect, read,and validate license plate information with the
highest level of accuracy, giving clients real time insight into their operations and allowing them work more efficiently. Route1
offers end to end deployment services coupled with white-glove support, while leveraging proprietary security and privacy
solutions. Our support plans are better described below.
A.Features
Elemental Comprehensive
Client Type Existing Only All
Workmanship Warranty 90 days 1 year
1 YEAR NA 12 hours
Annual account ReviewMeeting NA Yes
Remote Helpdesk Support
Support Hours
Authorized # of Contacts for Helpdesk Support
Help Desk Responsiveness
No. of Incidents per Month
Issue Reporting via Phone
Issue Reportingvia Email
8 to 5 pm
1
Next Bus. Day
Up to 3
NA
Yes
8 to 5 pm
4
4 hours
Up to 10
Yes
Yes
On Site Support
Annual Maintenance Visit (up to 10 vehicles / 20 fixed cameras)
Upgrade to quarterlyor monthly maintenance visit
Guarantee for Emergency (additional costsapply)
NA
NA
NA
NA
NA
10 days
Hardware Support
Hot swap Inventory on Hand for Vehicle or Fixed Camera
Loaner Hardware during RMA Process Timeframe, if Available
RMA Processing Support and Tracking
Hardware InventoryManagement
NA
NA
NA
NA
Extra Cost
Yes
Yes
Yes
81
Route1 ALPR Support
Plans
Page | 2
SoftwareSupport
On Prem Only: Annual Server Upgrades (Onceper year)
On Prem Only: Genetec Advantage Premiums Included
Patroller Software Upgrades (Remote)
Workstation Upgrades afterserver upgrade(Remote)
Notificationof available upgrades
NA
NA
NA
NA
NA
Yes
NA
Yes
Yes
Yes
B.Pricing
All prices areAnnual Elemental Comprehensive
Term 1 year 1 year
Base Price $3,600 $6,000
Price per Mobile Camera $300 per camera $600 per camera
Price per Fixed Camera $300 per camera $600 per camera
On-Prem SolutionSurcharge $1,500 $8,800
C.A la Carter Options and Enhancement Options
All prices areAnnual Elemental Comprehensive
Additional AuthorizedContacts $2,000 per $500 per
Increased HelpDesk Response Time to a 4 hour response time NA Included
Increased HelpDesk Response Time to a 30 minute responsetime $10,000 $5,000
Additional No.of Incidents per month - five (5) incident pack $5,500 $3,000
Annual On Site Maintenance Visit - per 10 vehicles/ 20 fixedcameras
$5,000 $4,000
Annual ConfigurationTime - Additional 4 Hours $1,200 $800
Upgraded Guarantee forEmergency On Site support to 5 days $10,000 $5,000
Hot swap Inventory on Handfor Vehicle and/or FixedCamera $20,000 $10,000
Note: Comprehensive Support Plan features can be adjusted to reflect client preferences and specificneeds.
Route1 provides a complete suite of automated license plate recognition technologies and professional
services to build smart, safe communities. Fixed and mobile camera systems automatically detect, read,
and validate license plate information with the highest level of accuracy, giving clients real time insight
into their operations and allowing them work more efficiently. Route1 offers end to end deployment
services coupled with white-glove support, while leveraging proprietary security and privacy solutions.
Our support plans are better described below.
82
Route1 ALPR Support
Plans
Page | 3
A.Features
Elemental Comprehensive
Client Type Existing Only All
Workmanship Warranty 90 days 1 year
1 YEAR NA 12 hours
Annual account Review Meeting NA Yes
Remote Helpdesk Support
Support Hours
Authorized # of Contacts for Helpdesk Support Help Desk
Responsiveness
No. of Incidents per Month Issue Reporting via Phone
Issue Reporting via Email
8 to 5 pm
1
Next Bus. Day Up
to 3
NA
Yes
8 to 5 pm
4
4 hours
Up to 10 Yes
Yes
On Site Support
Annual Maintenance Visit (up to 10 vehicles / 20 fixed cameras)
Upgrade to quarterly or monthly maintenance visit
Guarantee for Emergency (additional costs apply)
NA NA
NA
NA NA
10 days
Hardware Support
Hot swap Inventory on Hand for Vehicle or Fixed Camera Loaner
Hardware during RMA Process Timeframe, if Available RMA
Processing Support and Tracking
Hardware Inventory Management
NA NA NA
NA
Extra Cost Yes
Yes
Yes
Software Support
On Prem Only: Annual Server Upgrades (Once per year) On Prem
Only: Genetec Advantage Premiums Included Patroller Software
Upgrades (Remote)
Workstation Upgrades after server upgrade (Remote)
Notification of available upgrades
NA NA NA NA
NA
Yes NA
Yes Yes
Yes
83
Route1 ALPR Support
Plans B.Pricing
All prices are Annual Elemental Comprehensive
Term 1 year 1 year
Base Price $3,600 $6,000
Price per Mobile Camera $300 per camera $600 per camera
Price per Fixed Camera $300 per camera $600 per camera
On-Prem Solution Surcharge $1,500 $8,800
C.A la Carter Options and Enhancement Options
All prices are Annual Elemental Comprehensive
Additional Authorized Contacts $2,000 per $500 per
Increased Help Desk Response Time to a 4 hour response time NA Included
Increased Help Desk Response Time to a 30 minute response time $10,000 $5,000
Additional No. of Incidents per month - five (5) incident pack $5,500 $3,000
Annual On Site Maintenance Visit - per 10 vehicles / 20 fixed
cameras
$5,000 $4,000
Annual Configuration Time - Additional 4 Hours $1,200 $800
Upgraded Guarantee for Emergency On Site support to 5 days $10,000 $5,000
Hot swap Inventory on Hand for Vehicle and/or Fixed Camera $20,000 $10,000
Note: Comprehensive Support Plan features can be adjusted to reflect client preferences and
specific needs.
84
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Resolution 5396 to Vacate and Abandon a Portion of the Road Easement
Entirely within Railroad Right-of-way Adjacent to Griffin Drive Described in
Book 84, Page 365, Gallatin County, Montana
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5396 to Vacate and Abandon a Portion of the Road
Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive
Described in Book 84, Page 365, Gallatin County, Montana and illustrated in
Exhibit A.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Resolution 5396 supersedes Resolution 5325. Resolution 5325 was passed by
the commission on August 3, 2021 and was the final step in the
abandonment of a portion of road easement entirely within railroad right of
way adjacent to Griffin Drive. As outlined at the public hearing on the
abandonment on July 27, 2021, staff reviewed the proposal and found that
this easement can be vacated without detriment to the public interest.
Additionally, abandonment benefits the City and the public interest by
providing cost and time savings for the Griffin Drive and Manley Road Street
and Stormwater Improvements project.
City Staff noticed an error in the legal description in Resolution 5325.
Resolution 5396 corrects the legal description and supersedes Resolution
5325.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None recommended.
FISCAL EFFECTS:None.
Attachments:
85
20220419_Resolution 5396.pdf
Exhibit A_Abandonment.pdf
Report compiled on: April 6, 2022
86
Resolution 5396
COMMISSION RESOLUTION NO. 5396
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, SUPERSEDING RESOLUTION NO 5325,
DISCONTINUING, ABANDONING AND VACATING PORTIONS OF THE
ROAD EASEMENT DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN
THE SOUTHWEST ONE QUARTER SECTION OF SECTION 31,
TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M. AND IN THE SOUTHEAST
ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST,
P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City of
Bozeman and the public to abandon a portion of said road easement entirely within the right of way of
Burlington Northern Santa Fe Railroad adjacent to Griffin Drive, as shown in Exhibit "A" attached hereto;
and
WHEREAS, it appears to the City Commission that the subject road easement can be vacated
without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman
and the inhabitants therein that said easement be vacated, provided that said vacation does not affect the
right of any public utility to continue to maintain its utilities and equipment in said right-of-ways; and
WHEREAS, on the 3rd day of August 2021, the City Commission passed Resolution No. 5325
declaring to abandon and vacate the portions of the road described; and
WHEREAS, the City has determined that Resolution No. 5325 contained an inaccurate legal
description of the portion of road declared to be abandoned and vacated;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
87
Resolution 5396
Section 1
Abandonment and Vacation
It is hereby declared by the City Commission of the City of Bozeman, Montana, to abandon and
vacate the portions of the road easement described below:
A portion of the easement described in Book 84, Page 365, Gallatin County, Montana,
located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and in the
southeast one-quarter of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,
more particularly described as follows :
Beginning at the Section Corner common to Sections 1, 6, 31 & 36;
Thence along the Section line between said Sections 6 & 31 N 88"10'53" E a distance of 926.74
feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail Link) right-of-
way;
Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the true
Point of beginning;
Thence N 88"10'53" W a distance of 203.10 feet to a calculated point; to said Sections 31 & 36;
Thence N 38"54'58" W a distance of 50.22 feet to a calculated point;
Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north boundary of
the BNSF Railway Co. right-of-way;
Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E a
distance of 100.45 feet to a calculated point;
Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58" E a
distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet to the Point
of Beginning, containing 2.146 acres, more or less.
All as shown on the attached Exhibit A.
The vacation does not affect the right of any public utility to continue to maintain existing utilities and
equipment in the street right-of-ways.
Section 2
Fee Title to Revert to BNSF Railway Co.
The fee title to the land where the right-of-ways will be discontinued will be declared, upon adoption of
this resolution discontinuing the street, to revert to the Burlington Northern Santa Fe Railway Co., for
their benefit.
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Resolution 5396
Section 3
Filing with County Clerk and Recorder
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the City
of Bozeman hereby directs that a copy of this Resolution and Exhibit A depicting the changes approved
herein be filed with the Gallatin County Clerk and Recorder.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of April, 2022.
________________________________________
ATTEST: Cynthia L. Andrus, Mayor
____________________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________________
Greg Sullivan
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Danielle Garber - Associate Planner
Anna Bentley - Interim Community Development Director
SUBJECT:
Resolution 5397 Declaring the Royal 7 Motel Freestanding Sign at 310 North
7th Avenue, Bozeman, MT as Historically or Culturally Significant
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5397, declaring the Royal 7 Motel Freestanding Sign at
310 North 7th Avenue as historically or culturally significant.
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:
On October 20, 2021 the property and business owner at the Royal 7 Motel,
now known as the Sapphire Motel, at 310 North 7th Avenue submitted a
comprehensive sign plan application detailing their request to restore the
21-foot tall neon sign on the property. Section 38.560.170 of the Bozeman
Municipal Code (BMC) states “Signs which have historical or cultural
significance to the city but do not conform to the provisions of this division
38.560 may be permitted, provided that the city commission adopts findings
supporting the historical or cultural significance of the sign and issues a sign
permit. Such findings must be adopted by resolution.”
The applicant provided a history of the sign and photos of the sign dating
back to the late 50’s when the property was known as the Travelier Motel.
The current motel owners bought the property in the early 70’s and the
name was changed to the Stardust Motel, and then the Royal 7 Motel in
1985. When the motel was purchased around 1972 and the name changed,
the sign was painted to the red white and blue that exists today. The
applicant is requesting restoration and reuse of the sign to reflect their new
business name, repair broken neon tubes, restore the original star at the top
of the sign, and install new neon where it was removed.
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In order to restore the sign under the current sign code in Section 38.560
BMC a sign permit is required under BMC 38.560.020. Two sections of the
sign code prevent the restoration and use of the sign under the current
business name:
BMC 38.560.030 – Prohibited signs. Flashing, blinking, or animated
signs are prohibited in the city. The existing sign contains blinking or
flashing neon elements the applicant proposes to continue utilizing
after restoration.
BMC 38.560.060 – Signs permitted upon the issuance of a sign permit.
This section provides a maximum freestanding sign area for B-2M
zoning of 32 square feet, a maximum pole sign height of 13-feet, and a
maximum monument sign height of 5-feet. The sign does not fit into
the definitions of either a pole sign or a monument sign and is
approximately 21-feet tall, and 275 square feet in area therefore it
cannot be permitted under the current sign code without the
designation of historic or cultural significance.
Given the historically relevant design and long-standing presence of the sign,
the property owner wishes to retain the Royal 7 freestanding neon sign as
historically or culturally significant. The historic designation would permit
the historic sign to retain its non-conforming height and area, and allow two
neon elements of the sign lighting to flash.
Staff’s recommended findings in support of the historic designation of the
Royal 7 freestanding sign are as follows:
The sign will not exceed the maximum allowable sign area for the
hotel. The applicant does not request to exceed the maximum square
feet of signage allowable for the hotel of 400 square feet. Section
38.560.060.A. allows a business to calculate their allowable sign area
based on street frontage. The hotel borders North 7th Avenue, West
Beall Street, and West Villard Street and maxes out allowable signage
at 400 square feet. The proposed sign is approximately 275 square
feet.
The property at 310 North 7th Avenue is within the Neighborhood
Conservation Overlay District. The Neighborhood Conservation
Overlay District was enacted to “stimulate the restoration and
rehabilitation of structures, and all other elements contributing to the
character and fabric of established residential neighborhoods and
commercial or industrial areas.” Designation of the Royal 7
freestanding sign will allow for its restoration and preservation as a
historic and character defining element of the North 7th Avenue
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streetscape and built environment.
The sign was installed prior to implementation of the modern sign
code. Photos provided by the applicant show the sign at two periods in
history in the late 1950’s, and in the early to mid-1970’s. In both
photos the main base, structure, and neon elements of the sign are
unchanged.
Surviving elements of the sign have not changed since its original
construction. Signs of Montana was hired by the applicant to evaluate
restoration of the sign stating “The only significant changes over the
years have been some name changes and paint colors. The original
flasher units are still inside the current structure.” Additionally, the
sign location and setting have remained unchanged since its
construction.
The sign is evocative of its period. The national Park Service
preservation brief 25 “The Preservation of Historic Signs” by Michael J.
Auer briefly describes mid-20th century neon signs. “Neon first
appeared in signs in the 1920s, and reached its height of popularity in
the 1940s. The first documented neon commercial sign in the United
States was at a Packard Motor Car dealership in Los Angeles in 1923.
After a period of decline, it underwent a renaissance, beginning in the
1970s. Artists experimented with neon as a conscious art-form, and
several notable architects further helped in its revival. Renewed
interest in this colorful medium also sparked interest in preserving
historic neon signs.” Additionally, “As the century advanced, new
styles took hold. The late 1950s brought signs with fins, star bursts,
and other images reflecting a new fascination with outer space.” The
Royal 7 sign design emulates the Holiday Inn “great” signs of the late
1950’s early 1960’s that proliferated across the county with the
advent of the interstate. The Henry Ford Museum in Dearborn
Michigan has a 1960 example of these signs. Examples are also
provided in the applicant’s narrative. The Royal 7 sign has the same
design with the arrow and star elements, as well as the basic shape of
the sign and reader board at the bottom. In 2020 the motel property
was surveyed for historic significance. The updated record is attached
and states that the property “retains sufficient integrity to convey
association with the Postwar Expansion Phase of Bozeman’s
development, particularly as commercial development grew along
North 7th." The Royal 7 sign exhibits a unique mid-20 th century
character that is currently not well preserved in Bozeman including the
late 1950’s represented by the use of neon, and the neon star that
tops the sign, typical of sign design during that era. The sign provides
an opportunity for the community to preserve a window into the
postwar evolution of the north 7th commercial corridor, a unique
period of growth in Bozeman’s history.
These findings have been incorporated into the attached resolution 5397 to
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form the basis for designating the Royal 7 freestanding sign as historically or
culturally significant.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve the application as recommended by Staff and approve
Resolution 5397 adopting findings supporting the historical or cultural
significance of the sign.
2. Approve the application with conditions to address concerns identified
by the City Commission and approve Resolution 5397 adopting
findings supporting the historical or cultural significance of the sign.
3. Deny the application as submitted based on a finding that the sign is
not historically or culturally significant.
4. Direct staff or the applicant to provide additional information and
bring the application back for City Commission Action.
FISCAL EFFECTS:No known fiscal effects
Attachments:
Resolution 5397 Royal 7 Motel Sign Significance.pdf
Narrative for Royal 7 Comp Sign Plan.pdf
Royal 7 Historic Photos 4-7-22.pdf
Refurbishing sign plan & photo - 310 N. 7th - Oct. 2021.pdf
MT Historic Property Record 310 N 7th Ave 2020.pdf
Report compiled on: April 7, 2022
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Version April 2020
RESOLUTION 5397
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE ROYAL 7 MOTEL FREESTANDING SIGN AT 310
NORTH 7TH AVENUE, BOZEMAN, MT AS HISTORICALLY AND CULTURALLY
SIGNIFICANT
WHEREAS, Section 38.560.170 of the Bozeman Municipal Code establishes a process
for designation of historic or culturally significant signs based upon adopted findings by the City
Commission; and
WHEREAS, a sign designated to have a historical or cultural significance must be
recognized by resolution of the Bozeman City Commission; and
WHEREAS, the property owner requested the freestanding sign be designated as
historically and culturally significant to the City of Bozeman with their comprehensive sign plan
application no. 21409; and
WHEREAS, the property at 310 North 7th Avenue is within the Neighborhood
Conservation Overlay District. The Neighborhood Conservation Overlay District was enacted to
“stimulate the restoration and rehabilitation of structures, and all other elements contributing to
the character and fabric of established residential neighborhoods and commercial or industrial
areas;” and
WHEREAS, the sign was constructed in approximately 1955 under the business name
Travelier Motel with the same sign base, structure, letter board, internal electric components, and
same neon “Motel” letters, and arrow feature. The sign was installed prior to the implementation
of the modern sign code; and
WHEREAS, the sign was constructed to emulate the mid-twentieth century “great” signs
made popular by Holiday Inn and other chain motels emerging in the 1950’s and 1960’s; and
WHEREAS, surviving elements of the sign have not changed since its original
construction. The original neon lighting for the arrow and star elements of the sign contains a
95
Version April 2020
blinking or flashing element that was used historically based on the presence of original internal
flasher components installed for that purpose within the sign; and
WHEREAS, the sign exhibits a unique mid-20th century character that is currently not well
preserved in Bozeman including the late 1950’s represented by the use of neon, and the neon star
that tops the sign typical of sign design during that era.
WHEREAS, the sign provides an opportunity for the community to preserve a window
into the post-war evolution of the north 7th commercial corridor, a unique period of growth in
Bozeman’s history; and
WHEREAS, the size of the existing freestanding sign exceeds the maximum square
footage and height permitted for freestanding signs in the B-2M zoning district. However, the sign
size does not exceed the maximum commercial sign area currently allowed for the property; and
WHEREAS, the property owner has proposed restoration and reuse of the sign to reflect
the new business name, repair broken neon tubes, restore the original star at the top of the sign,
and install new neon where it was removed.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the Royal 7 Motel freestanding sign satisfies the criteria set forth in the
Bozeman Municipal Code Section 38.560.170 “Historic or Culturally Significant Signs” and shall
be declared as such to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
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Version April 2020
___________________________________
GREG SULLIVAN
City Attorney
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Appendix 1:Royal 7 Historical Photos
Travelier Motel. Estimated 1955
Stardust Motel . Estimated 1973
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Royal 7 Motel: 2020
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MONTANA HISTORIC PROPERTY RECORD
For the Montana National Register of Historic Places Program and State Antiquities Database
Montana State Historic Preservation Office Montana Historical Society
PO Box 201202, 1410 8th Ave Helena, MT 59620-1202
Property Address: 310 N 7TH AVE Historic Address (if applicable): City/Town: BOZEMAN
Site Number: 022 (An historic district number may also apply.) County: GALLATIN
Historic Name: The Glen Motel / Travelier Motel Original Owner(s): Charles and Alice Nunnelly
Current Ownership Private Public
Current Property Name: Royal 7 Motel
Owner(s): Lien Corp / A L Bendz
Owner Address: 310 N 7th Ave, Bozeman, MT 59715-3308
Phone:
Legal Location
PM: Montana Township: 02S Range: 05E
SW¼ NE ¼ NE ¼ of Section: 12
Lot(s): Lot 3 - 6, Acres 1.851, E 35' Lot 2
Block(s): 2
Addition: Border Tract Add (BDT) Year of Addition: 1970
USGS Quad Name: Bozeman Year: 1987
Historic Use: Commercial
Current Use: Commercial Construction Date: 1942/1980 Estimated Actual Original Location Moved Date Moved:
UTM Reference www.nris.mt.gov
NAD 27 or NAD 83 (preferred) Zone: 12 Easting: 496474 Northing: 5058779
National Register of Historic Places NRHP Listing Date: Historic District: NRHP Eligible: Yes No *Property meets the City of Bozeman’s definition of an eligible property (see below).
Date of this document: 9/29/2020 Form Prepared by: E. Sakariassen, S. Wells, Metcalf Archaeological Consultants, Inc. with C. Alegria and C. Hendry, Extreme History Project Address: Metcalf Archaeological Consultants, Inc., Bozeman, MT Daytime Phone: 406-219-3535 MT SHPO USE ONLY Eligible for NRHP: □ yes □ no Criteria: □ A □ B □ C □ D Date:
Evaluator:
Comments: Site would contribute to a potential district.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 3
Architectural Description
Property Name: The Glen Motel/Travelier Motel Site Number: 022
ARCHITECTURAL DESCRIPTION Architectural Style: Other (specify) If Other, specify: Mid-century modern Property Type: Commerce Specific Property Type: Royal 7 Motel Architect: Unknown Architectural Firm/City/State: Unknown Builder/Contractor: Unknown Company/City/State: Unknown Source of Information: N/A
This property consists of a commercial motel built c. 1942, with an addition built c. 1980. It is comprised of three buildings: the north
and west wings of the motel, a separate south wing with newer construction indicated by newer materials, and a central conference building with meeting rooms accessed on the east and west sides. There is a greenspace courtyard and gazebo to the west of the
conference building. Surrounding the courtyard is asphalt pavement for motel and conference guest parking.
The motel is a single-story structure built in the mid-century modern style. It has a C-shaped plan that is open to the west (N 7th Ave.). The motel’s roof is very low pitched with a side gable roof on the separate south wing of rooms (the 1980 addition). That wing is clad
in synthetic stucco, as is the conference center. The exterior walls are clad with concrete blocks, with possible permastone veneer around the main entrance (office) and a stone flower bed/ornament wall along the interior of the building on the facades of the motel
rooms.
The main office and entrance are on the northwest corner of the property. A second door is nearby on the south elevation, beneath a stylized flat roofed portico. Most of the windows appear to be modern, though the large picture-type size of the openings is
unchanged. The doors are modern steel or vinyl paneled doors. The applied shutters may be original.
A neon metal sign on a concrete slab is located at the N 7th Ave. entrance to the parking lot. The sign is typical of mid-century roadside signage, with large lettering and illumination. The sign is red, white, and blue and reads “ROYAL ‘7’ MOTEL” with a large
“7” at the top.
Vegetation around the outer walls of the north, east, and south elevations of the motel includes unkempt grass and weeds, and sporadic small deciduous trees and bushes. The center courtyard west of the conference center is manicured and includes a large coniferous
tree and various bushes. Overall, the motel is in excellent condition, although the outer perimeter has not been maintained, Metcalf finds it retains sufficient integrity to convey historic character.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 4
History of Property
Property Name: The Glen Motel/Travelier Motel Site Number: 022
HISTORY OF PROPERTY William Beall purchased this property from the United States on May 1, 1871. In 1970, it was officially platted as part of the Border Tract Addition. Charles Nunnelly purchased this property on December 3, 1940. Nunnelly initially operated a “Tourist Court” with 4 cabins on this
location (Sanborn Map Company, 1943). In c. 1942 Nunelly began building the Glen Motel with an eventual 31 units constructed (Montana Cadastral). The original cabins were either incorporated into the current structure or demolished and the current structure built. The motel was owned and operated by Alice and Charles Nunnelly. The first listing for the Glen Motel in the city directory is 1942 (R. L. Polk & Company, 1942). Charles Parker Nunnelly was born in Somerset, Kentucky on July 23, 1884 to Robert A. and Emily Nunnelly. He came with his
parents to Montana in 1892 when he was eight years old. Charles married Alice Miller on September 2, 1909 in Somerset, Kentucky. They lived on a ranch north of Belgrade until 1919. Charles built a “modern stopping place for travelers at their home at 310 North Seventh Avenue. He had formerly owned and operated the Bozeman Auto Camp just east of Bozeman and had sold that place in 1940” (The Bozeman Courier, 28 December 1945).
The motel continued in operation as The Glen Motel until Harold A. and Glendowyn N. Jackson purchased the property on September 15, 1955 and changed the name to the Travelier Motel. On May 2, 1967 Alice Nunnelly, Harold A. and Glendowyn N. Jackson sold the property to the Travelier Motel, Inc. On April 29, 1969, the Travelier Motel, Inc. sold the property to the Lien Corporation. Around 1972 the name changed to the Stardust Motel (R.L. Polk & Co., 1940 to 1980). In 1980, 16 additional units were added
(Montana Cadastral) and the name was changed to the Royal 7 Motel. As of November 2019, the building was operating as the Royal 7 Budget Inn and was owned by the Lien Corporation.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 5
History of Property
Property Name: The Glen Motel/Travelier Motel Site Number: 022
Table 1. Chain of Title, 310 North Seventh Avenue, Bozeman, Montana.
Grantor Grantee Date of Instrument Type of Instrument Property Description/Comments Reference
USA William J. Beall 01 May 1871 Patent N ½ of NE ¼ Section 12, T2S
R5E
D: 2/373
William J. and Rosa V. Beall Benjamin P. Barker 14 July 1880
Warranty Deed Part of NE ¼ NE ¼ Section 12, T2S R5E (20 acres) D: 1/370
Benjamin P. Barker Rosa V. Beall 14 July 1880 Warranty Deed Same D: 1/374
William J. and Rosa V. Beall Henry I. Border 03 March 1898 Deed Part of NE ¼ NE ¼ Section 12, T2S R5E D: 24/410
Northern end of property
Sam I. and Bertina C. Border, Mary Cloninger, Thirza Bair, Leila B. Fishleigh
Lena E. Border 24 August 1931 Deed Part of NE ¼ NE ¼ of Section 12, T2S R5E D: 76/76
Lena E. Border Harold D. Korslund & Clyde M. Rushing
29 October 1937 Warranty Deed Part of NE ¼ NE ¼ Section 12, T2S R5E (160’ x 559’ Lot) D: 81/360
Southern end of property
H. I. and Lena E. Border H. G. Klenze 29 September 1908 Warranty Deed Part of NE ¼ NE ¼ Section 12, T2S R5E (1000’ x 140’ Lot on N side of W. Beall St.
and E side of N. 7th Ave.)
D: 39/190
H. G. and Margaret Klenze J. W. McLane 17 April 1909 Warranty Deed Same D: 40/315
J. W. McLane Isaac Boyer 03 September 1909 Warranty Deed Same D: 40/516
Carrie Boyer, Exec of Estate of Isaac Boyer Floyd James and Florence Spady 22 June 1936, 10 December 1937
Executrix’s Deed Same (except part deeded to the Board of County Commissioners)
D: 79/434, 81/123
Floyd and Florence Spady Harold D. Korslund and
Clyde M. Rushing
10 January 1938 Warranty Deed Part of NE ¼ NE ¼ Section 12, T2S R5E (472.83’ x 140’
lot)
D: 81/359
Entire property
Clyde M. and Dora M. Rushing and Harold D.
and Lois M. Korslund
Fred Pathmann 29 August 1938 Warranty Deed Blocks 1 and 2, Border Tract Addition (300’ x 370’ Lot) D: 81/581
Fred and Tena Pathmann Charles P. Nunnelly 03 December 1940 Warranty Deed Same D: 84/373
Charles P. Nunnelly Alice Nunnelly 27 January
1941
Warranty Deed Lots 3 – 6, E 35’ Lot 2, Block
2, Border Tract Addition
D: 92/390
Alice Nunnelly Harold A. and Glendowyn N.
Jackson
15 September 1955 Warranty Deed Same D: 119/139
Alice Nunnelly, Harold A., and
Glendowyn N. Jackson
Travelier Motel, Inc. 02 May 1967 Warranty Deed D: 154/7
Travelier Motel, Inc. Lien Corporation 29 Apr 1969 Warranty Deed Same D: Film 75/1130
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MONTANA HISTORIC PROPERTY RECORD
PAGE 6
Information Sources/Bibliography
Property Name: The Glen Motel/Travelier Motel Site Number: 022
INFORMATION SOURCES/BIBLIOGRAPHY
The Bozeman Courier [Bozeman, Montana] 1945 “Charlie Parker Nunnelly.” 28 December. Bozeman, Montana. Gallatin County Clerk & Recorder 1864-2020 Gallatin County Deeds. Gallatin County Clerk & Recorder, Bozeman, Montana. Montana State Library. Montana Cadastral records online, http://svc.mt.gov/msl/mtcadastral, accessed 5/11/2020. R. L. Polk & Co. 1941-2012 Polk’s Bozeman (Gallatin County, Mont.) City Directories. R.L. Polk & Co., Kansas City, Missouri. Renewable Technologies, Inc. (RTI) 2008 Bozeman Historic Resource Survey, revised ed. Prepared for Planning Department, City of Bozeman, Bozeman, MT. Sanborn Map Company 1884-1958 Sanborn Fire Insurance Map from Bozeman, Gallatin County, Montana (Jul 1890, Nov 1891, Jan 1904, Sep 1912, Sep 1927, Sep 1943, Aug 1958). Sanborn Map Company, New York, New York.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 7
Statement of Significance
Property Name: The Glen Motel/Travelier Motel Site Number: 022
NATIONAL REGISTER OF HISTORIC PLACES NRHP Listing Date: NRHP Eligibility: Yes No Individually Contributing to Historic District Noncontributing to Historic District NRHP Criteria: A B C D Area of Significance: Period of Significance: STATEMENT OF SIGNIFICANCE
This property consists of a commercial motel built c. 1959, with an addition built c. 1980. The site is in good condition, despite a few modifications over time. Overall, it retains sufficient integrity to convey its historic character.
Sec. 38.700 of the Bozeman Municipal Code defines an eligible property as one that meets the criteria for inclusion in the NRHP of State Register either 1) individually or 2) as a contributing building to an existing or potential historic district. This site has been evaluated against the NRHP Criteria and has been determined to lack individual significance under Criteria A, B, C, and D. The site is
not located within an existing historic district; however, it should be considered eligible/contributing to a potential district composed of similar structures observed in the vicinity. The site retains sufficient integrity to convey association with the Postwar
Expansion Phase of Bozeman’s development, particularly as commercial development grew along N 7th Ave (RTI 2008). It is representative of mixed-use in the development of central Bozeman, contemporaneous with development in the adjacent Tracy’s 3rd,
Karp, and Violett additions. Metcalf recommends further research be conducted regarding Bozeman’s Border Tract Addition to evaluate district potential.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 8
Integrity
Property Name: The Glen Motel/Travelier Motel Site Number: 022
INTEGRITY (location, design, setting, materials, workmanship, feeling, association) Overall, the site is in excellent condition. The remodels and addition of the south room building affects the overall site design, but most of the aspects of the original site are intact and sufficient to convey historic character.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 9
Photographs
Property Name: The Glen Motel/Travelier Motel Site Number: 022
Feature # 1 Facing: NE Description: Property 022. Overview. (Image #01-0079, 10/17/2019. EAS)
Feature # 1 Facing: S Description: Property 022. View in parking lot (E elevation of conference center visible). (Image #01-0083, 10/17/2019. EAS)
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MONTANA HISTORIC PROPERTY RECORD
PAGE 10
Photographs
Property Name: The Glen Motel/Travelier Motel Site Number: 022
Feature # 1 Facing: NE Description: Property 022. Oblique view. (Image #01-0086, 10/17/2019. EAS)
Feature # 2 Facing: NE Description: Property 022. Sign and view toward motel office. (Image #01-0078, 10/17/2019. EAS)
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MONTANA HISTORIC PROPERTY RECORD
PAGE 11
Site Map
Property Name: The Glen Motel/Travelier Motel Site Number: 022
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MONTANA HISTORIC PROPERTY RECORD
PAGE 12
Topographic Map
Property Name: The Glen Motel/Travelier Motel Site Number: 022
122
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Resolution 5375 Abandoning and Vacating the Portion of Redwing Drive
Located Entirely Within the Railroad Right of Way
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:After incorporating the information in the staff report, oral findings made by
the Commission during the public hearing, information contained in the
proposed resolution, and after considering all protests and public comment,
I hereby move to adopt Resolution 5375, Vacating and Abandoning the
portion of Redwing Drive, subject to satisfaction of all terms including those
listed in section 3 of the Resolution.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:At the February 1, 2022 City Commission meeting, the City of Bozeman
officially received the attached petition to abandon the described portion of
Redwing Drive. The Engineering Division reviewed the abandonment by the
criteria set forth in Commission Resolution 3628. The findings of that review
are detailed in the attached staff report. Based on their review of the
proposed abandonment, staff finds there is no detriment to the public
interest and recommends approval of Resolution 5375 Vacating and
Abandoning the portion of Redwing Drive contained entirely within the
railroad right of way and detailed in the attached Exhibit A.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:None.
Attachments:
Resolution 5375 - Resolution of Vacation.pdf
Exhibit A.pdf
202204019_Staff Report_final.pdf
Redwing Drive Abandonment Application.pdf
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Report compiled on: April 8, 2022
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Version April 2020
RESOLUTION 5375
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND
VACATING PORTIONS OF REDWING DRIVE LOCATED IN THE
SOUTHWEST QUARTER SOUTHWEST QUARTER (SW¼ SW¼) OF
SECTION TWENTY-FIVE (25), NORTH HALF NORTHWEST
QUARTER (N½ NW¼), SOUTHEAST QUARTER NORTHWEST
QUARTER (SE¼ NW¼), SOUTHWEST QUARTER NORTHEAST
QUARTER (SW¼ NE¼) AND NORTHWEST QUARTER SOUTHEAST
QUARTER (NW ¼ SE ¼) OF SECTION THIRTY-SIX (36), TOWNSHIP
ONE (1) SOUTH, RANGE FIVE (5) EAST, MONTANA PRINCIPAL
MERIDIAN AND CONTAINED ENTIRELY WITHIN THE
RAILROAD RIGHT OF WAY, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon a portion of said road easement entirely within the right of
way of Burlington Northern Santa Fe Railroad and adjacent to Frontage Rd, as shown in Exhibit
A attached hereto; and
WHEREAS, it appears to the City Commission that the subject road easement can be
vacated without detriment to the public interests; and
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation
does not affect the right of any public utility to continue to maintain its utilities and equipment in
said right-of-ways.
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Version April 2020
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Abandonment and Vacation
It is hereby declared by the City Commission of the City of Bozeman, Montana, to
abandon and vacate the portions of the road easement described below:
A strip of land sixty (60) feet wide in the Southwest quarter Southwest quarter
(SW ¼ SW ¼) of Section twenty-five (25), North half Northwest quarter (N ½ NW
¼), Southeast quarter Northwest quarter (SE¼ NW¼), Southwest quarter
Northeast quarter (SW¼ NE¼) and Northwest quarter Southeast quarter (NW¼
SE¼) of Section thirty-six (36), Township one (1) South, Range five (5) East,
Montana Principal Meridian, the center line of which is described in a general
way as follows: Beginning at a point on the east line of said Northwest quarter
Southeast quarter (NW¼ SE¼) where the same is intersected by a line drawn
parallel with and distant one hundred five (105) feet southwesterly, when
measured at right angles, from the center line of the main track of the Northern
Pacific Railway Company as the same is now constructed and operated; thence
northwesterly along the said parallel line to a point in the northwest quarter
northwest quarter (NW¼ NW¼) of said Section thirty-six (36); thence curving to
the right and crossing said center line of main track at a point fifty-three (53) feet
southeasterly form the north line of said northwest quarter northwest quarter
(NW¼ NW¼) when measured along said center line of main track.
All as shown on the attached Exhibit A.
The vacation does not affect the right of any public utility to continue to maintain existing utilities
and equipment in the street right-of-ways.
Section 2
Fee Title to Revert to BNSF Railway Co.
The fee title to the land where the right-of-ways will be discontinued will be declared, upon
adoption of this resolution discontinuing the street, to revert to the Burlington Northern Santa Fe
Railway Co., for their benefit.
126
Version April 2020
Section 3
Filing with County Clerk and Recorder
By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of
the City of Bozeman hereby directs that a copy of this Resolution and Exhibit A depicting the
changes approved herein be filed with the Gallatin County Clerk and Recorder.
This Resolution shall not be effective or recorded until concurrent legal and physical access for
public and private utilities have been constructed, executed and recorded.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19th day of April, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
127
Form 3464 2-10-25 1M RP
RIGHT OF WAY DEPARTMENT
cin en . DEED.
Dated ..... Q.c in bet- 17,
From
To • Coy 13 of qciliglin •
Description q0. si r ip ............. in 5I'V f.5
25 and Sec. 56- I 5- S E, P. M.
Noted on Title Plat No.. 17: .
Noted on Track Profile W. P. 14 2 ec 143.
Noted on Station Plat
Noted in Record Book 62 page 88 By C. C. AA.,
R of W. Change Memo No
Corres. File No
Abstract of Title
Opinion on Title
Voucher
Contract
Report of Negotiations
Release of Mortgage
1 7.7.J.7
270 19 2S.
128
1.
,„
>
0. I
COPY R.A. 2909
The NORTHeRN PACIFIC RAILeAY CMPA -eY, a Wisconsin
corporation, in consideration of the sum of one dollar ( -1.00) to
it in hand paid, the receipt whereof is acknowledged, and of the
agreements herein centained, does heieby grant to the County of
Gallatin, in the State of Montana, permission save as herein
limited to use for a public road and for no other purpose those
portions of the grantor's right of eay in said county end state,
described as follows:
A strip of land sixty (60) feet wide in tee Zouth-
west quarter Southwest quarter (SU L1SWe) of Sectien twenty-
five (25), Nortlt half Northwest quarter (N-N), Southeast
quarter Northwest quarter (SEeNet), Southwest quarter
Northeest quarter (e,4-Ne,i) and Northeest querter Southeast
quarter (NeiSEi) of Section thirty-six (36), Township one
(1) South, Range five (5) East, Montana Principal Meridian,
the center line of which is described in e general way as
follows: Beginning at a point on the east line of said
Northwest quarter Southeast quarter (N71464) where the
same is intersected by a line drawn parallel with and
distant one hundred five (105) feet southwesterly, when
measured at rieht angles, from the center line of the main
track of the Northern Pacific Railway Coepeny as the same
is now constructed and operated; thence northeesterly along
said parallel line to a point in the Northwest quarter
Northeest quarter(!NWiyei) of said Section thirty-six (36);
thence curving to the right and crossing said center line
of main track at a point fifty-three (5) feet southeasterly
from the north line of said Northwest quarter Northeest
quarter (N4Ne4) when measured along seld center line of
main track.
For a more articular description, and as explanatory
hereof, reference lc made to the attached plat, which is
hereby made a part hereof and shows colored red the strip
above described.
The grantee shall not grant to any person or comp7 .ny
permission to construct or maintain e pole ljee on any port Lon of
the ebove described right of way and the Railway Company reserves
to itself the right to grant such pereits provided the pole lines
are so located as not to interfere with the use of the street or
road for public travel.
In the event that the grantor shell find that the right
of way, or any part thereof, the use of which is hereby permitted,
129
will be required for railroad purposes, said grantor will give ta
the grantee six months notice of its intention to resume 2ossession,
and will re-establish the highvvy on a new location in as good
condition as it w.,s at the time of taking possession, provided that
a new right of way therefor is furnished by the County or State.
Witnesses:
Dated this // day of October, 1925.
On this
STATE Oi MINNESOTA, )
: es.
COUNTY OF RAMSEY. )
N&LiTH:AN PACIFIC RAILWAY C:)-PANY,
3y
Attest:
( )
)
--
.1
• 4kt:""t7 Vice President-. P„Vit)
)1 2.
AcsiXint ec etary.
of October in the year 1025, before me
a notary public, ,)ersonally
appeared C.W.BUNV I to me known to be the Vice President of the
Northsrn Pacific Railway Company, the corporation which executed
the foregoing instrument, and w.io beift?: duly :i,Jrn did s,?y, that
the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument w,s signed and senled in behalf
of said corporation by authority of its Board of Directors, and the
said C.W.Bunn acknowledged said instrument to be the free act pnd
deed of ssid corporation.
.ki2/ ef;
130
131
REDWING DRIVE ABANDOMENT
CITY ENGINEERING STAFF REPORT
This report addresses the proposed discontinuance, abandonment and vacation of
the portion of Redwing Drive located in the Southwest quarter Southwest quarter
(SW¼ SW¼) of Section twenty-five (25), North half Northwest quarter (N½ NW¼),
Southeast quarter Northwest quarter (SE¼ NW¼), Southwest quarter Northeast
quarter (SW¼ NE¼) and Northwest quarter Southeast quarter (NW¼ SE¼) of
Section thirty-six (36), Township one (1) South, Range five (5) East, Montana
Principal Meridian, Bozeman, Montana, entirely contained within the railroad right
of way and illustrated in Exhibit A.
Background
At the February 1, 2022 City Commission meeting, the City of Bozeman officially
received a petition to abandon the described portion of Redwing Drive. The
Engineering Division reviewed the abandonment by the criteria set forth in
Commission Resolution 3628.
The easement for Redwing Drive was granted to Gallatin County in 1925 by the
Northern Pacific Railway Corporation. The City of Bozeman assumed the easement
with the annexation of the properties adjacent to and accessed by Redwing Drive. A
copy of the easement document is attached as Exhibit A.
The petitioner is working to develop the North Park Master Plan. As part of that
development the petitioner is working with the railroad on improvements within
the railroad right of way in the location of Redwing Drive. To complete these
improvements and the related development of the North Park Master Plan they are
requesting that the City abandon the portion of Redwing Drive entirely within the
railroad right of way. Montana Rail Link (MRL) and the Montana Department of
Transportation support this abandonment as it will eliminate an unsignalized, at
132
grade railroad crossing. Elimination of at grade railroad crossings, particularly
unsignalized ones, provides improved public safety. The City has received
comments from adjacent residents that support of the elimination this crossing as it
will eliminate the need for train whistles. MDT additionally supports the
abandonment as it will close an access on the Frontage Road which will eliminate
potential conflicts created by traffic turning on to Redwing Drive.
Impact on Public and Private Utilities
The City of Bozeman has existing water and sewer facilities within the railroad right
of way. The City of Bozeman has separate permits with the railroad for these
facilities: (1) for a sanitary sewer main (Permit# 600015), and (2) for a water main
(permit# 600167). MRL has confirmed that these permits provide for access to the
pipelines on railroad property regardless of whether Redwing Drive is abandoned
as a public roadway easement. Review of the City’s water and sewer master plans do
not include any improvements that would be effected by the proposed
abandonment.
Several private utilities were identified in the existing railroad easement and within
the Redwing Drive easement as shown in the attached Existing Utilities Exhibit.
Abandonment of Redwing Drive will not impact the ability of these utilities to
remain in the railroad right of way as they have separate agreements with the
railroad.
Impact on Traffic & Accessibility
The North Park Master Plan established the future road network that will provide
access to the adjacent properties and allow development of the area. The Redwing
Drive easement that is proposed to be abandoned exists entirely within the railroad
right of way and does not provide access or connectivity to any other properties.
There is no plan to utilize this right-of-way for future improvements mentioned in
133
our transportation master plan. Abandonment of this portion of Redwing Drive will
eliminate an un-signalized railroad crossing.
Two private companies and the City currently use Redwing Drive to access sites
adjacent to Redwing Drive. Permanent access to these sites is provided by roads and
easements in the master site plan as shown in the attached Future Access Exhibit.
The petitioner is also providing interim access to these sites as detailed in the
attached Temporary Access Exhibit. This plan supersedes the plan initially
presented in the petition. Letters of consent are included in the attached petition.
The petitioner will construct the physical access and file easements for the interim
access road as constructed prior to the City filing the abandonment.
Impact on Fire, Police, and Other Emergency Services
No impact to these services were identified.
Impact on Garbage Collection and Maintenance
No impact to these services identified.
Alternatives to Vacation
None identified. As mentioned the approved site plan for the North Park
development creates new road connections that far better serve this area than the
current Redwing Drive.
Recommendation
Staff recommends abandonment of the easement as proposed. The abandonment
provides benefit to the City and the public reducing the risk posed by the
unimproved railroad crossing. It can be done without detriment to the public
interest and is the preferred alternative.
134
Exhibit A
135
Form 3464 2-10-25 1M RP
RIGHT OF WAY DEPARTMENT
cin en . DEED.
Dated ..... Q.c in bet- 17,
From
To • Coy 13 of qciliglin •
Description q0. si r ip ............. in 5I'V f.5
25 and Sec. 56- I 5- S E, P. M.
Noted on Title Plat No.. 17: .
Noted on Track Profile W. P. 14 2 ec 143.
Noted on Station Plat
Noted in Record Book 62 page 88 By C. C. AA.,
R of W. Change Memo No
Corres. File No
Abstract of Title
Opinion on Title
Voucher
Contract
Report of Negotiations
Release of Mortgage
1 7.7.J.7
270 19 2S.
136
1.
,„
>
0. I
COPY R.A. 2909
The NORTHeRN PACIFIC RAILeAY CMPA -eY, a Wisconsin
corporation, in consideration of the sum of one dollar ( -1.00) to
it in hand paid, the receipt whereof is acknowledged, and of the
agreements herein centained, does heieby grant to the County of
Gallatin, in the State of Montana, permission save as herein
limited to use for a public road and for no other purpose those
portions of the grantor's right of eay in said county end state,
described as follows:
A strip of land sixty (60) feet wide in tee Zouth-
west quarter Southwest quarter (SU L1SWe) of Sectien twenty-
five (25), Nortlt half Northwest quarter (N-N), Southeast
quarter Northwest quarter (SEeNet), Southwest quarter
Northeest quarter (e,4-Ne,i) and Northeest querter Southeast
quarter (NeiSEi) of Section thirty-six (36), Township one
(1) South, Range five (5) East, Montana Principal Meridian,
the center line of which is described in e general way as
follows: Beginning at a point on the east line of said
Northwest quarter Southeast quarter (N71464) where the
same is intersected by a line drawn parallel with and
distant one hundred five (105) feet southwesterly, when
measured at rieht angles, from the center line of the main
track of the Northern Pacific Railway Coepeny as the same
is now constructed and operated; thence northeesterly along
said parallel line to a point in the Northwest quarter
Northeest quarter(!NWiyei) of said Section thirty-six (36);
thence curving to the right and crossing said center line
of main track at a point fifty-three (5) feet southeasterly
from the north line of said Northwest quarter Northeest
quarter (N4Ne4) when measured along seld center line of
main track.
For a more articular description, and as explanatory
hereof, reference lc made to the attached plat, which is
hereby made a part hereof and shows colored red the strip
above described.
The grantee shall not grant to any person or comp7 .ny
permission to construct or maintain e pole ljee on any port Lon of
the ebove described right of way and the Railway Company reserves
to itself the right to grant such pereits provided the pole lines
are so located as not to interfere with the use of the street or
road for public travel.
In the event that the grantor shell find that the right
of way, or any part thereof, the use of which is hereby permitted,
137
will be required for railroad purposes, said grantor will give ta
the grantee six months notice of its intention to resume 2ossession,
and will re-establish the highvvy on a new location in as good
condition as it w.,s at the time of taking possession, provided that
a new right of way therefor is furnished by the County or State.
Witnesses:
Dated this // day of October, 1925.
On this
STATE Oi MINNESOTA, )
: es.
COUNTY OF RAMSEY. )
N&LiTH:AN PACIFIC RAILWAY C:)-PANY,
3y
Attest:
( )
)
--
.1
• 4kt:""t7 Vice President-. P„Vit)
)1 2.
AcsiXint ec etary.
of October in the year 1025, before me
a notary public, ,)ersonally
appeared C.W.BUNV I to me known to be the Vice President of the
Northsrn Pacific Railway Company, the corporation which executed
the foregoing instrument, and w.io beift?: duly :i,Jrn did s,?y, that
the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument w,s signed and senled in behalf
of said corporation by authority of its Board of Directors, and the
said C.W.Bunn acknowledged said instrument to be the free act pnd
deed of ssid corporation.
.ki2/ ef;
138
139
Existing Utility Exhibit
140
EXISTING UTILITY EXHIBITNORTH050SCALE:1" = 100'10050P:\21349_02_North_Park_Master_Planning_TO_#2\CADD_C3D\PRODUCTION_DWG\21349.02_RED_WING_DR_EXHIBIT.dwg, EX A, 4/13/2022 9:01:12 AM, nhurley, 1:1
141
EXISTING UTILITY EXHIBITNORTH050SCALE:1" = 100'10050NORTHP:\21349_02_North_Park_Master_Planning_TO_#2\CADD_C3D\PRODUCTION_DWG\21349.02_RED_WING_DR_EXHIBIT.dwg, EX B, 4/13/2022 9:01:14 AM, nhurley, 1:1
142
Temporary Access Exhibit
143
MANLEYFR
O
NTA
GE
7THRED W
IN
G
INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL
FLORAF A R M V I E W
REEVESSACCOORVILLE
RAWHIDE
GALLATIN PARK
WHEATCOMMERCEI
NTERSTATE 907TH0 0.25 0.5Miles
March 2nd, 2022 Red Wing Drive Abandonment
Redwing DriveRetain (within City ROW)
Abandon (within MRL ROW)
Northwestern EnergyCrown Castle
Temporary Utility Access
We propose to construct a temporaryaccess road within a public accesseasement extending from the retainedportion of Red Wing Drive along theexisting parcel lines. This temporary roadwill provide access to the City ofBozeman, NorthWestern Energy, andCrown Castle sites. The road will beconstructed to Gallatin County's gravelroad standards, with 16' and 12' roadwidths.
Proposed Temporary Access
Crown Castle Access to be Abandonded
City of Bozeman Water PRV
144
Future Access Exhibit
145
WHEATFLORACULTIVAR
FAUNA
7THMANLEYFR
O
NTA
GE
INTERSTATE 90RED
WIN
G
BAXTERSIMMENTAL UNK19THLEAGRIFFIN
WHEAT
MANDEVILLE MAUSBOOT HILL
SACCOFLORANIKLES
FA R M V I E W
REEVESORVILLE
RAWHIDE
GILKERSONGALLATIN PARK
I
NT
E
R
S
T
AT
E 9
0
19T
H7TH0 0.25 0.5Miles
September 28th, 2021 Red Wing Drive Abandonment
Abandoned Red Wing Dr
Future Roads
Northwestern EnergyCrown Castle
Future Permanent Utility Access
Based upon the approved North ParkDevelopment Master Plan, four roads(Wheat Drive, Flora Lane, Cultivar Street,and Fauna Street) will be constructed inthe future to provide access to futuredevlopment. These new roads will alsoserve as permanent access routes to theNorthWestern and Crown Castle sites.Thus, the remainder of Red Wing Drive(except for the small portion connectingCultivar St to 7th Ave) and the temporaryutility access road connecting Red WingDrive to the untility sites will beabandoned once the new roads areconstructed.
146
APPLICATION FOR STREET/ALLEY VACATION
1. Name:________________________________________________________________________
2. Address and Phone Number:______________________________________________________
3. Street/alley name and written description of area to be vacated:
4.Attach a map/design of proposed vacation showing the following:
a.Location in City
b.Street/alley to be vacated
c.Applicant’s property
d. Adjacent property owners
e.Location of utilities
f.Adjacent buildings/fixtures
5.Names and addresses of adjacent property owners to proposed street/alley vacation:
Name Address
6.ATTACH SIGNED CONSENT LETTERS FROM EACH ADJACENT PROPERTYOWNER.
7.Is street/alley improved?Yes No
8.Attach statement from utility companies indicating consent, consent with conditions (statingconditions), or object to proposed vacation
9.Attach title report showing all ownership interests and easements in property abutting proposedvacation.
147
NON-REFUNDABLE APPLICATION FEE (FOR SIMPLE STREET/ALLEY VACATIONS)
Public Service: $60.00
City Clerk: $75.00
Police: $25.00
Fire $25.00
Planning: $10.00
Total: $195.00
For Complex Street/Alley Vacation:
Add 10% to above fee
Submission of Application for Street/Alley Vacation in no way obligates the City to vacate proposed street or alley. The ultimate decision for vacation is made by the City Commission, based on if proposed vacation is detrimental to the public interest.
Sanderson Stewart check number 2994 for $214.50 is included with this
application to cover the "complex" fee amount.
148
RED WING DRIVE ABANDONMENT
Application Narrative
Purpose
On behalf of Bozeman TRAX Partners, LLC (the applicant), Sanderson Stewart (the applicant’s
representative) is requesting the partial abandonment of Red Wing Drive in Bozeman, Montana.
Red Wing Drive is in actual existence. See the included map showing the location of Red Wing
within the City, the portion of the street to be abandoned and retained, the applicant’s properties,
the additional abutting properties, locations of public utilities, and adjacent buildings and fixtures.
This application specifically requests the abandonment of Red Wing Drive within Montana Rail Link
Right of Way (ROW), while retaining the portion within the City of Bozeman ROW.
This abandonment will allow the TRAX Partners, LLC and MRL to design and construct multiple
rail spurs to service the future industrial users at North Park.
Road Description
Red Wing Drive is located just west of N 7th Ave and runs southwest paralleling the Frontage Road
and the railroad tracks. The section to be abandoned extends from the intersection of Red Wind Dr.
and the Frontage Rd. (the northwestern-most extent) to the point it crosses the MRL ROW
boundary (the southeastern-most extent), which is
approximately 0.15 miles from North 7th Avenue. The road
averages 26 feet in width with a road surface of gravel and
remnants of dilapidated pavement.
Land & Uses Description
There are currently six properties that abut Red Wing Drive.
These properties are owned by Bozeman TRAX Partners, LLC, the State of Montana-DNRC,
Burlington Northern Santa Fe, and Montana Department of Transportation. The road is primarily
used for access to the railroad by MRL and as one of two access to the DNRC land. Red Wing
Drive also provides access to two utility sites operated by Crown Castle and NorthWestern Energy.
With the abandonment of Red Wing Dr., a temporary alternative access road will be constructed to
provide continued access to Crown Castle and NorthWestern Energy’s utilities (see included
Figure 1: Crumbling Pavement of Red Wing Dr.
149
exhibit). This temporary access road will be replaced when the North Park Master Site Plan (MSP) is
constructed and local streets will provide permanent access to the utility sites (see included exhibit).
NorthWestern Energy Utility
Site
Crown Castle Utility Site
Red Wing Drive
Railroad
Frontage Road
Abutting Property Owners
Below is a list of the abutting property owners and active users with their documented position on
the proposed abandonment noted. Formal letters from these owners and users are included in this
petition packet.
Bozeman TRAX Partners—Consent
Crown Castle Communications—No Response
Northwestern Energy—Consent
Montana Department of Transportation—Conditional Support
Montana Department of Natural Resources—No Position
Montana Rail Link—Consent
Figure 2: View of Red Wing Dr. (Looking southwest)
150
MANLEYFR
O
N
T
A
G
E
7THRE
D
W
I
N
G
INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL
FLORAFARM V
I
E
W
REEVESORVILLE
SACCORAWHIDE
GALLATIN PARK
WHEAT7THINTERSTATE
90
0 0.25 0.5Miles
January 17th, 2022 Redwing Drive Abandonment
Redwing DriveRetain (within City ROW)Abandon (within MRL ROW)
TRAX Partners
TRAX
Partners
BOZEMAN
Storm MainSewer Main Water Main
TRAX
Partners
Crown Castle
NorthWestern
Energy State of MontanaMT Dept of
Transportation
BNSF
(MRL)
151
MANLEYFR
O
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T
A
G
E
7THRE
D
W
I
N
G
INTERSTATE 90BAXTERSIMMENTAL UNK19THLEAGRIFFINMANDEVILLEMAUSBOOT HILL
FLORAFARM V
I
E
W
REEVESSACCOORVILLE
RAWHIDE
GALLATIN PARK
WHEATCOMMERCEINTERSTATE
907TH0 0.25 0.5Miles
September 28th, 2021 Red Wing Drive Abandonment
Redwing DriveRetain (within City ROW)
Abandon (within MRL ROW)
Northwestern EnergyCrown Castle
Temporary Utility Access
We propose to construct a temporaryaccess road within a public accesseasement extending from the retainedportion of Red Wing Drive along theexisting parcel lines. This temporary roadwill provide access to both NorthWesternEnergy's and Crown Castle's sites. Theroad will be constructed to GallatinCounty's gravel road standards, with a30' wide access easement and a 26'road width.
Proposed Temporary Access
Crown Castle Access to be Abandonded
152
WHEATFLORACULTIVAR
FAUNA
7THMANLEYFR
O
N
T
A
G
E
INTERSTATE 90RE
D
W
I
N
G
BAXTERSIMMENTAL UNK19THLEAGRIFFIN
WHEAT
MANDEVILLE MAUSBOOT HILL
SACCOFLORANI
K
L
E
S
FARM V
I
E
W
REEVESORVILLE
RAWHIDE
GILKERSONGALLATIN PARK
IN
T
E
R
S
TA
T
E
9
0
19TH 7TH0 0.25 0.5Miles
September 28th, 2021 Red Wing Drive Abandonment
Abandoned Red Wing Dr
Future Roads
Northwestern EnergyCrown Castle
Future Permanent Utility Access
Based upon the approved North ParkDevelopment Master Plan, four roads(Wheat Drive, Flora Lane, Cultivar Street,and Fauna Street) will be constructed inthe future to provide access to futuredevlopment. These new roads will alsoserve as permanent access routes to theNorthWestern and Crown Castle sites.Thus, the remainder of Red Wing Drive(except for the small portion connectingCultivar St to 7th Ave) and the temporaryutility access road connecting Red WingDrive to the untility sites will beabandoned once the new roads areconstructed.
153
Legal Description Property Owner Name Contact Name Contact Address
S36, T01 S, R05 E, COS2153A, Tract 1-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS2153A, Tract 2-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS2153A, Tract 4-B Bozeman Trax Partners LLC Casey Tippens 5148 US Highway 89, Livingston,
MT 59047
S36, T01 S, R05 E, COS3019, Area 6 State of Montana, DNRC Ryan Weiss PO Box 201601, Helena, MT
59620-1601
Railroad Right of Way Burlington Northern Santa Fe as
successor to Northern Pacific Railroad
Nick Bailey, P.E.,
Montana Rail Link
101 International Dr,
Missoula, MT 59808
Right of Way Montana Department of Transportation Jean A. Riley, P.E.2701 Prospect, PO Box 201001,
Helena, MT 59620
ZAL-MT08_SIMMENTAL (cell tower identifier)Crown Castle Sharry Bendel 1220 Augusta Drive Suite 500,
Houston, TX 77057
N/A NorthWestern Energy Pat Patterson 121 E Griffin Dr, Bozeman, MT
59715
Adjacent Property Owners
* See EXHIBIT A for Title Report
154
Bozeman (Main Office) AMERICAN LA�D (406) 587-5563 • (888) 405-5299
1800 West K��\���:£ ��it:�3
•8 P.O. Box 396 ••••••i■it-J§a Bozeman, MT 59715 • 59771-0396 v
Ennis (Branch Office)
(406)682-5299 • (800) 405-5299Fax: (406) 682-5288 3 Geyser Street • P. 0. Box 1248 Ennis, MT 59729 ennis@altc.bizbozeman@altc.biz www.altc.biz
OWNERSHIP REPORT -Red Wing Drive Project
Order#: RS-02841
See Attached image submitted with order request for REF#.
REF# Legal Tax ID Owner
1. Railroad Right of Way N/A Burlington Northern Santa Fe as successor to Northern Pacific Railroad
Montana Rail Link as Lessee
(Lease in Film 99 Page 1829)
2.COS2153A Tract 1-B *RFG44603 (1-A)Bozeman Trax Partners, LLC *RFG21678 (2-A)(Warranty Deed #27 40727) (Former Tract 1-A, 2-A, & Part 3-A of *RFG44604 (3-A)COS2153)
3. COS2153A Tract 2-B *RFG44604 (3-A)Bozeman Trax Partners, LLC *RFG44605 (4-A)(Warranty Deed #27 40727) (Parts Former Tracts 3-A & 4-A of COS2153)
4. COS2153A Tract 4-B *RFG44605 (4-A)Bozeman Trax Partners, LLC (Warranty Deed #27 40727)
(Part Former Tract 4-A of COS2153)
5. Area 6 as shown on COS3019 RFG83139 State of Montana (Book 89 of Deeds Page 76)
Bozeman TRAX Partners, LLC as lessee (Memorandum of Commercial Ground Lease #27 40728)
6.Right of Way N/A Montana Department of Highways (ROW deed Film 117 Page 879)
*Tax parcels as shown in public record do not yet reflect 2/4/2021 plat Certificate of Survey No. 2153A
This report is provided without benefit of a title examination. No liability is assumed for the completeness thereof. Plats may or may not be a survey of the land depicted herein. The company expressly disclaims any liability for alleged loss or damage which may result from reliance upon them.
EXHIBIT A
155
156
September 23, 2021
Casey Tippens
Bozeman Trax Partners LLC ctippens@gmail.com
*Contacted via email
Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 1-B
Dear Casey,
Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within
the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the
southeast extent of the railroad ROW.
Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon.
In accordance with the requirements of the Petition to Vacate as established by City of Bozeman
Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments,
please include them in the space below your signature, or attach a separate sheet of paper if necessary.
Your prompt attention to this matter would be greatly appreciated. If you have any questions
concerning this abandonment, please feel free to contact me at 406/922-4311 or cnaumann@sandersonstewart.com. Thank you.
Sincerely,
Chris Naumann Senior Planner
157
Mr. Casey Tippens
September 23, 2021
Page 2
Subject: Red Wing Drive Abandonment
Owner: Casey Tippens Bozeman Trax Partners LLC
Property: COS2153A, Tract 1-B
To: City of Bozeman, Gallatin County, MT
Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the
Montana Rail Link Railroad Right-of-Way.
Signed: _______________________________________________ Dated: _____________________
Printed Name: _________________________________________ Phone: _____________________
COMMENTS:
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September 23rd, 2021 Redwing Drive Abandonment
Redwing DriveRetain (within City ROW)Abandon (within MRL ROW)
Northwestern Energy
Communication Tower
Tower Access
Parcel 1
Parcel 1
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September 23, 2021
Casey Tippens
Bozeman Trax Partners LLC ctippens@gmail.com
*Contacted via email
Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 2-B
Dear Casey,
Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within
the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the
southeast extent of the railroad ROW.
Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon.
In accordance with the requirements of the Petition to Vacate as established by City of Bozeman
Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please
include them in the space below your signature, or attach a separate sheet of paper if necessary.
Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or
cnaumann@sandersonstewart.com. Thank you.
Sincerely,
Chris Naumann Senior Planner
160
Mr. Casey Tippens
September 23, 2021
Page 2
Subject: Red Wing Drive Abandonment
Owner: Casey Tippens Bozeman Trax Partners LLC
Property: COS2153A, Tract 2-B
To: City of Bozeman, Gallatin County, MT
Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the
Montana Rail Link Railroad Right-of-Way.
Signed: _______________________________________________ Dated: _____________________
Printed Name: _________________________________________ Phone: _____________________
COMMENTS:
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WHEAT
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SACCOFLORANIKLES
FARM V
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19TH 7TH0 0.25 0.5Miles
September 23rd, 2021 Redwing Drive Abandonment
Redwing DriveRetain (within City ROW)Abandon (within MRL ROW)
Northwestern Energy
Communication Tower
Tower Access
Parcel 2
Parcel 2
162
September 23, 2021
Casey Tippens
Bozeman Trax Partners LLC ctippens@gmail.com
*Contacted via email
Reference: Red Wing Drive Abandonment Property: COS2153A, Tract 4-B
Dear Casey,
Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within
the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the
southeast extent of the railroad ROW.
Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon.
In accordance with the requirements of the Petition to Vacate as established by City of Bozeman
Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please
include them in the space below your signature, or attach a separate sheet of paper if necessary.
Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or
cnaumann@sandersonstewart.com. Thank you.
Sincerely,
Chris Naumann Senior Planner
163
Mr. Casey Tippens
September 23, 2021
Page 2
Subject: Red Wing Drive Abandonment
Owner: Casey Tippens Bozeman Trax Partners LLC
Property: COS2153A, Tract 4-B
To: City of Bozeman, Gallatin County, MT
Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the
Montana Rail Link Railroad Right-of-Way.
Signed: _______________________________________________ Dated: _____________________
Printed Name: _________________________________________ Phone: _____________________
COMMENTS:
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SACCOFLORANIKLES
FARM V
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19TH 7TH0 0.25 0.5Miles
September 23rd, 2021 Redwing Drive Abandonment
Redwing DriveRetain (within City ROW)Abandon (within MRL ROW)
Northwestern Energy
Communication Tower
Tower Access
Parcel 3
Parcel 3
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DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
GREGGIANl'ORll;,GOVERNOR 1539 J,LEVJ1NTI I A Vl1Nlffi --STATE OF MONTANA-----
DIRECfOR'S OFFICE: (406) 444-21174 l'AX: (406) 444-2684
January 7, 2022
Bozeman City Commission
121 N Rouse Ave.
Bozeman, MT 59715
RE: Petition to Abandon a Public Road Red Wing Drive through Sec. 36-T1S-R5E
PO BOX 201601 IIEU1NA, MONTANA 59620-1601
Dear Commissioners,
The Department received notification of the proposed abandonment action affecting Red Wing Drive through the property described above. We appreciate the opportunity to provide input and upon
cursory review, the Department takes no position on the proposal at this time.
Should the proposal be modified or altered we would appreciate being afforded the opportunity
to re-engage and participate as necessary.
Sincerely,
��vJ� Ryan Weiss, Chief Real Estate Management Bureau
cc: Bozeman Unit Office
Right of Way Section
Property Management Section
166
September 23, 2021
State of Montana, DNRC (Owner)
Casey Tippens, Bozeman Trax Partners LLC (Lessee) ctippens@gmail.com
*Contacted via email
Reference: Red Wing Drive Abandonment Property: COS3019, Area 6
Dear State of Montana & Mr. Tippens,
Bozeman TRAX Partners, LLC (Petitioner) wishes to abandon the portion of Red Wing Drive within
the Montana Rail Link (MRL) Railroad Right-of-Way (ROW). The section of Red Wing Drive being petitioned for abandonment extends from the grade-crossing at Frontage Road and extends to the
southeast extent of the railroad ROW.
Attached is a map showing the adjacent parcels, with your parcel highlighted, and the portion of Red Wing Drive we are petitioning to abandon.
In accordance with the requirements of the Petition to Vacate as established by City of Bozeman
Resolution 3628, we respectfully request your written consent to abandon by signing this consent letter on page 2 and returning a signed copy to me via e-mail. If you wish to add any comments, please
include them in the space below your signature, or attach a separate sheet of paper if necessary.
Your prompt attention to this matter would be greatly appreciated. If you have any questions concerning this abandonment, please feel free to contact me at 406/922-4311 or
cnaumann@sandersonstewart.com. Thank you.
Sincerely,
Chris Naumann Senior Planner
167
State of Montana & Mr. Casey Tippens
September 23, 2021
Page 2
Subject: Red Wing Drive Abandonment
Owner: State of Montana Lessee: Casey Tippens
Bozeman Trax Partners LLC Property: COS3019, Area 6
To: City of Bozeman, Gallatin County, MT
Consent is hereby granted for the Petitioner to abandon the portion of Red Wing Drive within the Montana Rail Link Railroad Right-of-Way.
Owner
Signed: _______________________________________________ Dated: _____________________
Printed Name: _________________________________________ Phone: _____________________
Lessee:
Signed: _______________________________________________ Dated: _____________________
Printed Name: _________________________________________ Phone: _____________________
COMMENTS (Owner):
COMMENTS (Lessee):
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19TH 7TH0 0.25 0.5Miles
September 23rd, 2021 Redwing Drive Abandonment
Redwing DriveRetain (within City ROW)Abandon (within MRL ROW)
Northwestern Energy
Communication Tower
Tower Access
Parcel 4
Parcel 4
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ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY
THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM.
180
ORIGINAL DOCUMENT MAY HAVE POOR PHOTOGRAPHIC QUALITY
THIS DOCUMENT IS PROVIDED WITHOUT BENEFIT OF A TITLE EXAMINATION. NO LIABILITY IS ASSUMED FOR THECOMPLETENESS THEREOF. PLATS MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREIN. THE COMPANYEXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THEM.
181
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
SUBJECT:U.S. Environmental Protection Agency (EPA) update on a Prospective
Purchaser Agreement with Scout DAC, LLC for Idaho Pole Company property
located south of I-90.
MEETING DATE:April 19, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Listen to the presentation and ask questions.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The U.S. Environmental Protection Agency (EPA) is finalizing a Prospective
Purchaser Agreement with a potential developer of the Idaho Pole Company
property located south of I-90. EPA representatives will provide an overview
of the Prospective Purchaser Agreement and next steps including a formal
public comment period that will open in May and end prior to the developer
closing on the property =on June 30. Separately, EPA will discuss additional
work they are doing with the Idaho Pole Company to address the remaining
groundwater contamination of Idaho Pole Company property north of Cedar
St.
UNRESOLVED ISSUES:As identified by EPA.
ALTERNATIVES:N/A
FISCAL EFFECTS:N/A
Attachments:
sitemap.pdf
Treated Soils Area.pdf
proposedGWwork.pdf
Report compiled on: April 14, 2022
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