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08-02-22 City Commission Meeting Agenda & Packet Materials
A.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 E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2022(Clark) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 2, 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: 2558 939 8842 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 G.3 Authorize the City Manager to Sign Grant Award Agreement with Gallatin County for the Burke Park/Peet's Hill Expansion and Improvement Project(Jadin) G.4 Recommend Rejecting All Bids for the 2022 N 7th Avenue Water Renovations Project and Rebidding the Project at a Later Date(Gamradt) G.5 Authorize the City Manager to Sign a Utility Easement with L&S Properties, LLC for Oak and Cottonwood Phase 1 (21379)(Schultz) G.6 Authorize the City Manager to Sign a Utility Easement with 70 Bucks, LLC for the Alderson 5 Row Houses Site Plan (21164)(Paz-Solis) G.7 Authorize the City Manager to Sign a Temporary Occupancy Permit with Montana Rail Link to Facilitate Exploratory Excavation and Inspection of an Existing Trunk Sewer Main Crossing the Railroad(Gamradt) G.8 Authorize the City Manager to Sign a Professional Services Agreement with AE2S to Provide Preliminary Engineering Design Services for the Membrane Backwash Recycling and Sludge Handling Project at the City of Bozeman Water Treatment Plant(Nielsen) G.9 Authorize the Signature for the First Amendment to Professional Services Agreement with Mountain Time Arts for Enhancement of Bozeman Creek in the Downtown Area(Staley) G.10 Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates, LLC for Contractor Training Services(Oliver) G.11 Resolution 5435 Authorizing Prime Change Order 18 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) H.Consent II H.1 Authorize the City Manager to Sign a Heart of the Valley Shelter and Services Agreement FY23-FY25(Knight) 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.Action Items J.1 1001 Thomas Drive Annexation, Application 22067, Requesting Annexation of 15.115 Acres and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use)(Rogers) J.2 6730 Davis Lane Annexation, Application 22020, Requesting Annexation of 10.071 Acres and 2 Amendment City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed-Use District)(Rogers) J.3 Continue Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 to August 9, 2022(Harlow-Schalk) J.4 Resolution 5407 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2023(Harlow-Schalk) J.5 Resolution 5408 Establishing a Six Percent Increase to Street Maintenance District Assessments for Fiscal Year 2023(Harlow-Schalk) J.6 Resolution 5409 Establishing a 15 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2023(Harlow-Schalk) J.7 Resolution 5427 Establishing Rates for Emergency Medical Services Transport (Waldo ) K.Work Session K.1 Fowler Avenue Connection Project Work Session(Ross) 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:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, 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:August 2, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of 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: July 29, 2022 4 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasure Rachel Harlow-Schalk, Interim Finance Director SUBJECT: Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2022 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION: Appoint Deputy Mayor Cunningham and Commissioner Pomeroy to review the depository bonds and pledged securities as of June 30, 2022. 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: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state 5 treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Attachments: Commission Memo - Pledged Securities - Appoint Sub- Committee 0622.doc Depository Bonds & Securities 0622.pdf Report compiled on: July 20, 2022 6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer SUBJECT: Appoint a sub-committee of two commissioners to review pledged securities as of June 30, 2022. MEETING DATE: August 2, 2022 AGENDA ITEM TYPE: Consent RECOMMENDATION: Appoint Deputy Mayor Cunningham and Commissioner Pomeroy to review the depository bonds and pledged securities as of June 30, 2022. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None 7 Attachments:Depository Bonds and Securities Report as of June 30, 2022 Report Compiled on: July 20, 2022 8 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2022 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 08/15/2022 567478 $ 18,000,000.00 TOTAL – US Bank $ 18,250,000.00 FIRST SECURITY BANK All Accounts Federal Deposit Insurance Corporation $ 0.00 Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00 Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00 TOTAL - First Security Bank $ 2,420,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of the First Security Bank and US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2022, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 9 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2022 US BANK Total Cash on Deposit $13,917,914.63 FDIC Coverage $250,000.00 Amount Remaining $13,667,914.63 Pledges Required 104% $14,214,631.22 Actual Pledges $18,000,000.00 Over (Under) Pledged $3,785,368.78 FIRST SECURITY BANK CD's $0.00 FDIC Coverage $0.00 Amount Remaining $0.00 Pledges Required 50% $0.00 Actual Pledges $2,420,000.00 Over (Under) Pledged $2,420,000.00 REFERENCE: Section 7-6-207, M.C.A. 10 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign Grant Award Agreement with Gallatin County for the Burke Park/Peet's Hill Expansion and Improvement Project MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign Grant Award Agreement with Gallatin County for the Burke Park/Peet's Hill Expansion and Improvement Project STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On April 5, 2022, the City Commission ratified the City Manager's signature on an application to Gallatin County for Open Space Funding toward the Burke Park/Peet's Hill Expansion and Improvement Project. The funding request of $100,000 was unanimously approved by the Gallatin County Open Lands Board and the Gallatin County Commission. The full amount of the grant will be used toward a loan with the Gallatin Valley Land Trust (GVLT) for the City's portion of the land acquisition. The loan amount of $315,000 plus financing fees will therefore be reduced to $215,000 and financing fees, as authorized in Resolution 5353. The loan is currently secured using balance in the Park Land Trust from cash-in-lieu of parkland revenues. Upon payment to GVLT, the amount of $100,000 will be released for eligible cash-in-lieu of parkland projects. UNRESOLVED ISSUES:Parks and Recreation Department will continue to seek outside grant funding toward the 2-year land acquisition loan with GVLT. ALTERNATIVES:Per Commission FISCAL EFFECTS:Upon payment to GVLT of the $100,000 grant amount, the same amount will become available from the Park Land Trust for eligible cash-in-lieu of parkland projects. Attachments: Grant Award Agreement for Other Eligible Project_Burke Park Expansion (2).docx 11 Exhibit A - City of Bozeman 2022 Gallatin County Open Space Grant.pdf Report compiled on: July 11, 2022 12 Page 1 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT GALLATIN COUNTY OPEN SPACE LEVY FUND FOR “OTHER ELIGIBLE PROJECT” FUNDING GRANT AWARD AGREEMENT 1.PARTIES AND CONTACT REPRESENTATIVES: This GALLATIN COUNTY OPEN SPACE LEVY FUND FOR OTHER ELIGIBLE PROJECT FUNDING GRANT AWARD AGREEMENT (this “GRANT AWARD AGREEMENT”), is made between GALLATIN COUNTY, 311 West Main, Bozeman, MT 59715 (“COUNTY”) AND City of Bozeman Parks and Recreation Department (“APPLICANT”), acting with and on behalf of the City of Bozeman, P.O. Box 1230, Bozeman, MT 59771 (“PROPERTY OWNER/(S)”) (together APPLICANT and PROPERTY OWNER/(S), are “GRANTEES”) (collectively COUNTY and GRANTEES, are “PARTIES”). COUNTY designates the Gallatin County Chief Planning Officer, 311 West Main, Bozeman, MT 59715, as its contact representative. APPLICANT designates Addi Jadin, Park Planning and Development Manager, City of Bozeman Parks and Recreation Department, P.O. Box 1230, Bozeman, MT, 59771 as its contact representative. PROPERTY OWNER/S designate Jeff Mihelich, City Manager, P.O. Box 1230, Bozeman, MT, 59771, as its contact representative. 2.GRANT AWARD: The COUNTY awards to GRANTEES an award of grant funds from the Open Space Levy Fund for an Other Eligible Project in the amount of $100,000 (the “GRANT AWARD”). 3.STATEMENT OF WORK: GRANTEES shall complete the work and obligations as described in this GRANT AWARD AGREEMENT and set forth in the GALLATIN COUNTY OPEN SPACE LEVY FUNDING APPLICATION “OTHER ELIGIBLE PROJECTS” CATEGORY (“GRANTEE APPLICATION”) describing the project as approved, attached to this GRANT AWARD AGREEMENT as EXHIBIT A, and fully incorporated herein by reference, before the expiration or termination of this GRANT AWARD AGREEMENT. The COUNTY may compensate or reimburse GRANTEES for project expenses incurred prior to the execution of the GRANT AWARD AGREEMENT if included in the GRANTEE APPLICATION, but shall otherwise not be liable to compensate GRANTEE for any work or expenses performed prior to the execution of this GRANT AWARD AGREEMENT. The COUNTY shall have no liability to compensate or reimburse GRANTEES for the delivery of any goods or performance of any services that are not specifically set forth in this GRANT AWARD AGREEMENT. If the project that is the subject of GRANTEE APPLICATION involves work that is not located on public land or land dedicated to public use, GRANTEE acknowledges the 13 Page 2 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT requirement that public access must be provided in the form of a long-term easement or land use license granting public access. GRANTEE shall record proof of such public access with the COUNTY Clerk and Recorder and furnish proof of such recordation to COUNTY. Payments to GRANTEES under the GRANT AWARD AGREEMENT may be withheld, in the sole discretion of the COUNTY, until adequate record(s) evidencing public access have been provided to COUNTY. 4.PAYMENTS TO GRANTEES: a.Maximum Amount: the maximum amount payable under this GRANT AWARD AGREEMENT is the GRANT AWARD amount, as determined by the COUNTY. If the project cannot be completed for the GRANT AWARD amount, GRANTEE agrees to provide any additional funds required for the successful completion of the project. Payments to GRANTEES are limited to the unpaid, obligated balance of the GRANT AWARD. The COUNTY shall not pay GRANTEES any amount that exceeds the GRANT AWARD amount as provided above in Section 2 of this GRANT AWARD AGREEMENT. b.Payment: GRANTEES shall submit to COUNTY proof of expenditures and any other requested documentation to support costs and expenditures, including detailed invoices. GRANTEES acknowledge that payment of GRANT AWARD is contingent upon COUNTY approval of GRANTEES’ submission. The COUNTY shall only reimburse allowable costs of project that are: reasonable and necessary to accomplish the project as set forth in the GRANTEE APPLICATION; and equal to the actual net cost to GRANTEES (e.g. the price paid minus any items of value received by GRANTEE that reduce the cost actually incurred). 5.TERM: The Parties’ respective performances under this GRANT AWARD AGREEMENT shall be effective as the date of execution by the Parties. The GRANT AWARD AGREEMENT shall terminate on May 1, 2025, unless sooner terminated or further extended in accordance with the terms of this GRANT AWARD AGREEMENT. Upon request of the APPLICANT, the Gallatin County Commission may, in its sole discretion, extend the term of this GRANT AWARD AGREEMENT. A request to extend the term of the GRANT AWARD AGREEMENT shall be provided in writing at least 30 calendar days prior to the termination date of the GRANT AWARD AGREEMENT and provide an explanation and rationale for the request and explain any delays. 6.EARLY TERMINATION IN THE PUBLIC INTEREST: The COUNTY is entering into this GRANT AWARD AGREEMENT to support the purpose of the Gallatin County Open Space Levy and the public interest. If the GRANT AWARD ceases to further the purposes of the Gallatin County Open Space Levy or public interest, as determined by the COUNTY, or 14 Page 3 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT if funds used for this GRANT AWARD become unavailable, the COUNTY, in its sole discretion, may terminate this GRANT AWARD AGREEMENT in whole or in part by providing written notice to GRANTEES. If the COUNTY terminates this GRANT AWARD AGREEMENT, the COUNTY shall pay GRANTEE an amount equal to the percentage of the total reimbursement payable under this GRANT AWARD AGREEMENT that corresponds to the percentage of work satisfactorily completed, as determined by the COUNTY, less payments previously made. Additionally, the COUNTY, in its sole discretion, may reimburse GRANTEE for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this GRANT AWARD AGREEMENT that are incurred by GRANTEES that are directly attributable to the uncompleted portion of GRANTEES’ obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount designated as the GRANT AWARD. 7.REPRESENTATIONS AND WARRANTIES: GRANTEES make the following specific representations and warranties, each of which was relied on by the COUNTY in entering into this GRANT AWARD AGREEMENT: a. Standard and Manner of Performance: GRANTEES shall perform all obligations under this GRANT AWARD AGREEMENT in accordance with the highest standards of care, skill, and diligence. b. Legal Authority: GRANTEES warrant they possess the legal authority to enter into this GRANT AWARD AGREEMENT and have taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this GRANT AWARD AGREEMENT, or any part thereof, and bind GRANTEES to its terms. If requested by the COUNTY, GRANTEES shall provide the COUNTY with proof of GRANTEE’s authority to enter into this GRANT AWARD AGREEMENT within 15 days of receiving such request. c. Licenses, Permits, Etc.: GRANTEES represent and warrant that they have, and that at all times during the duration of this GRANT AWARD AGREEMENT, that they shall have and maintain, in GRANTEES’ sole expense, all licenses, certifications, approvals, insurance, permits, or other authorizations required by law to perform the obligations under this GRANT AWARD AGREEMENT. Additionally, all employees or agents of GRANTEES performing any services under this GRANT AWARD AGREEMENT shall hold all required licenses and certifications, if any, to perform their responsibilities. 8.BREACH OF AGREEMENT: In the event of a breach of the GRANT AWARD AGREEMENT, the aggrieved party shall give written notice of Breach of the GRANT AWARD AGREEMENT. If the notified party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the party may exercise the remedies set forth in the GRANT AWARD AGREEMENT. 15 Page 4 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT 9.COUNTY REMEDIES: If GRANTEES are in breach under any provision of this GRANT AWARD AGREEMENT and fails to cure such breach, the COUNTY, following the notice and cure period shall have all of the remedies listed in this section, in addition to all other remedies set forth in this GRANT AWARD AGREEMENT or as otherwise provided by law. The COUNTY may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. a. Termination for Breach: In the event of GRANTEE’s uncured breach, the COUNTY may terminate the entire GRANT AWARD AGREEMENT or any part of the GRANT AWARD AGREEMENT. GRANTEE shall continue performance of this GRANT AWARD AGREEMENT to the extent not terminated, if any. To the extent specified in any termination notice, GRANTEE shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding work with third parties. COUNTY shall only pay GRANTEE for accepted work received as of the date of termination. If, after termination by the COUNTY, the COUNTY agrees that GRANTEE was not in breach or that GRANTEE’S action or inaction was excusable, such termination shall be treated as a termination in the public interest, as set forth above. Notwithstanding any other remedial action by the COUNTY, GRANTEES shall remain liable to the COUNTY for any damages sustained by the COUNTY in connection with a breach by the GRANTEES, and the COUNTY may withhold payment to GRANTEE for the purpose of mitigating GRANTEE’S damages until such time as the exact amount of damages due to the COUNTY from GRANTEE is determined. COUNTY may withhold any amount that may be due GRANTEES as the COUNTY deems necessary to protect the COUNTY against loss including, without limitation, loss of outstanding liens and excess costs incurred by the COUNTY in procuring from third parties replacement work. b. Remedies Not Involving Termination: The COUNTY, in its discretion, may exercise one or more of the following additional remedies: i. Suspend Performance: Suspend GRANTEES’ performance with respect to all or any portion of the project pending corrective actions as specified by the COUNTY and COUNTY shall not be liable for costs incurred by GRANTEE after the suspension in performance. j. Withhold Payment: Withhold payment to GRANTEES until GRANTEES correct the work. 16 Page 5 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT k. Deny Payment: Deny payment for work not performed, or that due to the GRANTEES’ actions or inactions, cannot be performed or if they were performed are reasonably of no value to the COUNTY; provided, that any denial of payment shall be equal to the value of the obligations or work not performed. l. Removal: Demand immediate removal of any GRANTEES’ employees, agents, or subcontractors from the work whom the COUNTY deems to be incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this GRANT AWARD AGREEMENT is deemed by the COUNTY to be contrary to the public interest. 10.INDEPENDENT CONTRACTOR: GRANTEES shall perform their duties hereunder as independent contractors and not as an employee of COUNTY. Neither GRANTEES, nor any agent or employee of GRANTEES, shall be deemed to be an agent or employee of the COUNTY. GRANTEE shall not have authorization, express or implied, to bind the COUNTY to any agreement, liability, or understanding. 11.COMPLIANCE WITH LAW: GRANTEES shall comply with all applicable federal and State laws, rules, and regulations in effect or as hereafter established. 12.WAIVER AND INDEMNIFICATION: To the fullest extent permitted by law, GRANTEES waive any and all claims and recourse against COUNTY or its officers, agents, or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance or any obligation under this GRANT AWARD AGREEMENT, except claims arising from the intentional acts or negligence of the COUNTY or its officers, agents, or employees. To the fullest extent permitted by law, GRANTEES will indemnify, hold harmless, and defend the COUNTY and its officers, agents, and employees against any claim, damage, liability, loss, expense, fee, action or charge (including liability where activity is inherently or intrinsically dangerous), including attorney’s fees (including fees of the County Attorney) arising out of GRANTEE’s acts, errors, omissions, or negligence or from GRANTEES failure to comply with the requirements of this GRANT AWARD AGREEMENT or any applicable law. In the event of an action filed against COUNTY resulting from GRANTEES’ performance under this GRANT AWARD AGREEMENT, COUNTY may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this GRANT AWARD AGREEMENT. 13.CHOICE OF LAW AND VENUE: The Parties agree that this GRANT AWARD AGREEMENT shall be governed and interpreted according to the laws of the State of Montana. In the event of a dispute arising from or related to this GRANT AWARD AGREEMENT, venue shall be in the Eighteenth Judicial District of the State of Montana, in and for the County of Gallatin. 17 Page 6 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT 14.INTERPRETATION: The Parties equally having been given an opportunity to review and have reviewed this GRANT AWARD AGREEMENT, the rule of construction providing that an agreement should be construed against the drafter will not be used in the interpretation of this GRANT AWARD AGREEMENT. Words shall be given plain meaning and effect. 15.GENERAL PROVISIONS: a. Assignment: The Parties, respectively, bind themselves, their successors, assigns and legal representatives to the other party with respect to all terms and conditions of this GRANT AWARD AGREEMENT. GRANTEES’ rights and obligations under this GRANT AWARD AGREEMENT are personal and may not be transferred or assigned without the prior, written consent of the COUNTY. Any assignment or transfer of GRANTEES’ rights and obligations approved by the COUNTY shall be subject to the provisions of this GRANT AWARD AGREEMENT. b. Captions: The captions and headings in this GRANT AWARD AGREEMENT are for convenience of reference only and shall not be used to interpret, define, or limit its provisions. c. Entire Understanding: This GRANT AWARD AGREEMENT and incorporated exhibits, represent the complete integration of all understandings between the Parties related to this GRANT AWARD. This GRANT AWARD AGREEMENT supersedes all prior negotiations, or representations, either written or oral. d. Modification: The Parties may modify this GRANT AWARD AGREEMENT by a properly executed formal amendment. e. Notice: Any notices under this GRANT AWARD AGREEMENT must be in writing and sent by personal delivery or certified mail to the Parties’ contact representatives. f. Severability: The invalidity or unenforceability of any provision of this GRANT AWARD AGREEMENT shall not affect the validity or enforceability of any other provision of this GRANT AWARD AGREEMENT, which shall remain in full force and effect, provided the Parties can continue to perform their obligations under the GRANT AWARD AGREEMENT in accordance with the intent of the GRANT AWARD. g. Survival of Certain GRANT AWARD AGREEMENT Terms: Any provision of this GRANT AWARD AGREEMENT that explicitly imposes an obligation on the Parties after termination or expiration of the GRANT AWARD AGREEMENT shall survive the termination 18 Page 7 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT h. Non-Waiver: No waiver of any breach of this GRANT AWARD AGREEMENT will be held as a waiver of any other subsequent breach thereof. i. Remedies Cumulative: Any remedy provided herein will be taken and construed as cumulative, and the exercise of any one remedy by the Parties shall not be to the exclusion of any other remedy. j. Execution of GRANT AWARD AGREEMENT: The Gallatin County Clerk and Recorder will keep the original GRANT AWARD AGREEMENT. An exact unaltered copy of the original GRANT AWARD AGREEMENT has the same force and effect as the original. k. Attorney’s Fees: If it is necessary for Parties to bring an action to enforce the terms, covenants, or conditions of the GRANT AWARD AGREEMENT, the prevailing party shall be entitled to reasonable attorney fees to be set by the appropriate court, including fees of the Gallatin County Attorney. l. No Offer Express or Implied: Transmittal, delivery, or publication of this GRANT AWARD AGREEMENT shall not be construed as an offer express or implied. COUNTY shall not be bound to the GRANT AWARD AGREEMENT unless and until this GRANT AWARD AGREEMENT has been fully executed by the Parties. AGREED by: COUNTY COMMISSION ________________________________ CHAIR Date APPLICANT ________________________________ Addi K. Jadin Date Park Planning and Development Manager PROPERTY OWNER ________________________________ Jeff Mihelich, City Manager Date 19 Page 8 of 8 GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT EXHIBIT A 20 21 22 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 1 of 3 6. Narrative addressing evaluation criteria. The expansion of Burke Park from its current south boundary on Peets Hill to the County line meets the purpose and intent of the Gallatin County Open Space Levy and results in a tangible and compelling public benefit. The specific property for which funding is requested has a history of recreational use due to a narrow trail easement held by the City of Bozeman. When improvements are added and it is well-integrated into the existing City park, recreational use of the property will expand not only in terms of the park’s area, but with new features appealing to a wider group of people. The trails will now lead to two new passive recreational features—one is a new seating area in a prominent junction at the top of the Peets Hill; the other is a scenic overlook with interpretive signage celebrating our natural geography. The seating area will also come to life with donor recognition elements honoring the over 600 individuals who contributed to the project and grantors as applicable. With these new features and ADA access improvements, more people will be welcomed into the park to experience this rare in-town panorama of mountain views and celebrate the public-private partnership that has been expanding for decades at Burke Park. As noted in GVLT’s grant application to the City of Bozeman (attached) and in public letters, this property has been well-maintained as an open space by the previous owners. Due to leashing requirements and the narrow trail corridor, the vegetation is lush and many animals are still found there. These important traits have been considered in the improvements proposal which uses a small footprint to keep people and pets within focused areas. Targeted restoration and trail work within the existing parkland may also be employed to create natural, vegetative barriers and focused corridors to minimize recreational impacts. Although this newly acquired parcel does not contain any streams and rivers within its boundary, Burke Park now forms a mile- long backbone above Bozeman Creek. The protection of this additional land from development into perpetuity will help to maintain water temperatures and water quality as the creek enters the increasing hardscapes of downtown Bozeman. And all of this public benefit is being realized at a reasonable cost to the local government and thus, the residents of Gallatin County. As noted in the City of Bozeman Commission Resolution 5353 (attached), the purchase price for the property was below the appraisal value. The appraisal value itself was set at a rate comparable to the city’s appraisal for undeveloped parkland applied to new developments which is significantly below the market rate for land within the City. The extremely successful funding campaign by the Gallatin Valley Land Trust and the organization’s contributions make up over half of the project cost. If awarded, the Gallatin County Open Lands funding amounts to 6.2% of the total project or 8.2% of the $1.225 million purchase price for which this grant request is made. The City’s contribution has been 30% of the total project so far ($485,000) with another 20% ($315,000) plus financing costs committed within two years. If awarded funding through the Gallatin County Open Lands Levy, the City’s remaining commitment would be reduced proportionately. Over the next 16 months, City staff will continue to seek further funding from other sources such as the Montana Land and Water Conservation Fund. 23 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 2 of 3 The City of Bozeman staff and commission have committed to this project for a variety of reasons including those outlined above. In addition, expansion of the park and installation of new features supports several of our community objectives. The project is clearly in compliance with our 2007 Parks, Recreation, Open Space and Trails Plan and the Burke Park Master Plan (PROST) that outlines the consolidation of parkland and expansion of trail connections as two primary recommendations. The City of Bozeman’s 2020 Climate Plan calls for restoration efforts to improve carbon sequestration and states “The City will promote the installation and maintenance of greenways along bike and walking paths and incentivize the connection of habitat corridors as development and redevelopment occurs.” The project partnership and funding proposal contribute to the cross-cutting objective of the City’s Strategic Plan to expand public engagement through public-private partnerships and public agencies collaboration and the design emphasis on improving and diversifying access and activities within the new and existing parcel contributes to the creation of a safe, healthy and welcoming community. Ultimately, the significant public support for this project gave the City the confidence to invest from the cash-in-lieu of parkland funding and to commit to securing additional funding within two years. With over 650 different donations spread across the valley and the Country, we know that Burke Park is a treasured area enjoyed by all of us. As stated in the GVLT application attached: Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. We heard from youth cycling groups and cross-country running teams. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. We feel strongly that this investment will benefit the community at large, not only the City of Bozeman and County neighborhoods immediately adjacent, and we look forward to sharing this project with the County Open Lands Board and County Commission. 7. Describe proposed timeline for project and any work already completed on the project. GVLT started working on this project in June of 2021 after learning that a piece of land adjacent to Burke Park was coming up for sale. The first step was to work with their board to make an offer on behalf of the City of Bozeman and people of the Gallatin Valley in anticipation of the City’s financial commitment. Given the quick timeline, GVLT also commenced due diligence to prepare for the eventual property acquisition by the City as described in their attached application letter. The City Commission approved the project on December 14, 2022 including 24 Burke Park/Peet’s Hill Expansion and Overlook Project Section 2 – Page 3 of 3 the City’s funding commitment authorized in Resolution 5353 and directed City staff to work with GVLT to prepare for the closing which occurred January 2022. Future phases of the project will commence in 2022 starting with design refinement and Burke Park Master Plan Amendment at City Commission. Trail work is expected to commence during the summer of 2022 and the new seating area and overlook will be completed by the fall of 2023. 8. Describe anticipated maintenance requirements for the project along with an explanation of who will be responsible for maintenance and maintenance costs. As the property is now under City ownership, all maintenance responsibilities, including but not limited to weed management, trail maintenance and dog waste removal, will fall on the City and will be funded through the Parks and Trails District. It is anticipated that the City and Gallatin Valley Land Trust will have a separate donor-recognition agreement to outline terms of maintenance for certain elements of the seating and overlook areas. GVLT may also choose to support trail maintenance with volunteer events. 9. Please attach any supporting documents, maps, pictures, letters of support, etc. that may be useful in the initial evaluation of your proposal. The following materials have been attached in Section 3: 1. Conceptual Designs for Improvements (trails, scenic overlook, seating area with donor recognition features) 2. Burke Park Vicinity Map 3. Excerpts from December 14, 2021 City of Bozeman Commission Packet for Gallatin Valley Land Trust Project Application: o City of Bozeman Parks and Recreation Staff Memo o GVLT Application Letter o Project Cost Estimate o Summary of Public Engagement and Letters of Support o Public Comment Letter 4. City of Bozeman Resolution 5353 Authorizing Project Funding 5. Gallatin Valley Land Trust Support Letter The City of Bozeman is able to provide other land acquisition documents as requested. 10. Provide 15 copies of your completed application and supporting documentation and one digital copy. Application was submitted Friday, March 18 to the Gallatin County Planning Department. 25 26 PEETS’ HILL S. CHURCH AVE.NORTH2040800GATHERING AREA & LOOKOUT ENLARGEMENT - 1”=10’510200PLAN KEY NOTES:GATHERING AREA KEY NOTES:GATHERING AREA & LOOKOUTRIDGE PROMENADELOOKOUTRECLAMATION AREAMOUNTAIN RANGE VIEW FINDER& BOULDER BENCHMAIN PARK SIGN11223334455559999999777111111666610108881212BOULDER SEATINGMEDICINE WHEELEXISTING, IMPROVED TRAILMAIN PARK SIGNPARKINGDONOR RECOGNITION WALL27 SITE INVENTORYPEETS’ HILL NORTHPLAN REFERENCE - NTS RIDGE OVERLOOK31NORTH23. GATHERING AREA & LOOKOUT1 RIDGE PROMENADE23 RIDGE OVERLOOK3BRIDGERBRIDGERCRAZYCRAZYABSAROKAABSAROKAGALLATI N GALLATI N MADISONMADISON TOBACCO ROOTSTOBACCO ROOTSELKHORNELKHORN28 21,3510.7 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 2,4880 Legend 1,244 Location 2,488 Addi Jadin Burke Park/Peet's Hill Expansion and Improvement Project Created By: Created For: Vicinity Map Trails Paved Paths Gravel Paths Parks City Limits Streams Lakes Downtown Bozeman Sunset HillsCemetery Bozeman Health DeaconessHospital Bozeman CreekLocation 29 30 Memorandum REPORT TO: Recreation and Parks Advisory Board FROM: Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT: Burke Park/Peet's Hill Expansion and Improvement Proposal and Resolution 5353 Gallatin Valley Land Trust Application for Cash-in-lieu of Parkland Funds for Phase I Property Acquisition Matching Funds MEETING DATE: November 4, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Approve the Burke Park/Peet's Hill Expansion and Improvement Proposal and Resolution 5353 Gallatin Valley Land Trust Application for Cash-in-lieu of Parkland Funds for Phase I Property Acquisition Matching Funds STRATEGIC PLAN: 6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND: The Gallatin Valley Land Trust has submitted a proposal to the City to purchase and install improvements on 12 acres at the south end of Burke Park/Peet's Hill. The proposal includes an initial application for $485,000 of cash-in-lieu of parkland (CILP) funding to cover purchasing and closing costs associated with the land transaction that would allow direct transfer of the property to the City of Bozeman. Additional phases of the project will include improvements as outlined in the grant application including expansion of the trail system, overlooks, a gathering/gateway area and donor recognition. As described in the proposal letter, GVLT requests that the City's funding for the project be applied to the property acquisition. In addition to the initial $485,000 payment, an additional amount of $315,000 plus financing costs is to be paid to GVLT within 2 years. Possible funding sources for the additional land acquisition costs include cash-in- lieu of parkland, grants, cash-in-lieu of parkland, and donations. The aforementioned proposal allows the property acquisition to move forward on GVLT's negotiated closing date in January 2021 with direct transfer of the property to the City, ensures CILP funding is available for other projects throughout the improvement phases, and allows GVLT to retain funding from their donors for property improvements. CILP Balance: The current unallocated balance for cash-in-lieu of parkland grants is 1 Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 31 approximately $890,000. The phase 1 grant of $485,000 amounts to approximately 54% of the current balance and if approved, the remaining balance would be $405,000. Staff recommends that the existing 58 CILP funding sources under $10,000 be applied to this project and the balance to be withdrawn from the remaining CILP funds. The balance of projects under $10K is approximately $140K. Future Phases: Future phases of the project will include refinement of proposed improvements, Burke Park Master Plan Amendment, grant applications by City staff, grant applications by GVLT, and completion of City financing. Preservation and restoration of existing wildlife and native plant species will be considered during the amendment to the park master plan. Additionally, amendments to Section 8.02.080 Bozeman Municipal Code regarding animal restraint requirements for the newly acquired parcel will be considered at that time. Until a code amendment is completed, dogs would be required to be on leash within the newly acquired parcel. UNRESOLVED ISSUES: Future funding sources and amounts for future project phases will be determined at the time of subsequent phases of the project and will be based on availability of cash-in-lieu of parkland , grants received, and other unidentified funding sources. Under the current proposal, the final cost to the City is unknown. By limiting City funds to acquisition costs, the land trust may finance the City's portion until it is paid including financing costs. Terms of financing are unresolved. Expansion of the restraint-free area at Burke Park will be considered during future phases of the project. ALTERNATIVES: Per Recreation and Parks Advisory Board or Commission decision. FISCAL EFFECTS: The Cash-In-Lieu of Parkland balance of $805,000 will be reduced to $320,000 if the initial grant request for $485,000 is approved. 2 Supplemental Materials Section 3 - Page <<3>> of 34 32 •P. O. Box 7021 • Bozeman, MT 59771 • • 406-587-8404 • www.gvlt.org • November 1, 2021 Bozeman City Commission Recreation & Parks Advisory Board 415 N Bozeman Ave. Bozeman, MT 59715 Dear City Commissioners and RPAB Members, Gallatin Valley Land Trust (GVLT) is pleased to present the attached Cash-in-Lieu of Parkland application that would provide essential funds to complete the “Protect Peets’ Final Piece” parkland acquisition and improvement project. If approved for full funding, this project will permanently protect 12 new acres as a City Park and would expand Burke Park (also known as “Peets Hill”) by 30%. This is a “once-in-a-lifetime” opportunity and quite possibly our last chance as a community to come together to protect the last large parcel on Peets Hill. GVLT is currently under contract to acquire the property; however, the timeline is tight. We have until January 18, 2022 to secure funds and complete the purchase. Earlier this fall, GVLT launched a fundraising campaign for a portion of the acquisition costs and associated due diligence, project management and improvements. Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. We heard from youth cycling groups and cross-country running teams. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. The total cost of this project is $1.6 million. GVLT is requesting that the City of Bozeman invest $800,000 in this project which will provide a 1:1 match of the $800,000 dollars that GVLT has already secured through private donations. All of the City funds will go directly towards purchasing the property. As the project budget details, we are proposing a multi-phase funding request from the City that includes a Phase I Acquisition request of $485,000 from the Cash-in-Lieu of Parkland fund, with future funding sources from the City yet to be finalized. We have received overwhelming public support for this project in the form of more than 650 individual donors, spread out across Bozeman, and beyond. Our community rallied around the cry to “Protect Peets’ Final Piece.” Now we are asking you to consider allocating money designated specifically for park acquisition to expand Peets Hill, to preserve the trails, the wildlife habitat and the scenic qualities that make this place a top attraction in Bozeman. Thank you for considering our application and we look forward to presenting additional information and answering questions at the upcoming public meeting. Sincerely, Chet Work Executive Director Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 33 Overview of Project and Request Gallatin Valley Land Trust (GVLT) invites the City of Bozeman (City) to partner on the acquisition of 12 acres of undeveloped land on Peets Hill and to protect it forever as a City park. The privately-owned property is located directly south of Burke Park and is contiguous with the existing park boundary. This project would permanently protect the last large parcel on Peets Hill and would increase the size of Burke Park by nearly 30%. The 12-acre property was listed for sale on the open market in July and GVLT narrowly secured a purchase agreement which allows until January 18, 2022 to complete the acquisition. The total cost for the project is approximately $1,600,000 which includes property acquisition, restoration and improvements. GVLT is requesting $800,000 from the City of Bozeman that would go directly towards the purchase price for the property. GVLT has secured an additional $800,000 through private fundraising that will match the City’s investment in this project. Ideally, all $800,000 of City funds would be available before closing of escrow on January 18, 2022. If that is not possible, GVLT will pursue bridge financing to cover the gap in City funding and could structure the transaction as an installment sale as follows: •First installment: $485,000 from Cash-in-Lieu: With respect for other City priorities, this application requests $485,000 through the Cash-in-Lieu of Parkland fund which is only a portion of the total funds required to close on the property. These funds would go directly towards the purchase of the property. •Second installment: $315,000 from other City funds: In order to provide the City with additional time, the remaining $315,000 (plus financing costs) could be scheduled over the next 24 months. During this time, the City could determine how to best acquire and allocate these additional funds. GVLT would secure bridge financing to cover the gap. Current Request from CIL: $485,000 Background In late June of this year, we, the board and staff of GVLT, learned that 12 acres of undeveloped land on the south end of Peets Hill were about to be listed for sale on the open market. This property has been on GVLT’s radar for many years because it is directly adjacent to one of Bozeman’s most beloved parks - Burke Park aka Peets Hill. We recognized that purchasing this property represented a “once-in-a-lifetime” opportunity to expand the park and buffer the existing parkland from encroaching development. Given the current real estate market and rapid development in the area, we also knew that we had to act quickly and decisively to have any chance of competing with other offers. Not surprisingly, within 24 hours of the property being listed, multiple offers had come in, including one from GVLT. After a few tense weeks of uncertainty, GVLT secured a purchase agreement for the property amidst a handful of developers and competing bids. Our agreement includes a 6-month term to close on the property, which gives us until mid-January to complete property investigations, and raise funds. If we are unable to secure the necessary funds by mid-January, the property will be re-listed and will likely sell for residential development. There may already be a back-up offer in place. In the early 1990s, GVLT, the City of Bozeman and the Burke Family partnered to protect the original 40+ acres that created Burke Park. The property was originally owned by the Peets 1 Materials 34 family who allowed the community to use the property for many years, which is why it is also known locally as “Peets Hill”. GVLT facilitated the acquisition with the Burke family and the property was eventually purchased by the City of Bozeman as parkland. In the original transaction, the Burke family held onto two development lots on the top of Peets Hill. In 2008, GVLT and the City of Bozeman again partnered with the Burke Family to acquire those parcels to ensure that the upper portion of Peets Hill would remain open to the public and not impaired by residential development. The current 12-acre property under consideration is the last large parcel on Peets Hill. It consists of native grasslands and shrubs that provide habitat for a diversity of birds and small mammals. The property provides spectacular views of the City of Bozeman and beyond. The property has an existing trail across it that provides trail connectivity from the top of Peets Hill to Sourdough Rd/South Church. This popular trail sees an average of 163 users per day and has a high of 247 users per day according to a trail counter located along the trail. Though the existing trail easement is somewhat secure, its location is not. The existing trail easement specifically allows the trail to moved anywhere on the property to accommodate homes, roads, utilities and other infrastructure. A provision is even made for termination of the easement should the City of Bozeman not accept the trail corridor as fulfillment of development requirements should the property be subdivided and developed. Additionally, GVLT sees opportunities to improve the existing trails on the property and enhance the parkland with expanded trails and natural lookouts providing spaces for quiet reflection of nature and taking in the spectacular views. GVLT has already hosted preliminary design and feasibility meetings with landscape architects to brainstorm community interests and needs for parkland improvements. There was consensus that improvements should be minimal to reflect the natural beauty of the land, and also incorporate inclusive design for people with disabilities, language translation, and educational opportunities around Native American history. GVLT sees an opportunity to rehabilitate the existing trail tread to provide a smoother, more stable surface and create more sustainability to reduce erosion and improve drainage. Proposed enhancements and much needed maintenance to the existing trail would be covered entirely by GVLT private fundraising efforts. Budget Please see the attached detailed budget. Many of the budget items related to property investigations (e.g. title review, environmental site assessment, survey, etc.) have already been incurred by GVLT as we have been completing necessary property investigations to keep the transaction moving forward. GVLT has also committed $60,000 in earnest money to secure the purchase agreement. As you can see in the attached budget, GVLT is covering all of these costs and providing them as a match to the requested funds from City of Bozeman. Because our contract on the property is extremely short, we have had to move quickly to take advantage of this opportunity. Phase I: Property Acquisition – The negotiated purchase price for the property is $1,225,000 and the closing date is January 18, 2022. The appraised fair market value of the property is $1,400,000. Once the property hit the market in July, GVLT mobilized quickly and negotiated Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 35 extensively to secure a purchase agreement on the property. Our first offer on the property was actually rejected in favor of a different offer from a developer. Fortunately, we were able to submit a backup offer and when the developer’s offer terminated, our backup offer became active. Since our offer was accepted, GVLT has been working diligently through the necessary property investigations. As detailed in the attached budget, the transaction costs associated with the purchase of the property total a little over $100,000 which is all being covered by GVLT as a match to the project. Phase II: Restoration and Improvements – GVLT has worked with Design 5 to complete an initial feasibility assessment on proposed improvements to the property. The cost of improvements are rough estimates created on a short timeframe. Because of the natural beauty of the property, the general concept is to have a “light touch” and have any new amenities blend into the landscape. However, a more thorough master planning process for the park may need to be completed, which could modify the proposed budget. Many of the private donors to this project noted the opportunity to improve the accessibility, community spaces and natural features of the property as a primary motivation for giving to the project. As noted in the budget, approximately $300,000 of individual donor funds as well as in-kind contributions from GVLT, Design 5 and other groups will be used for site planning and improvements on the property. Property Due Diligence GVLT has completed substantial property investigations and due diligence on the property. All of the following reports have been provided to the City of Bozeman for review. •Property appraisal – GVLT contracted with an independent, certified appraiser to conduct an appraisal of the property. The effective date of the appraisal is September 1, 2021. The appraisal report determined that the fair market value of the property is $1,400,000. The A woman takes in the views as she walks her dog on the connector trail that traverses across the subject property 3 Supplemental Materia 36 highest and best use of the property from an appraisal perspective was identified as a 5- lot subdivision. Utilities, water and sewer are accessible from pipelines that run north from Kagy Boulevard. The appraised value of the property is substantially higher than the purchase price, ensuring that GVLT and the City of Bozeman would not be paying above fair market value for the property. The City of Bozeman is listed as an intended user of the appraisal. •Title Review – GVLT ordered a title commitment from American Land Title Company of Bozeman. GVLT staff and outside counsel have reviewed the title and found the title to be very clean given the location of the property within city limits. The title commitment and title exception documents have been provided to City staff for review. •Phase I Environmental Site Assessment – GVLT contracted with TD&H engineering to conduct a Phase I Environmental Site Assessment of the property. The environmental assessment did not identify any environmental concerns on the property and no further action was recommended. •Property Boundary Survey – GVLT contracted with surveyor Jonathan Roen of Roen, Inc to locate and mark the boundaries of the property. •Minerals Ownership – GVLT contracted with a mineral ownership reviewer who determined that the current landowner own all mineral rights associated with the property. It is expected that the mineral rights would transfer if the property is acquired. Timeline for Completion: As noted above, GVLT is under contract on the property and the closing date for the transaction is January 18, 2022. If we have not secured the necessary funds by that date, the contract would terminate, and the property would return to the open market. Design and feasibility for improvements on the property would begin soon after purchasing the property in close coordination and collaboration with City of Bozeman parks staff. Conclusion Earlier this fall, GVLT launched a fundraising campaign for a portion of the acquisition costs and associated due diligence, project management and improvements. The community was overwhelmingly supportive of this project and 650 individuals made donations of all sizes our campaign totaling $800,000. Even more impressive than the financial commitments were the stories we heard from the community. We heard from couples who had first dates, engagements and weddings on Peets Hill. We heard from people who processed some of the hardest moments of their lives while sitting on a bench there. We heard about 4th of July Fireworks, solar eclipses, and sunsets. Families shared memories of sledding, teaching their children to ride a bike and walking the family dog. An overwhelming number of people made donations in honor of their pets. We heard from seniors who live at the Knolls and Aspen Point; the park is where they move daily and stay connected to community. We heard from youth cycling groups and cross- country running teams. We heard from staff who work at the hospital and use the trails along Peets Hill for a much-needed recharge. And while Peets Hill is an urban park in the heart of Downtown, we heard from many that the park’s natural beauty was its most important feature. Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 37 Burke Park contains some of the most diverse plant populations per acre (217 species) in the Greater Yellowstone Ecosystem! We even heard from visitors to our area that have enjoyed the views on their adventures. GVLT, the 300+ signers to our attached letter of support and our 650 donors for this project, believe that the project to Protect Peets’ Final Piece is worthy of a highly leveraged $800,000 investment of City of Bozeman. Thank you for considering this application and please let us know if there is additional information we can provide. Pups pose for a photo as official members of the ‘Peets Pack’ 90 people made donations to the project in honor of their dogs. 5 s 38 Phase I: Land Acquisition Detail Total Cost City of Bozeman % CoB Match Source Purchase 485,000$ Cash in Lieu 315,000$ GVLT Bridge Loan to City Purchase of land 12 acres at approx. price of $2.33/square ft.1,225,000$ 800,000$ 425,000$ GVLT Transaction Costs Title and closing title insurance, closing costs 4,000$ -$ 4,000$ GVLT Appraisal property appraisal 4,000$ -$ 4,000$ GVLT Phase 1 ESA environmental site assessment 5,000$ -$ 5,000$ GVLT Boundary survey to locate property boundaries 1,500$ -$ 1,500$ GVLT Minerals ownership review to determine mineral ownership 525$ -$ 525$ GVLT Legal review contract drafting and review 12,000$ -$ 12,000$ GVLT Site planning to develop conceptual plan 20,000$ -$ 20,000$ Design 5 (donated) GVLT project management negotiations, due diligence, fundraising, 900hr @ $60hr avg 54,000$ -$ 54,000$ GVLT PHASE I Total 1,326,025$ 800,000$ 60%526,025$ 40% Phase II: Improvements Detail Total City of Bozeman % CoB Match Match Source Site Preparation and Reclamation Erosion control 6,500 SF @ $0.75 4,875$ -$ 4,875$ GVLT Grading and site layout 7,500 SF @ $0.38 2,850$ -$ 2,850$ GVLT Top soil & amendments 495 CY @ $5.00 2,475$ -$ 2,475$ GVLT Native reclamation seeding 40,500 SF @ $0.25 10,125$ -$ 10,125$ GVLT Mobilization 1 EA @ $5,000 5,000$ -$ 5,000$ GVLT Site Amenities - Trails & Overlooks 4' gravel paths 3,850 LF @ $11.00 42,350$ -$ 42,350$ GVLT Trail directional sign 3 EA @ $500 1,500$ -$ 1,500$ GVLT Trail educational sign 8 EA @ $1,000 8,000$ -$ 8,000$ GVLT Pet waste receptacle 2 EA @ $350 700$ -$ 700$ GVLT Sculpture park - concrete pads 530 SF @ $6.00 3,180$ -$ 3,180$ GVLT Trail benches 3 EA @ $1,500 4,500$ -$ 4,500$ GVLT Boulder seating at overlook 15 EA @ $750 11,250$ -$ 11,250$ GVLT Site Amenities - Gateway & Gathering Space Circular gravel pad (30')706 SF @ $8.00 5,648$ -$ 5,648$ GVLT Boulder seating 17 EA @ $750 12,750$ -$ 12,750$ GVLT Mountain Range View Finder 4 EA @ $12,000 48,000$ -$ 48,000$ GVLT Inset Steel Medicine Wheel 1 EA @ $45,000 45,000$ -$ 45,000$ GVLT Donor Gateway - Engraved boulders 20 EA @ $750 15,000$ -$ 15,000$ GVLT Design & Project Management Landscape design site planning 18,000$ -$ 18,000$ Design 5 (donated) Civil engineer construction design 7,500$ -$ 7,500$ GVLT Native plant consultant for restoration work 2,000$ -$ 2,000$ GVLT GVLT project management 300 hrs @ $60/hr 18,000$ 18,000$ GVLT Contingency 10% construction contingency 30,000$ -$ 30,000$ GVLT PHASE II Total 298,703$ 298,703$ Total Cost City of Bozeman Match % Match TOTAL 1,624,728$ 800,000$ 49%824,728$ 51% CIL Request 485,000$ Phase I: Land Acquisition (Fall/Winter 2021) Peets Hill/Burke Park Expansion Project Budget Phase II: Improvements (Spring/Summer 2022) Burke Park/Peet's Hill Expansion and Improvement Project Section 3 - Supplemental Materials 39 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Recommend Rejecting All Bids for the 2022 N 7th Avenue Water Renovations Project and Rebidding the Project at a Later Date MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Reject all bids for the 2022 N 7th Avenue Water Renovations Project and rebid the project at a later date STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the bid results for the above mentioned project. The project generally includes: abandoning the existing water main in North 7th Avenue between juniper Street and Oak Street and installing a new water main within the North 8th Avenue right-of-way. The purpose of this work is to relocate the City water main outside of the Montana DOT right-of-way which will improve accessibility and maintenance operations for City Staff. Bids for the above-referenced project were opened on July 11th with 1 bid being submitted. The bid was submitted by Omdahl Excavation and Utilities in the amount of $552,260 for the base bid which was 42% over the engineer’s estimate. In the opinion of City staff, this bid is not commensurate with the scope of the project and is not a responsible use of City funds. Therefore, City Staff recommends rejecting this bid and re- advertising the project this fall. UNRESOLVED ISSUES:None ALTERNATIVES:Authorize the City Manager to sign the Notice of Award to Omdahl Excavation and Utilities for the Total Schedule 1 Base Bid plus miscellaneous work in the amount of $552,260 FISCAL EFFECTS:None Attachments: Bid Sheet.pdf 40 Report compiled on: July 12, 2022 41 NAME & ADDRESS Contractor License #Bid Price Omdahl Excavation & Utilities Inc. 659 Morning Mist Road Mahattan, MT 59741 37068 Yes Yes $ 552,260.00 Mike Maas Kellen Gamradt City Clerk Engineer Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - 2022 Water Renovations These bids were opened and read before the undersigned at 2:00 PM on Monday, July 11, 2022 NON-DISCRIMINATION AFFIRMATION BID BOND DocuSign Envelope ID: 1AAEDEC4-8B1C-48BE-AA27-469CF9849218 42 2022 N 7th Ave Water Renovations (#8227329) Owner: Bozeman MT, City of Solicitor: Bozeman MT, City of 07/11/2022 02:00 PM MDT Engineer Estimate Omdahl Excavation & Utilities, Inc. Section Tit Line Item Item Code Item Descr UofM Quantity Unit Price Extension Unit Price Extension Schedule 1 $388,620.00 $552,260.00 101 101 Taxes, Bon LS 1 $7,500.00 $7,500.00 $38,000.00 $38,000.00 102 102 MobilizatioLS 1 $15,000.00 $15,000.00 $24,500.00 $24,500.00 103 103 ConnectionEA 7 $2,000.00 $14,000.00 $3,000.00 $21,000.00 104 104 8" MJ GateEa 4 $2,600.00 $10,400.00 $4,800.00 $19,200.00 105 105 6" MJ GateEa 4 $2,400.00 $9,600.00 $3,500.00 $14,000.00 106 106 8"x6" ClassEa 4 $900.00 $3,600.00 $1,000.00 $4,000.00 107 107 8"x4" ClassEa 1 $850.00 $850.00 $900.00 $900.00 108 108 8" Class 35Ea 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00 109 109 8"x6" ClassEa 3 $1,200.00 $3,600.00 $1,600.00 $4,800.00 110 110 6" Class 35Ea 1 $1,200.00 $1,200.00 $1,400.00 $1,400.00 111 111 8" Class 35Ea 2 $900.00 $1,800.00 $1,200.00 $2,400.00 112 112 6" Class 35Ea 2 $900.00 $1,800.00 $1,200.00 $2,400.00 113 113 4" Class 35Ea 3 $800.00 $2,400.00 $1,000.00 $3,000.00 114 114 8" Class 35Ea 1 $800.00 $800.00 $1,000.00 $1,000.00 115 115 8" Class 35Ln Ft 587 $90.00 $52,830.00 $120.00 $70,440.00 116 116 6" Class 35Ln Ft 109 $90.00 $9,810.00 $100.00 $10,900.00 117 117 4" Class 35Ln Ft 220 $90.00 $19,800.00 $120.00 $26,400.00 118 118 Service ConEa 4 $800.00 $3,200.00 $1,200.00 $4,800.00 119 119 1" DiameteLn Ft 406 $90.00 $36,540.00 $100.00 $40,600.00 120 120 2" DiameteLn Ft 171 $90.00 $15,390.00 $120.00 $20,520.00 121 121 4" DiameteEa 2 $1,000.00 $2,000.00 $4,200.00 $8,400.00 122 122 4" DiameteEa 2 $1,500.00 $3,000.00 $3,000.00 $6,000.00 123 123 Fire HydranEa 3 $6,300.00 $18,900.00 $7,300.00 $21,900.00 124 124 Fire HydranEa 1 $6,400.00 $6,400.00 $7,400.00 $7,400.00 125 125 Remove ExEa 3 $900.00 $2,700.00 $1,000.00 $3,000.00 126 126 Insulation Ln Ft 300 $12.00 $3,600.00 $25.00 $7,500.00 127 127 Traffic ConLS 1 $35,000.00 $35,000.00 $48,000.00 $48,000.00 128 128 TemporaryLS 1 $45,000.00 $45,000.00 $45,000.00 $45,000.00 129 129 Asphalt Su Sq Yd 570 $40.00 $22,800.00 $80.00 $45,600.00 130 130 Concrete CSq Ft 150 $20.00 $3,000.00 $60.00 $9,000.00 131 131 White EpoxLS 1 $1,000.00 $1,000.00 $3,000.00 $3,000.00 132 132 Type 2 PipeCu Yd 30 $40.00 $1,200.00 $60.00 $1,800.00 133 133 Imported BCu Yd 30 $40.00 $1,200.00 $60.00 $1,800.00 134 134 Locate & R Ea 2 $750.00 $1,500.00 $1,000.00 $2,000.00 135 135 Miscellane Ea 30000 $1.00 $30,000.00 $1.00 $30,000.00 Base Bid Total: $388,620.00 $552,260.00 43 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Utility Easement with L&S Properties, LLC for Oak and Cottonwood Phase 1 (21379) MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with L&S Properties, LLC for Oak and Cottonwood Phase 1 (21379). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Utility Easement Report compiled on: July 20, 2022 44 45 46 47 48 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Utility Easement with 70 Bucks, LLC for the Alderson 5 Row Houses Site Plan (21164) MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with 70 Bucks, LLC for the Alderson 5 Row Houses Site Plan (21164). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Utility Easement Report compiled on: July 21, 2022 49 50 51 52 53 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Temporary Occupancy Permit with Montana Rail Link to Facilitate Exploratory Excavation and Inspection of an Existing Trunk Sewer Main Crossing the Railroad MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a temporary occupancy permit with Montana Rail Link to facilitate exploratory excavation and inspection of an existing trunk sewer main crossing the Railroad STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City has identified a section of 21-inch gravity sewer main in poor structural condition beginning near the northeast corner of Walmart’s Propety off of North 7th Avenue and ending at a 30-inch trunk sewer main connection in Rouse Avenue near the Lehrkinds Propety. This sewer main was installed in 1969 and crosses under the railroad tracks (MRL), interstate 90 (MDOT), along Evergreen Drive (COB), and thru the Lehrkinds Property. This sewer main is very difficult for City crews to access for maintenance and has a high probability of failure. The City is proposing cure-in-place pipe lining to improve the condition of this pipe. MRL has requested that the City complete a condition analysis of the existing truck sewer main before lining the pipe. The attached agreement will allow the City to complete this work. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:The cost of this permit is $1,350 which will be paid for from approved funding from our annual wastewater fund Attachments: 300773 - Bozeman City of - TOP Unsigned Muni Form- 6-27- 54 2022.pdf Report compiled on: July 18, 2022 55 Temporary Occupancy Permit January 2021 Page 1 of 4 TEMPORARY OCCUPANCY PERMIT 300,773 MONTANA RAIL LINK, INC. REAL ESTATE DEPARTMENT 101 INTERNATIONAL WAY PO BOX 16624 MISSOULA, MONTANA 59808-6624 02BOZEMAN Subject to the terms and conditions hereinafter set forth, permission is hereby granted to City of Bozeman a Municipal corpoartion and a Political Subdivision of the State of Montana whose mailing address is PO Box 1230, Bozeman, MT 59771 hereinafter called "Permittee", to enter upon the premises of MONTANA RAIL LINK, INC., hereinafter called "Railroad", located in the City of Bozeman, County of Gallatin, State of Montana, Milepost 141+0460, for the purpose of locating the Permittee's existing 21" sewer pipeline (Permit No. 74,115) via vacum excavation, opening the pipeline for camera inspection, and sealing and re-burying the pipeline shown on the attached drawings dated March 31, 2022. A copy of the inspection results is to be presented to Railroad for the file of Permit No. 74,115. The permission hereby granted is subject to: 1. Existing leases, licenses and permits heretofore granted by Railroad or its predecessors in interest affecting the said premises. 2. There is a Six Hundred Dollar ( $600.00 ) nonrefundable application fee and a Seven Hundred Fifty Dollar ( $750.00 ) fee for this permit. Permittee shall have a copy of this Agreement at the job site. 3. Billing or acceptance by Railroad of any rental shall not imply a definite term or otherwise restrict either party from canceling this Permit as provided herein. Either party hereto may assign any receivables due it under this Permit; provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Permit. All Rent and other monetary payments under this Permit from Permittee to Railroad shall be delivered solely to the following address: Montana Rail Link, Inc. PO Box 16624 Missoula, MT 59808 Railroad shall have the right to designate at any time and from time to time a different address for delivery of such payments. No fee or other payment sent to any other address shall be deemed received by Railroad unless and until Railroad has actually posted such payment as received on the account of Permittee, and Permittee shall be subject to all default provisions hereunder, late fees and other consequences as a result thereof in the same manner as if Permittee had failed or delayed in making any payment. Permittee shall reimburse Railroad for all reasonable costs (including court costs, attorneys’ fees and other collection fees) expended in the collection of Rent, the eviction of Permittee from the premises or other amounts which become due hereunder. All amounts due hereunder which are not paid within thirty (30) days of the invoice date shall accrue interest at a rate of one and one-half percent (1 ½%) per month or the maximum rate allowable by law whichever is less. The obligation to pay amounts which become due shall survive the termination of this Permit. 4. Permittee acknowledges that Railroad utilizes the rental collection system involving direct deposit of monies received through a financial institution selected by Railroad, which precludes Railroad’s ability to exercise rejection of a payment before Permittee’s check is cashed. Permittee agrees that as a condition of Railroad granting this permit, Permittee hereby waives any rights it may have under law to force continuation of this Permit due to Railroad having accepted and cashed Permittee’s remittance. Railroad shall have the option of rejecting Permittee’s payment by refunding to Permittee the rental amount paid by Permittee, adjusted as set forth in this Permit, and enforcing the termination provisions of this Permit. 5. Cancellation effective September 30, 2022, or at any time prior thereto on five (5) days' written notice by either party hereto given one to the other. Failure to execute this agreement within sixty (60) days of the effective date shall terminate any rights Permittee may have under this agreement. However, such failure shall not operate to relieve Permittee of any liabilities assumed hereunder. 6. All work performed on the premises shall be done in a good and workmanlike manner so as not to interfere with the tracks, operation of trains, communications and other facilities of Railroad. 56 Temporary Occupancy Permit January 2021 Page 2 of 4 7. If Railroad's Roadmaster, Chris Seymour, 406.223.3237 determines that it will be necessary to furnish a flagman during the work, Permittee agrees to reimburse Railroad for the expense of flagging incurred by Railroad. 8. No holes are to be drilled within 25 feet of any trackage without the written approval of the Railroad's Chief Engineer. 9. All holes or depressions resulting from the activities of the Permittee on the said premises shall be filled and leveled by Permittee in a manner satisfactory to the Railroad's Chief Engineer. 10. No right of way fences shall be removed or altered without the written approval of the Railroad's Chief Engineer. 11. A. TO THE FULLEST EXTENT PERMITTED BY LAW, PERMITTEE SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, BNSF, BURLINGTON NORTHERN SANTA FE LLC AND EACH OF THE AFOREMENTIONED PARTIES' AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS PERMIT, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS; (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS PERMIT; (iii) PERMITTEE’S OCCUPATION AND USE OF THE PROPERTY; (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PROPERTY CAUSED BY, AGGRAVATED BY, OR CONTRIBUTED IN WHOLE OR IN PART, BY PERMITTEE; OR (v) ANY ACT OR OMISSION OF PERMITTEE OR PERMITTEE’S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH PERMITTEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES (1) TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE OR (2) WHOLLY CAUSED BY THE SOLE NEGLIGENCE OF AN INDEMNITEE. B. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 11A, PERMITTEE SHALL NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT AN INDEMNITEE IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PROPERTY FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. PERMITTEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. PERMITTEE FURTHER AGREES THAT THE USE OF THE PROPERTY AS CONTEMPLATED BY THIS PERMIT SHALL NOT IN ANY WAY SUBJECT ANY INDEMNITEE TO CLAIMS THAT ANY INDEMNITEE IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LESSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PROPERTY. C. TO THE FULLEST EXTENT PERMITTED BY LAW, PERMITTEE FURTHER AGREES, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS’ LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF PERMITTEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY 57 Temporary Occupancy Permit January 2021 Page 3 of 4 INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. D. Upon written notice from any Indemnitee, Permittee agrees to assume the defense of any lawsuit or other proceeding brought against such Indemnitee by any entity, relating to any matter covered by this Permit for which Permittee has an obligation to assume liability for and/or save and hold harmless such Indemnitee. Permittee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 12. Ten (10) days' advance notice of intention to enter upon Railroad's premises for the performance of activities permitted hereunder shall be given by Permittee to said Chief Engineer. 13. The location and log of any borings or survey made on said property shall be kept by Permittee or its contractor and a copy thereof furnished to Railroad. 14. In addition to, and not in exclusion of, other provisions of this Permit, Permittee holds Railroad harmless from any actions or omission of Permittee causing liability. 15. INSURANCE COVERAGE must be provided as follows: Permittee agrees to obtain and to keep in force and effect during the entire term of this Agreement, at Permittee’s own expense, the following insurance coverage: a. Commercial General Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA. b. Automobile Liability Insurance with limits as provided for under Montana Law Section 2-9-108, MCA. c. Worker's Compensation Insurance for those of its employees who are concerned in any way with Permittee's performance under this Agreement. d. In the event Permittee desires to engage in any construction or demolition activity on Railroad property and within 50 feet of Railroad’s rail line, Permittee shall procure a Railroad Protective Liability insurance policy naming only the Railroad as the Insured with coverage of at least the following: · Limits of $2,000,000 per occurrence and $6,000,000 general aggregate; · Endorsed to include the Pollution Exclusion Amendment; · Endorsed to include Evacuation Expense Coverage; · If coverage is not purchased under Railroad’s policy the original policy must be provided to the Railroad prior to performing any work or services under this Agreement. e. Permittee, as an option to the above referenced insurance coverages, excluding Railroad Protective Liability Insurance, may provide Railroad with a letter from Permittee’s Risk Management Division, or its respective Insurance Department, evidencing the necessary insurance coverages satisfactory to Railroad. If Permittee is a qualified self insurer, Permittee agrees to treat Railroad as an additional insured as if there was insurance and to be responsible for payment of any self insured retention or deductible. f. Railroad may require Permittee to obtain a surety bond guaranteeing all or part of the Agreement. The surety bond shall be issued by a surety licensed to do business in the state where the property is located and in a form and amount acceptable to Railroad. The surety shall also hold Certificates of Authority as an Acceptable Surety listed in the US Department of Treasury's Federal Register. g. Any Party performing any work related to this Agreement shall have a copy of the Agreement at the designated job site. 58 Temporary Occupancy Permit January 2021 Page 4 of 4 Other requirements: All of the above except for Workers Compensation Liability Insurance shall contain the following endorsements, which shall be indicated on the certificate of insurance: · The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property; · Shall release Railroad as to the payment of any earned premium; The furnishing of insurance required by this Agreement shall in no way limit or diminish the liability or responsibility of Permittee as provided under any section of the Agreement. The insurance certificate provided by Permittee must be satisfactory to the Railroad as to insurance carriers covering the risk. 16. It is understood and agreed that this Permit shall not be placed on public record. IN WITNESS WHEREOF, the parties have executed this agreement this 1st day of July, 2022. The above terms and conditions are hereby accepted and agreed to. Montana Rail Link, Inc., a Montana corporation By: Joe Gentri, Manager Real Estate PERMITTEE City of Bozeman, a Municipal corporation and a Political Subdivision of the State of Montana By: Printed Name: Title: 59 60 61 62 Memorandum REPORT TO:City Commission FROM: Griffin Nielsen, Project Engineer John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with AE2S to Provide Preliminary Engineering Design Services for the Membrane Backwash Recycling and Sludge Handling Project at the City of Bozeman Water Treatment Plant MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute a Professional Services Agreement with the firm of AE2S providing for preliminary engineering design services for the Membrane Backwash Recycling and Sludge Handling project at the City of Bozeman Water Treatment Plant. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The design of the Sourdough Water Treatment Plant (WTP), completed in 2014, provided for the recycle of all backwash water from the membranes to the head tower to increase available water for treatment, however in an effort to “preseed” the low turbidity influent water enhancing coagulant effectiveness the recycling operating procedure was not tested until late 2020. Through recent testing WTP operators have found that the current location of the recycle discharge pipe in the head tower does not allow for the recycled water to be fed directly into the plant’s influent pipe and allows for recycled water to spill over the plant’s overflow. Pipe modifications at the head town and to the gravity thickener are needed to ensure the recycled water is directed through the treatment process and the quality and thickness of extracted sludge is enhanced. By completing these modifications the plants operational efficiency and water conservation will be increased and the need for further sludge drying beds or filter press will be delayed. The attached PSA covers preliminary design which is the first phase of the project and will lay the groundwork final design and construction which will be covered with a future amendment to the PSA. UNRESOLVED ISSUES:None 63 ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The PSA with AE2S comes at a cost not to exceed $18,500 with funding provided by the Water Fund CIP Project W112 – Residual Handling Study. Attachments: Professional Service Agreement and Scope Report compiled on: July 20, 2022 64 Professional Services Agreement for WTP Membrane Backwash Project Page 1 of 12 Engineer’s Project No.: P05097-2020-005 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 Advanced Engineering and Environmental Services, LLC, a North Dakota limited liability company, hereinafter referred to as “Contractor” or “AE2S.” 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 _____ day of ______________, 202_, 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 may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, consultants, manufacturers, suppliers, and the publishers of technical standards. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 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. 65 Professional Services Agreement for WTP Membrane Backwash Project Page 2 of 12 Engineer’s Project No.: P05097-2020-005 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor 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 66 Professional Services Agreement for WTP Membrane Backwash Project Page 3 of 12 Engineer’s Project No.: P05097-2020-005 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or 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. 67 Professional Services Agreement for WTP Membrane Backwash Project Page 4 of 12 Engineer’s Project No.: P05097-2020-005 In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: ·Workers’ Compensation – statutory; ·Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; ·Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; ·Automobile Liability - $1,000,000 property damage/bodily injury per accident; and ·Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General 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 68 Professional Services Agreement for WTP Membrane Backwash Project Page 5 of 12 Engineer’s Project No.: P05097-2020-005 required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under 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 69 Professional Services Agreement for WTP Membrane Backwash Project Page 6 of 12 Engineer’s Project No.: P05097-2020-005 orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Contractor becoming aware 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 _Griffin Nielsen, PE__ 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 70 Professional Services Agreement for WTP Membrane Backwash Project Page 7 of 12 Engineer’s Project No.: P05097-2020-005 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 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 Brian Viall, PE 71 Professional Services Agreement for WTP Membrane Backwash Project Page 8 of 12 Engineer’s Project No.: P05097-2020-005 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 compliance with this Agreement and all applicable provisions of federal, state, and local law. The 72 Professional Services Agreement for WTP Membrane Backwash Project Page 9 of 12 Engineer’s Project No.: P05097-2020-005 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 balance thereof shall continue in effect. 73 Professional Services Agreement for WTP Membrane Backwash Project Page 10 of 12 Engineer’s Project No.: P05097-2020-005 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 __________________________. 32. Standard of Care: In providing services under this Agreement, Contractor will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Contractor shall, at the City’s request, re-perform the service at its own expense. Contractor shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re- performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law. 33. Ownership and Reuse of Documents: Upon payment in full by City to Contractor for all monies due Contractor under this Agreement, Contractor’s work products produced under this June 30, 2025 74 Professional Services Agreement for WTP Membrane Backwash Project Page 11 of 12 Engineer’s Project No.: P05097-2020-005 Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Contractor or to its officers, directors, members, partners, agents, employees, and consultants. 34. Limitations of Authority During Construction: AE2S shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall AE2S have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at a project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. AE2S neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between City and such contractor. AE2S shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except AE2S’s own employees) at a project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by AE2S. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 75 Professional Services Agreement for WTP Membrane Backwash Project Page 12 of 12 Engineer’s Project No.: P05097-2020-005 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 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Zach Magdol, PE Operations Manager 76 P05097-2020-005 – Bozeman WTP Membrane Backwash Recycle – Preliminary Engineering Phase Exhibit A: Scope Definition and Fee Summary Page 1 of 2 Bozeman, Montana Bozeman WTP Membrane Backwash Recycle – Preliminary Engineering Phase Services AE2S PROJECT NO.: P05097-2020-005 Exhibit A – Scope Definition and Fee Estimate Incorporation of Exhibit A: This is Exhibit A, referred to in and part of Professional Services Agreement dated ________________________, 2022 for the Bozeman Water Treatment Plant (WTP) Membrane Backwash Recycle Project. Assumptions and Exclusions: · Project Schedules outlined within assume an Effective Date of June 27, 2022 or earlier. · City of Bozeman responsible for paying Montana Department of Environmental Quality (DEQ) Review Fees. · City of Bozeman responsible for coordinating with Newspapers and Paying Advertisement costs. · Deliverables requiring approval from City of Bozeman City Commission will assume a completion date of the cut-off period for placing items on the City Commission Agenda following the completion schedules listed herein. Phase 030 – Preliminary Engineering Phase Services · See the Estimated Fee Summary identifying tasks to complete under this phase. · Deliverables: o Basis of Design Report identifying listed priorities in Task 02 in Estimated Fee Summary Table o 30% Drawings to Include the following tasks and sheets: Finish Modeling of Existing Conditions; Flow Summary and Pipe Material Schedules; Preliminary Piping and & Instrumentation Diagram (P&ID) Drawings; Demolition Sheets; Draft Sheet Specs. o Engineer’s Opinion of Probable Construction Cost (EOPCC) for each sub project. Phase 030 - Schedule: · Deliver Phase 030 Deliverables on or before August 17, 2022 · Hold Design Preliminary Design Review Meeting on or before August 17, 2022. 77 P05097-2020-005 – Bozeman WTP Membrane Backwash Recycle – Preliminary Engineering Phase Exhibit A: Scope Definition and Fee Summary Page 2 of 2 Estimated Fee Summary Table 78 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the Signature for the First Amendment to Professional Services Agreement with Mountain Time Arts for Enhancement of Bozeman Creek in the Downtown Area MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:Mountain Time Arts (MTA) looks to continue the work that began in 2020 to identify opportunities to raise awareness of and enhance Bozeman Creek as it flows through downtown Bozeman and outline in the 2019 Downtown Bozeman Improvement Plan. The investigations and outreach began with a Technical Assistance Grant report, Bozeman Creek Analysis, completed in June 2020. This resource assessment was followed by a series of public outreach focus groups in 2020 and 2021. Based on the inputs and findings of this public outreach, MTA has initiated a plan to reveal, interpret, and activate Bozeman Creek downtown through a series of public art projects, both temporal and permanent. The first of these projects to be realized is titled Revitalize Relatives, and is planned to be installed at City Hall on Indigenous Peoples' Day, October 10, 2022. Revitalize Relatives will illuminate three (3) community values about Bozeman Creek that water resource experts and community members wished to communicate to the general public. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by City Commission. FISCAL EFFECTS:Use of funds of $15,000 to continue the Bozeman Creek Project in the Downtown URD's work plan and budget. Attachments: PSA Amendment MTA Bozeman Creek 6-22.pdf 79 Report compiled on: July 20, 2022 80 First Amendment to Professional Services Agreement for Bozeman Creek Revitalization FY 2022 – FY 2023 Page 1 of 3 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Bozeman Creek Revitalization dated June 18, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 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 Mountain Times Arts, 222 E Main St #102, Bozeman MT 59715, 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. Extension of Services. Deliverables of this second segment include educational art installations of Bozeman Creek at City Hall to support the 2019 Downtown Bozeman Improvement Plan Bozeman Creek concepts. 2. Scope of Work. Appendix A has been updated and it is attached with the responsibilities of the contractor for segment two of this project. 3. Term/Effective Date. This amended agreement is effective upon adoption and will expire on the 30th date of June 2023, unless earlier terminated in accordance with this agreement. 4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 81 First Amendment to Professional Services Agreement for Bozeman Creek Revitalization FY 2022 – FY 2023 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MOUNTAIN TIME ARTS DOWNTOWN URD DISTRICT By________________________________ By_____________________________ Ellie Staley, Executive Director Print Name: James L. Madden Title: President APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 82 First Amendment to Professional Services Agreement for Bozeman Creek Revitalization FY 2022 – FY 2023 Page 3 of 3 Appendix A Bozeman Creek – Downtown Project Mountain Time Arts (MTA) is pleased to continue the work that we began in 2020 to identify opportunities to raise awareness of and enhance Bozeman Creek as it flows through downtown Bozeman. The investigations and outreach began with a TAG report, Bozeman Creek Analysis, completed in June 2020. This resource assessment was followed by a series of public outreach focus groups in 2020 and 2021. Based on the inputs and findings of this public outreach, MTA has initiated a plan to reveal, interpret, and activate Bozeman Creek downtown through a series of public art projects, both temporal and permanent. The first of these projects to be realized is titled Revitalize Relatives, and is planned to be installed at City Hall on Indigenous Peoples' Day, October 10, 2022. Revitalize Relatives will illuminate three (3) community values about Bozeman Creek that water resource experts and community members wished to communicate to the general public: Gallatin Watershed Geography Culture of Indigenous Water Keepers Environmental Stewardship The installation will communicate the attributes of a healthy riparian corridor with images, poetry, and maps. The artwork, (2) murals printed on glass panels, will be a permanent installation located on the pedestrian bridge over Bozeman Creek at the entrance to City Hall. (See concept sketch and budget below) Each panel will be5 ft. high X 7 ft. wide mounted in steel frames on the north side of the concrete bridge above the creek. Everyone who visits City Hall will view the murals, hundreds per day. The murals will also be available as a destination and a curriculum tool for students at Hawthorne Elementary School and for the participants of Big Sky Youth Empowerment. Both programs are located within close walking distance to the bridge. QR codes on the panels will allow viewers to listen to water songs and gather additional educational information about Indigenous water keepers, the greater Gallatin watershed, water conservation and stewardship. MTA has commissioned artists Jim Madden, Ben Pease, and writer Jill Falcon Mackin, to create the public art installation that will illuminate the value of Bozeman Creek. Bozeman Creek is a major component of the headwaters that form the Missouri River at Three Forks. Bozeman Creek supplies 3/ 4s of the municipal water supply for the City of Bozeman. MTA is planning to develop three (3) additional art installations along the Bozeman Creek corridor in 2023, all with the goals of raising awareness of the water resources that we are dependent on and building the political will to be better stewards of these resources. MTA requests $15,000. from the URD to support this project as an Implementation of the DBIP: Bozeman Creek Project for on the ground improvements to Bozeman Creek as it flows through downtown. Revitalize Relatives will greet visitors to City Halt with an opportunity to pause and reflect on the Indigenous history of land and water in the valley. The importance of Bozeman Creek, and its place within the Gallatin watershed will be highlighted. The experience of Revitalize Relatives's imagery will be enhanced by the sound of rushing water and the view of the water flowing in the creek. The installation will be a welcoming respite in our hurried world and a reminder of our cultural heritage as people conduct their civic affairs at City Hall. 83 Memorandum REPORT TO:City Commission FROM:Frank Greenhill, Stormwater Program Specialist Adam Oliver, Stormwater Program Manager John Alston, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates, LLC for Contractor Training Services MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement and Scope of Services with Altitude Training Associates, LLC. for construction site stormwater management training services STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:Staff provides erosion, sediment, and pollution control training for construction professionals in order to: (1) improve industry compliance with local, state, and federal stormwater regulations, (2) protect and improve local water quality, (3) mitigate construction-related impacts to residents’ quality of life and safety, and (4) prevent premature municipal and private storm infrastructure degradation. Additionally, trainings are one of many Stormwater Division subprograms that facilitate compliance with the City’s Stormwater Discharge Permit (MS4 Permit). The City advertised a RFQ in March, 2021. Altitude Training Associates, LLC (Contractor) was selected as the most qualified of the five RFQ applicants. The City has contracted with Altitude Training Associates, LLC (Contractor) since 2018 to provide ten construction-related training events, reaching over 350 industry professionals. The scope of services, attached, includes both online and in-person classes, to be delivered by the Contractor and assisted by Stormwater Division staff. One series of classes will be offered in 2022, and another in 2023. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The previous contract for this type of training services totaled $8000 and had 84 a more complex structure. This scope of services requires less staff time and less budget. The current scope commits $2000 and is covered under the approved Stormwater operating budget for FY23. The FY24 budget will include $4000 for these services. Attachments: Contractor Training Services - PSA.pdf ATAScopeOfWorkStormWaterTraining.pdf Report compiled on: July 8, 2022 85 Professional Services Agreement for Construction Site Stormwater Management Training Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 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, ALTITUDE TRAINING ASSOCIATES, LLC, PO Box 1335, Durango, CO, 81302,, 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 for the project: Construction Site Stormwater Management Training. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of September, 2024, 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 (Exhibit A). For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 86 Professional Services Agreement for Construction Site Stormwater Management Training Page 2 of 11 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. 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 87 Professional Services Agreement for Construction Site Stormwater Management Training Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 88 Professional Services Agreement for Construction Site Stormwater Management Training Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 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. 89 Professional Services Agreement for Construction Site Stormwater Management Training Page 5 of 11 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 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 90 Professional Services Agreement for Construction Site Stormwater Management Training Page 6 of 11 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 Frank Greenhill, Stormwater Program Specialist 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 Scott Olson 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 91 Professional Services Agreement for Construction Site Stormwater Management Training Page 7 of 11 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 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). 92 Professional Services Agreement for Construction Site Stormwater Management Training Page 8 of 11 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that is has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices” publication and has read the material. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 93 Professional Services Agreement for Construction Site Stormwater Management Training Page 9 of 11 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 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. 94 Professional Services Agreement for Construction Site Stormwater Management Training Page 10 of 11 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 31st day of September, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 95 Professional Services Agreement for Construction Site Stormwater Management Training Page 11 of 11 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 __Scott Olson_________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 96 1 Exhibit A: CITY OF BOZEMAN SCOPE OF WORK FOR STORMWATER TRAINING 2022 - 2023 Prepared by Altitude Training Associates, LLC Altitude Training is an authorized training provider as required by the Montana DEQ for both in person and online delivery of the following classes. • BMP 101 Introduction to Storm Water Management. This class is a prerequisite for the BMP 201 SWPPP Administrator/Preparer • BMP 201 Certified SWPPP Administrator/Preparer (3 year certification) • BMP 201R Re-Certification class for previously certified SWPPP Administrators/Preparers • WQM 100 – Construction Dewatering (half day class) Regardless of the type of offering (in person or online), there will be a minimum number of registrations required to deliver the class. In the event the minimum is not met, new dates will be selected for the class offering and students given the option to roll over or get a refund. ONLINE CLASS OFFERINGS A series of classes, BMP 101 and 201, have been adapted for delivery online. The online programs are instructor led using the Zoom platform. The curricula for these online programs have been approved by the DEQ. It is expected the online classes will be offered in the fall of 2022. Additionally, BMP 201R and WQM 100 classes will be delivered if there is sufficient registration. Payments: ATA will be receiving and processing the registration and payments for each class. The registration will be online and will be open enrollment. ATA will collect tuition from individuals. Payment from COB for successful online delivery of a series of classes will be on a lump sum basis, not to exceed $2000. One online series of classes will be offered in 2022. Altitude Training will provide: • The instructor(s). • An online registration and payment system for students to enroll in classes. Students and companies can choose to pay for classes from an invoice as well. • Logistical support to the students such as confirmation emails, testing of the online system ahead of Zoom classes, class information and other logistical support. • Certificates of Completion • Student materials for the programs are provided using a link for download. • Coordinate the participation of the DEQ if requested. The DEQ may be unable to participate in the in person classes depending on internal safety procedures. • ATA will use the Zoom platform for online delivery of classes. Invitations for students to log in are sent the week before the class with a set of instructions for using the platform and the links to the student materials. 97 2 ATA is planning a cooperative class support effort with StormwaterOne. This effort is expected to become effective in fall 2022 or 2023 and will include: • A method to register each student in a Learning Management System (LMS)*. • Online registration and payment. • Marketing and notification process. *The LMS is an online comprehensive system used to organize, track and manage students. The LMS documents the successful completion of each class taken by a student and automatically sends reminders for class updates. Also, the LMS contains a method for students to access all of their training records including 24/7 access to their certificates of completion and other class documents. The mandatory testing conducted in the BMP 201 will be done through the LMS allowing for randomized questions, automatic grading, retesting and immediate return of results or the testing will be done using an online testing app called Kahoot! The City of Bozeman City of Bozeman will provide advertising, City of Bozeman Construction Site Management Program presentations for each class, Staff attendance at each course, field trip site selection assistance such as site recons and relevant documents. IN PERSON CLASS OFFERINGS A series of classes, BMP 101 and 201, are developed for in person delivery, and will be conducted in accordance with any pandemic related safety protocols and restrictions. Classes may be changed to online delivery in the event of restrictions or preclusions to group gatherings. It is expected the in person offerings will be in 2023. The curricula for these classes have been approved by the DEQ. It is expected the in person classes will be offered in the fall of 2023. Additionally, BMP 201R and WQM 100 classes will be delivered if there is sufficient registration. Payments: ATA will be receiving and processing the registration and payments for each class. The registration will be online and will be open enrollment. ATA will collect tuition from individuals. Payment from COB for successful delivery of an in person series of classes will be on a lump sum basis, not to exceed $4000. One in person series of classes will be offered in 2023. Altitude Training will provide: • The instructor(s) and venue. • An online registration and payment system for students to enroll in classes. Students and companies can choose to pay for classes from an invoice as well. • Logistical support to the students such as confirmation emails, class information and other logistical support. • Certificates of Completion 98 3 • Student materials for the programs. In person delivery classes will provide a paper version of the handouts. • Coordinate the participation of the DEQ if requested. The DEQ may be unable to participate in the in person classes depending on internal safety procedures. • ATA will make its own travel arrangements. • ATA will use the Zoom platform for online delivery of classes. Invitations for students to log in are sent the week before the class with a set of instructions for using the platform and the links to the student materials. ATA is planning a cooperative class support effort with StormwaterOne. This effort is expected to become effective in 2022 and will include: • A method to register each student in a Learning Management System (LMS)*. • Online registration and payment. • Marketing and notification process. *The LMS is an online comprehensive system used to organize, track and manage students. The LMS documents the successful completion of each class taken by a student and automatically sends reminders for class updates. Also, the LMS contains a method for students to access all of their training records including 24/7 access to their certificates of completion and other class documents. The mandatory testing conducted in the BMP 201 will be done through the LMS allowing for randomized questions, automatic grading, retesting and immediate return of results or the testing will be done using an online testing app called Kahoot! The City of Bozeman City of Bozeman will provide advertising, City of Bozeman Construction Site Management Program presentations for each class, Staff attendance at each course, field trip site selection assistance such as site recons and relevant documents. Class Logistics • Successful completion of the class requires all students to attend the entire program. Students who leave early, come late, etc. will not receive certificates of completion. • Class start time for both formats is assumed to be 8am. An alternate start time may be requested. Class ends each day between 4:30 and 5:00pm. 99 4 • Tuition prices will be set by ATA with input for the COB. Generally, tuition is on a per person basis with discounts available for companies sending larger groups. Prices are set based on market factors including travel and business expenses. Tuition prices for these classes will be set once a schedule has been confirmed. Please feel free to contact me with any questions. (307) 630-8110. Sincerely, Scott S. Olson Altitude Training Associates, LLC P.O. Box 1335 Durango, CO 81302 (307) 630-8110 scott@altitudeta.com 100 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5435 Authorizing Prime Change Order 18 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5435, Authorizing Prime Change Order 18 with Langlas and Associates for Construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) to include additional work and credits resulting in a change to the construction contingency of $35,773.76. The majority of additional costs in this change order are attributed to modifications to the project necessitated by enhancements to the building requested by the City and scope gaps between the plans and specifications. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 18 is within the approved contingency amounts and authorized project budget. Attachments: BPSC Job No. 19426 Prime CO 18 signed STL.pdf Resolution_5435 CO18.docx 101 Report compiled on: July 22, 2022 102 103 Change Estimate Report Project: Bozeman Public Safety Center CE No:63a Project # 19426 Revision # Change Source: PR 16 Date:5/17/2022 Description:Super Graphics - PD Adds Category Quantity Unit Unit Cost Total -$ 10B.1014 -$ 1 sum 84.33$ 84.33$ 1 sum 121.40$ 121.40$ 1 sum 87.21$ 87.21$ 10B.1014 3 each 113.33$ 340.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 632.94$ GC/CM Business Insurance 0.625% 3.96$ CM Fee 3.2% 20.39$ Bond 1.0% 6.57$ 663.86$ Addition of select Police Department new vinyl wall graphics. Description ADD Supply and Installation of New Wall Graphics Patrol VSC-2 Vinyl Detectives VSC-2 Vinyl Support VSC-2 Vinyl Installation TOTAL 104 5/17/2022 22071Estimate No. Estimate Printed On Fax: 2215Langlas & Associates, Inc 585-4110 Attn: 1019 East Main Street Suite 101 Bozeman, MT 59715 Acct #: Terms: Phone: 50% Down / COD 585-3420 / E-Mail: Prepared For , 1. A 50% deposit is required on all orders to go to production. 2. Balance is due at the time the project is completed. 3. A monthly interest rate of 1.5% will be charged on all balance due. Estimate Description Bozeman Safety Center Wall Vinyl - PR 16 Vinyl Graphics *RTA Graphics Navy Blue1 1.00 $ 84.33 $84.3372.0015.00 0.00 HorizVert DepthQuantityColorSidesProduct Code Price @ Total: 2, 3/A-434 Patrol (VCS-2 High Performance Navy Blue Vinyl) Description *RTA Graphics Navy Blue1 1.00 $ 121.40 $121.40117.0015.00 0.00 HorizVert DepthQuantityColorSidesProduct Code Price @ Total: 2, 3/A-434 Detectives (VCS-2 High Performance Navy Blue Vinyl) Description *RTA Graphics Navy Blue1 1.00 $ 87.21 $87.2175.5015.00 0.00 HorizVert DepthQuantityColorSidesProduct Code Price @ Total: 2, 3/A-434 Support (VCS-2 High Performance Navy Blue Vinyl) Description Labor Installation1 1.00 $ 340.00 $340.000.000.00 0.00 HorizVert DepthQuantityColorSidesProduct Code Price @ Total: Installation Description Sales Tax $632.94 $0.00 $632.94 Mary Lou McCallum $0.00 Notes: Sub-Total Shipping Total: Yours Sincerely, 400 Bryant Bozeman, Mt 59715 Phone: 406-586-8326 Fax: 406-585-9737 (sales@signsofmontana.com) Page of1 1 105 Change Estimate Report Project: Bozeman Public Safety Center CE No:71 Project # 19426 Revision #1 Change Source: Spec 27 5319, 28 3201, T-006 Date:5/19/2022 Description:In-Building Wireless Systems Category Quantity Unit Unit Cost Total -$ 27A.2750 1 sum 106,464.00$ 106,464.00$ 26A.1600 1 sum 452.37$ 452.37$ -$ -$ 27A.2750 10,605.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 106,916.37$ GC/CM Business Insurance 0.625% 668.23$ CM Fee 3.2% 3,442.71$ Bond 1.0% 1,110.27$ 112,137.58$ TOTAL Description DEDUCT FROM CONTINGNECY Combined Public Safety and Celluar System ADD OPTION Bi-Directional Amplifier (BDA) for Verizon Not Accepted at this time Added J-Box in Apparatus Bay 106 Olsen Wireless 1 Bozeman Public Safety Center 800 MHz Public Safety and Cellular Distributed Antenna System Revision 2b May 11, 2022 107 Olsen Wireless 2 History Revision Date Author Comments 1 8/14/2021 Olsen Original Issue 2 5/10/2022 Olsen Update with combined system 2b 5/11/2022 Olsen Add 1% gross receipts tax Contact Information Olsen Wireless, LLC Name Stephen Olsen Title President of Wireless Solutions Phone Number 720-936-1783 E-mail steveo@olsenwireless.com Customer Contact Company Name Langlas & Associates Name Elizabeth Oliver Title Project Manager Phone Number (406) 585-3420 (t) / (319) 899-0218 (m) E-mail elizabeth@langlas.com Site Information Building Name Bozeman Public Safety Center Address 901 N. Rouse Avenue & 300 E. Oak Street Bozeman, MT 59715 NOTICE © 2021 by Olsen Wireless, LLC This document contains confidential and proprietary information of Olsen Wireless and may not be copied, transmitted, stored in a retrieval system or reproduced in any format or media, in whole or in part, without the prior written consent of Olsen Wireless. Information contained in this document supersedes any previous manuals, guides, specifications, data sheets or other information that may have been provided or made available to the user. 108 Olsen Wireless 3 Proposal Summary Olsen Wireless is pleased to present this proposal to Langlas & Associates for public safety and cellular Distributed Antenna Systems (DAS) at the new Bozeman Public Safety Center. The system has separate electronics for public safety and cellular and combines them on a common passive backbone of coaxial cable, splitters, and antennas with the appropriate filtering. The cellular system will support Verizon and AT&T in the 700-2100 MHz bands. The AT&T signal source is anticipated to be a base station provided at no cost from AT&T, who has already given preliminary indication that they will provide this signal source. If AT&T does provide the signal source, the owner will need to enter a $0 contract with AT&T for their providing the base station. Verizon has very good coverage in the building with a few exceptions; they have a site on the baseball field to the west of the building. There are a couple of spots of weak coverage in area b. For a signal source to remedy that problem, we have quoted a BDA (bi-directional amplifier) as an option, that supports the frequencies from the adjacent site (700 and 2100 MHz). Verizon has provided preliminary approval to allow the BDA to be installed on their frequencies. The owner will need to enter into a reradiation agreement with Verizon. For the coaxial cable rough-in, we will use the project’s low voltage contractor, CompuSource. We appreciate the opportunity to provide you this proposal and look forward to working with you. About Olsen Wireless Olsen Wireless are experts in the design and implementation of Distributed Antenna Systems (DAS) for both public safety and cellular applications (4G and 5G). We have more than 40 years of Wireless experience and 30 years of contracting experience. Much of our work has been on new construction projects like this one. 109 Olsen Wireless 4 Design Requirements The following describes the design requirements for the system, which does not comply with all elements of the specification. Both the Public Safety and Cellular electronics are manufactured by Comba Telecom. Public Safety System The public safety system is designed to support 800 MHz only, specifically, the Montana Public Safety Communications System. The system will not initially support FirstNet, but this can be added to the Public Safety BDA (Bi-Directional Amplifier) at a later time for a fee. Cellular System The system has been designed for both Verizon and AT&T in a SISO (single input single output) configuration. The frequency bands supported are 700/800/1900/AWS, excluding FirstNet 700 (band 41). The DAS will support 5G services in the bands that the DAS supports. Our design meets a signal level of better than -92 dBm RSRP over 95% of the facility. This level does exceed that stated in the specification. The other requirement is that the signal level exceed the outdoor signal by 6 dB. We comply with that requirement for AT&T but not for Verizon, since they have a site immediately adjacent the property on the west side of the building that supports 700 and 2100 MHz, and the signal is so strong in some areas that a DAS could not economically overcome the signal. We have already conducted baseline testing to validate these design goals. Thus, if Verizon service is required a BDA must be used and has been quoted as an option. The BDA supports 700 and 2100 MHz, same as the adjacent cell site. 110 Olsen Wireless 5 Statement of Work The following describes Olsen Wireless’s statement of work for this project. We assume that the installation can all be done in one continuous phase before the building is handed over to the Owner. Public Safety and Cellular RF Services Site Survey Design including link budget and propagation modeling Permit submittal package if required, not permit fees Commissioning and testing including testing with the AHJ Project Management Carrier coordination Materials Electronics: o 800 MHz BDA o UPS o Optional BDA for Verizon supporting 700/2100 MHz only Passive Materials: o Coaxial cable and connectors o Splitters and directional couplers o Indoor antennas o Donor antenna, lightning protection, grounding Installation Installation of coaxial cable Termination and testing of coaxial cable (return loss, distance to fault and PIM) Indoor antenna installation Donor antenna installation Electronics installation Notes and Exclusions All pathway by others Conduit by others if required Public Safety BDA and DAS electronics will be installed in MDF 2-hour survivability by others if required (backbone/donor run) FACP connection by others Annunciator panel excluded Permit fees by others if required Cable will be run in cable tray where available Cable will be run in existing conduit as required Space and power should be allocated for AT&T’s signal source 111 Olsen Wireless 6 Work can be done during standard business hours Division of Responsibilities The following represents the division of responsibilities for the DAS. TASK Olsen Wireless Others Owner Design x Horizontal Cable Material x Horizontal Cable Installation x Wire Management and Incidental Material x Access to Risers or Cores x Conduit x Roof Penetration x Two-hour survivability (if required) x Cable Termination x Cable Test x Antenna and RF Ancillary Equipment x Antenna and RF Ancillary Installation x Electronics procurement x Electronics Installation x Provision of Racks and Space x Electronics Programming x Coverage Validation x Training x x WSP Coordination x x Entering contracts with WSPs x 112 Olsen Wireless 7 Pricing I –Public Safety and Cellular DAS Combined PS and Cellular DAS $106,454.00 Option BDA for Verizon $ 10,605.00 Notes: 1. Includes Montana Prevailing Wage 2. Excludes performance and payment bonds 3. Olsen Wireless not responsible if AT&T does not provide a signal source at no cost, or if the Owner does not enter into agreements with AT&T or Verizon 4. All sales tax excluded for Montana but 1% gross receipts tax included 113 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #OLSON WIRELESS Date:5/19/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for OLSON WIRELESS which involves providing and installing a new 12x12x6 Nema 1 box installed above the apperatus bay with a 1" EMT conduit routed to area 'D' ceiling space. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 1" CONDUIT - EMT 1 184.83 C 1.85 8.60C 0.09 1" CONN SS STL - EMT 1 197.20 C 1.97 15.00C 0.15 1" COUPLING SS STL - EMT 6 167.16 C 10.03 6.25C 0.38 1" BUSHING - PLASTIC 1 56.16 C 0.56 3.25C 0.03 1" 1-H STRAP - EMT - STEEL 2 33.30 C 0.67 7.38C 0.15 1" CONDUIT CLAMP - BTM MNT TO 5/8" FLNG BEAM C 4 387.85 C 15.51 12.13C 0.49 1/8" POLYTWINE 1 10.17 M 0.01 3.75M 0.00 12x 12x 6" BOX SCREW CVR PNTD - NEMA 1 1 45.82 E 45.82 1.53E 1.53 SPRAY PAINT 12X12X6 BOX 1 21.00 E 21.00 1.00E 1.00 Totals 18 97.42 3.81 Summary General Materials 97.42 Material Total 97.42 JOURNEYMAN (3.81 Hrs @ $61.00) 232.41 FOREMAN @ 25%(0.95 Hrs @ $61.00) 57.95 ORIGINAL 114 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #OLSON WIRELESS Date:5/19/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Subtotal 387.78 Overhead (@ 10.000 %) 38.78 Markup (@ 5.000 %) 21.33 Subtotal 447.89 1% GRT (@ 1.000 %) 4.48 Final Amount $452.37 ORIGINAL 115 Change Estimate Report Project:Bozeman Public Safety Center CE No:113 Project #19426 Revision #2 Change Source: RFI 231 Date:5/19/2022 Description:Generator Fuel Supply Design Category Description Quantity Unit Unit Cost Total ADD $- 22A.1500 Overhead Gas Piping per RFI 231 Rev2 Response 1 sum $199.42 $199.42 26A.1600 Electrical for Generator Fuel Supply System 1 sum $10,735.74 $10,735.74 $- $- $- $- $- $- ADD OPTION $- 26A.1600 Upgrade Raychem Controller to DigiTrace 910 1 sum $57.38 $57.39 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $10,992.55 GC/CM Business Insurance 0.625%$68.71 CM Fee 3.2%$353.97 Bond 1.0%$114.16 TOTAL $11,529.39 116 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost $0.00 $44.00 $0.00 $0.00 $44.00 $0.00 CREDIT AS BID Underground Pipe and Fittings -1 $1,800 ($1,800.00)38 $44.00 ($1,672.00) $0.00 $44.00 $0.00 $0.00 $44.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $0.00 ($1,800.00)($1,672.00) 0 $90.00 $0.00 $90.00 $0.00 10 $90.00 $900.00 $900.00 EXCLUSIONS: 1. Heat tape.SUMMARY 2. Remote tank level/leak alarm panel and related integration to DDC system.Materials (detail above)($1,800.00) Equipment Rent Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal ($1,800.00) ($270.00) Labor AS BID (detail above)($772.00) Subcontractors/Vendors: DKB Insulation 2,643.00 - - $3,039.45 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$1.97 y TOTAL AMOUNT DUE $199.42 Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: CPH RFI#31, Langlas RFI#231-REV_2 Generator Fuel Supply Design 4/26/2022 Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 15% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 117 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI231 Date:5/17/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI231 which involves modifications to the generator fuel supply system and the associated required electrical systems for it to function. Note: This includes the use of GM2X Heat Tape. Note: Excludes any wiring of any fuel control panel. Note: Excludes install of any fuel oil control system. Note: Excludes any building automation connections to the system. Note: Excludes any expolsion proof raceways, boxes, and terminations as they are not required per conversation with the design team. Note: We are only providing power. Note: Includes self regulating heat tape to be installed on supply and return piping external to tank and generator. Note:Excludes all piping insulation. Note: Includes pricing from T&E Power Systems to install additional lines and fittings per RFI231 revision 2. ORIGINAL 118 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI231 Date:5/17/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 1 1/2" ELBOW 90 DEG - RMC - GALV 2 1,909.90 C 38.20 60.00C 1.20 1" CONDUIT - PVC40 -130 185.31 C -240.90 5.50C -7.15 1 1/2" CONDUIT - PVC40 80 134.09 C 107.27 9.13C 7.30 1" COUPLING - PVC -2 45.33 C -0.91 0.00C -0.00 1 1/2" COUPLING - PVC 2 100.99 C 2.02 0.00C 0.00 1" ADAPTER FEM - PVC -2 96.47 C -1.93 15.00C -0.30 1 1/2" ADAPTER FEM - PVC 2 153.40 C 3.07 20.00C 0.40 #10 THHN SOLID BLACK -460 347.21 M -159.72 7.75M -3.56 8x 8x 6" BOX HNGD CVR - NEMA 3R 1 84.60 E 84.60 0.98E 0.98 1 5/8x 1 5/8x 12G STRUT SLOTTED HOLE GALV 20 644.71 C 128.94 12.50C 2.50 30A 1P BREAKER BOLT-ON GFCI CLASS A 5mA 1 0.00E 0.00 0.31E 0.31 #12/3C EQUIPMENT TERM 0 0.00E 0.00 0.00E 0.00 PM PRICING/COORDINATION 1 0.00E 0.00 5.00E 5.00 HEAT TRACE 100 0.00E 0.00 0.06E 6.00 HT CONN/END SEAL KIT 2 0.00E 0.00 0.75E 1.50 T&E POWER SYSTEMS PRICE 1 4,384.00 E 4,384.00 0.00E 0.00 HEAT TRACE CONTROLLER 1 0.00E 0.00 1.25E 1.25 PLATT QUOTE 1 3,681.66 E 3,681.66 0.00E 0.00 Totals -380 8,026.30 15.43 Summary General Materials 8,026.30 Material Total 8,026.30 JOURNEYMAN (15.43 Hrs @ $61.00) 941.23 FOREMAN @ 25%(3.86 Hrs @ $61.00) 235.46 Subtotal 9,202.99 Overhead (@ 10.000 %) 920.30 Markup (@ 5.000 %) 506.16 Subtotal 10,629.45 1% GRT (@ 1.000 %) 106.29 Final Amount $10,735.74 ORIGINAL 119 Description: Bozeman Heattape Comparison from RFI Quote #920027 Updated On: 05/16/2022 Company Name: Liberty Electric Inc Billing Address: Liberty Electric Inc (128307) 9660 Summit Dr Missoula, MT 59808-9440 Created Date: 5/16/22 Shipping Address: 9660 Summit Dr Missoula, MT 59808-9440 USA Shipping Method: Hold For Pickup FOB: Destination Sales Person: Dave Potter dave.potter@platt.com Branch: Missoula #68 4065495182 PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$3,681.66 S/H:$0.00 Other Charges:$0.00 Tax:$0.00 Total:$3,681.66 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusainc.com/terms/terms.html Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. RCMGM2X | Item# 52541 12W / FT Heat Cable MFR:nVent Raychem 100 $9.09 FT $909.15 1. 150 RCMRAYCLICPC | Item# 295632 Power Connection Kit with End Seal MFR:nVent Raychem 2 $119.87 EA $239.75 2. 250 RCMGT66 | Item# 71493 66FT ROLL GLASS TAPE MFR:nVent Raychem 4 $10.43 EA $41.76 3. 900 RCMETLENGLISH | Item# 95992 Electric Trace Labels MFR:nVent Raychem 10 $2.32 EA $23.27 4. 650 RCMGIT1 | Item# 497501 Gutter Ice Sensor MFR:nVent Raychem 1 $502.96 EA $502.96 5. 400 RCMAPS3C208240V | Item# 845230 APS-3C-208/240V MFR:nVent Raychem 1 $1,964.76 EA $1,964.77 6. 500 OR an option instead of a Gutter Ice Sensor:7. 120 Description:Bozeman Heattape Comparison from RFI Quote #920027Updated On: 05/16/2022Company Name:Liberty Electric Inc Billing Address:Liberty Electric Inc (128307)9660 Summit DrMissoula, MT 59808-9440 Created Date:5/16/22Shipping Address:9660 Summit DrMissoula, MT 59808-9440 USA Shipping Method:Hold For Pickup FOB:DestinationSales Person:Dave Potterdave.potter@platt.com Branch:Missoula #684065495182PRODUCTS QTY UNT PR / UOM TOTALSEntire Quote:Sub Total:$3,681.66S/H:$0.00Other Charges:$0.00Tax:$0.00Total:$3,681.66Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusainc.com/terms/terms.html Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. RCMGM2X | Item# 5254112W / FT Heat CableMFR:nVent Raychem 100 $9.09 FT $909.151.150RCMRAYCLICPC | Item# 295632Power Connection Kit with End SealMFR:nVent Raychem 2 $119.87 EA $239.752.250RCMGT66 | Item# 7149366FT ROLL GLASS TAPEMFR:nVent Raychem 4 $10.43 EA $41.763.900RCMETLENGLISH | Item# 95992Electric Trace LabelsMFR:nVent Raychem 10 $2.32 EA $23.274.650RCMGIT1 | Item# 497501Gutter Ice SensorMFR:nVent Raychem 1 $502.96 EA $502.965.400RCMAPS3C208240V | Item# 845230APS-3C-208/240VMFR:nVent Raychem 1 $1,964.76 EA $1,964.776.500OR an option instead of a Gutter Ice Sensor:7. 121 nVent.com | 1Raychem-DS-H56428-IceStopRoofGutterDeicing-EN-1812 SELF-REGULATING ROOF AND GUTTER DE-ICING HEATING CABLE ICESTOP Nickel-plated copper bus wire Self-regulating conductive core Modified polyolefin inner jacket Tinned-copper braid Fluoropolymer (-XT) or modified polyolefin (-X) outer jacket Heating cable construction PRODUCT OVERVIEW nVent RAYCHEM IceStop is a roof and gutter de-icing system that provides drain paths for the following applications: • Roofs made from standard roofing materials, including shake, shingle, rubber, tar, wood, metal, and plastic. • Gutters made from standard materials, including metal, plastic, and wood. • Downspouts made from standard materials, including metal and plastic. The heating element in the IceStop heating cable consists of a continuous core of conductive polymer extruded between two copper bus wires. As current flows through the core, the IceStop heating cable regulates its own heat output in response to ambient conditions. This self-regulating feature eliminates hot spots and results in better temperature control to protect roof and gutter materials. The IceStop heating cable is available with a fluoropolymer outer jacket (-XT) that provides maximum abrasion, chemical, and mechanical resistance; or a polyolefin outer jacket (-X) that is more economical for less demanding applications. Low installed cost The IceStop heating cable’s parallel circuitry allows it to be cut to the exact length required, with no wasted cable. All of these characteristics simplify and streamline the design of a roof and gutter de-icing system. Installation is quick and simple. The same features that make an IceStop system easy to install the first time also simplify additions or changes to the system during building renovations. CATALOG NUMBER GM-1XT and GM-1X GM-2XT and GM-2X POWER OUTPUT (NOMINAL) 12 W/ft (39 W/m) in ice or snow 12 W/ft (39 W/m) in ice or snow VOLTAGE 120 Vac 208–277 Vac MINIMUM INSTALLATION TEMPERATURE 0°F (–18°C)0°F (–18°C) MINIMUM BEND RADIUS 5/8 in (16 mm)5/8 in (16 mm) Heating cable construction 122 Raychem-DS-H56428-IceStopRoofGutterDeicing-EN-1812 nVent.com | 2 MAXIMUM CIRCUIT LENGTH IN FEET (METERS) Start-up temperature Circuit breaker size 15 A 20 A 30 A 40 A* GM-1XT and GM-1X at 120 volts 32°F (0°C)100 (30)135 (41)200 (61)— 20°F (–7°C)95 (29)125 (38)185 (56)200 (61)* 0°F (–18°C)80 (24)100 (30)155 (47)200 (61)* GM-2XT and GM-2X at 208 volts 32°F (0°C)190 (58)250 (76)380 (116)— 20°F (–7°C)180 (55)235 (72)355 (108)380 (116)* 0°F (–18°C)145 (44)195 (59)290 (88)380 (116)* GM-2XT and GM-2X at 240 volts 32°F (0°C)200 (61)265 (81)400 (122)— 20°F (–7°C)190 (58)250 (76)370 (113)400 (122)* 0°F (–18°C)155 (47)205 (62)305 (93)400 (122)* GM-2XT and GM-2X at 277 volts 32°F (0°C)215 (66)290 (88)415 (126)— 20°F (–7°C)200 (61)265 (81)400 (122)415 (126)* 0°F (–18°C)165 (50)225 (69)330 (101)415 (126)* * Only FTC-P power connection kits may be used with 40-A circuits. BUS WIRES 16 AWG nickel-plated copper BRAID / OUTER JACKET Tinned-copper braid with fluoropolymer (-XT) or modified polyolefin (-X) outer jacket DIMENSIONS Maximum width 0.54 in (14 mm) Maximum thickness 0.24 in (6 mm) NOMINAL WEIGHT 92 lb/1000 ft (137 kg/1000 m) CONNECTION KITS RAYCHEM RayClic or FTC connection kits must be used with IceStop heating cables. Refer to the Roof and Gutter De-Icing Design Guide (H56070) for proper connection kit selection. APPROVALS 877Z De-icing and Snow-Melting Equipment The IceStop heating cables are UL Listed, CSA Certified, and FM Approved only when used with the appropriate agency-approved Pentair Industrial Heat Tracing Solutions connection kits and accessories. Nonhazardous and Hazardous Locations Class 1, Div. 2, Groups A, B, C, D* * For GM-1XT and GM-2XT-ws The IceStop heating cables are UL Listed, CSA Certified, and FM Approved only when used with the appropriate agency-approved nVent connection kits and accessories. GROUND-FAULT PROTECTION To minimize the danger of fire from sustained electrical arcing if the heating cable is damaged or improperly installed, and to comply with the requirements of nVent, agency certifications, and national electrical codes, ground-fault equipment protection must be used on each heating cable branch circuit. Arcing may not be stopped by conventional circuit protection. Many RAYCHEM control and monitoring systems meet the ground-fault protection requirement. 123 ©2018 nVent. All nVent marks and logos are owned or licensed by nVent Services GmbH or its affiliates. All other trademarks are the property of their respective owners. nVent reserves the right to change specifications without notice. Our powerful portfolio of brands: CADDY ERICO HOFFMAN RAYCHEM SCHROFF TRACERnVent.com Raychem-DS-H56428-IceStopRoofGutterDeicing-EN-1812 North America Tel +1.800.545.6258 Fax +1.800.527.5703 info@nvent.com 3124 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI231 Date:5/17/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for RFI231 which involves modifications to the generator fuel supply system and the associated required electrical systems for it to function. Note: This includes the use of XL Trace Edge Heat Tape. Note: Excludes any wiring of any fuel control panel. Note: Excludes install of any fuel oil control system. Note: Excludes any building automation connections to the system. Note: Excludes any expolsion proof raceways, boxes, and terminations as they are not required per conversation with the design team. Note: We are only providing power. Note: Includes self regulating heat tape to be installed on supply and return piping external to tank and generator. Note:Excludes all piping insulation. Note: Includes pricing from T&E Power Systems to install additional lines and fittings per RFI231 revision 2. ORIGINAL 125 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #RFI231 Date:5/17/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 1 1/2" ELBOW 90 DEG - RMC - GALV 2 1,909.90 C 38.20 60.00C 1.20 1" CONDUIT - PVC40 -130 185.31 C -240.90 5.50C -7.15 1 1/2" CONDUIT - PVC40 80 134.09 C 107.27 9.13C 7.30 1" COUPLING - PVC -2 45.33 C -0.91 0.00C -0.00 1 1/2" COUPLING - PVC 2 100.99 C 2.02 0.00C 0.00 1" ADAPTER FEM - PVC -2 96.47 C -1.93 15.00C -0.30 1 1/2" ADAPTER FEM - PVC 2 153.40 C 3.07 20.00C 0.40 #10 THHN SOLID BLACK -460 347.21 M -159.72 7.75M -3.56 8x 8x 6" BOX HNGD CVR - NEMA 3R 1 84.60 E 84.60 0.98E 0.98 1 5/8x 1 5/8x 12G STRUT SLOTTED HOLE GALV 20 644.71 C 128.94 12.50C 2.50 30A 1P BREAKER BOLT-ON GFCI CLASS A 5mA 1 0.00E 0.00 0.31E 0.31 #12/3C EQUIPMENT TERM 0 0.00E 0.00 0.00E 0.00 PM PRICING/COORDINATION 1 0.00E 0.00 5.00E 5.00 HEAT TRACE 100 0.00E 0.00 0.06E 6.00 HT CONN/END SEAL KIT 2 0.00E 0.00 0.75E 1.50 T&E POWER SYSTEMS PRICE 1 4,384.00 E 4,384.00 0.00E 0.00 HEAT TRACE CONTROLLER 1 0.00E 0.00 1.25E 1.25 PLATT QUOTE 1 3,730.84 E 3,730.84 0.00E 0.00 Totals -380 8,075.48 15.43 Summary General Materials 8,075.48 Material Total 8,075.48 JOURNEYMAN (15.43 Hrs @ $61.00) 941.23 FOREMAN @ 25%(3.86 Hrs @ $61.00) 235.46 Subtotal 9,252.17 Overhead (@ 10.000 %) 925.22 Markup (@ 5.000 %) 508.87 Subtotal 10,686.26 1% GRT (@ 1.000 %) 106.86 Final Amount $10,793.12 ORIGINAL 126 Description: Bozeman Heat Tape Comparison As Requested RFI231 Quote #920001 Updated On: 05/16/2022 Company Name: Liberty Electric Inc Billing Address: Liberty Electric Inc (128307) 9660 Summit Dr Missoula, MT 59808-9440 Created Date: 5/16/22 Shipping Address: 9660 Summit Dr Missoula, MT 59808-9440 USA Shipping Method: Hold For Pickup FOB: Destination Sales Person: Dave Potter dave.potter@platt.com Branch: Missoula #68 4065495182 PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$3,730.84 S/H:$0.00 Other Charges:$0.00 Tax:$0.00 Total:$3,730.84 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusainc.com/terms/terms.html Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. RCMC910485 | Item# 868102 DigiTrace 910 Series Heat Trace Controller MFR:nVent Raychem 1 $2,053.19 EA $2,053.19 1. 400 RCMRTD200 | Item# 769715 MFR:nVent Raychem 1 $142.06 EA $142.07 2. 500 RCMRAYCLICPC | Item# 295632 Power Connection Kit with End Seal MFR:nVent Raychem 2 $119.87 EA $239.75 Qty depends on how many runs needed 3. 250 RCM8XLE2CR | Item# 2024433 XL-Trace Edge Self-Regulating Heating Cable MFR:nVent Raychem 100 $10.82 FT $1,082.40 208v- 277v 4. 400 RCMGT66 | Item# 71493 66FT ROLL GLASS TAPE MFR:nVent Raychem 4 $10.43 EA $41.76 5. 900 RCMETLENGLISH | Item# 95992 Electric Trace Labels MFR:nVent Raychem 10 $2.32 EA $23.27 6. 650 CUTQBGFEP1030 | Item# 294549 Breaker, 30A, 1P, 120V, Ground Fault Equipment Protection MFR:Eaton 1 $148.40 EA $148.40 7. 000 127 Description:Bozeman Heat Tape Comparison As RequestedRFI231 Quote #920001Updated On: 05/16/2022Company Name:Liberty Electric Inc Billing Address:Liberty Electric Inc (128307)9660 Summit DrMissoula, MT 59808-9440 Created Date:5/16/22Shipping Address:9660 Summit DrMissoula, MT 59808-9440 USA Shipping Method:Hold For Pickup FOB:DestinationSales Person:Dave Potterdave.potter@platt.com Branch:Missoula #684065495182PRODUCTS QTY UNT PR / UOM TOTALSEntire Quote:Sub Total:$3,730.84 S/H:$0.00 Other Charges:$0.00 Tax:$0.00 Total:$3,730.84 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusainc.com/terms/terms.html Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. RCMC910485 | Item# 868102DigiTrace 910 Series Heat Trace ControllerMFR:nVent Raychem 1 $2,053.19 EA $2,053.191.400RCMRTD200 | Item# 769715MFR:nVent Raychem 1 $142.06 EA $142.072.500RCMRAYCLICPC | Item# 295632Power Connection Kit with End SealMFR:nVent Raychem 2 $119.87 EA $239.75Qty depends on how many runs needed3.250RCM8XLE2CR | Item# 2024433XL-Trace Edge Self-Regulating Heating CableMFR:nVent Raychem 100 $10.82 FT $1,082.40208v- 277v4.400RCMGT66 | Item# 7149366FT ROLL GLASS TAPEMFR:nVent Raychem 4 $10.43 EA $41.765.900RCMETLENGLISH | Item# 95992Electric Trace LabelsMFR:nVent Raychem 10 $2.32 EA $23.276.650CUTQBGFEP1030 | Item# 294549Breaker, 30A, 1P, 120V, Ground Fault Equipment ProtectionMFR:Eaton 1 $148.40 EA $148.407.000 128 nVent.com/RAYCHEM | 1RAYCHEM-DS-H51349-XLTraceEdge-EN-2110 CONNECT AND PROTECT Self-regulating heating cable for pipe freeze protection and flow maintenance nVent RAYCHEM XL-Trace Edge is designed for pipe freeze protection and flow maintenance in the following applications: • Freeze protection of general water piping (aboveground and buried) • Freeze protection of fire sprinkler system piping, including sprinklers • Flow maintenance of greasy waste lines (aboveground and buried) • Flow maintenance of fuel lines (aboveground) The heating element in the XL-Trace Edge heating cable consists of a continuous core of conductive polymer extruded between two copper bus wires. The XL-Trace Edge heating cable regulates its power output in response to pipe temperature changes. This self-regulating technology allows XL-Trace Edge heating cable to be overlapped or installed on plastic pipes without overheating. Low total installed cost The XL-Trace Edge heating cable’s parallel circuitry allows it to be cut to the exact length required, with no wasted cable. Its flexibility allows it to be wrapped around complex fittings and valves. All of these characteristics simplify and streamline the design of a heat-tracing system. Installation is quick and simple. Low total operating cost Building operators are assured of optimal energy efficiency and low maintenance costs when an XL-Trace Edge system is specified. The same features that make an XL-Trace Edge system easy to install the first time also simplify additions or changes to the system during building renovations. For additional information, contact your nVent representative or call (800) 545-6258. PRODUCT OVERVIEW Catalog Number 5XLE1-CR/CT 5XLE2-CR/CT 8XLE1-CR/CT 8XLE2-CR/CT 12XLE2-CR/CT Voltage 120 V 208–277 V 120 V 208–277 V 208–277 V Maximum Operating Temperature 154°F (68°C)154°F (68°C) 154°F (68°C)154°F (68°C) 150°F (65°C) Maximum Exposure Temperature 185°F (85°C)1 185°F (85°C)1 185°F (85°C)1 185°F (85°C)1 185°F1 (85°C)1 Minimum Installation Temperature 0°F (–18°C) 0°F (–18°C) 0°F (–18°C) 0°F (–18°C) 0°F (–18°C) Minimum Bend Radius 1/2 in (12 mm) 1/2 in (12 mm) 1/2 in (12 mm) 1/2 in (12 mm) 1/2 in (12 mm) 1 When the design requires 185°F (85°C) exposure temperature, all connections must be installed off the pipe. XL-TRACE EDGE Modified polyolefin (-CR) or fluoropolymer (-CT) outer jacket Tinned-copper braid Modified polyolefin inner jacket Self-regulating conductive core Nickel-plated copper bus wire Heating cable construction 129 RAYCHEM-DS-H51349-XLTraceEdge-EN-2110 nVent.com/RAYCHEM | 2 MAXIMUM CIRCUIT LENGTH IN FEET 40°F / 110°F Maintain* Start-up temperature (°F) CB size (A) 5XLE1 8XLE1 5XLE2 8XLE2 12XLE2 120 V 120 V 208 V 240 V 277 V 208 V 240 V 277 V 208 V 240 V 277 V –20°F 15 96 75 201 209 221 138 116 99 127 129 130 20 129 100 268 279 294 210 180 148 169 171 174 30 193 150 402 419 441 316 341 370 253 257 260 40 207 151 469 474 487 339 359 384 338 343 347 0°F 15 112 84 227 237 250 170 142 120 129 131 133 20 149 113 303 316 333 236 239 190 172 175 177 30 223 169 455 474 499 354 382 414 258 262 265 40 245 173 535 544 558 384 407 435 340/344 349 354 20°F 15 132 98 262 273 288 200 185 154 144 146 148 20 176 131 349 364 383 267 288 276 192 194 197 30 264 196 523 546 575 400 432 469 287 292 296 40 287 205 535 584 642 407/442 452/467 499 340/383 360/389 380/394 40°F 15 160 117 311 324 342 232 250 221 162 165 167 20 214 156 414 432 456 309 334 362 216 219 222 30 287 223 535 584 642 407/464 452/500 504/543 324 329 333 40 287 223 535 584 642 407/526 452/555 504/591 340/430 360/439 380/444 50°F 15 –– – – – 253 273 296 173 176 178 20 –– – – – 337 364 395 231 234 237 30 –– – – – 506 546 592 346 352 356 40 –– – – – 586 617 656 430 460 475 65°F 15 –– – – – 296 319 347 192 195 197 20 –– – – – 395 426 462 256 260 263 30 –– – – – 592 639 693 384 390 395 40 –– – – – 686 756 801 430 460 490 * When maximum circuit length is listed in: –black type, the value is for applications with a 40°F maintain –red type, the value is for applications with a 110°F maintain 130 RAYCHEM-DS-H51349-XLTraceEdge-EN-2110 nVent.com/RAYCHEM | 3 MAXIMUM CIRCUIT LENGTH IN METERS 4°C / 43°C Maintain* Start-up temperature (°C)CB size (A) 5XLE1 8XLE1 5XLE2 8XLE2 12XLE2 120 V 120 V 208 V 240 V 277 V 208 V 240 V 277 V 208 V 240 V 277 V –29°C 15 29 23 61 64 67 42 35 30 39 39 40 20 39 30 82 85 90 64 55 45 52 52 53 30 59 46 123 128 134 96 104 113 77 78 79 40 63 46 143 145 148 103 109 117 103 105 106 –18°C 15 34 26 69 72 76 52 43 37 39 40 41 20 45 34 92 96 102 72 73 58 52 53 54 30 68 52 139 145 152 108 116 126 79 80 81 40 75 53 163 166 170 117 124 133 104/105 106 108 –7°C 15 40 30 80 83 88 61 56 47 44 45 45 20 54 40 106 111 117 81 88 84 59 59 60 30 80 60 159 166 175 122 132 143 88 89 90 40 88 63 163 178 196 124/135 138/142 152 104/117 110/119 116/120 4°C 15 49 36 95 99 104 71 76 67 49 50 51 20 65 48 126 132 139 94 102 110 66 67 68 30 88 68 163 178 196 124/160 138/169 154/180 99 100 102 40 88 68 163 178 196 124/160 138/169 154/180 104/131 110/134 116/135 10°C 15 –––––77 83 90 53 54 54 20 –––––103 111 120 70 71 72 30 –––––154 166 180 105 107 109 40 –––––179 188 200 131 140 145 18°C 15 –––––90 97 106 59 59 60 20 –––––120 130 141 78 79 80 30 –––––180 195 211 117 119 120 40 –––––209 230 244 131 140 149 *When maximum circuit length is listed in: –black type, the value is for applications with a 40°F maintain –red type, the value is for applications with a 110°F maintain NOMINAL POWER OUTPUT ON METAL PIPES AT 120 V/240 V 5XLE1-CR and 5XLE1-CT (120 V) 5XLE2-CR and 5XLE2-CT (240 V) 8XLE1-CR and 8XLE1-CT (120 V) 8XLE2-CR and 8XLE2-CT (240 V) 12XLE2-CR and 12XLE2-CT (240 V) A B C Pipe temperature Power W/ft50(10)30(–1)40(5)60(15)70(21)80(27)90(32)100(38)110(43)120(49)130(54)°F(°C) 10 8 14 12 6 4 2 0 A B C 131 RAYCHEM-DS-H51349-XLTraceEdge-EN-2110 nVent.com/RAYCHEM | 4 BUS WIRES 16 AWG nickel-plated copper BRAID/OUTER JACKET Tinned-copper braid with modified polyolefin jacket (-CR) or fluoropolymer jacket (-CT) DIMENSIONS 5XLE and 8XLE 12XLE Maximum width 0.56 in (14 mm)0.62 in (16 mm) Maximum thickness 0.24 in (6 mm)0.24 in (6 mm) NOMINAL WEIGHT 92 lb/1000 ft 104 lb/1000 ft CONNECTION KITS nVent RAYCHEM RayClic or FTC connection kits must be used with XL-Trace Edge heating cables. Refer to the Pipe Freeze Protection and Flow Maintenance Design Guide (H55838) for proper connection kit selection. APPROVALS Refer to the Pipe Freeze Protection and Flow Maintenance Design Guide (H55838) and the Fire Sprinkler Freeze Protections Design Guide (H58489) for specific product approval details. Note: The XL-Trace Edge system is not UL listed for plastic fire sprinkler pipes. GROUND FAULT PROTECTION To minimize the danger of fire from sustained electrical arcing if the heating cable is damaged or improperly installed, and to comply with the requirements of nVent, agency certifications, and national electrical codes, ground fault equipment protection must be used on each heating cable branch circuit. Arcing may not be stopped by conventional circuit protection. Many nVent RAYCHEM control and monitoring systems meet the ground fault protection requirement. 132 ©2021 nVent. All nVent marks and logos are owned or licensed by nVent Services GmbH or its affiliates. All other trademarks are the property of their respective owners. nVent reserves the right to change specifications without notice. Our powerful portfolio of brands: CADDY ERICO HOFFMAN RAYCHEM SCHROFF TRACER RAYCHEM-DS-H51349-XLTraceEdge-EN-2110 North America Tel +1.800.545.6258 Fax +1.800.527.5703 thermal.info@nvent.com nVent.com/RAYCHEM | 5 133 Change Estimate Report Project: Bozeman Public Safety Center CE No:117 Project # 19426 Revision # Change Source: PR 32 Date:4/29/2022 Description:Address Sign Vinyls and Refurbish PD Sign Category Quantity Unit Unit Cost Total -$ 10B.1014 1 sum 87.50$ 87.50$ 10B.1014 1 sum 3,360.00$ 3,360.00$ -$ -$ -$ -$ -$ -$ -$ 10B.1014 7,089.53$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 3,447.50$ GC/CM Business Insurance 0.625%21.55$ CM Fee 3.2%111.01$ Bond 1.0% 35.81$ 3,615.87$ TOTAL ALTERNATE ADD OPTION Build New PD Sign (in lieu of refurbishing) Added Address Letting for FD Entry (300 East Oak Street) Cost to refurbish PD sign. Signs of MT will grind down to bare metal, powder coat, reinstall lighting and acrylic. Contractor alternate option: build new PD sign with new LED lighting. Description ADD Address Vinyls Supply and Install Refurbish Existing PD Sign I Langlas I & Assoc iates GENERAL CONTRACTORS 134 SIGNS OF MONTANAEstimate No. Estimate Printed On 22027 4/29/2022 2215 50% Down / COD 585-3420 / 585-4110 Acct #: Terms: Phone: Fax: E-Mail: -vWVsNORTHWESTSJGNCOUNCL Langlas & Associates, Inc Attn: 1019 East Main Street Suite 101 Bozeman, MT 59715 WORLD SIGN UXASSOCIATES ■Jf Prepared For, 1. A 50% deposit is required on all orders to go to production. 2. Balance is due at the time the project is completed. 3. A monthly interest rate of 1.5% will be charged on all balance due. Estimate Description PR 32 - FD address vinyl & PD Sign refurbish vs new Price @ $ 37.50 Total: $37.50 Product Code *RTA Graphics Description Sides Color 1 White Aadres Quantity Vert Horiz 0.00 Depth 1.00 0.00 0.00 Price @ $ 50.00 Total: $50.00 Product Code Labor Description Sides Color Quantity Vert Horiz 0.00 Depth install address 1.00 0.00 0.001 Labor - install address FD Quantity Vert 0.00 Refurbish existing PD sign for use at new Safety Center Color Color Refurbish Horiz 0.00 Depth Price @ $ 3,360.00 Total: $3,360.00 Product Code MISC2 Description 1.00 0.00 Price @ $ 7,089.53 Total: $7,089.53 Product Code MISC2 Description Quantity Vert Horiz 0.00 Depth 1.00 0.00 0.00 New PD sign - Stell Cut backing panel - Aluminum & painted logo FD stud mounted to backer plate - Aluminum lettering stud mounted to plate Notes: $10,537.03 $0.00 $0.00 $10,537.03 Sub-Total Sales Tax Shipping Total: Yours Sincerely,We Accept Credt Cards for Payment: VISA HH DISCOVER Mary Lou McCallum 400 Bryant Bozeman, Mt 59715 Phone:406-586-8326 Fax:406-585-9737 (sales@signsofmontana.com) Page 1 of 1I 135 Change Estimate Report Project: Bozeman Public Safety Center CE No:119 Project # 19426 Revision # Change Source: RFI 258 Date:4/26/2022 Description:High Curb at NWE Transformer Box Category Quantity Unit Unit Cost Total -$ 02E.0220 1 sum 1,497.50$ 1,497.50$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 1,497.50$ GC/CM Business Insurance 0.625%9.36$ CM Fee 3.2%48.22$ Bond 1.0% 15.56$ 1,570.64$ TOTAL Elevation of existing NWE box pad is 1.15 ft higher than adjacent new sidewalk. MMI Engineers provided detail for 18" H x 14' long vertical curb at edge of sidewalk. Cost is for excavation, gravel bedding, concrete forming and placement. Description ADD Prep and Placement of High Curb 136 CONTRACTOR:Langlas and Associates PROJECT MANAGER ADDRESS:PROJECT ADDRESS: PHONE: REQUESTED FROM:Sam Holt FAX:ON DATE:3/23/2022DESCRIPTION: Description QTY Hours Unit Price Cost Comments LABOR:Labor 1 2.00 79.00$ 158.00$ Superintendant Labor 1 2.00 85.00$ 170.00$ -$ -$ -$ -$ -$ -$ -$ Description QTY Hours Unit Price Cost Comments EQUIPMENT:Cat 306 Mini 1 2.00 140.00$ 280.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Units Unit Price Cost Comments MATERIALS:1.5" Roadmix 1 CY 27.00$ 27.00$ -$ -$ -$ -$ -$ -$ -$ -$ Description QTY Units Unit Price Cost Comments SUBCONTRACTOR:Pony Wall 1 LS 862.50$ 862.50$ -$ -$ -$ -$ Total Cost 1,497.50$ Authorized Signature Date Time and Materials PROJECT NAME:Bozeman Public Safety Center Excavate and prepare high curb at Oak and Rouse near powerbox. RFI #258 137 Date Issued: To:Submitted by: Attn: Email:Reference: Tel:Fax Subject: Information Requested: Potential Cost Impact Potential Sched. Impact Response Requested By: Response: Signed By:Date Answered: RFI Direction Notice: Proceed with work as noted above. Do not proceed with work. Please provide pricing for work as described above. Distribution RFI #Request For Information 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Bozeman Public Safety Center 258.1 ThinkOne Architects Jon Wirth jwirth@think1.com (406) 586-7020 03/11/2022 Sam Holt Langlas & Associates, Inc. Field Conditions at NE Corner of Site Site - Northeast Corner - Vertical/Raised Curb Details Per on site discussion with Mike Hickman (MMI), it is proposed to install a raised vertical curb along the highlighted portion on the attached. There is an existing Northwestern Energy pedestal and pole at this corner. Existing grade at the housekeeping pad for the pedestal is 4757.75. Proposed grade for the sidewalk edge is ~56.40. The raised curb will provide retainage and help clean up the aesthetics at this end of the site with the drastic grade change from the NWE pad to the sidewalk. 4 4 Langlas & Associates- File Russell Pierce - LL Elizabeth Oliver - LL Mark Dehn - LL Jon Wirth - Think1 Konnor Backer - LL Austin Jacobsen - LL 138 139 140 Change Estimate Report Project: Bozeman Public Safety Center CE No:120 Project # 19426 Revision # Change Source: Fire Marshal E-mail 04/28/22 Date:5/24/2022 Description:Add Smoke Detector in Facilities Office M-301a Category Quantity Unit Unit Cost Total -$ 26A.1600 1 sum 1,035.18$ 1,035.18$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL 1,035.18$ GC/CM Business Insurance 0.625%6.47$ CM Fee 3.2%33.34$ Bond 1.0% 10.75$ 1,085.74$ Sheet E-103a: add smoke detector in Facilities Office M-301a Description ADD Smoke Detector, Raceway, Wiring, Etc. TOTAL 141 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #3A OFFICE SMOKE DETECTOR Date:5/19/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:1 Client Address: Langlas & Associates, Inc. Contact: Elizabeth Oliver 1019 East Main Street Suite 101 Bozeman, MT 59715 Work Description Name of Project: Bozeman Public Safety Center We reserve the right to correct this quote for errors and omissions. This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs. This price is good for acceptance within 10 days from the date of receipt. We request a time extension of x days. The following is our Division 16 pricing for 3A OFFICE SMOKE DETECTOR which involves providing and installing a smoke detector in office 3A. Itemized Breakdown Description Qty Net Price U Total Mat.LaborU Total Hrs. 3/4" CONDUIT - EMT - RED FIRE ALARM 10 248.94 C 24.89 4.00C 0.40 3/4" CONN SS STL - EMT 2 106.19 C 2.12 12.50C 0.25 3/4" COUPLING SS STL - EMT 2 108.61 C 2.17 5.00C 0.10 1/2" 1-H STRAP - EMT - STEEL 1 11.56 C 0.12 6.13C 0.06 3/4" 1-H STRAP - EMT - STEEL 1 21.01 C 0.21 6.75C 0.07 3/4" CONDUIT CLAMP - BTM MNT TO 5/8" FLNG BEAM C 2 352.02 C 7.04 11.25C 0.23 1/2" FLEX - STEEL 5 92.78 C 4.64 3.75C 0.19 1/2" CONN FLEX DC SQUEEZE STRAIGHT INSUL 1 196.86 C 1.97 12.50C 0.13 1/2" CONN FLEX DC SQUEEZE 90 DEG INSUL 1 325.10 C 3.25 12.50C 0.13 PULL VENDOR SUPPLIED CABLE 11 0.00M 0.00 7.88M 0.09 4" SQUARE X 3 1/2"D, 1/2" & 3/4" KO RED ALARM BOX, R 2 9.63E 19.26 28.75C 0.57 4" SQUARE RED BLANK COVER, RACO 911-8 2 2.70E 5.40 3.13C 0.06 SQ BOX MNTG BRKT FOR 11" TO 18" STUD 2 460.60 C 9.21 15.00C 0.30 T-GRID BRACKET 1 13.00 E 13.00 0.38E 0.38 Totals 43 93.29 2.95 Summary General Materials 93.29 MT/WY SYSTEMS 569.00 ORIGINAL 142 PROPOSED CHANGE ORDER Liberty Electric Inc. 9660 Summit Drive Missoula, MT 59808 CCN #3A OFFICE SMOKE DETECTOR Date:5/19/2022 Project Name:Bozeman Public Safety Center Project Number:BZ20SAFETY Page Number:2 Client Address: Langlas & Associates, Inc. 1019 East Main Street Suite 101 Bozeman, MT 59715 Summary (Cont'd) Material Total 662.29 JOURNEYMAN (2.95 Hrs @ $61.00) 179.95 FOREMAN @ 25%(0.74 Hrs @ $61.00) 45.14 Subtotal 887.38 Overhead (@ 10.000 %) 88.74 Markup (@ 5.000 %) 48.81 Subtotal 1,024.93 1% GRT (@ 1.000 %) 10.25 Final Amount $1,035.18 ORIGINAL 143 Change Estimate Report Project:Bozeman Public Safety Center CE No:121 Project #19426 Revision #1 Change Source: ASI 75 Date:6/16/2022 Description:Change ADA Actuator Button at V-100 to Wireless Sheet A-101a and E101A. Category Description Quantity Unit Unit Cost Total ADD $- 08B.0840 Wireless Actuators 1 sum $1,100.00 $1,100.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $1,100.00 GC/CM Business Insurance 0.625%$6.88 CM Fee 3.2%$35.43 Bond 1.0%$11.43 TOTAL $1,153.74 144 Change Order Order#: 6 - ASI 75 Project: To: Langlas & Associates* 1019 East Main Street Suite 101 Bozeman MT 59715 Bozeman Public Safety Center 300 E Oak St Bozeman MT 59715 778,730.00 The contractor agrees to perform and the owner agrees to pay for the following changes to this contract. Requested Amount of Change 104,600.00 The original Contract Sum was Plans Attached 883,330.00 Contractor: Date: Negative changes will lower the overall contract price requiring no additional payment by owner. Order Date: Ordered By: Customer Order: 05/24/2022 Net change by previous Change Orders The Contract Sum prior to this Change Order The Contract Sum will be changed by this Change Order The new Contract Sum including this Change Order will be 884,430.00 14465 1,100.00 1,100.00 PO Box 10067 Bozeman MT 59719 (406) 586-0581 Specifications Attached Description of Work Amount Add wireless actuators to Auto Operators 1,100.00 at South Vestibule 145 Change Estimate Report Project:Bozeman Public Safety Center CE No:124 Project #19426 Revision #1 Change Source: RFI 271 Date:6/14/2022 Description:Additional Sprinkler Heads in Ceiling Pockets C-200 and L-180 Estimated Impact: 4 days for 2 man drywall crew (80 mh x $65/hr) and 2 days for 2 man paint crew (16 hrs x $75/hr). Category Description Quantity Unit Unit Cost Total ADD $- $- $- 21A.1520 (18) Sidewall Heads and required supports 1 sum $13,838.00 $13,838.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $13,838.00 GC/CM Business Insurance 0.625%$86.49 CM Fee 3.2%$445.59 Bond 1.0%$143.71 TOTAL $14,513.79 146 FIELD CHANGE ORDER PROPOSAL MOUNTAIN FIRE PROTECTION, Inc. PO Box 151 Columbus, Montana 59019 Phone: (406) 322-6140 Fax: (406) 322-3263 Date: 6/15/22 Field Change No: Our Contract Number:20-03 Change Proposal No:4 Reference Number: To:Langlas 1019 East Main Suite 101 Bozeman, MT 59715 Attn: Elizabeth Oliver 406-585-3420 Pursuant to your authorization, and/or requests, changes and additions in the work specified in the above numbered contract shall be made on the premises at:Bozeman Public Safety Center It is hereby agreed that such changes in the work will constitute a Change Order to the contract in the amount of....$13,838.00 Dollars which sum shall be added to the original value of the above numbered contract. All work performed hereunder shall be in accordance with the terms and conditions of the original contract. These changes are described as follows: 4 Add sprinklers in ceiling pockets A2 and D Material......................................................... = $2,923 Labor 36 hrs. @ $160.00 hr. = $5,760 Engineering 4 hrs. @ $150.00 hr. = $600 Subtotal............................................. = $12,000 Overhead & Profit.......................................... = $1,838 TOTAL =$13,838 *Costs are detailed on the following summary sheet* ACCEPTED BY: COMPANY: Langlas and Associates BY: BY: Elizabeth Oliver Michael Georgeson TITLE: Project Manager TITLE: President 147 Page 2 FIELD CHANGE ORDER SUMMARY Project Name: Bozeman Public Safety Center MOUNTAIN FIRE PROTECTION, Inc. RFP# 0 Add sprinklers in ceiling pockets A2 and D PO Box 151 MFP Job No: 20-03 Columbus, Montana 59019 Field Change Order No: 4 Phone: (406) 322-6140 Fax: (406) 322-3263 Date: 6/15/22 MATERIALS INSTALLATION LABOR Cost Material Total Total Mat'l Description Quantity Each Cost Hours Each hours Labor & Labor 1.1/2” QR 286 Wht Sidewall 18 $19.20 $345.60 2.00 36 $5,760.00 $6,105.60 2.0 $0.00 $0.00 0.00 0 $0.00 $0.00 3.1” Tee 16 $10.36 $165.76 0.00 0 $0.00 $165.76 4.1” sch40 Blk 147 $4.20 $617.40 0.00 0 $0.00 $617.40 5.2x1 Mech Tee 2 $17.95 $35.90 0.00 0 $0.00 $35.90 6.1: Hanger Assembly 20 $10.00 $200.00 0.00 0 $0.00 $200.00 7.1” 90 30 $2.73 $81.90 0.00 0 $0.00 $81.90 8.1” Flex Drop and bracket 18 $82.00 $1,476.00 0.00 0 $0.00 $1,476.00 9. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 10. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 12. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 13. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 14. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 15. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 16. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 17. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 18. 0 $0.00 $0.00 0.00 0 $0.00 $0.00 TOTAL MATERIALS............................................ $2,923 TOTAL LABOR 36.0 hrs. DIRECT COSTS 19.Installation Labor (2 man crew)........... 36.0 hours @ $160.00 hr.=$5,760.00 20.Engineering Costs ............................. 4.0 hours @ $150.00 hr.=$600.00 21.Subsistence ($30/field hr/2man crew).. 36.0 hours @ $30.00 hr.=$1,080.00 22.Travel Time (1hr/man/55miles)............ 0.0 miles @ $80.00 hr.=$0.00 23.Total Labor Costs...................................................................................... $7,440.00 24.Materials....................................................................................................=$2,923.00 25.Sales taxes……….................................................................… @ 0.00%=$0.00 26.Mileage........… Trips 0 87.0 miles @ $0.75 =$0.00 27.Freight & delivery charges.........................................................................=$0.00 28.Fabrication costs................................... 0 hours @ $65.00 hr.=$0.00 29.Equipment costs (Lift Rental Fee)...............................................................=$1,500.00 30.TOTAL DIRECT COSTS........................................................................................................=$11,863.00 INDIRECT COSTS 31.Subcontract costs................................................................................................................= 32.Inspection fees & permits..............................................................................................…=$0.00 33.Miscellaneous costs........................................................................................................…= 34.Administrative Overhead ............................................................................. @ 10.00%=$1,186.00 35.TOTAL INDIRECT COSTS...........................................................................…...................…=$1,186.00 36.TOTAL DIRECT & INDIRECT COSTS...............................................................................…=$13,049.00 37.PROFIT............................................................…@ 5.00% on Direct & Indirect Costs......=$652.00 38.TOTAL COSTS & FEES....................................................................................................… $13,701.00 39.GROSS RECEIPTS TAX...................................................................................................@ 1.00% $137.01 39.Performance & Payment Bond 1 yr. $0.00 per $1,000 of Total Costs & Fees per year. ($25.00 min.).....=$0 40.TOTAL PRICE OF CHANGE .......................................................................................................... $ 13,838.01148 Change Estimate Report Project:Bozeman Public Safety Center CE No:126 Project #19426 Revision #1 Change Source: RFI 170 Date:6/20/2022 Description:Occupancy Sensor Changes for Temperature Controls Replace standard occupancy sensors with those with auxiliary contacts Provide (6) NET-Temp/Occupancy Sensors Category Description Quantity Unit Unit Cost Total ADD $- 23A.2310 Furnish and Install Thermostats w/ Occupancy Sensors 1 sum $2,497.33 $2,497.33 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $2,497.33 GC/CM Business Insurance 0.625%$15.61 CM Fee 3.2%$80.42 Bond 1.0%$25.94 TOTAL $2,619.30 149 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost 0 $0 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $0.00 $90.00 $0.00 $90.00 $0.00 1 $90.00 $90.00 $90.00 SUMMARY Materials (detail above)$0.00 Equipment Rent Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal $0.00 $0.00 Labor (detail above)$90.00 Subcontractors/Vendors: JCI $2,166.00 - - - $2,382.60 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$24.73 y TOTAL AMOUNT DUE $2,497.33 Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: RFI 170 JCI OC Sensors Date: 6/20/2022 Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 150 Building Solutions North America To: Central Plumbing & Heating Date: 06.20.2022 437 Floss Flats Road Belgrade, MT 59714 Project Name: Bozeman Public Safety Center Attn: Ryan Calbick JCI Project No: 0N46-0136 Customer PO Number: We are pleased to provide a change order proposal for the additional work on the reference subject project for the net price (not including tax) of $2,166.00 Two Thousand One Hundred Sixty-six Dollars and no Cents This change order is only for: Thermostats with Occupancy Sensors for the Six Sleeping Rooms • Furnish and install six (6) new thermostats as detailed below: 1. Furnish and install Johnson Controls thermostats with occupancy sensors as requested per RFI 170. 2. NOTES: The original ball park pricing was done in January of 2021, we have had multiple pricing increases and shipping delays since then due to COVID. The original net-thermostats without occupancy sensors have already been installed and will be used as temporary net-thermostats until the new net-thermostats with occupancy sensors can be ordered/shipped/received. Once received we will have to remove the temporary net-thermostats, give them to the owner as spares since they will now be used, and install the new sensors and pull the occupancy sensors into the front end logic. This causes us extra labor and costs that we would not have incurred if completed before the net-thermostats were installed. Labor $1,177.00 Labor includes, Site Management, Booking of change order, O&M changes for Occ Sensors, graphics changes and labor to switch out the stats(total of 10 hours). Material $989.00 Costs for additional net-thermostats with occupancy. All other terms and conditions of the contract documents shall remain in effect. This proposal is hereby accepted and This Proposal is valid until Johnson Controls is authorized to proceed with the work; subject, however, *30 days from Proposed* to credit approval by Johnson Controls, Inc., Milwaukee, Wisconsin. CHANGE ORDER PROPOSAL #02R 151 Building Solutions North America _______________________________ JOHNSON CONTROLS, INC Purchaser - Company Name _______________________________ ________________________________ Signature Signature Name: _________________________ Name: Brandon Karroll Title: _________________________ Title: Construction Sales Engineer Date: _________________________ 152 Change Estimate Report Project:Bozeman Public Safety Center CE No:127 Project #19426 Revision # Change Source: RFI 272 Date:6/15/2022 Description:Heat Shields for App Bay Compressed Air Reels and Electrical Drop Cords Fabricate and install sheet metal heat shields in App Bay to protect compressed air hose reels and electrical drop cords that are in close proximity to radiant heaters. Category Description Quantity Unit Unit Cost Total ADD $- Heat Shield Fabrication and Install 1 sum $1,252.32 $1,252.32 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $1,252.32 GC/CM Business Insurance 0.625%$7.83 CM Fee 3.2%$40.33 Bond 1.0%$13.01 TOTAL $1,313.49 153 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Plumbing Materials $0.00 Install 1 $0.00 5 $85.00 $425.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 $0.00 $85.00 $0.00 Misc. Sheet Metal Materials $0.00 Shop 1 $363 $363.00 2 $95.00 $190.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $18.15 $381.15 $615.00 $90.00 $0.00 $90.00 $0.00 1 $90.00 $90.00 $90.00 SUMMARY Materials (detail above)$381.15 Equipment Rent 84.00 Subsistence Lodging Costs Mileage (Total Miles X $1.25) Subtotal $465.15 $69.77 Labor (detail above)$705.00 Subcontractors/Vendors: - - - $0.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$12.40 y TOTAL AMOUNT DUE $1,252.32 Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: Apparatus Bay - Heat Shields Date: 6/14/2022 Plumbing: Comm. Drive/Bid Prep forms/Change Order Worksheet 154 "ends""ends"155 Change Estimate Report Project:Bozeman Public Safety Center CE No:128 Project #19426 Revision # Change Source: Boulder E-mail 6/21/2022 Date:6/21/2022 Description:Additional Site Boulder Retaining Wall There is a steep grade change on the East side of the building, south of the Fire Department bay doors. Category Description Quantity Unit Unit Cost Total ADD $- Supply and Install (2) Square Boulders 1 sum $950.00 $950.00 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $950.00 GC/CM Business Insurance 0.625%$5.94 CM Fee 3.2%$30.60 Bond 1.0%$9.87 TOTAL $996.41 156 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 Date:7/20/2022 Change Estimate Log CONTRACT SUMMARY CONSTRUCTION CONTINGENCY SUMMARY Contract Sum at GMP $36,436,485.00 Construction Contingency at GMP $888,695.00 Project Name:Previously Approved CO's $1,089,419.01 Previously Approved Adjustment $528,487.02 Bozeman Public Safety Center Current Contract Sum $37,525,904.01 Current Contingency Amount $360,207.98 = Current CO Proposed Job Number: 19426 Current Proposed CO $35,773.76 Current Proposed Adjustment $113,133.99 ROM = Rough Order of Magnitude Pending CE's $91,378.77 Pending CE's $23,567.00 Potential New Contract Sum $37,617,282.78 Potential Contingency Remaining $223,506.99 City of Bozeman Langlas CE #Related Document Prime CO #Description Potential Revision for Review Current CO for Approval Approved Amount Potential Revision to Construction Contingency Current Adjustment to Construction Contingency for Approval Approved Adjustment to Construction Contingency Comments Starting Contract Amount (EWA 1)$238,788.00 $- 1 CoB Permit No. 28701 1 Provide demolition permit fees by Contractor. Previously listed "by Owner".$2,009.57 2 RTI Invoice 19-4779 1 Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".$5,225.24 3 RTI Invoice 19-4823 2 Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".$2,537.25 4 EWA #1A 3 Remove buried foundation elements below Building "H", deemed as unforeseen conditions $1,270.14 5 EWA #2A 3 Concrete and Asphalt Material Crushing, Testing and Survey $78,685.26 6 EWA #3 4 Rouse Avenue Utilities Early Work $121,747.67 7 EWA #3 T&M Work 5 Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)$324.23 8 EWA #4 Sitework Package 5 Early Sitework Package Contract Awards and General Conditions $3,073,348.35 13 GMP Exhibit No. 1 GMP Add Building Packages to Contract for Guaranteed Maximum Price $32,912,549.30 $(888,695.00)Negative amounts to Const. Contingency mean funds added. TOTALS AT GMP $36,436,485.00 $(888,695.00) 9 L. Evans E-mail 05.05.20 7 Soil Removal and Replacement in Soft Areas in South West Parking Lot Area $3,781.06 Tracked T&M. 10 S. Holt E-mail 05.19.20 7 Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line $3,795.74 Approved by C.Winn via phone call 06/04 with L.Cantrell 11 ASI 003 7 Increase in Storm Drain Pipe due to Design Development $1,808.20 12 L. Evans E-mail 07.09.20 7 Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas $10,476.03 Tracked T&M. 14 PR 01 -Decorative Fencing VE Not Accepted Closed 11.19.20 OAC. Savings $26,115.98. 15a PR 02 - Civil and Landscape 14 Modifications to Civil and Landscaping between EWA 4 and Final Design $2,329.18 Approved 10/29/21 OAC 15b PR 02 - Fencing 16 Modifications to Permanent Fencing between EWA 4 and Final Design $-Approved 1/6/22 Cost OAC 16a Addendum 4 / RFI 006 8 Building Permit Review Comment Changes - Structural Revisions $41,163.21 16b Addendum 4 17 Building Permit Review Comment Changes $4,255.30 Approved 03/31/22 Cost OAC 17 GC/CM Agreement §11.3 7 Builder's Risk Insurance $75,404.91 18 PCO 1, 2, 3 7 EWA Permitting and Testing Fees not included with GMP $11,724.21 Inadvertently not included with GMP document. 19 Bid Package 10A / PR 20 14 Fall Protection Roof Anchors $1,790.66 $31,037.87 20 Alternate 8 7 Savings to Split Solar PV from Electrical Subcontractor $(9,034.67) 21 Building Re-Bid 08/07/20 7 Contract Re-Bid Bid Packages $(7,973.95) 22 Addendum 5 / PR 03 & 03.1 7 Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review $37,151.70 23 PR 04 8 Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets $595.47 24 RFI 023 7 Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe $2,950.12 25 RFI 024 11 Reduction of Embed Studs $(2,002.28)Discussed 03.04 and approved 26a Building Re-Bid 08/07/20 16 Contract BP 8A Doors & Hardware Supply $(1,015.27)See Allowance Log. 26b Building Re-Bid 08/07/20 16 Contract BP 8C Overhead Doors Alternate 4 $2,262.34 27 RFI 033 9 Embed Plates at Bottom of All Brace Frame Footings $22,855.51 28 RFI 020 8 Foundation Wall Thickness Change at Stair 3 Alcove $661.43 29 ASI 010 8 Revised Foundation Wall Height at Area A $684.20 30 ASI 016 8 PD Open Office Electrical and Technology Revisions $4,516.68 31 RFI 067 9 Modify Fitness Storage Room Doors with Louver Grilles $137.62 32 RFI 039b / PR 06 9 Wall & Casework Modifications in Open Office 110 $971.25 33 PR 05 8 Ceiling and Electrical Revisions $2,170.33 34 Building Permit Schedule Extension for Permit Review Delay $55,593.97 35a RFI 042 12 Area A Entry Footing Change $4,780.40 Sent to T1 for review 04/15/21 35b RFI 066, ASI 019 12 Area D Entry Footing Change $4,043.52 Sent to T1 for review 04/15/21 36 Anodized Aluminum VE 8 Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized $(11,117.65) 37 Sheet L-002 Note 2 11 Drilling of Irrigation Well $14,342.82 Drilling of the well not included in GMP. 38 RFI 057 10 Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)$(2,558.34) 39 RFI 043 -Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1 Closed RFI response revised so there would be no cost change. 40 RFI 089 13 Screened Rock for Interior Backfill and Slab Prep $4,290.93 Sent to T1 for review 8/5/21 41a PR 08a - Rough-in 13 PD Interview Rooms Building Security System Coordination with Getac Video Solutions $8,262.16 41b PR 08a - Cameras 14 PD Interview Rooms Building Security System Coordination with Getac Video Solutions $54,472.36 Pricing options from AVI and LONG submitted to T1 10/25/21 42 PR 09 10 Modified Furniture Layout in Digital Forensics Room 142E $2,195.67 43 PR 10 -Changes to FD Wardrobe Closet Not Accepted Due to ceiling height change, CoB opted to forgo. OAC 04/01/21 44 PR 07 9 Additional Exterior Electrical Outlets $714.47 Building mounted receptacles, only, approved. 45 Bid Package 31 Allowances 13 Material Off-Haul and Structural Fill Import Beyond Contract Allowances $27,567.69 Sent to T1 8/4 for review. 46 RFI 065 12 Revision and Rework of Area D Wall - Along GL D.2 at V-190 $927.33 47 ASI 24 10 Modification of Hand Rail Design and Installation $3,658.57 48 ASI 28 10 VAV Schedule Revisions $(781.79) 157 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 49 RFI 071 9 Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types $(5,746.15) 50 PR 11 14 Courtroom AV $7,552.47 Sent to T1 8/12/21 51 CASE Testing 10 Masonry Grout Comparison Testing $6,908.07 52 Sub.05 3100-01 / RFI 050 11 Credit to Omit Primer on Underside of Deck at Non-Exposed Areas $(11,837.15)Sent to T1 for approval 03.22.21 53 Bid Package 7E 11 Add Vapor Barrier at Exterior CMU Walls $72,264.70 54 PR 12 -FD Kitchen Dishwasher/Sanitizer Addition Not Accepted Not Approved. OAC 05/06/21 55 RFI 109 15 Increase Roof Drain Pipe Sizing from 4" to 6"$3,249.62 56 Master Budget Reconciliation 10 Move Builder's Risk Insurance from Contractor Contingency to Owner Change $75,404.91 $(75,404.91)Originally shown on Owner side of Master Budget Sheet. 57 PR 13 13 Drive Approach Sleeves to Future NWE Overhead Line Relocation $5,519.52 Approved in 06/10/21 OAC. 58 Allowance 2 10 Add to Winter Conditions Allowance $380,000.00 $200,000.00 Not to Exceed shared cost between Owner and Contingency. 59 ASI 40 / Submittal #6111 16 Revised Masonry Veneer Ledger Angle Details $13,628.41 60 RFI 032 12 Revised Brick Ledge at Grid A.4 $1,074.82 61 PR 14 12 Fire Department Gear Dryer (Electrical Modifications)$867.04 62 PR 15 13 Fire Department Conference Room Second Display and Screen Size Increase $3,495.16 Approved in 06/10/21 OAC. 62a PR 15 Correction 15 Credit Duplicate Screen Cost from Prior CE $(642.15) 63 PR 16 17 Super Graphics $608.33 Approved in 03/31/22 Cost OAC 63a PR 16 18 Super Graphics - PD Adds $663.86 Approved in 05/19/22 OAC 64 ASI 39 12 Second Level Floor Box Locations $(977.88)Sent to T1 for review 04/15/21 65 ASI 43a -Masonry Mechanical Chase Opening in Area D Grid 2.7 Wall Closed Withdrawn 66 PR 17 13 FD GPS Repeater Infrastructure $2,627.73 Approved in 06/10/21 OAC. 67 PR 18 13 Future Judge Restroom RR-251 Plumbing Rough-in $2,697.87 Revised, submitted to T1 06/24/21 for review. 68 PR 18 -Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit Out Not Accepted Per 06/10/21 OAC, do not price. 69 RFI 199 13 Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-105 $1,241.74 Sent to T1 7/28/21 for review. 70 RFI 210 / RFI 263 Entry Canopy Curtainwall Bent Plates 71 Spec 27 5319, 28 3201, T-006 18 In-Building Wireless Systems $112,137.58 Revised and sent to T1 05/19/22; approved 5/26/22 Cost OAC 72 Solar PV Array Upgrade 13 Upgrade Solar Panel Array from 50kW to 250kW $255,842.11 73 NWE Work Outside Contract 15 Sitework Reclamation after NWE Permanent Service Install $1,472.46 Sent to T1 for review 12/02/21 74 PR 20 -Combined with CE 72 75 PR 21 13 Dual Data Port at Police Dept Canopies $657.83 Approved in 06/10/21 OAC. 76 ASI 48 13 Steel Sheathing Wall Assembly Revisions $(14,237.86) 77 PR 19 13 Courtroom Casework Revisions $3,358.37 Approved in 06/10/21 OAC. 78 PR 22 13 FD Cleaning (Rm. 154C) - Electrical Updates $(279.78) 79 PR 23 16 South Lobby Furring Wall $5,427.57 Approved 1/6/22 OAC. 80 PR 24 -Armory Counter and Shelving Extension Accepted ROM. $1,533.40. Final cost to be incorporated into BP 12B. 81 RFI 179 15 Added Angle and Plate Steel at Courtroom Clerestory Walls $1,587.10 $6,889.29 Discussed 12/9 OAC. Split plate and angle. 82 Bid Package 9A, VE Price 1 -Eliminate Drywall Z-Reglet Details Closed Due to schedule progression, Bid Time VE credit cannot be taken. 83 Bid Package 13A / PR 28 15 Facilities Storage Building Revised Design $(11,528.53)Approved by CoB during 12/16/21 OAC 84 PR 25 hold Landscape Boulders at South Staff Entry $15,069.65 Continue to hold. May be installed after project completion. 3/3/22 85 Irrigation Well 13 Credit for Actual Well Development Depth and Pump Electrical Disconnect $(1,200.92)Recharge Construction Contingency per CE#37, above. 85a Irrigation Well Credit Correction 15 Correct Pump Electrical Disconnect Credit $603.08 86 Submittal 486 15 Raceway and Box Rough-In for Four-Fold Door Control Wiring $40,793.71 Submitted to T1 for review 12/2/21. 87 Bid Package 9D 14 Replace Flooring Subcontractor $84,000.19 50/50 split Const. Contingency and Contractor Out-of-Pocket 88 ASI 56 -Four Fold Door Control Box and Pilaster Coordination Closed LL and T1 addressing separately from the contract. 89 PR 26 -Delete Window Film and add Black-out Roller Shade at Evidence Pick-Up Window Not Accepted Not Accepted. 90 Bid Package 31 Allowance Material Off-Haul Beyond Contract Allowance (August 2021 through June 2022) 91 ASI 57 14 PD Records HD Storage Area Change to Workstations $5,365.26 Approved 09/02/21 OAC. 92 RFI 207.1 -Change Open Office 110 East Wall TVs from Ceiling Mount to Wall Mount Closed Contractor to cover cost. 93 Bid Package 9C 16 Contract No-Bid Acoustic Ceiling Tile and Wall Panels Bid Package $106,563.05 Approved 01/25/2022 OAC 94 RFI 216 / Insp. Report 9.9.21 15 Additional Welding from Relief Angle to Steel Stud Framing $8,349.79 95 RFI 222 14 Add Remote Operators to SRG-1 Courtroom Return Grilles $5,777.53 Approved 10//14/21 OAC 96 RFI 171 17 Entry Vestibule HSS Spacers $4,117.73 Accepted 03/03/22 OAC 97 PR 27 16 Fire Station Alerting System Revisions $4,648.10 98 ASI 61 -Apparatus Bay Striping Closed Langlas agreed to cover this cost along with whole floor epoxy. 99 PR 29 15 Remove Elevator Power Module and Cab Light Disconnects $(11,539.42)Approved 12/9 100 ASI 63 16 Add Brick Veneer Ledger Angle at FD Vestibule East Exterior Wall $1,680.36 101 ASI 64 16 Elevator FACP Cabling $364.37 102 RFI 236 16 Add Parapet Cap Flashing at Area D Roof Screen Walls $921.05 103 RFI 195 -Change Service Window to Painted Black Finish Not Accepted Closed 12/09/21 OAC. 104 PR 30 17 Chair Rail Wall Protection $11,149.62 Approved 02/11/2022 OAC 105 Submittal #850 Folding Glass-Panel Partition Re-Engineering and Design Coordination $8,448.38 Submitted to T1 7/12/22 106 -Closed 107 RFI 252 17 Johnson Controls Power Supplies $6,149.46 Submitted to T1 03/03/22. 108 RFI 228 17 Infrastructure and Cabling for Motorized Shade Control Wiring $1,422.00 $16,530.06 Approved 02/17/2022 OAC 109 Sheet T-002, Note O 16 Data Sleeves for Low Voltage Systems Not Specifically Shown on Technology Drawings $15,877.84 Approved 01/25/2022 OAC 110 Bid Package 12B 16 / 17 Contract Revised Scope for Stainless Steel Countertops, Shelving and Wall Panels $25,438.00 $1,438.43 Approved 02/17/2022 OAC 111 RFI TBD 17 Delete West Daylighting Tube in Room 230 $(1,363.50)Approved 02/11/2022 OAC 112 RFI 250 17 Power Provisions for Ultraviolet Light Emitters for AHUs and ERVs $2,133.57 Approved 04/14/2022 Cost OAC 113 RFI 231 18 Generator Fuel Supply Design $11,529.39 Revised and sent to T1 05/19/22; approved 6/23/22 Cost OAC 114 PR 31 17 Fire Suppression in PD Open Office 110 - Owner FF&E Coordination $3,670.94 CE #Related Document Prime CO #Description Potential Revision for Review Current CO for Approval Approved Amount Potential Revision to Construction Contingency Current Adjustment to Construction Contingency for Approval Approved Adjustment to Construction Contingency Comments 158 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 115 Owner Request Relocation of Fiber Backbone from MDF to Data Center $1,088.88 Submitted to T1 7/12/22 116 Arch Oberservation Report -Owner Request to Relocate Fire Alarm Annunciator Panel in Facilities Office M-301 No Charge 117 PR 32 18 Address Sign Vinyls and Refurbish PD Sign $3,615.87 Submitted to T1 04/29/22; approved 5/26/22 Cost OAC 118 J. Wirth E-mail 04/15/22 Add Transom Window above Door S206.3 119 RFI 258 18 High Curb at NWE Transformer Box $1,570.64 Approved via e-mail 04/28/22 120 Fire Marshal E-mail 04/28/22 18 Add Smoke Detector in Facilities Office M-301a $1,085.74 Submitted to T1 05/24/2022; approved 5/26/22 Cost OAC 121 ASI 75 18 Change ADA Actuator Button at V-100 to Wireless $1,153.74 Resubmitted to T1 6/16/22; approved 6/23/22 Cost OAC 122 RFI 266 Dedicated Circuit for Clean Agent System in Data Center $899.38 Submitted to T1 7/12/22 123 OAC 06/09/22 Discussion Diesel and Propane Fuel Price Increases $16,917.37 Submitted to Team for Discussion 6/9/22 124 RFI 271 18 Additional Sprinkler Heads in Ceiling Pockets C-200 and L-180 $14,513.79 Approved 6/20/22 CW email 125 Cord Reel E-mail 05.05.22 -Cord Reel Enclosure for Suspended Ceiling in Evidence T1 Paid Submitted to T1 06/07/22; Approved T1 to pay 6/9/22 OAC. 126 RFI 170 18 Occupancy Sensor Changes for Temperature Controls $327.24 Submitted to T1 06/15/22; approved 6/23/22 Cost OAC 127 RFI 272 18 Heat Shields for App Bay Compressed Air Reels and Electrical Drop Cords $1,313.49 Submitted to T1 06/15/22; approved 6/23/22 Cost OAC 128 RFI 273 18 Additional Site Boulder Retaining Wall $996.41 Submitted to T1 06/21/22 in RFI 273; approved 6/23/22 Cost OAC 129 RFI 274 19 Buried Asphalt in Oak St Boulevard Removal and Replace with Topsoil $3,513.61 Submitted to T1 06/23/22 in RFI 274 & 7/6/22 130 Submittal 6160 & CoB Request Additional Interior Panel Signage and Refurbish FD Sign $5,868.14 Submitted to T1 07/06/22 131 Email w/ Sam H 19 Area D Roof Screen Door RH-101 Fabrication $3,136.02 Submitted to T1 07/06/22 132 7/6/22 email from TMI 110 Open Office Desk - Countertop Rework $4,410.37 Submitted to T1 07/07/22 133 TOTALS POST GMP $91,378.77 $35,773.76 $1,089,419.01 $23,567.00 $113,133.99 $528,487.02 CE #Related Document Prime CO #Description Potential Revision for Review Current CO for Approval Approved Amount Potential Revision to Construction Contingency Current Adjustment to Construction Contingency for Approval Approved Adjustment to Construction Contingency Comments 159 Version April 2020 RESOLUTION 5435 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #18, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of August, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 160 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 161 Memorandum REPORT TO:City Commission FROM:Andy Knight, Deputy Chief of Police Jim Veltkamp, Police Chief SUBJECT:Authorize the City Manager to Sign a Heart of the Valley Shelter and Services Agreement FY23-FY25 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Approve Heart of the Valley Shelter and Services Agreement FY23-FY25 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: For several years, the City of Bozeman has worked in partnership with the Heart of the Valley animal shelter, a non-profit organization, regarding the safe and secure location for the temporary shelter and care of dogs and cats seized by the City of Bozeman as well as those found at large by members of the community. Currently, the City pays the Heart of the Valley $11,000 per month for the shelter and care of at large dogs and cats found within the city limits. For the past three months, members of City and Heart of the Valley staff have met to discuss any issues, as well as reviewed documents and reports of animal intakes and releases for the past year. The Heart of the Valley and the City have tentatively agreed to a three (3) year agreement, at a rate of $11,350 per month for FY2023, FY2024, and FY2025. Although City staff takes note of the increased fiscal impact, the services provided by the Heart of the Valley are extremely beneficial and necessary for the City and the citizens of Bozeman. This increased cost is reasonable, considering the 3 year agreement and identified costs. It is our recommendation that this agreement be approved and adopted for a three (3) year term, from July 1, 2022 through June 30, 2025. UNRESOLVED ISSUES:None 162 ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:An increase in contracted services over the term of the three (3) year agreement is $12,600 or $4,200 per year. Attachments: Heart of the Valley Shelter and Services Agreement FY23- FY25.docx Report compiled on: July 20, 2022 163 Page 1 of 16 AGREEMENT THIS AGREEMENT is entered on this day of , 2022, by and between the HEART OF THE VALLEY , INC. (hereinafter referred to as the HOV) and the CITY OF BOZEMAN (hereinafter referred to as the City). WITNESSETH: WHEREAS, the City requires an animal shelter for the purpose of impounding and caring for the animals found in violation of City ordinances; and WHEREAS,the HOV serves to care for animals found or abandoned in locations within the City limits; and WHEREAS, the City has a financial responsibility to pay for reasonable costs at a rate consistent with the amount of impact from animals located or impounded within the City limits;and WHEREAS, the HOV is located at 1549 E. Cameron Bridge Road; and WHEREAS, the HOV maintains and operates the animal shelter which assists the City in enforcing animal related ordinances; and WHEREAS, agreements that take into account the best interests of the animals, operations of the HOV and operations of the City are important. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.Animals at Large A.The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV facility by personnel of the City within the City limits exclusively for running at large, subject to the limitations in Section 3 below.The HOV agrees to take reasonable care of such animals in a manner consistent with good standard practices of 164 Page 2 of 16 animal shelters to include, but not be limited to, providing proper food, water and shelter. 1.If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the verbal authorization of the City, the HOV may also administer additional veterinary care to reduce the suffering of a sick or injured animal. 2.Any such animals that are not reclaimed by an owner within four (4) days shall become the property of the HOV. B.The HOV shall also accept animals that are running at large inside the City limits which are brought into the HOV by the general public. At the time of the animal’s release to its owner, the HOV shall e-mail to the Bozeman Animal Control Officer (ACO) an Animal Impound Log In/Notification Form for each such animal.The four day custody period will begin when the animal arrives at the HOV, and the date of intake will be considered Day 1. At no time will the City be billed for animals brought in by the owner or animals that are brought in for adoption. C.For purposes of this Agreement, "animals at large" shall mean domestic dogs and/or puppies,cats and/or kittens, including feral cats that is off the premises of the owner, keeper, or responsible custodian of the animal and not on a leash or confined within a kennel, cage, or motor vehicle, or otherwise under the immediate control of a person physically capable of restraining the animal. D.The HOV may release any animal impounded under this section to its owner without a written or verbal Authorization from the City, unless otherwise indicated on the impound form.If for any reason the City fails to grant an owner a written Authorization to Release within the four day custody period described in paragraphs A and B above, then the City must notify the HOV before the end of the four day period, and the animal will be subject to all provisions of Section 2 unless the City and the HOV mutually agree in writing to a different arrangement. 2.All Other Impounds A.The HOV hereby agrees to admit and to accept responsibility for the care and custody of all animals impounded at the HOV facility by the City for any reasons other than or in addition to running at large, subject to the limitations in Sections 3 and 4 below. The HOV agrees to take reasonable care of such animals in a manner consistent with good standard practices of animal shelters to include, but not be limited to, providing proper food, water and shelter. 165 Page 3 of 16 B.The HOV will provide this care at no additional cost for a period of up to 7 days per animal, after which time the burden of additional costs will be transferred to the owner. If the owner prefers, HOV may instead take ownership of the animal and put it up for adoption. C.If the HOV determines that such animals require any vaccinations or other treatment in order to protect the greater population of animals, the HOV may administer such treatment. With the oral authorization of the City, the HOV may also administer additional veterinary care to reduce the suffering of a sick or injured animal. D.Any such animal impounded for rabies quarantine will be held the longer of 10 days from the time of the bite or whatever time is required by the Gallatin County Health Department unless the City authorizes release to the owner sooner. No animal will be released from quarantine without a signed Rabies Quarantine Release Form (Exhibit A). E.All other such animals held pursuant to Section 2 will be held by the HOV until they are released: 1.To the HOV, by a release signed by the owner, the owner's legal representative or by a court of law;or 2.To the owner, at the direction of the ACO. F.The following will apply to any animal held pursuant to this section for a mandatory spay/neuter: 1.The HOV may notify the City if it believes an animal is subject to 8.02.140.C, Bozeman Municipal Code, as amended. Otherwise, enforcement of such municipal code requirements is the responsibilityof the City. 2.The City and HOV will mutually determine the appropriate vet to do the surgery and arrange for transportation, if necessary. 3.Payment of all boarding fees and surgery costs shall initially be the responsibility of the animal owner. If the animal is not reclaimed within 4 days, HOV will notify the City, the animal will be placed for adoption and the unpaid boarding fees and surgery costs shall then be borne by the City. 3.Exclusion The term "animals" as used in this Agreement, shall include only domestic dogs and/or puppies, cats and/or kittens, including feral cats, and no other animals. 4.Limitation 166 Page 4 of 16 Without prior notification, the HOV will not accept more than 10 animals from any one given situation, or 50 animals per month. Upon notification, the HOV will use its best efforts to accept the animals but may choose not to accept all the animals, and the City will be responsible for seeking care for those animals elsewhere. 5.Euthanasia During Impound Period The HOV shall only euthanize an animal during the impound period upon written request by the City, order of a court of law, or if such animal is seriously injured, hopelessly sick or injured beyond any reasonable chance of recovery, or any kitten weighing under one pound or any puppy under four weeks of age brought in without a mother. 6.Dead Animals The HOV will hold bodies of any dead animals brought in by the officer for four days in case an owner comes in to identify the animal. After four days, the HOV will send the body for cremation. 7.Records A.The City, upon impounding an animal, will provide a written record to the HOV to include: 1.The date and time the animal was impounded; 2.A description of the animal by breed, gender, physical characteristics, collar and/or tags and assigned identification number; 3.Location where the animal was found and reason for impoundment; 4.Name, address, telephone number and location of the animal's owner, if known; and, 5.Name and badge number of the officer impounding the animal. B.The HOV will provide a written record of the disposition of all animals impounded by the City, to include: 1.Disposition, date and time of same; 2.Name, address and phone number of owners reclaiming their animal; 3.Name, current address and telephone number of any citizen turning an animal into the shelter and logged in under the City account; 4.Name of the HOV representative releasing or euthanizing the animal; and, 5.A monthly itemized account of all animals impounded within the 167 Page 5 of 16 City limits and any additional charges for related services. C.The HOV will release animals only to citizens who possess and present the appropriate paperwork. 8.Fees A.For the services provided in Sections 1 and 2, the City shall pay the HOV an amount of $11,350 per month for fiscal year(s) 2022-2025. B.For animals impounded, the HOV may collect daily boarding/reclaim fees from the owner at the time the animal is reclaimed. The boarding and reclaim fees will be set by the HOV (refer to Exhibit B). C.Subject to the limitation in Section 4, if the City brings 10 or more animals into the shelter from any one given situation, the City will pay an additional fee of $300 to the HOV as emergency funding for each group of ten 10 animals or part thereof and all other fees still apply. D.In addition to the foregoing, the City will pay the HOV the cost of additional veterinary services for any impounded animal authorized by the City and not paid by the owner. E.The HOV will bill the City monthly for all fees due under this Agreement, and such fees are due and payable within 30 days of receipt of the bill. The HOV may add finance charges for any bill not paid within 30 days, and the City agrees to pay such charges. F.The HOV agrees to sell City licenses to any Bozeman City resident who wishes to purchase a license for an existing cat or dog, or mandatorily as part of any HOV site adoption by a Bozeman City resident of any dog or cat with a current rabies vaccination. 1.The City agrees to provide necessary license documents and tags for issuance. 2.The HOV will forward copies of issued licenses to the City on a weekly basis, or as needed. 3.The HOV will at all times hold to the City policies with regard to vaccination and spay/neuter documentation and pricing for licensure. 4.The HOV will submit a monthly rep01i to the City detailing the license fees collected and to be credited against fees due from the City. 9.Veterinary Care 168 Page 6 of 16 In the event an animal is brought into the shelter by an officer or by a citizen from within the City limits and the animal is logged into the HOV as a City impound and a veterinary situation is present or arises, such animal will receive appropriate veterinary care. The HOV will notify the officer to such attention, and the City will reimburse the HOV for the cost of such veterinary services pursuant to Section lAl and 8D above, if not paid by the owner. 10.Access to the HOV The HOV will provide the City and public access for after hour impounds with an unlocked room on the north side of the building where adequate housing is provided for impounded animals. Food and water as well as log in forms will be available in this room. The HOV will notify Gallatin County Records of citizen drop off, to include the impound number and any other necessary information previously referencedin this Agreement. 11.Term The term of this Agreement shall be from the 1st day of July 2022 through the 30th day of June 2025. For the purpose of reviewing this Agreement, the HOV agrees to provide the City with financial statements and other records as required supportingany requested increase in the base monthly fee. 12.Compliance with Bozeman Municipal Code The HOV agrees to comply with all provisions of the Bozeman Municipal Code. 13.Nondiscrimination and Equal Pay HOV agrees that all hiring by HOV of persons performing this Agreement shall be on the basis of merit and qualifications. HOV will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. HOV 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. HOV 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. HOV 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). HOV must report to the City any violations of the 169 Page 7 of 16 Montana Equal Pay Act that HOV has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. HOV shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 14.Independent Contractor Status/Labor Relations The parties agree that HOV is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. HOV 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 170 Page 8 of 16 or any other purpose. HOV is not authorized to represent the City or otherwise bind the City in any dealings between HOV and any third parties. HOV shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. HOV shall maintain workers' compensation coverage for all employees of HOV's organization, except for those who are exempted by law. Upon request, HOV 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. HOV 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 with HOV employees, officers, agents or contractors or any delays or stoppages of work associated with such problems or disputes. 15.Indemnity/Waiver ofClaims/Insurance For other than professional services rendered,to the fullest extent permitted bylaw, HOV agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City)from and against any and all claims,demands,actions,fees and costs (including attorney's fees and the costs and fees of and expe1i 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 HOV; or (ii) any negligent, reckless, or intentional misconduct of any ofthe HOV's agents. For the professional services rendered, to the fullest extent permitted by law, HOV agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to 171 Page 9 of 16 the extent caused by the negligence or willful misconduct of HOV or HOV'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 indemnitee(s) which would otherwise exist as to such indemnitee(s). HOV's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against HOV to assert its right to defense or indemnification under this Agreement or under the HOV's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines HOV was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s)or any portion(s)thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. HOV also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud,for willful injury to the person or property of another,or for violation of law, whether willful or negligent"as per 28-2-702,MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, HOV shall at HOV'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 HOV in this Section and shall not contain any exclusion for liabilities specifically assumed by HOV 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 and HOV shall furnish to the City an accompanying 172 Page 10 of 16 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; $2,000,000 annual aggregate; and The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,agents,and employees,shall be endorsed as an additional 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. The City must approve all insurance coverage and endorsements prior to the HOV commencing work. HOV shall notify City within two (2)business days of HOV's receipt of notice that any required insurance coverage will be terminated or HOV's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the HOV commencing work. 16.Termination for Breach a.If HOV 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, which default has not been cured after 30-days' written notice by the City to HOV, the City may, by written notice, terminate this Agreement and HOV's right to proceed with all or any part of the work. 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.If the City fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, which default has not been cured after 30-days' written notice by HOV to the City, HOV may, by written notice, terminate this Agreement. 173 Page 10 of 16 c.In the event of a termination pursuant to this Section, HOV shall be entitled to payment only for those services HOV actually rendered. d.Any termination provided for by this Section shall be in addition to any other remedies to which the non-breaching Party may be entitled under the law or at equity. e.In the event of termination under this Section, the Parties 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 thetermination. 17.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 City may terminate this Agreement by written notice to HOV ("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 HOV. b.Upon receipt of the Notice of Termination for City's Convenience,unless otherwise directed in the Notice, the HOV 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. HOV 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, HOV is entitled to payment only for those services HOV actually rendered on or before the receipt of the Notice of Termination for City'sConvenience. d.The compensation described in this Agreement is the sole compensation due to HOV for its performance of this Agreement. HOV 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. 174 Page11of16 18.Limitation on HOV's Damages; Time for AssertingClaim a. In the event of a claim for damages by HOV under this Agreement, HOV's damages shall be limited to contract damages and HOV 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 HOV wants to assert a claim for damages of any kind or nature, HOV 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 ninety (90) days of the facts and circumstances giving rise to the claim. In the event HOV fails to provide such notice, HOV shall waive all rights to assert such claim. 19.Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Deputy Chief Andy Knight 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, HOV 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. HOV’s Representative: HOV’s Representative for the purpose of this Agreement shall be Marla Caulk or such other individual as HOV shall designate in writing. Whenever direction to or communication with HOV is required by this Agreement, such direction or communication shall be directed to HOV’s Representative; provided, however, that in exigent circumstances when HOV’s Representative is not available, City may direct its direction or communication to other designated HOV 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, 175 Page12of16 postage prepaid. 20.HOV's Representations:To induce City to enter into this Agreement,HOV makes the following representations: a.HOV has familiarized itself with the nature and extent of this Agreement 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 services provided. b.HOV represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said 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. 21.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: HOV 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.HOV acknowledges it is aware of and shall comply with its responsibilities and obligations under 176 Page13of16 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 HOV shall be obligated to furnish such proof. The HOV shall be responsible for instructing and training the HOV's employees and agents in proper and specified work methods and procedures. The HOV shall provide continuous supervision of the work performed. The HOV is responsible for instructing his employees and agents in safe work practices. 22.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The HOV may not subcontract or assign HOV's rights, including the right to compensation or delegate its duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23.Reports/Accountability/Public Information:HOV agrees to develop and/or provide documentation asreasonably requested by the City demonstrating HOV’s compliance with the requirements of this Agreement. 24.Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 25.Attorney's Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 26.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 177 Page14of16 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 27.Survival:HOV's indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28.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. 29.Severability:If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue ineffect. 30.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 31.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 32.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. 33.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 34.Integration: This Agreement and attached Exhibits A and B hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either 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. 35.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. 178 Page15of16 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. City of Bozeman, Montana Heart of the Valley, Inc. By: By: Jeff Mihelich, City Manager Marla Caulk, Executive Director APPROVED AS TO FORM: By: Greg Sullivan, Bozeman City Attorney 179 Page16of16 EXHIBIT A Rabies Quarantine Release Form Species:_Intake No.:_______ Animal Name:_________Sex:-_________Age:______ Breed: _________________ Color:_____Weight:_____ Owner Name:____________ Contact Number:__________ Address:________________________________ Rabies Tag#:_License#:__________ Date vaccinated:_____Date bite occurred:_______ Clinic/veterinarian:__________________ After the 10 day rabies quarantine (or whatever time is required by the Gallatin County Health Department), the animal must be examined by a licensed veterinarian for signs of rabies. If the animal's rabies vaccination is not current,it is the responsibility of the owner to ensure the animal receives a vaccination. I have examined this animal and it does not display any clinical symptoms of rabies. Additional comments: Veterinarian Signature Veterinarian Printed Name Animal Hospital/Shelter Address Date Examined Telephone# 180 Page17of16 EXHIBIT B Heart of the Valley Animal Shelter Fee Schedule For Reclaiming Stray or Surrendered Pets (Subject to change with 30 days notice) Boarding Fees Dogs/Puppies: 1.$40 per dog or puppy for the first day,or part thereof,of impoundment. 2.$15 per day, or part thereof, after the first day, per dog or puppy. Cats/Kittens: 1.$15 per cat or litter of up to 6 kittens for the first day,or part thereof,of impoundment. 2.$10 per cat or litter of up to 6 kittens for each day, or part thereof after the first day. Medical for Strays and Surrenders Dogs/Puppies Cats/Kittens Spay $100 Spay $70 Neuter $80 Neuter $50 Dental $100 Dental $90 Other Medical Procedure $80/hr Other Medical Procedure $80/hr Additional Medical for Owner's Reclaiming Surrendered Pets Dogs/Puppies Cats/Kittens Worming $5-15 Worming $5-10 Rabies $10 Rabies $10 DHAPP $5/shot FVRCP $5/shot Bordatella $5/shot Bordatella $5/shot Antibiotics $5/dose Antibiotics $5/dose FIV/FeLeuk Test $20 181 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:1001 Thomas Drive Annexation, Application 22067, Requesting Annexation of 15.115 Acres and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: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 22067 and move to approve the 1001 Thomas Drive Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. AND 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 15.115 acres into the City limits and establish initial zoning of REMU (Residential Emphasis Mixed Use). The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District. Nearby municipal zoning to the east is PB (Business Park District), on the south is R-4 (High Density Residential District) and currently has an application to change the zoning to REMU, to the north and east is R-O (Residential Office) and R-3 (Residential Medium Density District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by a 182 future extension of Thomas Drive, also known as North 27th Avenue, to the east. Thomas Drive is a designated Collector street in the Bozeman Area Master Transportation Plan, 2017 Update. The proposed annexation would bring in additional right of way to build out Thomas Drive to the full city street classification as would be required with future development. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is bounded by other un-annexed land only on the southwest side of the property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22067 1001 Thomas Annx-ZMA CC SR.pdf Report compiled on: July 1, 2022 183 Page 1 of 35 22067 Staff Report for the 1001 Thomas Drive Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on July 18, 2022; Continued to August 1, 2022 City Commission meeting is on August 2, 2022 Project Description: Annexation application 22067 requesting annexation of 15.115 acres and zone map amendment of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed Use). Project Location: 1001 Thomas Drive and more particularly described as a Tract of Land situated in the Southwest One-Quarter (SW ¼) of Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission 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 22067 and move to recommend approval of the 1001 Thomas Drive Annexation Zone Map Amendment, with contingencies required to complete the application processing. 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 22067 and move to approve the 1001 Thomas Drive Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. Report: July 20, 2022 Staff Contact: Tom Rogers, Senior Planner Karl Johnson, Engineer Agenda Item Type: Action - Legislative 184 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 2 of 35 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260404 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 15.115 acres into the City limits and establish initial zoning of REMU (Residential Emphasis Mixed Use). The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District. Nearby municipal zoning to the east is PB (Business Park District), on the south is R-4 (High Density Residential District) and currently has an application to change the zoning to REMU, to the north and east is R-O (Residential Office) and R-3 (Residential Medium Density District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by a future extension of Thomas Drive, also known as North 27th Avenue, to the east. Thomas Drive is a designated Collector street in the Bozeman Area Master Transportation Plan, 2017 Update. The proposed annexation would bring in additional right of way to build out Thomas Drive to the full city street classification as would be required with future development. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is bounded by other un-annexed land only on the southwest side of the property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. No public comment has been received as of the date of production of this report. 185 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 3 of 35 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on August 1, 2022. A summary of the meeting will be provided during the staff presentation to the City Commission. All recorded public meeting videos can be viewed at the following link: https://www.bozeman.net/departments/city-commission/commission-meeting-video Alternatives 1. Approve the application with the recommended contingencies and requested zoning; 2. Approve the application with modifications to the recommended contingencies or zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 186 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 4 – ADVISORY COMMENTS ............................................................................ 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12 Annexation ........................................................................................................................ 12 Zone Map Amendment ..................................................................................................... 12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19 Spot Zoning Criteria ......................................................................................................... 29 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 30 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 31 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 35 FISCAL EFFECTS ................................................................................................................. 35 ATTACHMENTS ................................................................................................................... 35 187 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 5 of 35 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Subject Property Baxter Lane Thomas Drive 19th Avenue Davis Lane 188 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 6 of 35 Map 2: BCP 2020 Future Land Use Map Subject Property 189 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 7 of 35 Map 3: Existing City Zoning Subject Property 190 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 8 of 35 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “1001 Thomas Drive Annexation”. 2. An Annexation Map, titled “1001 Thomas Drive Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's 191 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 9 of 35 infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (Nick Pericich) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 8. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to (Please refer to Engineering comments) including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at (Please refer to Engineering comments) including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a 192 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 10 of 35 combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 9. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 11. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 12. North 27th Avenue (Thomas Drive) is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective North 27th Avenue ROW as a public street and utility easement where North 27th Avenue is adjacent to the property. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant may contact the City's Engineering Department to receive a copy of the standard easement language. 13. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 193 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 11 of 35 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “1001 Thomas Drive Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU (Residential Emphasis Mixed Use) shall be identified as the 1001 Thomas Drive Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 4 – ADVISORY COMMENTS 1. BMC 38.420.100.A - The wetland area may qualify this project for a parkland waiver if it is protected during development and set aside as part of long-term critical wildlife habitat (depending on habitat quality and quantity). Parks recommends not developing this area for a potential parkland waiver 2. BMC 38.400.010 - Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. Hoover and Renee Way must be extended to at least the subject property's southern boundary upon future development 3. BMC 38.400.010 - All streets must comply with the adopted growth policy and/or transportation plan. North 27th Avenue must be constructed to the city's collector standard upon future development necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities 194 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 12 of 35 4. The proposed project is located in an area that is known to have seasonally high groundwater. The applicant must demonstrate that seasonal high groundwater will not impact the function or maintenance of storm water facilities. Industry guidance recommends a three-foot minimum separation from the bottom of a storm water facility to the underlying groundwater table. The applicant must provide local seasonal high groundwater elevations to support the proposed design SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22067. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on July 18, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 195 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 13 of 35 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on three sides of the property. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion met. The subject property is totally surrounded by City limits. Eight (8) separate parcels are within this enclave of unannexed land totaling 90.56 acres. Two additional properties within this unannexed area are currently in the annexation process. All three parcels currently being considered for annexation total 33.56 acres. Please refer to the Section 2- Maps 3 for a map of this area. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. The existing residential structure and any proposed future developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is primarily planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. 196 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 14 of 35 Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Thomas Drive (North 27th Avenue) as a north-south transportation corridor. If approved, this annexation will decrease an existing irregular city boundary. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for South 27th Avenue (Thomas Drive) to the east which is designated by the City as a collector. No addition internal street network is required to serve the property at this time. Further development may necessitate additional local and/or internal streets. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is 15.115 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 8 inch sanitary sewer and a 12 inch water supply pipe in a utility easement to the east of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and 197 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 15 of 35 volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Thomas Drive (North 27th Avenue to the east. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 12. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be determined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Urban Neighborhood”. No change to the growth policy is required. The application includes a request for initial zoning of REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on July 18, 2022. 198 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 16 of 35 The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 2, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Thomas Drive which is a minor arterial and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. 199 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 17 of 35 Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. Policy 12: The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. 200 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 18 of 35 Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There is an existing residential structure on the property utilizing on-site well and septic system. The applicant will be required to disconnect the septic system upon annexation and cease the use of the well for domestic water and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 6-7 address these issues. 201 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 19 of 35 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 202 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 20 of 35 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Urban Neighborhood. The applicant is requesting REMU for the entire property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment 203 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 21 of 35 buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the REMU zoning proposed through this application fosters flexibility to address both current market trends and long term land 204 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 22 of 35 use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the south, east, and north. It adds approximately 15 acres to the City limits that is available for urban development while creating a more consistent city border. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed REMU zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency 205 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 23 of 35 services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. 206 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 24 of 35 E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The REMU district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Thomas Drive and other transportation systems found to be inadequate to serve the additional development. The property is addressed as 1001 Thomas Drive and has a Walk Score of 22. Average walk score for the city as a whole is 47 out of 100. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these 207 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 25 of 35 numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Although the character of the area is emerging, a somewhat eclectic use and building form has emerged. To the east is un-annexed land designated as Urban Neighborhood. To the south is undeveloped property currently zoned R-4 and is also undergoing rezoning review to establish REMU. If all these properties are zoned REMU it would result in a total land area of approximately 30 acres. Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character, as described in residential intent and purpose statement. Surrounding zoning includes medium to high density residential, County lands, and future commercial. Creating a more dense residential development with commercial services adjacent to a higher intensity commercial area is a compatible use. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B 208 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 26 of 35 below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 209 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 27 of 35 d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a districts character. The applicant states that the REMU district, “… zoning will allow for similar and additional compatible uses and allow for increased residential density and small-scale retail and restaurants as secondary uses in a geographically compact, walkable area.” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning 210 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 28 of 35 freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however apperception of decreased value often referenced. In fact, based on available evidence it appears that annexation and further intensification in fact increases the value of property and buildings adjacent to those properties that are annexed. Additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the REMU district nine implantation strategies will generate additional synergies in the community that will likely bolster building values. 211 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 29 of 35 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. While the proposed use is not an exact match in type or intensity of the adjacent land uses, it is not significantly different from the uses. To the west of the subject property are medium density residential and un-annexed semi-rural residential. Although currently undeveloped the property adjacent is zoned (R-4) for high density residential and is also an implementing district for the designated future land use. In support of finding that the proposed zoning is not significantly different from prevailing land uses is the fact that the adjacent property to the north and east are zoned for a developed as a mixed-use, commercial, and business related. The REMU zoning integrates all of these uses in a neighborhood scale. Thus, while the REMU is not the exact same as the adjacent properties, it is a proposed intensity that falls within the range of adjacent properties land uses of suburban office, medium to high density residential, and designated commercial areas with primary transportation corridors bounding the property. As discussed in Criterion A above, the REMU zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the 212 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 30 of 35 most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests 213 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 31 of 35 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on July 3 and 10, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on June 29, 2022 no comment has been received on this application. Comment can be reviewed at the following link. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to 214 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 32 of 35 provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 215 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 33 of 35 j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 216 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 34 of 35 217 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 35 of 35 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Seven Ox Seven, O’Reilly Partnership, 4 Clovers, 2246 Boot Hill Court, Suite 1, Bozeman, MT 59715 Applicant: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman, MT 59715 Representative: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260404 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 218 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:6730 Davis Lane Annexation, Application 22020, Requesting Annexation of 10.071 Acres and Amendment City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed-Use District) MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: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 22020 and move to approve the 6730 Davis Lane Annexation. AND 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicant and property owners seek to annex a parcel 10.071 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is on the east side of Davis Lane and part of a large 90 acre commercial node base on the intersection of Baxter and Davis Lanes which are both designated Minor Arterial streets in the Bozeman Transportation Master Plan. The property directly to the east is owned by the Bozeman School district. Other development in the area include the Baxter Meadows Planned Unit Development on the west side of Davis Lane. This area include the Sundance Phase I residential development and the proposed Park Meadows (formally Sundance Phase II) residential development which proposes horizontally 219 mixed uses. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the REMU district as an implementing zoning district. Nearby municipal zoning to the west is zoned B-2 (Community Commercial). The proposed annexation would bring in additional right of way to build out another section of Davis Lane upon further development. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22020 6730 Davis Annx-ZMA CC SR.pdf Report compiled on: July 1, 2022 220 Page 1 of 35 22020 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on July 18, 2022; Continued to August 1, 2022 City Commission meeting is on August 2, 2022 Project Description: Annexation application 22020 requesting annexation of 10.071 acres and amendment application 22020 of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District). Project Location: 6730 Davis Lane legally described as the North One-Half (N ½), of the Southwest One-Quarter (SW ¼), of the Southwest One-Quarter (SW ¼), and the South One-Half (S ½), of the Northwest One-Quarter (NW ¼), of the Southwest One-Quarter (SW ¼), of the Southwest One-Quarter (SW ¼) in Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission 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 22020 and move to recommend approval of the 6730 Davis Lane Zone Map Amendment, with contingencies required to complete the application processing. 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 22020 and move to approve the 6730 Davis Lane Annexation. 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. Report Date: July 20, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 221 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 2 of 35 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex a parcel 10.071 acres plus adjacent rights-of- way into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed- Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is on the east side of Davis Lane and part of a large 90 acre commercial node base on the intersection of Baxter and Davis Lanes which are both designated Minor Arterial streets in the Bozeman Transportation Master Plan. The property directly to the east is owned by the Bozeman School district. Other development in the area include the Baxter Meadows Planned Unit Development on the west side of Davis Lane. This area include the Sundance Phase I residential development and the proposed Park Meadows (formally Sundance Phase II) residential development which proposes horizontally mixed uses. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the REMU district as an implementing zoning district. Nearby municipal zoning to the west is zoned B-2 (Community Commercial). The proposed annexation would bring in additional right of way to build out another section of Davis Lane upon further development. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 222 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 3 of 35 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 18, 2022. After consideration of the application materials, Staff report, and public comment the Board _______ to recommend approval of the Zone Map Amendment to establish REMU zoning as requested by the applicant. No public comment was heard on the application at the public hearing. All recorded meeting video can be reviewed at the following link. https://www.bozeman.net/departments/city-commission/commission-meeting-video Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 223 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 12 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18 Spot Zoning Criteria ......................................................................................................... 29 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 31 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 31 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 35 FISCAL EFFECTS ................................................................................................................. 35 ATTACHMENTS ................................................................................................................... 35 224 Page 5 of 35 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Baxter Lane Davis Lane Subject Property 225 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 6 of 35 Map 2: BCP 2020 Future Land Use Map Subject Property 226 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 7 of 35 Map 3: Existing City Zoning Subject Property 227 Page 8 of 35 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. Naming Term. The documents and exhibits to formally annex the subject property must be identified as the “6730 Davis Lane Annexation”. 2. Map Format Term. An Annexation Map, titled “6730 Davis Lane Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. Adjacent ROW Term. The applicant must extend the annexation map to the centerline of Davis Lane of the existing Davis Lane, which will cover the entire Davis Lane ROW. 4. Timing Term. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. Impact Fee Notice Term. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. SID Waiver Term Header. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. SID Waiver 1 - Streets. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. SID Waiver 2 - Intersections. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. SID waiver 3 - Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, 228 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 9 of 35 or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 7. Notice Term Header. The Annexation Agreement must include the following notices: a. Notice Term "a" Storm Water Master Plan. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. Notice Term "b" Extent of Service. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. Notice Term "c" Water Rights. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. Notice Term "d" Verification of Municipal Service. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property e. Notice Term "e" Municipal Service Installation. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. Notice Term "f" Utility Easements. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. Notice Term "g" assessments. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. 229 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 10 of 35 h. Notice Term "h" Impact Fees. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. Notice Term "I" Impact Fees. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 8. Municipal Connection Term. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 9. On-site Septic Abandonment Term. The applicant must properly abandon the existing on- site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 10. On-site Well Disconnect Term. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 11. COB Resolution 5076 - Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective half of the ROW from the centerline of the existing ROW as a public street and utility easement where Davis Lane is adjacent to the property (A 50 ft easement is requested with this annexation). A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City's Engineering Department to receive a copy of the standard easement language. 12. COB Resolution 5076 - The applicant must contact Griffin Nielsen with the City's Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 230 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 11 of 35 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. Naming Contingency. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU shall be identified as the 6730 Davis Lane Zone Map Amendment. 2. Map Contingency. The applicant must submit a zone amendment map, titled “6730 Davis Lane Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. Ordinance Notice Contingency. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. Timing Notice Contingency. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time. The City Commission will hold a public meeting on the annexation on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 231 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 12 of 35 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22020. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on July 18, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on August 2, 2022. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the west side. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Met. The subject property is wholly surrounded although not all side for the property are immediately adjacent to City limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not connected to City services. The existing structure will be required to connect to City services as a term of annexation. Any future development will be required to connect with City services. 232 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 13 of 35 Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Community Commercial Mixed Use’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Davis Lane as a north-south western border of the City limits. If approved, this annexation will temporarily create an irregular city boundary it does partially fill another inholding in the city. This annexation would further the goal of a consistent north-south border along Davis Lane. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for Davis Lane to the west which is designated by the City as a minor arterial. No addition internal street network is required to serve the property at this time. Further development may necessitate additional local and/or internal streets. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 10.071 acres. 233 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 14 of 35 Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 7(c) and 12. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in Davis Lane and currently terminates at the southern edge of the subject property. In addition, water delivery stubs are installed in Galloway Street and Equestrian Lane west of Davis Lane. Any future development will be required to connect to the City systems. Per Term of Annexation 8, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for Davis Lane. The Recommended Terms of Annexation include requirements for this right of way provisions. See Terms of Annexation 11. No Class I trails are designated for the subject property according to the PROST Plan. 234 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 15 of 35 Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Community Commercial Mixed Use”. No change to the growth policy is required. The application includes a request for initial zoning of REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Community Commercial Mixed Use” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on July 18, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 2, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and paved to the edge of the subject property. 235 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 16 of 35 Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 8 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Davis, Galloway, and Kimerwicke Streets. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Per Term of Annexation 7(d, & e) and 8, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards with future development. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services 236 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 17 of 35 in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to unplatted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation requires applicable fees for the existing home but not for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district 237 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 18 of 35 until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. Term of annexation 9 and 10 requires full compliance with this policy. The existing residential structures utilized the emergency connection option in conjunction with this application to provide sewer service. No additional service are currently being contracted. If approved, the all septic systems and water use for human consumption will be severed and abandoned and connection to the City water and sewer system will be completed. Finally, all future development will be required to connect to city services. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. 238 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 19 of 35 In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi- story buildings. Residences on upper floors, in appropriate circumstances, are 239 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 20 of 35 encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Community Commercial Mixed Use. 240 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 21 of 35 The applicant is requesting REMU for the entire property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development 241 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 22 of 35 opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the west. The annexations adds approximately 10.07 acres to the City limits that is available for urban development while creating a more consistent city border. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. REMU allows a variety of uses vertically and horizontally integrated. The proximity of this property to existing and proposed commercial and residential development furthers this goal. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. Refer to previous response (Goal – N.2 response) 242 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 23 of 35 DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. With further development another section of Davis will be constructed improving City infrastructure. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. Although no public transit is directly adjacent to the site, the Streamline Blue Line provides service to the intersection of Baxter Lane and North 27th Avenue. This intersection is approximately 3,000 feet from the subject property. Future Streamline service may run further north on 27th after street improvements and through connections. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The intent and purpose of the REMU zoning district promotes this objective. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring the two existing homes and new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. 243 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 24 of 35 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. 244 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 25 of 35 F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Davis Lane. Future development will be required to provide enhanced motorized and non-motorized transportation systems. The Walk Score is low with a walk score of 14, a transit score of 20, and a bike score of 39. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. G. Promotion of compatible urban growth. Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The character of the area is emerging. A ninety acre areas has been designated as a commercial hub for over twenty years in the past three growth policies the designation has yet to realize its vision. Numerous developments have been constructed in the Baxter Meadows subdivision including commercial and residential development much of the area remains underdeveloped until recently. The Park Meadows mixed use development constructed a park in anticipation of additional residential uses and have an approved master site plan for a mixed use 245 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 26 of 35 development on the west side of Davis Lane. In addition, multiple annexation are being processed in this commercial area laying the ground work for additional development. The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the REMU district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; 246 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 27 of 35 b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a districts character. The applicant states the obvious that the REMU 247 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 28 of 35 district, “will allow for similar and additional compatible uses and allow for increased residential density and small scale retail and restaurants…” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. 248 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 29 of 35 I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Neutral. The existing residential structure will likely be remove to make way for development on the property. Based on available evidence it appears that annexation and further intensification increases the value of property and buildings adjacent to those properties that are annexed. Considerable new development has and is planned to occur nearby. Development of the site will likely increase building values in the area, including the County inholdings, by adding additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the REMU district nine implantation strategies. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Community Commercial Mixed Use”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The proposed zoning is in substantial compliance and in accordance with the adopted Bozeman Community Plan 2020. Adjacent to and across Davis Lane is an area zoned B-2. The B-2 zone is a mixed use commercial zone in which a large portion is being used for high density 249 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 30 of 35 residential. Directly to the north is property recently annexed and zoned as B-2M, another mixed use zoning district. The subject property is one small part of a large commercial node in the City that has been designated for such use in the past two Growth Policies. While the proposed use is not an exact match in type or intensity of the adjacent land uses overall, it is not significantly different from the uses. To the west of the subject property is currently property being used for high density residential and commercial activity. The unannexed property to the south and east are single family homes. Thus, while the REMU is not the same as the adjacent properties today, it is a proposed intensity that falls within the range of adjacent properties land uses of high density residential, commercial use, and single-household residential that is being converted into urban uses and densities according to the BCP 2020. As discussed in Criterion A above, the REMU zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. 250 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 31 of 35 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on July 3 and 10, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on June 27, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of 251 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 32 of 35 functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; 252 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 33 of 35 l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 253 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 34 of 35 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 254 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 35 of 35 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: DL Phase One, LLC, 122 Kundert Lane, Bozeman, MT 59718 Applicant: DL Phase One, LLC, 122 Kundert Lane, Bozeman, MT 59718 Representative: Cadius Partners, LP, 23 Apex Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 255 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Continue Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 to August 9, 2022 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to continue Adopt Commission Resolution No. 5406 / establishing a Tree Maintenance District Assessments for FY2023, making the assessment rate $0.003914 per assessable square foot to August 9, 2022 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The public hearing for this item needs to be continued to August 9, 2022 in order to meet noticing requirements for the legal ad. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Report compiled on: July 21, 2022 256 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5407 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2023 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5407/Establishing a 6% change in Arterial and Collector Street Maintenance Assessments for FY 2023, making the assessment rate $0.007417 per assessable square foot. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City Manager’s Budget includes a 6% change in Arterial and Collector Street Maintenance Assessments. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The Arterial and Collector Street Maintenance District Assessment rate will change over last year’s rate, resulting in the following: Total Arterial and Collector Street Maintenance Assessments Collected, est. $1,640,498.65 Total Increased Dollars (6%) to Street Maintenance District Fund, est. $92,835.71 Assessment, Average Residential Lot (7,500 sq ft) $55.63 Annual Increase (6%), Average Residential Lot (7,500 sq ft) $3.15 Annual Assessment, Maximum Residential Lot (15,000 sq ft) $111.26 Annual Increase (6%), Maximum Residential Lot (15,000 sq ft) $6.30 Attachments: 257 Resolution 5407 Arterial-CollectorStreet Mtc Assessments FY23.docx Report compiled on: July 19, 2022 258 Page 1 of 5 RESOLUTION NO. 5407 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2023 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE ARTERIAL AND COLLECTOR STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 31st day of August, 2015, following notice and public hearing regularly pass Commission Resolution No. 4640 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND COLLECTOR STREETS. Which Commission Resolution No. 4640 provides the basis and method of assessing the cost against property herein assessed; and WHEREAS,Commission Resolution No. 4640 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and 259 Resolution 5407, Levying and Assessing Arterial and Collector Maintenance District Page 2 of 5 WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries are the city corporate limits as amended from time to time by annexation; and WHEREAS, to defray the costs of arterial and collector street maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 4640 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of the maintenance of arterial and collector streets located within the district, which is hereby extended to include the city’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2023 the City of Bozeman hereby levies and assesses upon all property located within the district the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 4640 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30, 2022, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2023. Section 2 260 Resolution 5407, Levying and Assessing Arterial and Collector Maintenance District Page 3 of 5 The assessment basis and method of assessing the costs of the district against property herein assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 That the per-square-foot assessment rate in saiddistrict shall be$0.007417per square footof actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 sq ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) 261 Resolution 5407, Levying and Assessing Arterial and Collector Maintenance District Page 4 of 5 All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2022 through June 30, 2023, and be billed in October 2022 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2022 is subject to assessment for fiscal year 2023. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 2nd day of August, 2022 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all arterial and collector streets located within the City’s corporate limits for the fiscal year 2023, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. 262 Resolution 5407, Levying and Assessing Arterial and Collector Maintenance District Page 5 of 5 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 2nd day of August, 2022. ____________________________ CYNTHIA ANDRUS Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 263 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5408 Establishing a Six Percent Increase to Street Maintenance District Assessments for Fiscal Year 2023 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5408/establishing a 6% increase in Street Maintenance District Assessments for FY 2023, making the assessment rate $0.035100 per assessable square foot. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The City Manager’s Budget includes a 6% increase in Street Maintenance Assessments. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The Street Maintenance District Assessment rate will increase 6% over last year’s rate, resulting in the following: Total Street Maintenance Assessments Collected, est. $8,115,804.45 Total Increased Dollars (6%) to Street Maintenance District Fund, est. $459,232.99 Annual Assessment, Average Residential Lot (7,500 sq ft) $263.25 Annual Increase (6%), Average Residential Lot (7,500 sq ft) $14.90 Annual Assessment, Maximum Residential Lot (15,000 sq ft) $526.50 Annual Increase (6%), Maximum Residential Lot (15,000 sq ft) $29.80 264 Attachments: Resolution 5408 Street Mtc Assessments FY23.docx Report compiled on: July 19, 2022 265 Page 1 of 5 RESOLUTION NO. 5408 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2023 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2803 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY’S CORPORATE LIMITS AND REPEALING COMMISSION RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO 5; 1651, CREATING SPRINKLING DISTRICT NO 6; 1652 CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING SPRINKLING DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9. Which Commission Resolution No. 2803 provides the basis and method of assessing the cost against property herein assessed; and 266 Resolution 5408, Levying Assessment for Street Maintenance District for FY20 Page 2 of 5 WHEREAS,Commission Resolution No. 2803 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district boundaries to be changed by resolution; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution, excluding Story Hills; and WHEREAS, to defray the costs of street maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 2803 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the estimated cost and expense of the maintenance of streets, alleys and public places located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, excluding Story Hills, for Fiscal Year 2023 there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same. The said sums shall be paid and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2803 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments.Failure to pay such 267 Resolution 5408, Levying Assessment for Street Maintenance District for FY20 Page 3 of 5 assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30, 2022, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2023. Section 2 The assessment basis and method of assessing thecosts of the maintenance district against property herein assessed shall be as specified in Resolution No. 2803, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be $0.035100 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. The minimum annual assessment will be $3.50. Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, 25% of total sq ft 268 Resolution 5408, Levying Assessment for Street Maintenance District for FY20 Page 4 of 5 Hospital, & Public Owned property) REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2022 through June 30, 2023, and be billed in October 2022 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2022 is subject to assessment for Fiscal Year 2023. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 2nd day of August, 2022 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all streets, alleys, and public places located within 269 Resolution 5408, Levying Assessment for Street Maintenance District for FY20 Page 5 of 5 the City’s corporate limits for the Fiscal Year 2023, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 2nd day of August, 2022. _______________________________ CYNTHIA ANDRUS Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 270 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Rachel Harlow-Schalk, Interim Finance Director SUBJECT:Resolution 5409 Establishing a 15 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2023 MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution No. 5409 – Establishing a 15% change in Parks and Trails Maintenance District Assessments for FY 2023, making the assessment rate $0.026002 per assessable square foot. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City Manager’s Budget includes a 15% change in Parks and Trails Maintenance District Assessments. This is the third year of the five-year phase in plan for this assessment. On May 5, 2020 the Citizens of Bozeman voted to approve the creation of a Parks & Trails District. The plan for this district have been in the works for years and developed first with consultants and furthered in the most recent Capital Improvement Plan and internal staffing plan. A citywide park and trail district is an effort to solve three major issues: • Deferred Maintenance: The cost of deferred maintenance in our parks and trails is currently ~$6.8 million. This includes assets that need to be repaired or replaced because they are beyond their useful life. • Operations and Maintenance: Our current level of service for park and trail maintenance is reactionary in nature. The District will provide a funding source for current city parks and trails, new park projects coming on-line soon (Story Mill Park, Sports Park, Path to the M, etc.) and 235 acres of neighborhood parks and trails throughout the city that property owners associations are currently maintaining. The Commission determined a five- year phase in plan of s silver level of services across all parks. • Equity: The district eliminates the need for homeowner associations (HOAs) to maintain city parks and trails in their subdivision through HOA fees. These city property owners who currently pay both general taxes and HOA fees for park and trail maintenance will no longer be paying a higher share of the system costs. All city property owners will pay an annual 271 assessment for park and trail maintenance. The first steps will be taking on the HOA parks and maintaining them at our current level of service. As we move into years two-five we will address deferred maintenance and under the five year ramp up it will take us a little over ten years to address our current back log. In addition, over the next five years we will be increasing the level service and will hope to achieve silver level of service by year 5 for all City owned parks. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The Parks & Trails District Assessment rate will result in the following: Total Parks and Trails Assessments Collected, est. $5,748,618.08 Total Increased Dollars (15%) to the Parks and Trails District Fund, est. $749,938.08 Assessment, Average Residential Lot (7,500 sq ft) $195.02 Annual Increase (15%), Average Residential Lot (7,500 sq ft) $25.44 Annual Assessment, Maximum Residential Lot (15,000 sq ft) $390.03 Annual Increase (15%), Maximum Residential Lot (15,000 sq ft) $50.88 Attachments: Resolution 5409 Parks Trails FY23 Assessment.docx Report compiled on: July 19, 2022 272 Page 1 of 5 RESOLUTION NO. 5409 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2023 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE PARKS AND TRAILS DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS,on May 5, 2020, the voter of the City of Bozeman approved the creation of a Parks and Trails District (the “District”); and WHEREAS, the City Commission of the City of Bozeman did on the 1st day of June, 2020, following notice and public hearing pass Commission Resolution No. 5180 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING THE CREATION OF A PARKS AND TRAILS SPECIAL DISTRICT WITHIN THE INCORPORATED LIMITS OF THE CITY OF BOZEMAN, MONTANA PURSUANT TO THE RESULTS OF THE MAY 5, 2020 ELECTION ; and WHEREAS, the City Commission of the City of Bozeman did on the 2nd day of December, 2019, following notice and public hearing regularly pass Commission Resolution No. 5053, a Resolution: (i) ordering a referendum on the creation of the District; (ii) providing the basis and method of assessing the cost against property herein assessed; and (iii) stating the City Commission will, as part of its regular budget process, estimating the total costs of the District for the following fiscal year; and WHEREAS, in accordance with Commission Resolution No. 5053, the District boundaries are the corporate limits of the City as amended from time to time by annexation; and 273 Resolution 5409, Levying and Assessing Parks and Trails District Page 2 of 5 WHEREAS, to defray the costs of the District for the coming assessment year (fiscal year 2023), the Commission must now establish an assessment to be levied for to defray the costs of the District. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 5053 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of District, which is hereby extended to include the City’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2023 the BozemanCity Commission hereby levies and assesses upon all property located within the District the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessments are an amount equal to the annual cost of the programs and improvements of the District. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 5053, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30, 2022, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2023. Section 2 The assessment basis and method of assessing the costs of the District against property herein assessed shall be as specified in Resolution No. 5053, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 That the per-square-foot assessment rate in saiddistrict shall be$0.026002per square footof actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. The minimum annual assessment will be $3.50. 274 Resolution 5409, Levying and Assessing Parks and Trails District Page 3 of 5 Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 sq ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU; NEHMU; UMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2022 through June 30, 2023, and be billed in October 2022 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2022 is subject to assessment for fiscal year 2023. 275 Resolution 5409, Levying and Assessing Parks and Trails District Page 4 of 5 Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 2nd day of August, 2022 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all city owned parks and trails located within the City’s corporate limits for the fiscal year 2023, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 2nd day of August, 2022. ____________________________ CYNTHIA ANDRUS Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 276 Resolution 5409, Levying and Assessing Parks and Trails District Page 5 of 5 ____________________________________ GREG SULLIVAN City Attorney 277 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Resolution 5427 Establishing Rates for Emergency Medical Services Transport MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution 5427, establishing a rate schedule for for Emergency Medical Services Transport STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The Fire Department has provided backup EMS transport services since 2007 but has never attempted to recovery any of the cost associated with providing these services. On April 19, 2022 the City Commission authorized the Fire Department to enter into a professional services agreement with Pintler Billing, allowing the fire department to use a third party service for EMS billing. The EMS billing will be direct billing to insurance companies, with any remaining unpaid balances being the responsibility of the patient. This practice is similar to what citizens and visitors experience when service is provided by the private EMS transport service in Bozeman. The billing for these services is intended to cover a number of different cost associated with providing the service but below are some higher level examples. . Personnel cost of the employees assigned to the EMS transport Cost of any materials, medications, medical equipment, and other items used to provide services during the transport Cost of fuel for the ambulance Cost of wear and tear on the ambulance and other associated equipment such as cots, cardiac monitors, and other specialized medical equipment that requires replacement. UNRESOLVED ISSUES:None at this time 278 ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS: All revenue generated from this cost recovery program will be deposited into a special revenue fund that will be used to cover cost associated with providing EMS transport services. Attachments: COMMISSION RESOLUTION NO 5427 ESTABLISHING RATES FOR EMERGENCY MEDICAL SERVICES TRANSPORT.pdf EMS Transport Cost Recovery FY-23.pdf Report compiled on: July 21, 2022 279 Page 1 of 2 COMMISSION RESOLUTION NO. 5427 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR EMERGENCY MEDCIAL SERVICES TRANSPORT FOR THE CITY OF BOZEMAN. WHEREAS, the City Commission of the City of Bozeman, following notice and public hearing established a new Rate Schedule for the City of Bozeman’s Fire Department for Emergency Medical Services (EMS) Transport. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the new rates for EMS transport, shall become effective beginning August 3, 2022 as follows, to wit: Section 1 – Rate Schedule Service Provided Rates Effective 8/3/2022 Basic Life Support Non-emergent $1,000.00 Basic Life Support Emergent $1,000.00 Advanced Life Support Non-emergent $1,200.00 Advanced Life Support Emergent $1,200.00 Basic Life Support Routine Supplies $125.00 Advanced Life Support Routine Supplies $150.00 Intravenous (IV) Supplies $100.00 Oxygen and Supplies $120.00 Defibrillation & Supplies $350.00 Intubation Supplies $350.00 Mileage $20.00 per mile Section 2 – Billing Procedures The third party service provider on behalf of the fire department shall bill charges for EMS transport under this schedule, with initial billing made to patient’s insurance if applicable. If no patient insurance is available or a balance remains after insurance payment, it shall become the responsibility of the patient. Patients may work with the third party service to set up a payment plan if necessary or make application 280 Page 2 of 2 for a financial hardship. The City Manager, or his / her designated representative, may establish additional administrative procedures as necessary for the administration of this cost recovery program. Section 3 – Protests In cases where EMS transport charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other EMS transport customers, the person or persons against whom such charges are made may apply to the City Manager for an adjustment, stating the circumstances. The City Manager, or his / her designated representative, may make such adjustment of the EMS transport charges as is deemed necessary, fair and equitable. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of August 2022; and effective August 3, 2022. CYNTHIA L. ANDRUS Mayor ATTEST: MIKE MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 281 EMS TRANSPORT COST RECOVERY FY-23 RECOMMENDED RATES Background The Fire Department has provided backup EMS transport services since 2007 but has never attempted to recovery any of the cost associated with providing these services. On April 19, 2022 the City Commission authorized the Fire Department to enter into a professional services agreement with Pintler Billing, allowing the fire department to use a third party service for EMS billing. The EMS billing will be direct billing to insurance companies, with any remaining unpaid balances being the responsibility of the patient. This practice is similar to what citizens and visitors experience when service is provided by the private EMS transport service in Bozeman. The billing for these services is intended to cover a number of different cost associated with providing the service but below are some higher level examples. . Personnel cost of the employees assigned to the EMS transport Cost of any materials, medications, medical equipment, and other items used to provide services during the transport Cost of fuel for the ambulance Cost of wear and tear on the ambulance and other associated equipment such as cots, cardiac monitors, and other specialized medical equipment that requires replacement. Rate Recommendation The fire department has worked with Pintler Billing to evaluate rate structures from other service providers across the state. The fire department reviewed 16 other rate structures from across Montana, including transport agencies within Gallatin County, to help inform the development of this rate structure. As part of this evaluation, the fire department factored in the cost specific to the fire department, such as labor and equipment replacement, to develop the initial rate structure. We are recommending the following rate structure for adoption. BLS Non-emergent $1,000.00 BLS Emergent $1,000.00 ALS Non-emergent $1,200.00 ALS Emergent $1,200.00 BLS Routine Supplies $125.00 ALS Routine Supplies $150.00 ALS 2 Emergent $1,250.00 Mileage $20.00 282 IV Supplies $100.00 Oxygen and Supplies $120.00 Defibrillation & Supplies $350.00 Intubation $350.00 *BLS = Basic Life Support *ALS = Advanced Life Support Rate Adjustment and Review: The Fire Department will work with their third party billing service to review and update the rate schedule in FY-25. Budget Information: All revenue generated from this cost recovery program will be deposited into a special revenue fund that will be used to cover cost associated with providing EMS transport services. 283 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Fowler Avenue Connection Project Work Session MEETING DATE:August 2, 2022 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Provide input on the Fowler Avenue Connection 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 Fowler Avenue Connection is working towards completion of the pre- design phase of the project. During this phase of the project, the City gathers baseline information required to establish a high level approach for detailed design development. Pre-design includes community engagement, survey, geotechnical, environmental, and the development of traffic projections. This baseline information is then used to conduct the alternatives analysis. Key elements for consideration in the pre-design phase for the Fowler Avenue Connection project include number of lanes, intersection type, bicycle and pedestrian facility types, and landscaping preferences. The attached staff report details the recommendations for advancing the Fowler Avenue Connection project. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by commission. FISCAL EFFECTS:The project is in the CIP and funding for the design is in the current budget. Attachments: 20220724_FINAL Fowler pre-design Staff Report.pdf Report compiled on: July 22, 2022 284 Fowler Staff Report Background Context Fowler Avenue is a north/south transportation corridor in west Bozeman. Fowler Avenue exists in several disconnected segments between Huffine Lane and Oak Street. It currently exists as a 2‐lane street from Huffine Lane to West Babcock Street and again as a 2‐lane street for one quarter mile south of Durston Road. North of West Oak Street Fowler becomes Davis Lane, which then connects to East Valley Center Road. Fowler Avenue corridor is half way between the principal arterials of N 19th Avenue and Cottonwood Road. Fowler Avenue is identified as a minor arterial in the 2017 Transportation Master Plan (TMP). Minor arterials are a key component of the transportation network and work to augment the principal arterial system. They accommodate trips of moderate length and distribute travel to smaller geographic areas without impacting local streets. Connectivity is one of the foundational principles of smart growth, as this allows for a fine‐grained network of smaller, safer, more efficient streets instead of directing traffic to a few large, overburdened arteries. History The Fowler Avenue corridor has been identified as a minor arterial in the City’s Transportation Master Plan since at least 1990. Most recently in the 2017 TMP the Fowler Avenue Connection Project was specifically identified as MSN‐17: Reconstruct Fowler Avenue, from the intersection with Huffine Lane to the intersection with Oak Street, to a five‐lane urban minor arterial standard. In addition to being specifically included in the TMP the Fowler Avenue Connection project addresses elements in the Strategic Plan and the Community Plan that include strategically investing in infrastructure, pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods, and improving mobility options that accommodate all travel modes. Purpose and Need Purpose In transportation project development, Purpose and Need define the objective of a project and deficiency it is trying to solve. The purpose of the Fowler Avenue Connection project is to enhance connectivity of the transportation system for all users. A robust and well connected transportation system benefits city residents, businesses, and visitors by improving social and economic mobility. The intent of this project is to increase transportation choice, improve emergency service response, decrease vehicles miles traveled, and improve transportation efficiency and safety across the broader west side network. The 2017 TMP includes visionary principals such as: 285 “The community desires a connected, smarter transportation system through land use and transportation planning. This type of system allows citizens to choose what mode of travel they desire, and makes travel more convenient while promoting an active lifestyle by choice for its citizens” “Efficient travel and increased mobility is desirable to minimize transportation and associated costs.” The Fowler Avenue Connection project is currently needed given the rapid growth in the north and west areas of Bozeman. Disconnections of the north/south arterial and collector network have forced travel on to local streets while also threatening to overburden adjacent collectors and arterials. This gap in the network induces diversion from shortest path of travel, which has the impact of increasing vehicle miles traveled and emissions while threatening safety of users on adjacent streets. The Fowler Avenue Connection project serves to provide an additional direct connection that will reduce the load on these adjacent streets. In addition to the general need for improved north/south connectivity in this part of the city, emergency service providers such as Fire, Police, and EMS are in need of a more direct connection. The Bozeman Fire Department and County 911 facilities on Davis Lane will benefit from the improved connectivity of this project. Additionally, the project will enhance connectivity to the growing medical services available along East Valley Center Road near Davis Lane. Design Phase and Recommendations Pre‐design The Fowler Avenue Connection is working towards completion of the pre‐design phase of the project. During this phase of the project, the City gathers baseline information required to establish a high level approach for detailed design development. Pre‐design includes community engagement, survey, geotechnical, environmental, and the development of traffic projections. This baseline information is then used to conduct the alternatives analysis. Key design criteria of the pre‐design phase include number of lanes, intersection type, bicycle and pedestrian facility types, and landscaping preferences. Recommendation Based on conclusion of the pre‐design phase, Department of Transportation and Engineering staff recommend the Fowler Avenue Connection project advance into preliminary engineering with the following conditions: 1. One travel lane in each direction 2. Turn lanes as needed 3. Traffic signal intersection control at the intersection of Babcock Street 4. Roundabout intersection control at the intersection of Durston Road 5. Shared use path on at least one side of the corridor 6. Utilization of flexible design criteria to provide context sensitive solutions with a goal of preserving existing tree canopy 286 Explanation of Recommendation A critical aspect of the recommendation is design flexibility. The Fowler Avenue corridor traverses different adjacent land use contexts. The staff recommendation sets the high level vision and establishes the critical features of the corridor. The combination of these features will accomplish the purpose of enhancing transportation connectivity for all modes. Implementing them with design flexibility will enable a final design that is sensitive to the varying contexts. This means that Fowler Avenue may not carry the same exact typical section for the entire length. Instead the critical elements will be implemented with flexibility that reacts to the varying contexts of the corridor. This flexible design approach will allow the city to balance the current and future needs for connectivity with resident’s input on impact to adjacent neighborhoods and concerns with loss of trees and habitat. Additionally, this approach accounts for the rising costs of construction with an incremental approach to future needs. Community engagement The pre‐design phase of this project included the most robust community engagement plan for any transportation project in the history of the City, guided by the City of Bozeman Engage Bozeman framework. The Fowler Avenue Connection page on the Engage Bozeman platform was the hub for the engagement process and received over 3,400 total visits and engaged 2,257 unique visitors referred to as ‘Aware Participants’. Of the citizens who visited the webpage, 658 are considered ‘Informed Participants’ as they viewed a video, downloaded a project document, visited multiple webpages, or contributed feedback. Correspondingly, 160 community members are deemed as ‘Engaged Participants’ meaning they completed an online survey, participated in a poll, contributed written comments called ‘Stories’, or placed pins and comments on the ‘Places’ interactive map. Other community engagement opportunities included eight focus group meetings, three field trips, two community open houses, two city commission presentations, and two Transportation Board meetings. This process was intentionally designed to reach as many voices in our community as possible through varied times, mediums, and engagement types. This process meets and exceeds the best state of practice in the industry across cities both large and small. The community engagement effort was focused around preference of street configuration (number of lanes), intersection traffic control, types of multimodal facilities, and streetscape/landscape elements. A “no build” scenario in which residents were given the option to veto the project was not included, as it does not meet the Purpose and Need established for the project. Staff considers the engagement process to be overwhelmingly productive, with the vast majority of input constructive towards the ultimate goal of the project. Opinions were shared broadly both in support of the project and not, but only a small minority outright refused to engage in any effort but to stop the project from moving forward. Residents clearly indicated a desire for the project to have a minimal foot print, that it maintain the existing mature trees and habitat, and that it have a low speed limit. A two lane roadway with turn lanes as needed was supported by a vast majority. A three lane roadway with a dedicated two way left turn lane is believed to be unnecessary by most. The five lane roadway 287 recommended in the TMP received almost no support. The vast majority expressed a desire for roundabout control at the intersections of Babcock Street and Durston Road. Paved shared‐use paths on both sides of the street was preferred by the vast majority of residents for bicycle and pedestrian users. Protected on‐street bike lanes were requested by some commuters while traditional unprotected on‐street bike lanes like those currently in place in town received almost no support. Residents expressed desire for transit facilities including accessible stops with shelters. The majority support boulevards and medians for plantings, snow storage, and traffic calming. Xeriscaping with drought‐tolerant, low‐water, native plantings is strongly supported for climate resiliency and ease of maintenance. Some concern was expressed that xeriscaping would preclude street and median trees which would calm traffic and suppress traffic noise. Aspects of Staff Recommendation tied directly to feedback include not only number of lanes at a high level, but ability to maintain two‐lane section at the southern end of the project near parks and school, signal control at Babcock dude to right of way and adjacent school zone, well‐connected shared use paths, and flexibility with design to maintain as many trees as possible. Traffic analysis Traffic analysis for the pre‐design phase started with collection of new peak‐hour turning movement counts at the project intersections, as well as a review and analysis of crash data provided by MDT and the Bozeman Police Department. Future corridor traffic volumes were then projected to assess the volume of traffic that may utilize the Fowler Avenue corridor once the connection is made. Background growth associated with population increases in the area over the design life of the project were estimated in order to produce the future volume projections. These volumes were then used for the evaluation of traffic operations and ultimately, the evaluation of alternatives for improvement. The design year for the project is 2041, a 20 year planning horizon. Traffic analysis was performed for two roadway typical sections: 1) one travel lane in each direction and a turn lane (3 lane), and 2) two travel lanes in each direction and a turn lane (5 lane). In addition intersection analysis were performed for the existing signalized intersection at Huffine Lane and the existing roundabout intersection at Oak Street. For the future intersections at Babcock Street and Durston Road, both signalization and roundabout control were evaluated. In addition to analysis of the design year, corridor and intersection sensitivity analyses were conducted to outline the duration of a particular design element maintaining a LOS C or LOS D threshold. A 2% annual growth rate was used in the capacity calculations. The sensitivity analysis concluded that single lane roundabout intersections with the 3‐lane option maintain LOS C on all approaches for 15 years. An LOS D can be maintained for 19 years on all approaches for the Babcock Street intersection and 17 years on all approaches for the Durston intersection. For the corridor analysis, the results show that the southern section of Fowler Avenue (Huffine to Babcock) would maintain LOS C for 12 years and LOS D for 18 years. The middle section of Fowler Avenue (Babcock to Durston) would maintain LOS C for 19 years and the north section (Durston to Oak) would maintain LOS C for 17 years. Based on this sensitivity analysis, staff recommendation finds the appropriate balance between community input requesting smaller footprint and future transportation demand. Without a well‐ connected grid like that which Fowler will provide, adjacent streets would inevitably need widened into larger footprints in order to handle the diverted demand that the Fowler connection will serve. 288 This balance of future capacity need and community input may indicate that policy‐level change needs to be considered regarding LOS standards. As Bozeman grows, the acceptable level of delay is likely to increase. Environmental review City of Bozeman’s baseline environmental survey process was adapted from MDT’s formal environmental process that must comply with federal requirements. Although this is a city‐funded project, environmental elements of the Categorical Exclusion process that would be performed under National Environmental Policy Act (NEPA)/Montana Environmental Policy Act (MEPA) were completed for this project. This included an evaluation of aquatic resources, biological resources, and hazardous materials and substances that may be present in the project area through a visual assessment and information review. For aquatic resources, which include streams, wetlands, and other regulated aquatic resources, a wetland delineation and waterbody assessment was completed. For biological resources, baseline conditions were assessed for general habitat and wildlife species, which include species of concern and protected species. These assessments were done to evaluate potential project effects on the identified resources. In addition, a hazardous materials and substances evaluation was performed to identify whether there are other environmental concerns (e.g., Superfund Sites, spills, contaminated soils, etc.). Pre‐design environmental review found no conditions that would preclude the project from moving forward. This process reviewed a previous document shared by residents titled 2001 Habitat and Wetland Assessment Section Line Ditch Corridor Bozeman, Montana. The pre‐design Environmental Review concluded that the project area is classified as low quality on account of being surrounded by what is now a highly urbanized area. Housing growth surrounding the Section Line Ditch has grown immensely since 2001 and the impact of this development renders the minor impact of the street project low in relation. Right of Way The city has acquired right of way for the Fowler Avenue Connection project in several locations over the last several years. However, significant right of way for this project has yet to be acquired. As part of the pre‐design phase, the city’s right of way consultant has had initial conversations with the owners of the remaining parcels. Several parcels where right of way is needed are not currently annexed into the city. The staff recommendation includes consideration of the impact to adjacent properties and the right of way needs associated with the considered alternatives. In recommending a signal at the Babcock intersection, the desire for roundabouts voiced during the community engagement was balanced with the impact to properties adjacent to this intersection. Opinion of Probable Cost The pre‐design effort included development of opinions of probably cost for each alternative. The estimated costs range from $17.2 million for the 3‐lane with signals to $21.1 million for the 5‐lane with 289 roundabouts. These costs do not include acquisition of right of way. These estimates reflect the significant increase in cost of construction experienced at the local, state, and federal levels. In developing the recommendation, staff looks to the idea of incremental improvement. The critical purpose of this project is to enhance connectivity for this part of the city. The design flexibility that is core to the recommendation will enable the city to fulfill this purpose while addressing overall cost concerns. The final design will consider utilization of existing roadway segments in part to address cost while also being responsive to community input. Conclusion The Fowler Avenue Connection project will provide enhanced transportation connectivity for all modes between neighborhoods, parks, schools, commercial centers, and medical services. Further, we must also consider the cost of inaction. Failure to connect this corridor will result in impact to the adjacent community in a manner that staff does not believe is technically nor ethically prudent. Staff recommends that the Fowler Avenue Connection project include two travel lanes, turn lanes as needed, traffic signal control at the intersection of Babcock Street, roundabout control at the intersection with Durston Road, and shared use path on at least one side of the corridor. The final design of the corridor will employ design flexibility in implementation of this recommendation to address community input, cost impacts, and right of way considerations. 290