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HomeMy WebLinkAbout04-26-22 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.Authorize Absence D.1 Authorize the Absence of Deputy Mayor Terry Cunningham (Maas) E.FYI F.Commission Disclosures G.Approval of Minutes G.1 Approve the regular meeting minutes from: March 1, 2022 March 22, 2022 April 5, 2022 April 12, 2022 April 19, 2022(Chambers) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 26, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2550 663 5255 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 H.Consent H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Authorize the City Manager to Sign a Release and Reconveyance of Easements with Eastlake Professional Center, LLC for the Subdivision Preliminary Plat Eastlake Professional Center (21447)(Johnson) H.3 Authorize the City Manager to Sign Drainage Easements and a Sewer and Water Pipeline and Access Easement and Agreement with Rosa Johnson Development for the Boulder Creek Site Plan (19021)(Schultz) H.4 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Ives Property Owner, LLC for the Block 4 North Central Master Plan(Johnson) H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with VC Development, LLC for the Vance Thompson Vision Site Plan (21242)(Schultz) H.6 Authorize the City Manager to Sign Temporary Construction Permits with Edgerley Revocable Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project(Lonsdale) H.7 Authorize the City Manager to Sign a Fiscal Year 2023 Montana State University (MSU) Fire Service Agreement(Waldo) H.8 Authorize the City Manager to Sign a Professional Services Agreement with Desman Engineering for a Maintenance Manual to support maintenance needs in the Bridger Parking Garage(Veselik) H.9 Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle, Inc. for Engineering Services to Design and Permit the Relocation of an Existing Ice Control Well Located Within the Basement of Fire Station 1(Nielsen) H.10 Authorize the City Manager to Sign a Professional Service Agreement with Constructive Solutions Inc. for Pre-construction Consulting and Design Services for the Renovation of the Lindley Center(Ziegler) H.11 Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. for Engineering Services to Design and Permit the East Gallatin River Streambank Erosion Protection Project, CIP WW111(Nielsen) H.12 Authorize the City Manager to Sign a Task Order 2 with Baker Tilly Municipal Advisors for Financial Feasibility and Needs Analysis on Tax Increment Financing Assistance Request from Bozeman Lodging Group, LLC(Fine) H.13 Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement for Lobbying Services(Veselik) H.14 Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day and Designating June 19th as the Local Juneteenth Holiday(Giuttari) 2 I.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. J.Mayoral Proclamation J.1 Mayoral Proclamation Proclaiming Arbor Day(Andrus) K.Special Presentation K.1 Triannual Climate Plan Report (Meyer) L.FYI / Discussion M.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Taylor Chamber, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Deputy Mayor Terry Cunningham MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Deputy Mayor Terry Cunningham. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Deputy Mayor Cunningham informed City Manager Mihelich that he would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: January 19, 2022 4 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the regular meeting minutes from: March 1, 2022 March 22, 2022 April 5, 2022 April 12, 2022 April 19, 2022 MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020 the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. 5 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: 03-01-22 City Commission Meeting Minutes.pdf 03-22-22 City Commission Meeting Minutes.pdf 04-05-22 City Commission Meeting Minutes.pdf 04-12-22 City Commission Meeting Minutes.pdf 04-19-22 City Commission Meeting Minutes.pdf Report compiled on: April 6, 2022 6 Bozeman City Commission Meeting Minutes, March 1, 2022 Page 1 of 3 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, March 1, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Meeting Clerk (MC) Jesse DiTommaso A) 00:25:41 Call to Order - 6:00 PM - Via WebEx Video Conference B) 00:28:44 Pledge of Allegiance and a Moment of Silence C) 00:29:14 Changes to the Agenda CM Mihelich noted two changes to the agenda. The removal of item F7 and F11. D) 00:29:39 FYI Mayor Andrus shared in person meetings will begin on March 22, 2022. CM Mihelich introduced the new Finance Director, Rachel Harlow-Shalk. E) 00:32:17 Commission Disclosures F) 00:32:28 Consent 00:32:32 CM Mihelich provided the highlights of the Consent Agenda. 00:33:26 Mayor Andrus opened the consent agenda up for public comment 00:34:32 Carey Omland, Public Comment Carey Omland commented items F4 and F19 do not reflect the height agreements previously stated at City Commission Meetings. 00:37:11 Sean Casto, Public Comment 7 Bozeman City Commission Meeting Minutes, March 1, 2022 Page 2 of 3 Sean Casto commented the Canyon Gate Agreement does not reflect what the Commission voted on during the December 11, 2021 meeting in regards to height and REMU. 00:40:24 Motion I move to approve Consent Items 1 through 6, 8 through 10, and 12-19 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:41:28 Vote on the Motion to approve I move to approve Consent Items 1 through 6, 8 through 10, and 12-19 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:41:52 Public Comment There were no general public comments. H) 00:44:22 Action Items 02:19:36 Mayor Andrus called the meeting to recess. 02:26:45 Mayor Andrus called the meeting back to order. I) 02:26:47 Work Session 02:27:01 CM Introduction 02:27:15 Staff Presentation City Manager Mihelich, Economic Development Program Manager David Fine, and Community Development Manager Chris Saunders presented the unified development code incentives for affordability. They described the Bozeman Code Audit, recommended incentive edits to the Code, new PUD ordinances, and next steps. Staff asked the Commission to answer the following policy questions: Does the City Commission support surgical amendments to the code to implement the UDC affordable housing assessment (Clarion Report)? Does the City Commission support a new PUD process to support affordable housing? 02:48:29 Questions of Staff 8 Bozeman City Commission Meeting Minutes, March 1, 2022 Page 3 of 3 03:38:39 Public Comment 03:38:39 Public Comment 03:38:39 Public Comment 03:41:18 Jeanne Carter, Public Comment Jeanne Carter commented she did not understand why ADUs and lot sizes were not included on immediate short term changes list. 03:43:45 Maggie Oldershaw, Public Comment Maggie Oldershaw commented on the need for affordable rentals. 03:45:01 Marcia Kaveny, Public Comment Marcia Kaveny commented on a vacancy tax and parking adjustments. 03:48:16 Discussion and Direction to Staff Cr. Coburn answered yes to all staff questions. Cr. Pomeroy answered yes to all staff questions. DM Cunningham answered yes to all staff questions. Cr. Madgic answered yes to all staff questions. Mayor Andrus answered yes to all staff questions. J) 04:14:13 FYI / Discussion DM Cunningham asked staff to direct a public commenter on where to find the presentation and associated materials from the work session. Cr. Pomeroy noted the Urban Parks and Forestry Board meeting from February 24, 2022. K) 04:16:51 Adjournment 9 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 1 of 15 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 22, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Deputy City Clerk (DCC) Taylor Chambers A) 00:02:44 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:34 Pledge of Allegiance and a Moment of Silence C) 00:06:24 Changes to the Agenda • Mayor Andrus announced Consent Item G.8 will be moved to an action item to allow for further discussion. D) Authorize Absence E) 00:06:43 FYI • DM Cunningham acknowledged staff's work in adjusting to the events of the last two years. • CM Mihelich provided an update on the body-worn cameras implementation and recommended people visit the Engage Bozeman platform. F) 00:09:36 Commission Disclosures • DM Cunningham disclosed a conflict with the Parklands at Village Downtown. G) 00:10:05 Consent G.1 Accounts Payable Claims Review and Approval 10 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 2 of 15 G.2 Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Approval Finding of Fact and Order, Application 21447 (Quasi-Judicial) 21447 Eastlake Prof Cntr PP City Commission FOF Memo.pdf 21447 Eastlake Professional Center FOF staff rpt 03 03 22.pdf 21447 Applicant PP MOD Narrative.pdf 21447 Master Site Plan Green Plan.pdf 21447 Master Site Plan Phasing Plan.pdf 21447 Preliminary Plat MOD.pdf G.3 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2022 Curb Replacement Project to AV Construction, Inc., for the Purpose of Replacing Curb and Gutter on West Garfield Street AWARD.pdf Bid Tab.pdf G.4 Authorize the City Manager to Sign a Utility Easement and a Sewer and Water Pipeline and Access Easement and Agreement with Human Resource Development Council of District IX, Inc. for the Community First Griffin Place Site Plan, App. 21117 Sewer and Water Pipeline and Access Easement and Agreement. Utility Easement G.5 Authorize the City Manager to Sign Two Drainage Easements, a Public Access and Sewer Pipeline and Drainage Easement, a Public Street and Utility Easement, and Utility Easements with Montana State University Innovation Campus for the Industry Bozeman Site Plan, App. 21304 Drainage Easement Drainage Easement (2) Public Access and Sewer Pipeline and Drainage Easement Public Street and Utility Easement Utility Easement Utility Easement (2) G.6 Authorize the City Manager to Sign a Public Street and Utility Easement and a Utility Easement with Rainbow Creek Rental Properties, LLC for the Rainbow Creek Annexation, Application 18240 Public Street and Utility Easement Utility Easement G.7 Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County for a Business Continuity and Disaster Recovery Plan gallatin county city of bozeman business continuity plan MOA final.docx G.8 Authorize the City Manager to Sign a Grant Agreement with HRDC for Warming Center Operations Grant Agreement HRDC for Warming Shelter - 03102022 gs 3 11 22.docx HRDC Grant Application.pdf Copy of 2021-2022 BWC Yr-Round Costs.pdf 11 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 3 of 15 G.9 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC (AE2S) for Providing for On-call Engineering Services at the City of Bozeman Water Treatment Plant Professional Services Agreement G.10 Authorize the City Manager to Execute a Professional Services Agreement with HDR Engineering for Providing On-call Engineering Services at the City of Bozeman Water Reclamation Facility Professional Services Agreement G.11 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for 2022 Drought Tool Improvements PSA_AE2S_2022 Drought Tool Improvements.pdf Exhibit A_Scope of Work_2022 Drought Tool Improvements.pdf G.12 Resolution 5374 Intent to Vacate and Abandon a Portion of Red Wing Drive Entirely Within Railroad Right of Way Adjacent to Frontage Road, Gallatin County, Montana 20220322_Prelim Staff Report.pdf Resolution 5374 -Resolution of Intent.pdf Exhibit A.pdf NOTICE OF INTENT TO VACATE.pdf Adjacent Property owners.pdf Temporary Access Plan_Redwing Drive.pdf Existing Utilities Exhibit.pdf G.13 Resolution 5380 Intent to Create a Special Improvement Lighting District 771 for Bozeman CoHousing Resolution_5380-Intent_to_Create_SILD_771 (1).docx Exhibit A-Bozeman CoHousing.pdf Exhibit B-Bozeman CoHousing.pdf G.14 Ordinance 2090 Final Adoption of the 1919 Bridger Drive Zone Map Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential Moderate Density District, Application 21123 21123 1919 Bridger ZMA Ordinance 2090.docx 201386 - ZMA (executed) - 2022.01.25.pdf 00:10:15 City Manager Introduction CM Mihelich presented the highlights of the consent agendas. 00:11:56 Public Comment There were no public comments on Consent Items 1-7, 9-14, Consent II (H.1), and Consent III (I.1). 00:13:21 Motion to approve Consent Items G.1 through 7 & 9 through 14 as submitted. 12 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 4 of 15 Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:36 Vote on the Motion to approve Consent Items G.1 through 7 & 9 through 14 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:50 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance 2107 Provisional Adoption of the 2021 W. Lamme Street Zone Map Amendment to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356 Ordinance 2107.pdf ZMA Map_24X36.pdf 00:14:15 Motion to approve Consent II, Item 1 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:14:21 Vote on the Motion to approve Consent II, Item 1 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:14:41 Consent III 13 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 5 of 15 I.1 Parklands at the Village Downtown Major Subdivision Preliminary Plat Lot 1, Block 1 Findings of Fact and Order, Application 21419 (Quasi-Judicial) 21419 Lot 1 Block 1 The Parklands at the Village DT 4 PP FOF.pdf 00:15:05 Motion to approve Consent III, Item 1 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:15:14 Vote on the Motion to approve Consent III, Item 1 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 00:15:23 Public Comment Mayor Andrus opened General Public Comments. 00:16:02 Rick Gale, Public Comment Rick Gale commented on the grand opening of the Travis W. Atkins Veteran's Affairs clinic on March 18 in Bozeman. 00:16:56 Tom Keck, Public Comment Tom Keck commented on affordable housing and provided materials to the City Commission. He presented some of the efforts from Jackson Hole, Wyoming as an example to address affordability. K) 00:21:49 Action Items G.8 00:21:54 Authorize the City Manager to Sign a Grant Agreement with HRDC for Warming Center Operations Grant Agreement HRDC for Warming Shelter - 03102022 gs 3 11 22.docx HRDC Grant Application.pdf Copy of 2021-2022 BWC Yr-Round Costs.pdf 00:22:15 Questions of Staff 00:27:33 Public Comment 14 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 6 of 15 Mayor Andrus opened this item for public comment. 00:28:05 Brian Geyer, Public Comment Brian Geyer, Housing Director for HRDC commented on the use of these funds. 00:30:40 Motion to approve Consent Item G.8 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:30:53 Vote on the Motion to approve Consent Item G.8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.1 00:31:07 Continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres 21409 West Uni Annx-ZMA CC SR.pdf 00:31:27 Motion to continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 00:31:44 Vote on the Motion to continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 15 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 7 of 15 Jennifer Madgic Christopher Coburn Disapprove: None K.2 00:31:59 Continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 21458 Lumberyard ZMA Staff Report CC.pdf 00:32:13 Motion to continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 Christopher Coburn: Motion Terry Cunningham: 2nd 00:32:36 Vote on the Motion to continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 00:33:04 Bennett Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of REMU for a Property Addressed at 5532 Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd) and Generally Located Approximately One-half Mile West of South 19th Avenue on the South Side of Stucky Road, Application 21331 21331 Bennett Annx-ZMA CC SR - March 22 version.pdf 16 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 8 of 15 00:33:23 Staff Presentation Senior Planner Tom Rogers presented application 21331, the application location, entered the staff report, and the applicant submittal into the record, the overview of the parcel, the surrounding area, the FLUM, neighboring zoning, the requested zoning, the annexation goals & policies from Resolution 5076 and the MCA zoning criteria, the spot zoning criteria, and the recommendations. 00:41:25 Questions of Staff 00:56:07 Applicant Presentation Chris Budeski with Madison Engineering presented on behalf of the applicant. Mr. Budeski responded to questions about the infill nature of the project, adjacent infrastructure, existing structures and the current property owner, the proposed zoning, intent of the development plan. 01:02:08 Questions of Applicant 01:02:38 Public Comment There were no public comments on this item. 01:03:25 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Annexation. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:03:46 Discussion 01:08:10 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 17 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 9 of 15 01:08:24 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Zone Map Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:08:53 Discussion 01:21:04 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Zone Map Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.4 01:21:20 Resolution 5377 Creation of Special Improvement Lighting District 769, Norton East Ranch Phase 5 Resolution 5377-Creation of SILD 769 .doc 01:22:00 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the lighting district. 01:24:23 Questions of Staff 01:25:06 Public Comment There were no public comments on this item. 01:25:43 Motion to Adopt Commission Resolution No. 5377 / Creation of Special Improvement Lighting District #769, Norton East Ranch Phase 5 Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 18 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 10 of 15 01:26:01 Discussion 01:27:05 Vote on the Motion to Adopt Commission Resolution No. 5377 / Creation of Special Improvement Lighting District #769, Norton East Ranch Phase 5. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.5 01:27:17 Resolution 5379 Creation of Special Improvement Lighting District 770, Annex of Bozeman Resolution 5379-Creation of SILD 770 .doc 01:27:31 Staff Presentation Interim Finance Director Harlow-Schalk presented the lighting district. 01:29:45 Questions of Staff 01:30:00 Public Comment There were no public comments on this item. 01:30:27 Motion to Adopt Commission Resolution No. 5379 / Creation of Special Improvement Lighting District #770, Annex of Bozeman. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:30:44 Discussion 01:31:12 Vote on the Motion to Adopt Commission Resolution No. 5379 / Creation of Special Improvement Lighting District #770, Annex of Bozeman. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham 19 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 11 of 15 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:31:23 Recess Mayor Andrus called the meeting into a brief recess. 01:38:22 Call to Order Mayor Andrus called the meeting back to order. K.6 01:38:38 Ordinance 2106 Provisional Adoption Approving a Project in the Downtown Urban Renewal District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof Commission_Memo_Fire_Station_URP_Designation_032222.pdf Ordinance__2106_approving_Fire_Station_project.docx 01:39:01 Staff Presentation CM Mihelich presented the background of the Fire Station One (FS1) redevelopment project, the purpose of designating the project as urban renewal, the proposed incentives, the fiscal effects, the requirements of the project to qualify for Tax Increment Finance (TIF) funds, the Downtown Urban Renewal Board (DURB) actions, staff's recommended findings, an outline of the ordinance, and the recommended motion. 01:46:47 Questions of Staff 02:07:34 Clarification of City Attorney CA Sullivan provided clarification upon the TIF designation and future development. 02:09:10 Questions of Staff continued 02:18:36 Public Comment 02:19:01 Emily Talago, Public Comment Emily Talago commented on Montana Urban Renewal Law, the impediment of blight on redevelopment, the possibility to use the increment funds for other projects, workforce housing and AMI, the potential for current downtown employees to have first chance at ownership, and protections against short-term rentals. 20 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 12 of 15 02:22:27 Kevin Thane, Public Comment Kevin Thane commented in favor of the project but prefers to see workforce housing levels of AMI and the inclusion of additional housing funds or the sale of market rate units. 02:24:56 Ellie Staley, Public Comment Ellie Staley, Executive Director of the Downtown Bozeman Partnership on behalf of the Downtown Urban Renewal District board commented on the board's discussions, the board's objections to the process of the application in relation to the district's funds, the all-or-nothing approach of the funding, and the request for a differently structured process. 02:28:47 Kelly Ramirez, Public Comment Kelly Ramirez commented in favor of the project and favorably on the developer's proposal. 02:30:57 Jennifer Johnson, Public Comment Jennifer Johnson spoke in opposition to the project, that 120% of AMI does not qualify as affordable housing, should be a lower threshold, questioned why the City is selling below market value, the restrictions on a buyer from flipping the property or using the units as short-term rentals, and the opportunity to create additional revenue through a parking garage on the site. 02:34:08 Additional Questions from the Commission 02:35:31 Motion to approve the staff findings in the Commission Memorandum to provisionally adopt Ordinance 2106. Christopher Coburn: Motion Terry Cunningham: 2nd 02:35:50 Discussion 02:56:32 Vote on the Motion to approve the staff findings in the Commission Memorandum to provisionally adopt Ordinance 2106. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 21 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 13 of 15 K.7 02:56:45 Ordinance 2101 Provisional Adoption to Outline the Term and Conditions for the Sale of Fire Station 1 Prov_Adoption_Ordinance_2101_Sale_of_FS1.docx PSA Fire Station1 Sale.pdf 02:57:04 Staff Presentation Assistant City Manager Chuck Winn presented the Ordinance to outline the conditions of sale for FS1, background on the project, the timeline on the future process, and an overview of the deal points. 03:01:33 Questions of Staff 03:13:14 Questions of Potential Buyer 03:15:34 Public Comment 03:15:51 Emily Talago, Public Comment Emily Talago spoke in favor of the restriction of short-term rentals and asked whether HRDC would be the entity matching residents to the individual units, specifically to prioritize current downtown employees. 03:17:53 Motion to provisionally adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire Station 1 and requiring a restriction on short-term rentals in the property as part of the terms and conditions. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:18:20 Discussion 03:28:59 Vote on the Motion to provisionally adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire Station 1 and requiring a restriction on short-term rentals in the property as part of the terms and conditions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 22 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 14 of 15 K.8 03:30:25 Ordinance 2100 Provisional Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday Ord. 2100.pdf 03:30:37 Staff Presentation CA Sullivan presented the ordinance, an introduction from the strategic plan, the proposed Bozeman Municipal Code (BMC) changes, and the proposed motion. 03:32:59 Questions of Staff 03:33:17 Public Comment There were no public comments on this item. 03:33:52 Motion to provisionally adopt Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:34:25 Discussion 03:39:05 Vote on the Motion to provisionally adopt Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 23 Bozeman City Commission Meeting Minutes, March 22, 2022 Page 15 of 15 L) 03:39:11 FYI / Discussion • CM Mihelich responded to public comment on a real estate capture tax, which is not authorized by statute in Montana. M) 03:40:00 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 26, 2022 24 Bozeman City Commission Meeting Minutes, 04-05-22 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, April 5, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None A) 00:02:32 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) Pledge of Allegiance and a Moment of Silence C) 00:03:19 Changes to the Agenda City Manager Mihelich removed items H.4 and H.19 from consent and requested the continuance for action item M.4. D) 00:04:02 Public Service Announcements D.1 00:04:03 Recently Approved Citizen Advisory Board Minutes City Clerk Maas informed the Commission that the recently approved Citizen Advisory Board minutes have been posted. E) 00:04:14 FYI F) 00:04:33 Commission Disclosures Deputy Mayor Cunningham disclosed that, relating to consent item H.2, he is the executive director of a non-profit that had also applied for an open-space grant, but there is not a financial implication that should bar him from participating in the vote. G) 00:05:14 Approval of Minutes G.1 Approve the regular meeting minutes from: February 1, 2022 February 8, 2022 25 Bozeman City Commission Meeting Minutes, 04-05-22 Page 2 of 13 February 15, 2022 March 8, 2022 03-08-22 City Commission Meeting Minutes.pdf 02-15-22 City Commission Meeting Minutes.pdf 02-08-22 City Commission Meeting Minutes.pdf 02-01-22 City Commission Meeting Minutes.pdf 00:05:20 Motion I move to approve the combined minutes as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:05:28 Vote on the Motion to approve I move to approve the combined minutes as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:05:49 Consent City Manager Mihelich highlighted item H.3 and H.12 to the Commission. H.1 Accounts Payable Claims Review and Approval H.2 Ratify the City Manager's Signature on a Gallatin County Open Space Grant Application for Burke Park/Peet's Hill Expansion and Improvements Project 2022 Gallatin County Open Space Grant - City of Bozeman.pdf H.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $2,000,000 from the Bozeman Public Library Foundation for the First Installment for Construction Services for the Bozeman Public Library Expansion Bozeman Public Library Expansion Project - First Installment for Construction Services - Letter of Agreement.docx H.4 Accept Citizen Advisory Board Work Plans for 2022-2023 Sustainability Approved Work Plan.pdf Community Development Approved Work Plan.pdf Economic Vitality Approved Work Plan.pdf HPAB Work Plan Memo FINAL.pdf Transportation Advisory Board Work Plan 2022-2023.pdf H.5 Authorize the City Manager to Sign a Notice of Award for the Story Mill Road: Bridger Drive to Griffin Drive Reconstruction, Stormwater & Intersection Improvements Project to CK May Excavating Inc. for Schedules I - III in the amount of $2,001,068.70, and Final Contract Documents Once Received 26 Bozeman City Commission Meeting Minutes, 04-05-22 Page 3 of 13 Story Mill Notice of Award, Bid Tab and Award Recommendation.pdf H.6 Authorize the City Manager to Sign a Storm Water and Access Easement Located in City of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria LLC for the Bronken Warehouse Project (21389) Stormwater and Access Easement H.7 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with 2times7 Condominium for the Swiss Plaza SP (20372) Sewer and Water Pipeline and Access Easement and Agreement H.8 Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement with GKT Bozeman Gateway Phase 4, L.L.C. for the Bozeman Gateway PUD Phase 4 Apartments (22002) Water Pipeline and Access Easement and Agreement H.9 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-way Documents with Northwestern Energy for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20220405_NWE_ROW agreements for city signature.pdf H.10 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with William D. Engbretson Revocable Family Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20220405_Engbretson_ROW Agreements for City Signature.pdf H.11 Authorize the City Manager to Sign a Professional Services Agreement Between the City of Bozeman and CPS HR Consulting for the Recruitment of Finance Director and Community Development Director Positions Professional Services Agreement - Finance Director & Community Development Director.docx.pdf H.12 Authorize the City Manager to Sign a Professional Services Agreement for Construction Oversight and Project Management of the Yellowstone Fiber Project PSA Engineering_Fiber Buildout March 11 2022 V2.pdf H.13 Authorize the City Manager to Sign a Professional Services Agreement with MSI, LLC for Records Scanning and Destruction Project 22- PSA - MSI, LLC - Records Scanning and Destruction Services.docx Exhibit A - Scope of Work.pdf H.14 Authorize City Manager to Sign First Amendment to Professional Service Agreement with Morrison Maierle for Structural Assessments at the Swim Center Professional Services Agreement First Amendment - Morrison Mairle - Swim Center Structural Assessments.pdf H.15 Authorize the City Manager to Sign a Task Order 3 with Walker Consultants for Services Provided Under the Term Contract Relating to the Creation of an Employee Parking Program in Downtown Bozeman City of Bozeman Task 3 EPP Proposal_Updated.pdf H.16 Authorize the City Manager to Sign a Task Order DTN22-01 with Sanderson-Stewart for Structure Parking Feasibility Analysis Phase 3 URD Task Order DTN22-001 Complete 031422.pdf H.17 Resolution 5388 Intent to Create a Special Improvement Lighting District 772 for Blackwood Groves Resolution 5388-Intent to Create SILD 772.docx Exhibit A-Blackwood Groves.pdf Exhibit B-Blackwood Groves.pdf 27 Bozeman City Commission Meeting Minutes, 04-05-22 Page 4 of 13 H.18 Resolution 5393 Authorizing Change Order 1 with Highland Construction for Front Street Connector TOP Project Resolution 5393 Change Order No 1 with Highland Construction for Front Street Connector.docx 15022.02_ChangeOrder_1.pdf H.19 Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday Ord. 2100.pdf H.20 Ordinance 2101 Final Adoption Authorizing the City Manager to Sign a Purchase and Sale Agreement for the Sale and Conveyance of Fire Station 1 Adoption_Ordinance_2101_Sale_of_FS1.docx PSA Fire Station1 Sale 3 23 22 w STR restrictions FINAL.pdf 00:08:01 Public Comment Opportunity 00:08:33 Marilee Brown - Public Comment Marilee Brown chose to not give public comment. 00:09:07 Marcia Kaveney - Public Comment Marcia Kaveney chose to not give public comment. 00:09:56 Motion I move to approve consent items 1-3, 5-18 and 20 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:10:07 Vote on the Motion to approve I move to approve consent items 1-3, 5-18 and 20 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:10:22 Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2107 Final Adoption of the 2021 W. Lamme Street Zone Map Amendment to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356 Ordinance 2107.pdf 28 Bozeman City Commission Meeting Minutes, 04-05-22 Page 5 of 13 ZMA Map_24X36.pdf 00:09:19 Public Comment Opportunity 00:11:00 Motion I move to approve consent II item 1. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:11:12 Vote on the Motion to approve I move to approve consent II item 1. The Motion carried 3 - 2 Approve: Cyndy Andrus Terry Cunningham Christopher Coburn Disapprove: I-Ho Pomeroy Jennifer Madgic J) 00:11:30 Public Comment 00:12:28 Heather Grenier - Public Comment Heather Grenier of HRDC commented in favor of Resolution 5384. 00:14:02 Eleanor Cornish - Public Comment Eleanor Cornish commented in favor of Resolution 5384. 00:15:36 Carson Taylor - Public Comment Carson Taylor commented in favor of Resolution 5384. 00:17:08 Phyllis Bach - Public Comment Phyllis Bach commented in favor of Resolution 5384. 00:17:36 Glen Monahan - Public Comment Glen Monahan commented in opposition of Resolution 5384. 00:21:36 Danielle Rogers - Public Comment Danielle Rogers commented in favor of Resolution 5384. 00:24:08 Leona Riddleson - Public Comment 29 Bozeman City Commission Meeting Minutes, 04-05-22 Page 6 of 13 Leona Riddleson commented in favor of Resolution 5384. 00:28:24 Mary Wictor - Public Comment Mary Wictor commented on the Strong Towns Event taking place at City Hall on April 6th. 00:30:28 Marcia Kaveney - Public Comment Marcia Kaveney commented on the rate of high density approval throughout Bozeman and provided ideas for solutions to the Commission. 00:34:13 Danika Comey - Public Comment Danika Comey spoke in favor of Resolution 5384. 00:34:52 Amy Strader - Public Comment Amy Strader spoke in favor of Resolution 5384. K) 00:37:06 Mayoral Proclamation Mayor Andrus presented the Equal Pay Day Proclamation. K.1 Equal Pay Day L) 00:43:48 Special Presentation L.1 Equal Pay Day Report Equal Pay Day and City Progress Report 2022.pdf Special Presentation - Equal Pay Report.pdf Human Resources Director Cassandra Tozer presented the Equal Pay Day Report to the Commission. M) 00:52:21 Action Items M.1 00:52:26 The West University Properties Annexation and Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres 21409 West Uni Annx-ZMA CC SR.pdf 00:52:30 Staff Presentation City Planner Tom Rogers entered the staff report and applicant submittal to the record and presented Application 21409, West University District Annexation and Zone Map Amendment. 30 Bozeman City Commission Meeting Minutes, 04-05-22 Page 7 of 13 01:02:38 Questions of Staff 01:11:16 Applicant Presentation Barry Brown of West University, LLC introduced the project and provided background information on the property. Rob Pertzborn of Intrinsik Architecture presented the West University Project to the Commission. 01:17:55 Questions of Applicant 01:23:40 Public Comment Opportunity No public comment requests. 01:25:05 Motion Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Annexation. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:24:51 Discussion 01:28:45 Vote on the Motion to approve Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Annexation. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:29:00 Motion Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Zone Map Amendment. Jennifer Madgic: Motion Christopher Coburn: 2nd 31 Bozeman City Commission Meeting Minutes, 04-05-22 Page 8 of 13 01:29:38 Discussion 01:38:50 Vote on the Motion to approve Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21409 and move to approve the West University Properties Zone Map Amendment. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M.2 01:39:03 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District-Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 21458 Lumberyard ZMA Staff Report CC.pdf 01:39:10 Staff Presentation City Planner Chris Saunders entered the staff report and application materials into the record and presented Application 21458, Lumberyard Zone Map Amendment. 01:41:18 Questions of Staff 01:42:44 Applicant Presentation Property owner Rob Latinier introduced the Lumberyard Zone Map Amendment project to the Commission. Lee Elder with SMA Architects presented the LUmberyard Zone Map Amendment project to the Commission. 01:48:58 Questions of the Applicant 01:52:08 Public Comment Opportunity No public comment requests. 01:52:42 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt 32 Bozeman City Commission Meeting Minutes, 04-05-22 Page 9 of 13 the findings presented in the staff report for application 21458 and move to approve the Lumberyard Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:52:59 Discussion 01:58:40 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21458 and move to approve the Lumberyard Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M.3 01:58:54 Adoption of Resolution 5355 and Provisional Adoption of Ordinance 2096 the Riverside Annexation and Zone Map Amendment Annexing Approximately 57.9 Acres and Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density, Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21426 21426 Riverside Properties Annx-ZMA SR CC Apr 5 final.pdf Resolution 5355 Riverside Annexation final.pdf Resolution 5355 Exhibits A&B.pdf Riverside Annexation Extension of Servcies Plan 1.28.2022 21426.pdf Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf 01:58:58 Staff Presentation City Planner Chris Saunders entered the staff report and application materials to the record and presented Application 21426, The Riverside Annexation and Zone Map Amendment to the Commission. 02:03:43 Questions of Staff 02:06:38 Applicant Presentation Gene Gaines, resident of the Riverside community, introduced the Riverside Annexation to the Commission on behalf of the Riverside Property Residents. 33 Bozeman City Commission Meeting Minutes, 04-05-22 Page 10 of 13 Kevin Johnson of Dowell Engineering presented the Riverside Annexation project to the Commission. 02:19:28 Questions of the Applicant 02:21:55 Public Comment Opportunity No public comment requests. 02:22:38 Motion Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to adopt Resolution 5355 the Riverside Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution 5355, and authorize the City Manager to execute all documents and easements necessary to complete the annexation process. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:23:16 Discussion 02:29:52 Vote on the Motion to approve Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to adopt Resolution 5355 the Riverside Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution 5355, and authorize the City Manager to execute all documents and easements necessary to complete the annexation process. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:30:27 Motion Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:30:44 Discussion 34 Bozeman City Commission Meeting Minutes, 04-05-22 Page 11 of 13 02:32:16 Vote on the Motion to approve Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21426 and move to provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M.4 02:32:26 Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 21438 21438 Carroll ZMA CC Staff Report.pdf 02:32:52 Motion I move to continue item M.4 Carroll on Main Zone Map Amendment to April 12th. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:33:03 Vote on the Motion to approve I move to continue item M.4 Carroll on Main Zone Map Amendment to April 12th. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M.5 02:33:16 Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women) Resolution 5384.pdf 02:33:18 Staff Presentation Community Engagement Coordinator Dani Hess presented Resolution 5384 to the Commission. 35 Bozeman City Commission Meeting Minutes, 04-05-22 Page 12 of 13 02:35:54 Questions of Staff 02:47:18 Public Comment Opportunity 02:47:42 Patti Steinmuller - Public Comment Ms. Steinmuller commented in favor of Resolution 5384. 02:49:00 Jan Strout - Public Comment Ms. Strout commented in favor of Resolution 5384. 02:53:54 Motion Adopt Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women) Jennifer Madgic: Motion Christopher Coburn: 2nd 02:53:57 Discussion 03:09:08 Vote on the Motion to approve Adopt Resolution 5384 Establishing the City of Bozeman as a City for CEDAW (Convention on the Elimination of Discrimination Against Women). The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None N) 03:09:21 FYI / Discussion City Manager Mihelich informed the Commission that in the past months the Commission has approved hundreds of units to be built. Commissioner Madgic informed the Commission that Chuck Marone from Strong Towns will be giving a talk in the City Commission Room on April 6th. O) 03:10:50 Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 36 Bozeman City Commission Meeting Minutes, 04-05-22 Page 13 of 13 37 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, April 12, 2022 Present: Cyndy Andrus, I-Ho Pomeroy, Jennifer Madgic Absent: Terry Cunningham, Christopher Coburn A) 00:00:03 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:02:38 Pledge of Allegiance and a Moment of Silence C) 00:03:15 Changes to the Agenda City Manager Mihelich informed the Commission that Deputy Mayor Cunningham would be absent from the meeting. D) 00:03:32 Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn 00:03:44 Motion I move to authorize the absence of Commissioner Christopher Coburn and Deputy Mayor Terry Cunningham. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:03:56 Vote on the Motion to approve I move to authorize the absence of Commissioner Christopher Coburn and Deputy Mayor Terry Cunningham. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None E) 00:03:59 FYI 38 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 2 of 7 City Manager Mihelich acknowledged that it is Gallatin Valley Clean Up Week and announced that The City will host an annual clean up week April 23 - April 30. He also informed The Commission that May is National Historic Preservation Month. F) 00:06:06 Commission Disclosures None G) 00:06:11 Consent CM Mihelich highlighted consent items G.5 and G.7. G.1 Accounts Payable Claims Review and Approval G.2 Authorize the Mayor, or Their Designee, to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Extension for Gibson Brands, Inc. Amended Contract MT-BSTF-1-20-25B City of Bozeman - MT-BSTF-1-20-25 - Contract Extension Letter.pdf Gibson_Brands_-_Amendment_DoC Contract_MT-BSTF-1-20-25B.pdf Gibson Amended Business Assistance Agreement and Management Plan.pdf cc_memo_4-12-22_BSTF_Gibson_EXTENSION_FINAL_3.29.22.pdf G.3 The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-21-19A) and Grant Award Increase for Profitable Ideas Exchange LLC, authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $105,000 to the amended grant award amount of $195,000; an increase of $90,0000 cc_memo_4-12-22_BSTF_PIE_EXTENSION_FINAL G3.pdf 1.14.22 MT DoC BSTF PIE contract ext.pdf MT DoC Amended Contract PIE MT BSTF 1 21 19A.pdf BSTF Business Asst Agmt and Mgmt Plan PIE Contract Ext MT BSTF 1 21 19A.pdf Budget_Amendment Big Sky Trust Fund Contract Amendment PIE 4-12-22.docx G.4 Authorize the City Manager to Sign a Public Access and Utility Easement, Utility Easements, Access Easement, Trail Corridor & Utility Easement with Eastlake Professional Center, LLC for the Subdivision Preliminary Plat Eastlake Professional Center (21447) Trail Corridor & Utility Easement.pdf Utility Easement (2).pdf Utility Easement.pdf Public Access & Utility Easment.pdf Access Easement.pdf G.5 Authorize the City Manager to Sign a Professional Service Agreement with Sanderson Stewart for Frontage Road Pathway PSA_FrontagePathway_SandersonStewart.docx Exhibit A_FrontagePathway_Feasabilty_SOW.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Bozeman Site Services, LLC for Landscape Maintenance Services in the Parks and Trails District PSA Bozeman Site Services Zone 2 (Final).pdf 39 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 3 of 7 G.7 Authorize City Manager to Sign an Amendment to the Professional Services Agreement with Comcate Software, Inc to Provide Code Compliance Software to Enhance the Code Compliance Program Comcate First Amendment_Bozeman, MT_CEM_04022022.docx G.8 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), and 5519 Saxon Way 2022 April Second Addendum to Irrigation Maintenance PSA.pdf 21- Professional Services Agreement - Hydro Logistics Irrigation, LLC - Irrigation Services 2022 Scope of Services G.9 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old Landfill) and 5519 Saxon Way 2022 Second Addendum to Median & Grounds Maintenance PSA Professional Services Agreement 2022 Scope of Services G.10 Ratify the City Manager's Signature for a Second Amendment to the Professional Services Agreement with Summit Utility Services for Underground Utility Locating Services 22-_Amendment_2_-_PSA_Summit.pdf G.11 Authorize the Mayor to Sign a Notice of Opt-out for Regional Multi-Hazard Planning Process Bozeman Hazard Mitigation Plan Opt Out.pdf G.12 Resolution 5387 Authorize the City Manager to Request Distribution of Bridge and Road Safety and Accountability Program Funds Resolution 5387 Distribution Gas Tax.pdf 2022 BaRSAA Gas Tax Letter.pdf G.13 Resolution 5390 Authorizing the City Manager to Sign a Change Order 2 with CK May for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20220412_Resolution 5390_Change Order 2.pdf 20220412_GriffinDr&ManleyRd_ChargeOrderNo2.pdf G.14 Resolution 5395 Intent to Create a Special Improvement Lighting District 771 for Bozeman CoHousing Superseding Resolution 5380 Suerpseding Resolution 5395-Intent to Create SILD 771.docx Exhibit A-Bozeman CoHousing.pdf Exhibit B-Bozeman CoHousing.xlsx G.15 Ordinance 2106 Final Adoption Approving a Project in the Downtown Urban Renewal District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof Commission_Memo_Fire_Station_URP_Designation_032222.pdf Ordinance__2106_approving_Fire_Station_project.docx 40 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 4 of 7 00:07:33 Public Comment Opportunity No public comment requests. 00:08:07 Motion G) Consent Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:08:24 Vote on the Motion to approve G) Consent. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None H) 00:08:27 Public Comment No public comment requests. I) 00:09:44 Action Items I.1 00:09:48 Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 21438 21438 Carroll ZMA CC Staff Report.pdf 00:10:00 Staff Presentation City Planner Tom Rogers entered the staff report, applicant submittal and public comment to the record and presented the Carroll on Main Zone Map Amendment to the Commission. 00:14:40 Questions of Staff 00:15:55 Applicant Presentation Will Pete of the Carroll Companies and Charley Franklin of SMA Architects presented the Carroll on Main Zone Map Amendment to the Commission. 00:19:42 Questions of the Applicant 00:26:14 Public Comment Opportunity 00:26:48 Frank Walker - Public Comment Frank Walker commented on concerns regarding the compatibility of the future development for the project. 41 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 5 of 7 00:30:29 Response to Public Comment City Manager Mihelich acknowledged the concerns of the public commenter 00:30:54 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:31:31 Discussion 00:36:07 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None I.2 00:36:11 Final Adoption of the Canyon Gate Annexation Agreement to Annex Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive and Implementing Covenant, Application 21337 Resolution 5363 Canyon Gate Annexation 4-5-22 CC meeting.pdf Canyon Gate Annexation Map 12-16-21.pdf Canyon Gate Annexation Agreement executed 3-23-22.pdf Canyon Gate Covenants executed 3-23-22.pdf 00:36:16 Staff Presentation Community Development Manager Chris Saunders entered the packet materials to the record and presented the Final Adoption of the Canyon Gate Annexation Agreement to the Commission. 00:38:23 Questions of Staff 00:39:48 Public Comment Opportunity 00:40:09 Diana Sauther - Public Comment Diane Sauther commented in opposition of the action item. 42 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 6 of 7 00:43:48 Marcia Kaveney - Public Comment Marcia Kaveney commented with recommended changes to the agreement for the project. 00:45:47 Mary Wictor - Public Comment Mary Wictor commented with recommended changes to the agreement for the project. 00:50:31 Follow-up Questions of Staff 01:00:52 Motion Having reviewed and considered the revised Annexation Agreement and proposed Covenants, Conditions, and Restrictions, the staff presentation, public comment, and all information presented, I hereby rescind and nullify the City Commission's previous authorization, provided on March 1, 2020, to the City Manager to sign prior versions of these documents and hereby approve the revised Annexation Agreement and implementing covenant and authorize the City Manager to sign both documents. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:01:40 Discussion 01:06:24 Vote on the Motion to approve Having reviewed and considered the revised Annexation Agreement and proposed Covenants, Conditions, and Restrictions, the staff presentation, public comment, and all information presented, I hereby rescind and nullify the City Commission's previous authorization, provided on March 1, 2020, to the City Manager to sign prior versions of these documents and hereby approve the revised Annexation Agreement and implementing covenant and authorize the City Manager to sign both documents. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None J) 01:06:29 Other Agency Hearing J.1 01:06:39 Public Hearing of Two (2) Community Housing Projects Applying for Real Property Tax Exemption from Montana Board of Housing Project Description - Baxter Apartments.pdf Project Description - Comstock Apartments.pdf Notice of Public Hearing - Baxter Apartments.pdf Notice of Public Hearing - Comstock Apartments.pdf 01:06:52 Staff Presentation 43 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 7 of 7 Community Housing Program Coordinator Renata Munfrada presented the Community Housing Projects Applying for Real Property Tax Exemption from Montana Board of Housing to the Commission 01:09:04 Questions of Staff 01:09:13 Public Comment Opportunity 01:09:27 Diana Sauther - Public Comment Diana Sauther commented on affordable housing issues in the City. K) 01:12:22 FYI / Discussion L) 01:12:32 Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 44 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 19, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:06:03 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:08:28 Pledge of Allegiance and a Moment of Silence C) 00:09:00 Changes to the Agenda • Mayor Andrus announced the necessary authorized absence of Commissioner Coburn. 00:09:39 Motion to authorize the absence of Commissioner Christopher Coburn. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:09:46 Vote on the Motion to authorize the absence of Commissioner Christopher Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 45 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 2 of 6 Disapprove: None D) 00:09:47 FYI • CM Mihelich highlighted the Cabinets of Curiosity at the Story Mansion through May 6; Arbor Day will be commemorated on Friday, April 29 with the planting of 25 trees at Bronken Park; and, current drought status is being closely monitored. E) 00:11:56 Commission Disclosures • There were no disclosures. F) 00:12:02 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for Construction of the 2022 Street Improvements Project AWARD.docx BidWorksheet_8122334_Eval.pdf 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 AspenStringLights_Notice_of_Award.pdf 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 20220419_Rubie_ROW agreements for city signatiure.pdf F.5 Authorize the City Manager to Sign a MS4 Permit Reapplication Form, Providing Continued Compliance with State Stormwater Regulations 2021_NOI_MTR040000.pdf 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 BFD-Pintler Scope of Services Ex. A.pdf Bozeman Fire Department-Pintler Billing Contract.pdf 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 Professional Services Agreement with Route 1--April 2022.docx 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 20220419_Resolution 5396.pdf Exhibit A_Abandonment.pdf 46 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 3 of 6 F.9 Resolution 5397 Declaring the Royal 7 Motel Freestanding Sign at 310 North 7th Avenue, Bozeman, MT as Historically or Culturally Significant 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 00:12:07 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:13:06 Public Comment There were no comments on the Consent Agenda. 00:13:59 Motion to approve Consent Items 1 - 9 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:14:08 Vote on the Motion to approve Consent Items 1 - 9 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None G) 00:14:11 Public Comment 00:14:54 Leif Sundeen, Public Comment Leif Sundeen commented on operational communication deficiencies within the Recreation Program. 00:17:13 Mary Wictor, Public Comment Mary Wictor commented on the trainings offered to the Community Development Board by Chris Saunders, the announce upcoming UDC changes, the web site redesign, the opportunity to comment remotely, and the upcoming schedule for the UDC changes. H) 00:20:04 Action Items 47 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 4 of 6 H.1 00:20:05 Resolution 5375 Abandoning and Vacating the Portion of Redwing Drive Located Entirely Within the Railroad Right of Way Resolution 5375 - Resolution of Vacation.pdf Exhibit A.pdf 202204019_Staff Report_final.pdf Redwing Drive Abandonment Application.pdf 00:20:16 Staff Presentation Transportation Engineer Taylor Lonsdale presented the request to vacate and abandon portions of Redwing Drive; he presented the process, a summary of the staff report, and an overview of existing site access to private facilities. 00:26:00 Questions of Staff 00:30:11 Applicant Statement Chris Naumann from Sanderson Stewart was available for questions on behalf of the applicant. 00:30:36 Public Comment There were no public comments on this item. 00:31:24 Motion 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. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:31:52 Discussion 00:34:53 Vote on the Motion 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. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 48 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 5 of 6 Disapprove: None I) 00:34:58 Work Session I.1 00:34:59 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. sitemap.pdf Treated Soils Area.pdf proposedGWwork.pdf 00:35:46 Presentation Roger Hoogerheide, Remedial Project Manager for the Environmental Protection Agency (EPA) provided an update on the EPA's position on the Idaho Pole Property through two parts; specifically an Administrative Order on Consent negotiation with Idaho Pole Property to enforce cleanup operations, and a negotiated Prospective Purchaser Agreement to address concerns of a potential redevelopment. 00:42:08 Questions by the Commission 01:12:47 Public Comment Mayor Andrus opened this item for public comments. 01:13:25 Reno Walsh, Public Comment Reno Walsh commented on the potential impact of future infrastructure on the soil in the superfund site. 01:15:00 Response to Public Comment Roger Hoogerheide responded that he will address the public comment at the Northeast Neighborhood Association meeting. J) 01:15:36 FYI / Discussion CM Mihelich responded to concerns about the aquatics center, highlighted the anticipated report of a third party consultant review of the aquatics center operation, outlined a timeline for a potential new aquatics center; and, highlighted the upcoming UDC changes that will be coming in the coming months in advance of a large scale code rewrite. K) 01:19:28 Adjournment 49 Bozeman City Commission Meeting Minutes, April 19, 2022 Page 6 of 6 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 26, 2022 50 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 26, 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 https://www.bozeman.net/departments/finance/purchasing Report compiled on: April 15, 2022 51 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Release and Reconveyance of Easements with Eastlake Professional Center, LLC for the Subdivision Preliminary Plat Eastlake Professional Center (21447) MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Release and Reconveyance of Easements with Eastlake Professional Center, LLC for the Subdivision Preliminary Plat Eastlake Professional Center (21447). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Release and Reconveyance Report compiled on: April 8, 2022 52 53 54 55 56 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Karl Johnson, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign Drainage Easements and a Sewer and Water Pipeline and Access Easement and Agreement with Rosa Johnson Development for the Boulder Creek Site Plan (19021) MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign Drainage Easements and Sewer and Water Pipeline and Access Easement and Agreement with Rosa Johnson Development for the Boulder Creek Site Plan (19021). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Drainage Easement 1 Drainage Easement 2 Sewer and Water Pipeline and Access Easement and Agreeement Report compiled on: April 13, 2022 57 58 59 60 61 62 63 64 65 66 67 68 69 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Ives Property Owner, LLC for the Block 4 North Central Master Plan MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Ives Property Owner, LLC for the Block 4 North Central Master Plan. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: April 12, 2022 70 71 72 73 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with VC Development, LLC for the Vance Thompson Vision Site Plan (21242) MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with VC Development, LLC for the Vance Thompson Vision Site Plan (21242). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggest by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: April 14, 2022 74 75 76 77 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 with Edgerley Revocable Trust for the Griffin Drive and Manley Road Street and Stormwater Improvements Project MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits with Edgerley Revocable Trust 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 cost is of these Temporary Construction Permits is $1000.00. The funds for this are part of SIF001 Right of Way Acquisition. Attachments: 20220426_Edgerly Trust_Construction permits for city 78 signature.pdf Report compiled on: April 12, 2022 79 April 11, 2022 City of Bozeman c/o Taylor Lonsdale, PE 20 East Olive St. Bozeman, MT 59715 Reference: Griffin Drive-R/W Acquisition — Closing for Parcel 33 Dear Taylor: We’ve completed the temporary agreement with the owner of Parcel 33 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 check with the exact amount specified in the agreement. The check should be made out to the Edgerley Rebocable Trust in the amount of $1,000.00 and sent to Sanderson Stewart along with the original signed documents. 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 owner where required. The City is required to sign the Right-of-Way Agreement and two Temporary Construction Permits (notarized). Once the City completes the signing of the attached documents, I will proceed with closing out the agreement for this parcel. The permits will be recorded (if required), a copy of the final documents will be delivered to the property owner along with the check, 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. 80 81 82 83 84 85 86 87 88 89 90 91 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT: Authorize the City Manager to Sign a Fiscal Year 2023 Montana State University (MSU) Fire Service Agreement MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager's signature STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: Since the mid-1980’s, Montana State University has provided support for firefighting personnel, operations and maintenance, and small equipment purchases at Fire Station 2, located at South 19th Ave. This support is in exchange for fire safety services that benefit MSU, as described in Section 2 of the agreement. This agreement is in accordance with MCA 7-11-101 “Inter-local Cooperation Act”. The agreement is updated annually to reflect current personnel and operational costs. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS: The general fund will receive a payment of $232,373 .83 from MSU in November 2022 Attachments: City of Bozeman FY 23 Interlocal Agreement - Montana State University (MSU) - Fire Safety Services.pdf Report compiled on: April 10, 2022 92 THIS INTERLOCAL AGREEMENT is made and entered into this _____ of _____, 2022 by and between MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter referred to as "MSU" and the CITY OF BOZEMAN, Bozeman, Montana, hereinafter referred to as "CITY". WHEREAS, in accordance with the previously accepted recommendations, it is in the interest and the intent of MSU to provide support for the employment of additional CITY firefighting personnel so that Fire Station No. 2 can be operated on a full-time basis which will enhance the level of fire safety for MSU; and WHEREAS, Section 7-11-101 et seq., MCA provides that one or more public entities may agree to participate in the provision of any service; NOW, THEREFORE, the Parties agree as follows: 1. Purpose. The purpose of this agreement is to provide safety protection services in the area served by Fire Station No. 2. 2. Duration. The term of this agreement shall be from July 1, 2022 through June 30, 2023. This agreement shall expire on June 30, 2023, unless extended by mutual written agreement of the parties. This agreement may be extended by the mutual consent of both parties for one (1) year at a time. 3. Safety Services. The CITY will continue to employ sufficient personnel to operate Station No.2 in such a manner as to provide service to its first call area on a full-time basis. Personnel at Station No. 2 will: a. Provide fire protection, emergency medical, and hazardous materials response services; b. Upon reasonable request of MSU, provide International Fire Code inspections and other fire prevention activities, including staff training, escape routes, drill procedures, facility and equipment recommendations, facility pre- planning tours and similar activities on campus; and c. Prior to the fall opening of the MSU Residence Halls, cooperate with MSU personnel in the annual Fire Safety and Evacuation Training Seminar for all residence life personnel. 4. Payment. During the term of this agreement, MSU and the City shall contribute equally to the cost of wages, benefits and retirement contributions for those personnel operating Station No. 2, as well as toward the costs of utilities and capital improvements, as set forth in Exhibit A, attached hereto and incorporated herein by reference. Payment for MSU's FY 2023 contribution in the amount of $232,373.83 shall be paid to the City of Bozeman by November 30, 2022 93 5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1, 2023, the CITY shall submit to MSU a Fiscal Year 2024 OPERATIONS COST PROPOSAL for Station No. 2. 6. Termination. The parties may terminate this agreement prior to its June 30, 2023 expiration by mutual agreement in writing. 7. Indemnification. Montana State University agrees to indemnify, hold harmless and defend the CITY and its officers, agents and employees against any and all actions, suits, claims, demands, costs, judgments, expenses (including reasonable attorney's fees), and liability of any character whatsoever brought or asserted by a person, persons, property, business or any other entity, arising out of or resulting from or in connection with the performance of this agreement, provided however, that such claims, damages, losses and expenses are caused by the negligent acts, intentional tortious acts, errors or omissions of MSU, its employees, agents, or assigns. 8. Separate Legal Entity; Administration. There shall be no separate legal entity created as a consequence of this agreement. Administration of this agreement will be the responsibility of the Bozeman Fire Department. 9. Property. This agreement does not contemplate the acquisition of real or personal property. 10. Headings. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this agreement. 11. Entire Agreement. This agreement constitutes the entire agreement between the parties. No alterations, modification or additions to this agreement shall be binding unless reduced to writing and signed by the parties. No covenant, term or addition to this agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 12. Amendments. The terms and conditions of this agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 13. Severability. If any portion of this agreement is declared invalid, it is the parties' intent that the remaining portions of the agreement be given effect without the invalid portion, so long as the intent and the payment for services under the agreement are not thereby affected. 94 14. Recordation. MSU shall file this agreement with the Gallatin County Clerk and Recorder and the Montana Secretary of State as required by M.C.A. 7-11-07. Costs of recording shall be the responsibility of MSU. IN WITNESS WHEREOF, the parties have entered into this agreement on the date first above written. _____________________________________ John How, Associate Vice President, University Services Montana State University Date____________________ ______________________________________ Jeff Mihelich, City Manager City of Bozeman Date ___________________ 95 EXHIBIT A FY 2023 COST OF SERVICES 1. Wages, Benefits and Retirement Personnel base salary/month Battalion Chief Captain First Class Confirmed (Average monthly base salary: $6,266.73) Total annual base salary ($6,266.73 x 4 firefighters x 12 months): Benefits, Retirement contribution, Health Insurance (29%) Subtotal cost of wages, retirement, and benefits: $ 8,691.54 $ 7,182.39 $ 5,840.90 $ 5,156.02 $322,450.18 $ 93,510.55 $415,960.73 2. Building I Capital Costs Building Maintenance Utilities, Phones, Data, Radios, Mobile Data Terminals Subtotal Building I Capital $ 22,480.47 SUBTOTAL (wages and building/capital) 6% administrative fee $438,441.20 $26,306.47 GRAND TOTAL $464,747.67 MSU's 50% share: $232,373.83 96 97 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Desman Engineering for a Maintenance Manual to support maintenance needs in the Bridger Parking Garage MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:As a requirement for our Federal Transit Administration grant, the Parking Services Division is required to have a maintenance plan for the Bridger Parking Garage. Up until now, the City has not had an established plan for how to manage the long-term needs in the garage. Desman Engineering was selected after an RFP process to solicit bids for a firm to draft a maintenance manual for the Bridger Parking Garage. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:As proposed by the Commission FISCAL EFFECTS:The maintenance manual is budgeted for in the City Commission Approved FY22 Budget Attachments: PSA_with_Desman_Design_Management_for_Parking_Garage_Maintenance_Manual.pdf Report compiled on: April 7, 2022 98 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 26th 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, Desman Design Management, 7900 East Union Ave Suite 160, Denver, CO 80237, 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 31st day of December, 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: 99 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 2 of 15 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 100 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 3 of 15 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 101 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 4 of 15 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on 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. 102 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 5 of 15 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under 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 103 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 6 of 15 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be 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. 104 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 7 of 15 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Hoshi Engineer, Vice President, (hengineer@desman.com, 303-746-9471) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 105 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 8 of 15 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 106 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 9 of 15 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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 107 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 10 of 15 balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** 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 DESMAN, INC. By________________________________ By__________________________________ Jeff Mihelich, City Manager Steve Rebora, President and CEO 108 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 11 of 15 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 109 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 12 of 15 APPENDIX A April 15, 2022 Mr. Mike Veselik Economic Development Division City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59715 Re: Condition Assessment and Maintenance Manual for the Bridger Parking Garage Bozeman, MT ARCHITECTS STRUCTURAL ENGINEERS PLANNERS PARKING CONSULTANTS RESTORATION ENGINEERS GREEN PARKING CONSULTING Dear Mr. Veselik: DESMAN is pleased to submit the following proposal for professional engineering services for the Condition Assessment and Maintenance Manual for the Bridger Parking Garage in Bozeman, MT. Joining our team is Scott Elders, Principal of CDS Engineering for MEP/HVAC equipment condition assessment. CDS is a local mechanical/electrical firm based out of Manhattan, MT. Following is our Scope of Services and proposed fee to complete the project for the city. SCOPE OF SERVICES Review of Existing Drawings, Condition Survey/Repair Options/Maintenance Manual & Staffing Plan A. Review available existing documents, i.e., drawings, specifications, concrete test reports, previous condition survey reports and repair/preventative maintenance drawings and specifications, etc., in order to acquaint ourselves with the parking structure, prior to conducting the on-site survey of the facility. Prints of existing drawings will be used to record deficiencies within the structures during our field condition survey. B. Conduct an on-site visual observation review of the parking structure. The objective is to gain further information on the current configuration and degree of deterioration of the various structural, waterproofing and architectural elements that comprise the structure. This will assist us in developing recommendations for the repair and preventive maintenance manual. During our on-site survey, DESMAN staff will observe and record the physical condition and deficiencies of the following, as applicable: 1. General composition and condition of the structural systems and elements, including: accessible slab-on-grade (SOG), supported floor slabs, beams, spandrels, concrete and masonry walls, and 110 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 13 of 15 columns of the parking structures. The assessment will include evaluation of the following materials and conditions: a. Review concrete cracks, including significant structural and/or nonstructural cracks. DESMAN survey personnel will note the cracks which exhibit evidence of leakage during wet and rainy periods. b. Review concrete surfaces with selective “chain drag” or sounding of accessible concrete surfaces. As possible, our engineers will identify/locate areas of surface scaling, spalled and/or delaminated concrete, indicating deteriorated concrete or structural deficiencies. A selective 7900 E. Union Ave; Suite 925; Denver, CO 80237 www.DESMAN.com PHONE 303.740. 1700 FAX 303.740.1703 BOSTON CHICAGO CLEVELAND DENVER FT. LAUDERDALE HARTFORD NEW YORK PITTSBURGH WASHINGTON DC 111 Page 2 of 3 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 2 of 15 sounding evaluation will be performed on the vertical concrete elements including columns, and walls, etc. 2. Waterproofing materials and systems, such as joint sealants, expansion joint seals, traffic bearing waterproofing membrane, etc. Special attention will be focused on moisture leakage through control, construction and expansion joints especially on the top level of the garages. 3. Architectural systems, materials, components and hardware, such as: doors, windows, handrails, stairways, stair/elevator tower enclosures, fencing, parking technology, exterior spandrel panels, connections and parapet walls 4. MEP equipment: HVAC systems, fire suppression and sprinkler systems, oil sand interceptor, water and sewer facilities, electrical standpipes and floor drains. Floor areas where there is evidence of ponding water will be noted, since these areas may require supplemental drains to alleviate drainage issues. 5. We will also directly coordinate our restoration efforts with the local MEP Engineer responsible for the evaluation and condition assessment of HVAC systems. C. Based on the condition survey, DESMAN will prepare a draft “Parking Garage Operations & Maintenance Manual” (manual) specifically tailored to this project. This manual will provide city staff with guidelines for maintaining the parking facility in a serviceable condition that minimizes safety hazards and maintains the structural integrity of the facility. We will include practices and procedures which we consider essential to the prevention of the deterioration to the structural components and building and parking equipment. Included will be preliminary estimates of probable construction costs for the recommended repair and preventive maintenance program and facility upgrades (EV charging stations, solar panels, etc.) and a staffing plan with estimated hours for the garage repairs, maintenance and upgrades. D. Discuss the manual with the city via conference call. We will then incorporate revisions to the manual and re-issue a ‘final’ copy to the city. E. Present the ‘final’ maintenance manual to city officials. FEE PROPOSAL DESMAN proposes a lump sum labor fee of $36,680 to complete the Scope of Services presented above. The labor fee includes services to be provided by a local MEP Engineer for the garage’s HVAC systems. Reimbursable expanses for travel, copying, printing and reprographics are in addition to the labor fee and estimated to be $2,000 for a two-person trip to Bozeman for the kick-off meeting, condition assessment and crack mapping throughout the garage. If the presentation of the Maintenance Manual to city staff is in person, a second one-person trip to Bozeman will be required for an estimated travel expense of $800. As is always the case, our reimbursable expenses will be billed at cost with no mark up. Following are our current hourly rates by personnel classification for additional services requested by the city not outlined herein: 112 Page 3 of 3 Professional Services Agreement for FY22 Parking Garage Maintenance Manual FY2022 Page 3 of 15 Employee Classification Hourly Rate Project Manager $190.00 Senior Engineer/Architect/Planner $180.00 Engineer/Architect/Planner Valid through December 31, 2022 $170.00 CLOSURE On behalf of DESMAN’s team of professionals, we thank you for this opportunity to submit the enclosed technical and fee proposal. Should you have any questions or concerns regarding this submission, please do not hesitate to contact me. We look forward to working with you on this assignment. Sincerely, DESMAN Inc. Hoshi Engineer, PE, SE Vice President 113 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Lance Lehigh, Interim City Engineer SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Morrison-Maierle, Inc. for Engineering Services to Design and Permit the Relocation of an Existing Ice Control Well Located Within the Basement of Fire Station 1 MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement with the firm of Morrison-Maierle, Inc. providing engineering services to design and permit the relocate an existing ice control well located within the basement of Fire Station No. 1. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Historically the City has dealt with the operation and maintenance challenges presented by the seasonal freezing and ice damming of Bozeman Creek. To prevent the buildup of ice dams with in the creek corridor in the downtown area, City Street Department personnel would enter the creek with chest waders and tools to manually brake up or remove ice. In an effort to prevent this hazardous and laborious task from perennially occurring, a series of ice control wells were installed along the downtown reach of Bozeman Creek to introduce supplemental heat from groundwater to reduce the buildup of ice. The largest of these ice control wells is currently located at 34 N Rouse Avenue within the basement of Fire Station 1. With the construction of the Bozeman Public Safety Center at 901 N. Rouse the Bozeman City Commission determined, by a vote of 5-0 on July 27, 2021, that Fire Station 1is no longer needed for public use and the public interest would be furthered by the sale of the property. With the sell and vacation of the property the ice control well must be relocated to allow continued use of the water right to prevent ice buildup within Bozeman Creek. City Engineering staff advertised a request for proposal on November 14, 2021 to provide professional services to design and permit the relocation of the well. One proposal was received. City staff determined that the submitting firm, Morrison Maierle, Inc., was qualified to provide the 114 necessary services. A detailed breakdown of the services provided under this agreement are included in the attached scope and fee schedule. It should be noted that scope of services does not provide for construction inspection services. An amendment is anticipated to this professional services agreement scope of service for construction inspection services at the time a construction contract is awarded. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:This contract will be funded by sell proceeds of Fire Station No. 1, of which $100,000 is planned for this project. Attachments: Professional Service Agreement Report compiled on: April 13, 2022 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Project Coordinator Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Constructive Solutions Inc. for Pre-construction Consulting and Design Services for the Renovation of the Lindley Center MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Professional Service Agreement with Constructive Solutions Inc. for pre-construction consulting and design services for the renovation of the Lindley Center. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2, 2021 the voters of the City of Bozeman approved a bond measure to fund the renovation of three recreation facilities, including the Lindley Center. In order to evaluate project feasibility, develop renovation plans and prepare to put the project out to bid, preliminary architectural pre-construction consulting and design services are needed. These services will advance the development and bidding of these projects by providing Existing Conditions Documentation, Schematic Design, Design Development and Cost Estimation services. The pre-construction consulting and architectural design services provided conclude with completed construction plans and their submittal to both the City of Bozeman Planning and Building departments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Expenses related to this pre-construction consulting and design agreement are to be expensed on a time and materials basis not to exceed the amount of $39,750.00. The pre-construction consulting services provided conclude with completed construction plans and their submittal to both the City of Bozeman Planning and Building departments. Funds to support this work will come from the LNDIMP - Lindley Center Improvements project fund. 131 Attachments: Professional Service Agreement - Constructive Solutions Inc. - Lindley Recreation Center Renovation Pre-Construction Consulting and Design.pdf Report compiled on: April 14, 2022 132 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 1 of 12 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, Constructive Solutions Inc., PO Box 11529, Bozeman, MT 59719, 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 26th day of April, 2023, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 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 133 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 2 of 12 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be 134 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 3 of 12 paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and 135 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 4 of 12 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. 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 136 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 5 of 12 willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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: 137 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 6 of 12 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 138 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 7 of 12 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator 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 _____________________ or such other individual as 139 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 8 of 12 Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall 140 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 9 of 12 be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 141 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 10 of 12 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 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. 142 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 11 of 12 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than the 26th of April, 2024. **** 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. 143 Version 8 30 21 Professional Services Agreement for [Lindley Renovation Pre-Construction Consulting and Design] Page 12 of 12 CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 144 EXHIBIT A 145 Page 1 of 4 PO Box 11529 111 S. Grand Ave, Suite 223 Bozeman, Montana 59719 (406) 404-1560 REMODEL DESIGN SCOPE OF SERVICES FOR LINDLEY CENTER RENOVATION This Scope of Services is an addendum to the Professional Services Agreement provided by The City of Bozeman, Montana (Owner/Client) and is an agreement between Owner and Constructive Solutions, Inc. (CSI and/or Consultant) regarding Pre-Construction Consulting and Design services for a renovation project located at: 102 E Curtiss St, Bozeman, MT 59715 (Lindley Center). Constructive Solutions Inc. will provide pre-construction consulting services that concludes with completed construction plans and their submittal to both the City of Bozeman Planning and Building departments. This process will proceed as follows: Phase 1: Existing Conditions Documentation 1. Review of Lindley Center structure and existing engineering reports 2. Obtain additional professional reports as needed (costs for additional professional reports not included in Not-To-Exceed amount) 3. Determination of level of alteration to the site required to achieve project’s goals 4. Develop as-built drawings from field measurements and/or client-provided plans CSI understands that access to the interior of the building is limited and needs to be coordinated with the Client. Phase 2: Schematic Design And Preliminary Cost Estimation 1. Incorporation of project’s goals into the drawing set. Including but not limited to: a. Structural improvements b. Bathroom upgrades/ADA compliance c. Improvements/repairs in weather protection d. Develop order of magnitude cost estimation to determine feasibility of project completion inside allocated construction budget. Phase 3: Design Development And Construction Documents 1. Development of submittal plans, design revisions (one round of revision included in Not-To-Exceed amount), and submittal consulting 2. Generation of construction documents and plan required to support the bidding and execution of the project. 146 Page 2 of 4 Phase 4: Analysis Of Projected Construction Costs On A Division Level 1. Statistical analysis based on CSI performed prior construction projects. 2. Given market volatility, cost assessments are unfortunately unreliable. At the completion of this contract, CSI will provide a “best-guess” of projected costs. However, the accuracy of this amount can not be guaranteed. It is highly recommended to delay cost-based decisions until such time as formal bids can be secured. Invoices will be submitted on a time and materials basis and will be based on the following rates (subject to the Not-To-Exceed amount below): CSI Principal: $175/hr Licensed Architect: $175/hr Project Administrator: $150/hr Designer / Project Manager: $125/hr Admin / Consultant: $90/hr All other costs will be billed with a 15% markup over the actual cost. Such costs can include, but are not limited to: 3rd-party consultants, additional blueprints, administrative fees, permitting or application fees, copying, printing, etc. The above scope of work has a Not-To-Exceed amount of $39,750 (thirty-nine thousand seven hundred fifty dollar and zero cents). Constructive Solutions is aware that the Client has already received and provided engineering reports for the building. CSI will endeavor to use those reports rather than solicit new ones. In the event that there is necessary information not included in the existing reports, CSI will contract with a licensed engineer to obtain that information. Costs of additional engineering reports are notable exception to the Not-To-Exceed amount. Payment schedule is as follows: CSI Invoices monthly for work completed. Payment is due within 15 days of invoice delivery. Work will commence in accordance with mutually agreed schedule. Constructive Solutions Inc. policy dictates a 40-hour work-week. Any overtime required by Client’s schedule constraints will constitute a change order. Job scheduling will be finalized upon proposal acceptance. Any deviations/additions from above Scope of Services involving changes in cost shall be performed only upon documented approval. The change order shall specify the expected amount of additional cost and scheduling consequences. These change orders will become addendums to the proposal set forth above. Changes and Change Order Management will be billed according to rates outlined above and will not apply to the Not-To-Exceed amount. All computer models contain proprietary information and are to remain the property of Constructive Solutions, Inc. CSI holds the Copyright to all instruments of service and grants the owner a single-use license to use the instruments of service for the construction of their project at the project address listed in this contract. 147 Page 3 of 4 At any time during the consultation process, either the client or Constructive Solutions Inc. may choose to terminate the working relationship. In such a case, the client retains all physical drawings and other documentation generated for the project. CSI will submit a final bill for work completed through the date of termination within fifteen days of the termination date, offset by the remaining retainer. CSI will return clients' retainer balance, if any, with the final bill. In the event of legal costs incurred in the execution of this contract, the party deemed at fault will pay all legal costs. Invoices for consulting work will be submitted monthly. Payment for invoices must be received by CSI within 7 days of invoice delivery, or work stoppage and lien filing may result. CSI carries commercial liability insurance and workers compensation insurance, proofs of which are available upon request. Thank you for choosing Constructive Solutions Inc. for the commencement of your adventure. We look forward to working with you on the Lindley Center Project. Authorized Client acceptance: ___________________________ Client Signature ___________________________ Printed Name/Position ___________________________ Date Authorized CSI acceptance: ___________________________ CSI Signature David Griff, CFO for CSI________Printed Name/Position April 14, 2022_________________ Date 148 Page 4 of 4 EXCLUDED ADDITIONAL SERVICES The following items are not included in the CURRENT scope of services and its not-to-exceed budget, but are often part of the pre-construction design process. Upon request, Constructive Solutions is happy to provide/coordinate any, or all, of the following or any other design services as requested. Phase 1: Existing Conditions Documentation 1. Floodplain designation and design requirements 2. Condition and capacity of water/sewer/septic systems 3. Survey of property and topography of building site by an outside engineer Phase 2: Schematic Design 1. Individual room-by-room itemization of floor, wall, ceiling, plumbing/mechanical finishes Phase 3: Design Development 1. Specify Mechanical Equipment, if applicable 2. Preparation of construction project scope of work and/or Requests for Proposals (RFPs) based on plans and site information 3. Line Item material and labor takeoffs 4. Consultation and site visits with subcontractors, as needed, to define scope of work and solicit bids 149 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resource Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. for Engineering Services to Design and Permit the East Gallatin River Streambank Erosion Protection Project, CIP WW111 MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute Task Order No. 1 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing engineering services to design and permit the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Bozeman Water Reclamation Facility (WRF) under a Master Task Order Agreement entered into on March 22, 2022. Attached is Task Order 1 providing for engineering services to design and permit the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111. During the spring runoff of 2018, an avulsion event occurred along the East Gallatin River impacting a reach adjacent the City’s Water Reclamation Facility (WRF), specifically cutting off the channel receiving the facility’s outfall. The City took immediate steps to reestablish the channel and armor the streambank at the primary point of failure. Since the completion, a secondary location on the channel, partially destabilized during the original event, has begun to quickly erode. The City has identify the need to stabilize the bank at this location to protect the City’s outfall channel, reduce sediment load to the East Gallatin River, as well as improve the safety for individuals walking or wading the river at the given location. This task order covers the design and permitting of the work necessary to stabilize the bank, as well as the solicitation of contractors for construction. The goal will be for construction to occur the fall/early winter of 2022. UNRESOLVED ISSUES:None 150 ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Task Order 1 is to be paid on a time and materials basis with a total cost not to exceed of $23,269. Funding will be provided from the FY22 Wastewater Fund from the CIP No. WW111 project budget, set at $100,000. This will leave a total of $76,731 within the project budget to cover the cost of construction and inspection of the project. Attachments: Professional Service Agreement 22- Professional Services Master Agreement - HDR Engineering - On-call Engineering Services Report compiled on: April 14, 2022 151 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 01 Issued under the authority of Professional Services Agreement between the City of Bozeman and [INSERT CONTRACTOR NAME] for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility, including but not necessarily limited to engineering design, preparation of construction documents, project bidding, and construction administration services for various improvement projects. This Task Order is dated , 2022 between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Griffin Nielsen Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) A. East Gallatin River Restoration (Bank 2) Scope See Attachment 1 for scope of work details COMPENSATION: HDR shall be reimbursed on a Time & Materials basis not to exceed the budget amount presented, without prior written authorization from the City of Bozeman. HDR shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. HDR shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No. 152 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 1 of 6 Attachment 1 – East Gallatin River Restoration (Bank 2) Scope Introduction The City of Bozeman (City or COB) discharges treated effluent from its Water Reclamation Facility (WRF) through an outfall into the main channel of the East Gallatin River (hereafter referred to as discharge channel). In May of 2018 an avulsion event completely cutoff the discharge channel and the full flow of water was routed to a new channel (hereafter referred to as avulsion channel). The City took action to restore the East Gallatin River to the discharge channel by reconstructing the avulsed bank and adding a channel plug to help prevent a future avulsion at this location. To further enhance the stream through the City’s property, the City has expressed interest in rehabilitation of the rest of the stream within the immediate location of the outfall. The bank (Bank 2) located immediately downstream of the recently completed project was previously stabilized (riprap) but that remedy has failed. Currently, Bank 2 is quickly eroding and providing a source of sediment for the stream. This bank is a high terrace on the outside limits of the active floodplain and a good candidate for stabilization without impacting normal channel function. The COB has expressed interest in re-establishing bank stability to provide stream stability and safety to foot traffic. The following scope of work is to provide engineering services to the COB for design, permitting and construction services for stabilizing Bank 2 along the East Gallatin River. The goal of this project is to design a bank to provide stability to the channel, reduce sediment point source of the East Gallatin River, and improve safety concerns for recreating public while also meeting local, state, and federal permitting requirements. Project Schedule The project schedule is set with the goal that construction of this project will take place during the fall/early winter of 2022. Assumptions: · Notice to Proceed (NTP) will be received by HDR in March 2022. · COB will provide review comments in a timely fashion as presented in the assumption sections for the following tasks. · Regulatory agencies will grant permits in a timely fashion. 153 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 2 of 6 Scope of Services Task 1: Project Management and Quality Assurance/Quality Control Services Description of Work: The scope, schedule, and budget will be monitored so that the project moves forward. Each deliverable will be reviewed to verify work products meet the standard of care. Sub Tasks: 1.1 - PROJECT MANAGEMENT & COORDINATION OF WORK This task includes project management services during the entire life of the project, including: · Monthly Invoicing and Monthly Reports · Project Delivery Administration: Budget & Schedule Controls · Kickoff meeting to establish communication protocol, project understanding, available data, project schedule, and roles of the COB and HDR. · Quality Assurance/Quality Control Services o Review of each deliverable according to HDR’s quality management procedures. o Quality Assurance/Quality Control is integrated into each deliverable’s budget. Assumptions: · Project management effort is a function of the project duration and is based on the schedule included with this scope of services. NTP is anticipated in March 2022, with participation assumed to be completed with project construction in December 2022. Additional project coordination or an extended project schedule may require a contract amendment. Deliverables: · Monthly invoice and project status updates. Task 2: Hydraulic Analysis and Design Description of Work: Task includes data collection, design and preparation of plans and specifications for the proposed restoration work.. Sub Tasks: 2.1 – DATA COLLECTION A site visit will be conducted to document current site conditions and to note changes since previous survey data collection. 154 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 3 of 6 2.2 – HYDRAULIC MODEL The effective FEMA hydraulic model (HEC-RAS format) for the East Gallatin River developed for the previously performed Avulsion Project will be used to determine hydraulic design parameters and to inform permit applications. 2.3 – DESIGN AND LAYOUT Results of subtasks 2.1 and 2.2 will be used to develop plans, and engineer’s estimate of probable costs for reconstruction of the eroded riverbank (Bank 2). It is anticipated that the design will consist of a hardened toe (riprap) set below scour depth and extending to the 2-yr water surface elevation overlain by coir fabric bank wraps for short term upper bank stability. Willow cuttings and a riparian seed mix will be incorporated into the upper bank for long term bank stability. HDR will prepare and deliver 35% design plans to the COB for review and comment prior to completion of plans. HDR will lead a 35% design review meeting with the COB. Upon acceptance of the 35% design, HDR will develop 90% design plans for the COB review and comment. COB comments will then be incorporated into 100% design plans. Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. Assumptions: · COB will provide existing site information such as as-built, LiDAR data and utility drawings, if available, free of charge to HDR. · COB will provide available data to HDR within two (2) weeks of NTP. · Addressing eroding banks, channel modifications, or potential avulsion at other locations within the project reach are not included. · Topographic survey data from the previous avulsion project will be used for project layout. · The effective FEMA adopted hydraulic model is readily available at no cost to HDR and will be used to inform permit applications. · Design parameters determined for the previous avulsion project will be used to prepare plans and specifications for this project. · Specifications for construction of the project will be included on the drawings prepared by HDR. · COB will provide review comments within two (2) weeks of receiving documents. · Design of utility relocation (if necessary) is not included. Deliverables: · 35% Design Documents (electronic PDF copy) · 90% Design Documents (electronic PDF copy) 155 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 4 of 6 · 100% Design Documents (electronic PDF copy) · Engineer’s Opinion of Probable Construction Costs (electronic PDF for 100% Design) Task 3: Permitting Description of Work: HDR will prepare a Joint Permit Application (JPA) and conduct a project walk through with permitting agencies. Sub Tasks: 3.1 – PERMITTING AGENCY SITE VISIT HDR will lead a project walk through for permitting agencies to explain project goals and construction plans. Meeting to take place after submittal of JPA. 3.2 – JOINT PERMIT APPLICATION (JPA) HDR will prepare a JPA for submittal to permitting agencies. Assumptions: · Applicable permits and agencies are: US Army Corps of Engineers (404 permit), Montana Fish Wildlife and Parks (124 permit), Montana Department of Environmental Quality (318 authorization), and City of Bozeman (floodplain permit). · Neither State nor Federal “Navigable River” permits will be required. · Neither stream nor wetland mitigation will be required by the US Army Corps of Engineers under their 404 permit. · A wetland delineation will not be required by the US Army Corps of Engineers for a 404 permit. · A Nationwide 404 permit will be appropriate for the final design. · Only one site visit with permitting agencies will be required. · An MT-2 form or Certified Letter of Map Revision (CLOMR) will not be required. If one is required, this work will require an amendment. · A qualitative discussion rather than a hydraulic model will be used for the documentation for floodplain permitting. · Receipt of a floodplain permit will not involve a submittal to or review by the Montana Department of the Natural Resources and Conservation (DNRC) or the Federal Emergency Management Agency (FEMA). · Permit application fees are not included in the project budget and will be the responsibility of the City of Bozeman. · Permit packages will be delivered to the City of Bozeman for submittal to regulatory agencies. · Construction stormwater permits are not included and will be obtained by the selected contractor. 156 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 5 of 6 · Level of effort to address permitting agency request for additional information is assumed to require 2 hours of time for budgetary purposes. Greater level of effort may require a contract amendment. Deliverables: · Project Joint Permit Application · Certified Technical Memorandum documenting design intent and methodology. Task 4: Construction Administration Description of Work: HDR will perform construction oversight. Sub Tasks: 4.1 – CONTRACTOR SELECTION ASSISTANCE HDR will reach out to a minimum of three contractors to solicit bids, address one round of requests for information (RFI), review bids received by the City of Bozeman and make a recommendation for contractor selection. 4.2 – CONSTRUCTION INSPECTION (FUTURE TASK) HDR will perform the following construction inspection duties: · Construction kickoff meeting attendance. · Review of submittals, RFI’s and change proposals and keeping of the project files. · Construction inspection at key times to document contractor adherence to approved plans. · Approval of construction materials. · Review and recommendation for payment of contractor invoices. Resident Project Representative: ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. Limitations of Responsibilities: ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this agreement shall be construed to release ENGINEER from liability for failure to 157 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION March 10, 2022 6 of 6 properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. The attached Exhibit A and Exhibit B further describes the Engineer’s status during Construction. Means and Methods: However, responsibility for all means and methods for construction of the project resides with the Construction Contractor. Any review, comment or recommendation made or implied by HDR cannot be construed as directing the Construction Contractor as it relates to means and methods nor does it imply any liability on the part of HDR for any construction issue that is a direct or indirect result of the work performed or actions of the individual construction contractors. Assumptions: · No pre-bid on-site meeting is included. · Construction kickoff meeting to be led by COB. · Preparation of contract documents is not included. · Construction contract to be between COB and selected contractor. · Contractor will utilize existing Temporary Bench Marks (TBMs) for elevation control. No other survey will be required during construction. · Construction inspection will be added as a future task. Deliverables: · Contractor recommendation. 158 7 - Project Manager General Asst - Coralynn Revis1 - Project Manager General - Dan March2 - Engineer Water Resources - Ben Fennelly3 - Environmental Scientist 2 - Jon Schick4 - EIT Water Resources - Heather Nold5 - Technician General 3 - Heather Fancher6 - Accountant Sr - Paden KaufmanTotal Budget Task Task Description PJM14 PJM15 EWR20 SEN20 EWR10 TEC03 ACT04 TOTAL HOURS LABOR COSTS SUBCONTRACTOR EXPENSES TOTAL COST 1.1 Project Management & Coordination of Work 2 12 9 23 3,409$ -$ -$ 3,409$ Subtotal (excluding optional) 2 12 0 0 0 0 9 23 3,409$ -$ -$ 3,409$ 2.1 Data Collection 8 3 11 1,794$ -$ -$ 1,794$ 2.2 Design and Layout 20 4 40 40 104 13,853$ -$ -$ 13,853$ Subtotal (excluding optional) 0 28 4 0 43 40 0 115 15,647$ -$ -$ 15,647$ 3.1 Permitting Agency Site Visit 1 3 3 7 1,126$ -$ -$ 1,126$ 3.2 Joint Permit Application 4 8 12 1,543$ -$ -$ 1,543$ Subtotal (excluding optional) 0 5 3 0 11 0 0 19 2,669$ -$ -$ 2,669$ 4.1 Constractor Selection Assistance 4 8 1,543$ -$ -$ 1,543$ 4.2 Construction Inspection (Future Task)No Hours !◄-$ -$ -$ Subtotal (excluding optional) 0 4 0 0 8 0 0 0 1,543$ -$ -$ 1,543$ 2 49 7 0 62 40 9 157 23,269$ -$ -$ 23,269$ HDR Task 1 Project Management and Administration Task 3 Task 4 Task 2 Hydraulic Analysis and Design Permitting Construction Administration Other Direct Costs 159 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this 22 of March, 2022, 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, [HDR Engineering, Inc. 2150 Analysis Drive, Bozeman, MT], hereinafter referred to as "Contractor." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide a range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility, including but not necessarily limited to engineering design, preparation of construction documents, project bidding, and construction administration services for various improvement projects, as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on December 31 th, 2022 unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services inaccordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become Professional Services Master Task Order Agreement for WRF On-Call Engineering Services Page 1 ofll DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 160 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 161 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 162 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 163 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 164 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 165 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 166 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 167 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 168 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 169 DocuSign Envelope ID: 7C8DDD5C-9A73-45C8-A4A0-0C955D7CDFF7 170 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order 2 with Baker Tilly Municipal Advisors for Financial Feasibility and Needs Analysis on Tax Increment Financing Assistance Request from Bozeman Lodging Group, LLC MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a task order 2 with Baker Tilly Municipal Advisors for financial feasibility and needs analysis on tax increment financing assistance request from Bozeman Lodging Group, LLC. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman received a request for TIF assistance from Bozeman Lodging Group, LLC for the proposed redevelopment of The Holiday Inn, currently located at 5 East Baxter Lane. The project is proposed to include demolition of the existing old Holiday Inn Hotel and replace it with a new mixed use commercial project composed of a new Holiday Inn Hotel, a Staybridge Suites extended stay Hotel, conference and restaurant spaces. The Developer has indicated there is a financial gap based on the current project scope and has requested tax increment financing assistance. Baker Tilly is currently under contract with the City to advise staff on financial matters related to TIF assistance. Services specific to this request for TIF assistance are outlined in the attached scope of work. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the recommendation of the City Commission. FISCAL EFFECTS:The work as described will be completed with an estimated fee in the range of $4,500 - $6,500 which is available in the work plan and budget for the Midtown Urban Renewal District. Attachments: Bozeman Hotel Dev TIF Project Financial Needs Analysis Scope of Work Final.pdf 171 Report compiled on: April 14, 2022 172 1 Scope of Work Bozeman Midtown TIF Assistance Request City of Bozeman, Montana Financial Feasibility and Needs Analysis April 2022 The City of Bozeman (the “City”) received a request for TIF assistance from Bozeman Lodging Group, LLC (the “Developer”) for the proposed redevelopment of The Holiday Inn currently located at 5 East Baxter Lane, Bozeman, MT. The project is proposed to include demolition of the existing old Holiday Inn Hotel and replace it with a new mixed use commercial project composed of a new Holiday Inn Hotel, a Staybridge Suites extended stay Hotel, meeting room/conference space, and a restaurant will all be built in the same location. Each hotel will have approximately 100 rooms and the conference meeting space and restaurant will be approximately 15,000 square feet. Parking will be provided to accommodate the hotel, restaurant, and event center guests with over 336 parking spaces. The Developer has indicated there is a financial gap based on the current project scope, for which tax increment financing could be a tool to assist with using. The purpose of this document is to outline a scope of work, estimated fee and time frame for completion. Baker Tilly’s proposed scope of work includes the following activities: Phase 1: Preliminary Revenue Projections and Financial Feasibility Objectives  To prepare preliminary tax increment revenue projections based on developer provided information  To provide initial project financial feasibility Analysis 1) Preparation of tax increment revenues a. Review developer-supplied information for reasonableness b. Forecast the projected tax increment revenues to be generated over the life of the district based on those assumptions i. Developer provided total development costs and project assumptions ii. Tested against available comparable-type developments iii. Estimated range of available revenues based on valuations c. Financial Feasibility Review i. Assess the sufficiency of tax increment revenues to support costs Deliverable  Summary of preliminary revenue projections and initial feasibility  Preliminary financial feasibility analysis 173 2 Phase 2: Financial Review and Needs Analysis and Development Agreement Objectives  To review and analyze the request for assistance as related to the proposed development project to determine necessity and appropriateness  To assist in negotiations of the development agreement, as applicable  To provide draft term sheet Analysis 1) Financial Feasibility Review a. Suggest alternative assumptions and provide sensitivity analysis b. Assess the sufficiency of the tax increment revenues to support costs with considerations for timing of bond issuance to provide financial support c. Prepare cash flow analysis based on sensitivity analysis 2) Financial Needs (But For) Analysis a. Review developer information and comment on the reasonableness of assumptions i. Suggest alternative assumptions and provide sensitivity analysis as necessary b. Complete a rate of return calculation i. Cash-on-Cash Return ii. Internal Rate of Return iii. Identify alternative assumptions if appropriate iv. Recalculate the return with alternative assumptions, as necessary v. Define appropriate level of assistance based on developer’s rate of return c. Compare developer rate of return to the “market” return for similar projects, comment on reasonableness of return considering type of project, current market and developer at risk equity d. Complete sensitivity analysis with respect to developer return and need for assistance (as appropriate) 3) Development Agreement Negotiations a. Provide proposed business points between the City and the developer in conjunction with City staff b. Assist City staff with review of developer request as it relates to business points for the development agreement to maximize redevelopment and maintain City security – including: i. Pay as You Go Financing shifts financing risk from City to developer ii. Look Back Provisions to verify actual returns to projected returns following project commencement iii. Claw Back Provisions to ensure developer proceeds as proposed c. Assist in negotiation of the development agreement, and prepare financing exhibits as necessary Deliverable  Financial analysis with determination of need for public assistance  Preliminary term sheet with recommended public assistance amounts Compensation The work as described will be completed with an estimated fee in the range of $4,500 - $6,500. Excluded from the fee indicated above is any out-of-pocket expenses such as travel, copies, faxes, conference calls, or other expenses necessary to complete the project. Additional work 174 3 requested and authorized by the City outside the scope of services described in this proposal will be invoiced at our standard hourly rates. Completion Date Upon full receipt of the requested information, Baker Tilly will complete Phase 1 of the above work processes and outcomes within 1-2 weeks, subject to receipt of all information. The remaining phases and steps of analysis will be subject to outcomes of phase 1 and timing needs of both the City and developer. We will be successful in meeting the requested time frames for completion recognizing it is highly dependent on the timing and completeness of the information received. A delay in receipt of critical material may result in an extension of the completion date. Sincerely, Mikaela Huot, Director Signature Section: The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by: City of Bozeman Name: _____________________________ Title: ______________________________ Date: ______________________________ 175 4 Financial Feasibility Review: Additional Details for Financial Analysis Project Details • To include # of hotel rooms, commercial square footage, etc. • To include cost of construction for each development type • To include information for any commercial, civic or other uses • To include site improvement and public infrastructure costs • To include detailed breakdown of all costs Project Phasing • To include commencement and completion for each building construction, or each site improvement, or public infrastructure • To include date for sale of unit or lease of unit, occupancy start and full occupancy, etc. Project Financing • To include development of complete sources and uses of funds • To include detail on bank financing, i.e., principal, term, rate • To include equity amount and timing of equity in project • To include take-out source of bank financing for construction period, if applicable • To include letters of commitment or interest from financial institutions • To include amount of public financing request, and form of request, i.e., bonds, pay-go-note, etc. • To include gap amount to match public financing request (all equity and private sources are insufficient to pay all costs) • To include description of and rationale behind proposed governmental financial assistance Public Financing Revenue Assumptions • To include estimated assessed value per type of construction • To include sales per square foot estimates (if applicable) • To include any growth assumptions Project Operation • To include operating assumptions, etc. • To include revenue and expense assumptions and increases • To include reserve assumptions (capital, operating, etc.) • To include rent and/or sale assumptions • To include lease commission, sales commission assumptions • To include complete operating pro-forma calculating internal rate of return with and without requested financial assistance • To include sale assumptions in appropriate future year (10 or 15), including capitalization rate • To include proposed tenants, job and wage information General Information/Assumptions • Provide sources of data used in any of the above 176 Memorandum REPORT TO:City Commission FROM:Michael Veselik, Parking Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement for Lobbying Services MEETING DATE:April 26, 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:The third professional services agreement amendment is to increase the not to exceed amount by $5,000. Our lobbying team have maintained an active presence in Helena on behalf of the City of Bozeman. The policy focus has been on affordable housing and land use and planning. The lobbyists continue to work at the the direction of the City Manager and the Lobbying Core Team. UNRESOLVED ISSUES:No unresolved issues ALTERNATIVES:Alternatives as proposed by the Commission FISCAL EFFECTS:An additional $5,000 Attachments: Third PSA Amendment for lobbying services with Central House Strategies.docx Report compiled on: April 14, 2022 177 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 1 of 2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRDAMENDMENTTO THE PROFESSIONAL SERVICES AGREEMENTFOR lobbying services dated October 20, 2020 (the “Agreement”) is made and entered into this 26th day of April, 2022, 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 Central House Strategies, 808 Palmer Street, Missoula, MT 59802, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Updated Fee Schedule. During the interim session the contractor will continue to bill the City of Bozeman at a rate of $110/hour for lobbying services providedto include legislative monitoring, research, and testimony on topics of interest to the City and as identified by the City Manager or their designated representative. The City is increasing the not to exceed limit to $15,000 from the amended $10,000. This increase reflects the amount of work already completed in this interim legislative session and the expected work to be completed by the lobbyists from now until October 2022. 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 178 Third Amendment to Professional Services Agreement for Lobbying Services FY 2021 – FY 2022 Page 2 of 2 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CENTRAL HOUSE STRATEGIES By________________________________By_____________________________ Jeff Mihelich, City Manager SK Rossi, Managing Partner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 179 Memorandum REPORT TO:City Commission FROM:Jennifer A. Giuttari, Assistant City Attorney Greg Sullivan, City Attorney Jeff Mihelich, City Manager SUBJECT:Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day and Designating June 19th as the Local Juneteenth Holiday MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to adopt Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, and designates June 19th as the local Juneteenth holiday. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: On March 8, 2022, the City Commission provisionally adopted this Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day , and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. The City Manager proposes to separate the establishment of Indigenous People’s Day from Juneteenth. As a result, the version of this Ordinance 2100 for final adoption removes all references to Indigenous Peoples’ Day. On May 17, 2022, a separate ordinance pertaining to only the Indigenous Peoples' Day holiday will go before the Commission for provisional adoption. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:The fiscal impact beyond what is already budgeted for personnel is approximately $10,400. This amount reflects the overtime/holiday pay paid to city employees required to work on a holiday (i.e. police, fire, and other 180 essential services) over and above base pay. Attachments: Ord. 2100 amended final.pdf Report compiled on: April 11, 2022 181 Page 1 of 5 ORDINANCE 2100 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECOGNIZING AND DESIGNATING JUNE 19TH AS JUNETEENTH NATIONAL FREEDOM DAY, AND DESIGNATING JUNE 19TH AS THE LOCAL JUNETEENTH HOLIDAY. WHEREAS, Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes a local government unit with self-government powers to exercise any power not prohibited by the constitution, law, or charter; and WHEREAS, the Bozeman City Charter establishes that the City of Bozeman is a local government that has adopted self-government powers which must be liberally construed; and WHEREAS, there is no express prohibition in the Montana Constitution or the Bozeman City Charter that prevents a local government from establishing a local holiday; and WHEREAS, there is no express prohibition in Mont. Code Ann. §§ 7-111, 112, or 114 that prevents a local government from establishing a local holiday; and WHEREAS, there is no state agency or office directed to establish administrative rules or oversee the enforcement of a local government establishing a local holiday; and WHEREAS, the power to establish a local holiday has not been affirmatively delegated to the State of Montana; and 182 Ordinance No. 2100, Designating the Local Juneteenth Holiday Page 2 of 5 WHEREAS, the State of Montana observes Juneteenth national freedom day on the third Saturday in June; and WHEREAS, on June 17, 2021, in honor of the passage of the Emancipation Proclamation and the issuing of General Order No. 3, and to commemorate the end of slavery in the United States, the Juneteenth National Independence Day Act became federal law and a paid, legal holiday during which all federal offices are closed to the public, and WHEREAS, the City of Bozeman’s Strategic Plan 3.3 establishes the city’s goal of ensuring that it is a friendly community that “welcome[s] diversity through policies and public awareness”; and WHEREAS, because it is in the best interest of the citizens of Bozeman to celebrate and honor the invaluable contributions of diverse cultures and because the City of Bozeman strives to be an inclusive and welcoming community, the City of Bozeman now clarifies its legal, public holidays. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That a new section of the Bozeman Municipal Code Sec. 2.01.020 is hereby adopted as follows: Sec. 2.01.020. – Juneteenth National Freedom Day. June 19th of every year is recognized as Juneteenth National Freedom Day (“Juneteenth”) and is a legal, public holiday in the city. The local day of celebration of the Juneteenth holiday shall occur on June 19th. If this holiday falls on a Sunday, the Monday following is the holiday. If this holiday falls on a Saturday, the Friday preceding is the holiday. All city offices are closed on the day of the holiday and employees shall be granted a paid holiday according to city policies. 183 Ordinance No. 2100, Designating the Local Juneteenth Holiday Page 3 of 5 Section 2 Except as indicated in Sections 1 and 2 of this ordinance, the City of Bozeman recognizes and observes all other State legal holidays. Section 3 The City Manager is authorized to establish policies and procedures to implement this ordinance. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 184 Ordinance No. 2100, Designating the Local Juneteenth Holiday Page 4 of 5 Section 7 Codification. Sections 1 of this ordinance shall be codified and included as new sections, as written above, in Chapter 2, Article 1 of the Bozeman Municipal Code, which is currently entitled Administration: In General. Bozeman Municipal Code shall be amended to include new section, Sec. 2.01.020, as set forth in Section 1 of this ordinance. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 185 Ordinance No. 2100, Designating the Local Juneteenth Holiday Page 5 of 5 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 186 Memorandum REPORT TO:City Commission FROM:Alex Nordquest, Forestry Division Manager Mitch Overton, Director of Parks, Recreation, Cemetery, and Forestry SUBJECT:Mayoral Proclamation Proclaiming Arbor Day MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim April 29, 2022 as Arbor Day in Bozeman, Montana. Urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further, urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:A proclamation to celebrate Arbor Day is one requirement for Tree City USA designation through the Arbor Day Foundation. The Tree City Designation also states minimum requirements for items such as; minimum number of trees to be planted and maintained per capita, as well as funds spent per year on the city urban forest per capita. Meeting these requirements ensures that we continue to invest in our urban forest. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: Bozeman Arbor Day Proclamation.docx Report compiled on: February 28, 2022 187 Proclamation Regarding Arbor Day Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, therefore, I, Cynthia L. Andrus, the Mayor of Bozeman, do hereby proclaim Friday, April 29, 2022 as Arbor Day, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Signed and Proclaimed this 26th day of April, 2022. _________________________________ Cynthia L. Andrus Mayor, Bozeman, Montana 188 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Triannual Climate Plan Report MEETING DATE:April 26, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Sustainability Program Manager, Natalie Meyer, will present an update on the 2020 Bozeman Climate Plan. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:On December 22, 2020, the City Commission adopted the 2020 Bozeman Climate Plan through Resolution 5248. The Climate Plan identifies community goals and actions to reduce greenhouse gas emissions and prepare for the impacts of climate change. Sustainability Program Manager, Natalie Meyer, will present an update of work accomplished since the first Triannual Report presented on December 7, 2021, including a demonstration of the newly released Bozeman Climate Plan Dashboard. Triannual Climate Plan Reports are planned every four months on a triannual basis to provide both the City Commission and the community with regular progress updates. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Report compiled on: April 14, 2022 189