HomeMy WebLinkAbout09-20-22 City Commission Meeting Agenda & Packet MaterialA.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 Absences
D.1 Authorize the Absence of Commissioner Christopher Coburn (Maas)
E.Public Service Announcements
F.FYI
G.Commission Disclosures
H.Approval of Minutes
I.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, September 20, 2022
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I.1 Accounts Payable Claims Review and Approval (Armstrong)
I.2 Authorize the Mayor, on behalf of the Commission, to sign a Memorandum of
Understanding with Gallatin County, Montana regarding the Construction of a Second
Parking Garage(Veselik)
I.3 Professional Affiliation Agreement with Bozeman Health for Educational Experiences.(Waldo
)
I.4 Authorize City Manager to Sign a Professional Services Agreement with Mesa Moving and
Storage for Library Renovation Moving and Storage Services(Ziegler)
I.5 Professional Services Agreement with Center for Public Safety Excellence for technical
assistance with standards of cover and community risk assessment.(Waldo )
I.6 Authorize City Manager to Sign First Amendment to Professional Services Agreement for
Parks, Recreation and Active Transportation Plan(Jadin)
J.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.
K.Action Items
K.1 Resolution 5429 - Creation of Special Improvement Lighting District #773, 27th &
Tschache(Hodnett)
K.2 Resolution 5433 - Creation of Special Improvement Lighting District #775, S
Lincoln(Hodnett)
K.3 Resolution 5431 - Creation of Special Improvement Lighting District #774, Simmental
Way(Hodnett)
K.4 Gran Cielo - Cielo Way and S. 27th Ave. Zone Map Amendment to Rezone Approximately 4.3
Acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density
District) Including Adjacent Street Right of Way Northwest of the Intersection of Cielo Way
and S. 27th Avenue, Application 22117(Saunders)
K.5 Public Hearing for The Lofts on Beall Conditional Use Permit (CUP) to Allow Townhouses
(with at least 5 attached units) within the Community Business (B-2) Zoning District,
Application 22010 (Quasi-Judicial)(Hyde)
K.6 The Thomas Drive Zone Map Amendment requesting to change zoning from R-4 (Residential
High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 acres. The property is
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addressed at 1013 and 1067 Thomas Drive; Application 22094.(Rogers)
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.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Christopher Coburn
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner Christopher Coburn.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Christopher Coburn informed City Manager Mihelich that he
would not be in attendance.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: September 13, 2022
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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
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:September 20, 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: September 15, 2022
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Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the Mayor, on behalf of the Commission, to sign a Memorandum
of Understanding with Gallatin County, Montana regarding the Construction
of a Second Parking Garage
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:I move to authorize the Mayor, on behalf of the Commission, to sign a
Memorandum of Understanding with Gallatin County, Montana regarding
the Construction of a Second Parking Garage
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:At the February 1st 2022 Parking Supply and Demand Work Session, the City
Commission directed the City Manager to obtain site control of a property
for the purpose of constructing a second parking garage. The City of
Bozeman and Gallatin County have reached an agreement for the City to
obtain a parcel of land located behind the County Courthouse in exchange
for seventy five parking spaces in the newly constructed garage. The
Memorandum of Understanding will memorialize the agreement between
the City and the County and allow staff to move closer to construction of a
second public parking facility to service the downtown core.
UNRESOLVED ISSUES:No Unresolved Issues at this time
ALTERNATIVES:Alternatives as proposed by the City Commission
FISCAL EFFECTS:No Fiscal Effects at this time
Attachments:
MOA Parking Facility at County Courthouse 09 15 22
FINAL.docx
Report compiled on: September 1, 2022
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MEMORANDUM OF AGREEMENT
City of Bozeman – Gallatin County
Parking Facility at 311 West Main Street, Bozeman, MT
This Memorandum of Agreement (“Agreement”) is entered into between Gallatin County
(“County”) and the City of Bozeman (“City”), a self-governing municipality operating pursuant
to its Charter and the laws of the State of Montana, (collectively the “Parties) on this 20th day of
September, 2022.
WHEREAS, the purpose of this Agreement is to establish the Parties’ mutual understanding of
the steps and actions that must be taken for the Parties to develop a City-owned and managed
parking facility upon the current parking lot behind the Gallatin County Courthouse at 311 West
Main Street in Bozeman; and
WHEREAS, the real property upon which the Parties desire to develop the parking facility are
identified as tracts of land bordered by Mendenhall Street to the north, South 3rd Street to the
East, and the Gallatin County Courthouse and Gallatin History Museum to the South, more
specifically described as Lot 34 and the North 110 feet of Lots 35-42 Block D W.H. Tracy’s
Addition to Bozeman being situated within Section 6, Township 2 South, Range 6 East, P.M.M.,
in Gallatin County, Montana, as shown on Exhibit A.
NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth
herein, the parties agree as follows:
I.Parking Facility. The Parties mutually desire to increase the supply and availability of
parking at the Gallatin County Courthouse and for the residents, businesses, and visitors
to Downtown Bozeman. The Parties agree ample and available parking for Gallatin
County employees and members of the public receiving services at the Courthouse is a
critical aspect of a new parking facility. In addition, the Parties agree increasing the
supply and availability of parking for the public generally and specifically for employees
of downtown Bozeman businesses will provide a significant public benefit.
The Parties understand the City has experience in developing and managing parking
facilities and as such agree the City will own, finance, design, construct, and operate the
parking facility.
The Parties also agree the City will manage the facility utilizing parking and
transportation best practices and follow recommendations outlined in the 2016
Downtown Strategic Parking Management Plan or any plan adopted by the City’s
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Transportation Advisory Board and City Commission which governs parking in the
downtown.
II.Land Transfer and Provision of Parking for Gallatin County. The Parties intend to
diligently cooperate to develop the parking facility and recognize a critical aspect of
developing the parking facility at the Courthouse is for the County to transfer the fee
ownership of the real property to the City. The City will then work to finance, design,
construct, and operate the parking facility. In consideration for the County transferring
the land to the City at no cost to the City, the City will ensure the parking facility
provides 75 (seventy five) reserved parking spaces for employees of Gallatin County.
These parking spaces will be at no cost to the County. In addition to the 75 parking
spaces for employees, the City will also provide the County no-cost vouchers for the use
by the public to access County services at the Courthouse.
The Parties also recognize the City may construct the parking facility to include
commercial or mixed use units along the street frontages of Mendenhall Avenue and
North Third Street; if so, the City may sell such commercial or mixed use units and use
the proceeds from the sale to offset costs of the parking facility. Should the City decide to
develop for sale commercial units the City will allow the County a right-of-first refusal
for purchase of one or more commercial for-sale units at market rates. The County’s right
of first refusal must be included in the land transfer agreement.
III.City Actions Prior to Transfer of Land. The Parties recognize the City must take several
actions prior to fully committing to develop a parking facility at the Courthouse. These
actions include but are not limited to:
a. Securing adequate and sufficient financing for the construction of the facility;
b. Reviewing a title report and environmental site assessment for the land;
c. Develop sufficient organizational capacity in its Parking Program to operate and
maintain the parking facility; and
d. Designing, engineering, and obtaining land use approval for the parking facility.
IV.Subsequent Actions.
a. The Parties agree that should the City complete the items in Section III, above,
and upon notice to the County, the County will work with the City to donate fee
simple title to the land to the City. The Parties recognize the details of such a
transfer of ownership must be addressed through a separate agreement and may
include items such as restrictions on use, reversion, sale of the real property and
others. In addition, the Parties recognize the details of the future use by the
County of the parking facility for its employees and customers as described in
Section II must be memorialized by a separate agreement.
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b. The City may take other actions such as surveying the property and conducting
due diligence on the feasibility of developing a parking facility on the property.
c. The City will take reasonable efforts to ensure the County maintains access to the
Courthouse building during construction. The City will assist the County in
addressing parking for employees who work at the Courthouse during
construction.
V.Miscellaneous.
a. The parties will make their respective employees and officials available to each
party for activities related to this Agreement.
b. The Parties shall not assign, transfer or subcontract any portion of this Agreement
without the express written consent of the other.
c. The parties agree to move in an efficient and expeditious manner toward
development of the parking facility.
d. The parties may mutually terminate this Agreement by written agreement at any
time. This Agreement will also terminate upon the occurrence of the City and
County entering into a subsequent agreement for the donation of the land and the
use by the County of parking within the facility.
e. This Agreement may be modified or amended, in writing, by agreement of the
Parties.
f. This Agreement and all subsequent agreements contemplated by the Parties is and
will be governed by the laws of the State of Montana.
g. Nothing contained in this Agreement shall be deemed or construed by either party
hereto or by any third party to create the relationship of principal and agent or
create any partnership, joint venture or any other association between the City and
the County.
#### End of Agreement Except for Signatures ####
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APPROVED FOR THE CITY APPROVED FOR THE COUNTY
Bozeman City Commission Gallatin County Commission
_____________________________________________________________
Mayor Chair
Date: ____________________, 20__Date: ____________________, 20__
ATTEST:
By ___________________________By ___________________________
City Clerk Gallatin County Clerk and Recorder
APPROVED AS TO FORM APPROVED AS TO FORM
By: _________________________By: __________________________
City Attorney Gallatin County Attorney
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EXHIBIT A
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Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Professional Affiliation Agreement with Bozeman Health for Educational
Experiences.
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize City Manager to sign Professional Affiliation Agreement
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The Bozeman Fire Department has maintained a Professional Affiliation
Agreement with Bozeman Health Deaconess Hospital since 2016 to allow fire
department personnel to complete training and necessary continuing
education hours in Bozeman Deaconess Hospital under the supervision of
appropriate hospital staff. The previous agreement has expired and this
agreement would renew the partnership to allow for continued training
opportunities for fire department personnel.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As recommended by Commission
FISCAL EFFECTS:None
Attachments:
BDH Affiliation Agreement.pdf
Report compiled on: September 5, 2022
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BOZEMAN DEACONESS HEALTH SERVICES
d/b/a BOZEMAN HEALTH
PROFESSIONALAFFILIATION AGREEMENT FOR
EDUCATIONAL EXPERIENCES WITH COMMUNITY AGENCIES
This AGREEMENT is entered into this _____ day of __________, 2022 by and between Bozeman
Deaconess Health Services, d/b/a Bozeman Health, a Montana nonprofit corporation, hereinafter
referred to as “BDHS” and Bozeman Fire Department, hereinafter referred to as “Agency” and
sets forth the intent of both parties to mutually cooperate in providing a healthcare professional
educational experience for “Professionals.” This Agreement shall be effective upon completion
of the following conditions: (1) the Agreement has been signed and submitted to BDHS by
Agency; (2) the professional has submitted a completed Professional Experience packet to BDHS’
Student Education Coordinator; and (3) BDHS has notified the professional in writing that his or
her experience packet has been approved.
WITNESSETH
WHEREAS, BDHS is an integrated health care delivery system in Bozeman, Montana, and BDHS
desires to assist professionals of the Agency by offering a healthcare practical experience for such
professionals;
WHEREAS, each participating professional of the Agency desires to have a practical educational
experience under the immediate supervision of a like BDHS Employee under the terms and
conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and
between BDHS and Agency;
I. AGENCY RESPONSIBILITIES
Agency shall:
1.1 Notify Student Education Coordinator eight (8) weeks in advance with the professional’s
contact information.
1.2 Schedule time with the Supervising BDHS employee to work with the professional under
his/her immediate supervision at BDHS. The agency/professional completes the
Education Packet with the name of the supervising BDHS employee and dates of
experience..
1.3 The Agency or professional shall arrange for each professional to be supervised by an
Employee of BDHS. The Employee shall be responsible for supervision of the
professional while at BDHS. Employee shall provide a statement indicating he/she will
be supervising professional during the specific dates of rotation. BDHS shall not be
responsible for arranging BDHS employee supervisors.
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1.4 Ensure each participating professional understands that his/her participation in any aspect
of a patient’s care is dependent upon the patient agreeing to have the Agency’s/non-BDHS
professional involved. Each professional further understands that he/she is only able to
participate in the care of patients who have given informed consent to said participation.
1.5 Require each Professional to wear BDHS guest ID badge during rotation identifying the
professional and his/her credentials at all times while at BDHS.
1.6 Require professionals to comply with all BDHS and, if applicable, Patient Care Provider
rules and regulations, and policies and procedures.
1.7 Ensure professionals will submit to BDHS the following documentation of immunizations
prior to beginning any work at BDHS:
a. Individuals born after 1956 are required to submit a copy of immunization record for
MMR documenting two doses of live measles vaccine given after fifteen months of
age at least 30 days apart; OR serologic evidence of immunity to Rubeola and a
laboratory result documenting a rubella titer of 1:10 (immune).
b. Professional must submit a copy of negative PPD skin test OR chest x-ray (current
within the previous 12 months), OR a physician’s statement indicating incapacity to
transmit TB (if chest x-ray is positive).
c. Professional will be working in areas or work conditions which place them at risk for
blood or body fluid exposure; therefore, must submit proof of three Hepatitis B
vaccines, serologic evidence of immunity, OR furnish a signed waiver for the Hepatitis
B vaccine.
d. Individuals who will be working within any BDHS facility during the influenza season
will be required to submit proof of influenza vaccination or wear an isolation mask
during work hours.
1.8 The Agency will submit to BDHS documentation of results from a comprehensive criminal
background check performed by the Agency for each professional, and documentation that
the professional is not excluded from and has not been sanctioned by a federal health
program. If the Agency has not provided, the professional must consent and process (a
criminal background check) through BDHS’ Website.
1.9 The Agency will instruct all professionals assigned to BDHS in the privacy and
confidentiality of (i) any HIPAA protected health information (ii) individual identifiable
information contained in or derived from patient records, or (iii) any information
concerning the business of BDHS that BDHS treats as proprietary or confidential. In
addition, professionals shall comply with BDHS privacy and confidentiality policies.
1.10 The Agency shall:
a. Designate a faculty member to coordinate with a designee of BDHS in planning the
Program for the professionals.
b. Designate the professionals who will be participating in the Program at BDHS facilities
in such numbers as are acceptable to BDHS.
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c. Be responsible for all supervision, evaluation, and discipline of professionals in the
program.
d. Maintain all personnel and competency records of professionals.
e. Send only such professionals who do not, to the Agency’s knowledge, have any type
of acute or chronic condition that would put the professional or any patient or BDHS
employee at risk.
f. Require professionals to conform to all applicable BDHS policies, procedures, and
regulations and to all additional requirements and restrictions agreed upon by
designees of Agency and BDHS. Professional will receive an Education Experience
packet to complete and must return the fully completed packet to the Student Education
Coordinator no later than two (2) weeks prior to the beginning of the education
experience. Failure to complete packet in a timely manner may prohibit participation
in a professional education experience at BDHS.
g. Comply with a request by BDHS to withdraw a professional from the Program within
(5) days of receipt of such notice. However, if professional’s performance endangers
the health and welfare of patients or employees of BDHS, Agency will withdraw the
professional immediately.
h. Notify professionals that they are responsible for:
1. Providing the necessary and appropriate uniforms which may be designated,
but not provided by BDHS;
2. Arranging for their own transportation and living accommodations;
3. Reporting to BDHS facilities at agreed times;
4. Retaining financial responsibility for emergency medical care received during
the Program;
5. Maintaining the confidentiality of patient information; and
6. Maintaining the confidentiality of proprietary information.
II. BDHS RESPONSIBILITIES
2.1 BDHS will provide the opportunity for professionals to participate in agreed upon services
provided by BDHS.
2.2 BDHS and Healthcare Providers will retain full responsibility for care of the patients and
will maintain administrative and professional supervision of professionals insofar as their
presence and program assignments affect the operation of BDHS and its care, direct and
indirect, of patients.
To the extent possible, BDHS will provide for the orientation of BDHS’ participating
professionals as to BDHS philosophies, rules, regulations, and policies of BDHS. As
applicable, attendance at such orientation will be required before any professional will be
permitted to participate in the program. Professional is given an Education Experience
packet which contains the BDHS Guidelines for Educational Experiences, PowerPoint,
HIPAA Privacy Agreement, Exam, and Checklist of required documents to be submitted.
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2.3 BDHS will limit access to professionals’ files and personal information and will maintain
files and personal information in confidence.
2.4 Upon request, BDHS will provide proof of liability insurance in an amount that is
customary to the community.
2.5 BDHS will provide written notification to the Agency promptly if a claim arises involving
a professional.
2.6 BDHS will resolve any situation in favor of its patients’ welfare and may restrict a
professional to the role of observer or, in its discretion, prohibit the professional from
participating in the program at BDHS when a problem may exist until the incident can be
resolved by the staff in charge of the professional or the professional is removed.
III. RELATIONSHIP OF THE PARTIES
3.1 The participating professionals are not entitled to any benefits provided by BDHS to its
employees, including, but not limited to, group health insurance, dental insurance,
unemployment insurance benefits, workers’ compensation and/or disability insurance.
3.2 BDHS is not responsible for any injuries to the professional while he/she is traveling to
and from BDHS or participating in the activities, which are the subject of this Agreement.
The professional will be responsible for any charges for medical care if they are not
covered under the professional’s personal health insurance. In no event shall BDHS be
responsible for providing workers’ compensation or liability coverage for the professionals
of the Agency.
3.3 The participating professionals are not entitled to any procedures afforded to Healthcare
Provider members or allied health professionals, or employees of BDHS, including,
without limitation, procedures set forth in the Healthcare Provider Bylaws and related
manuals or BDHS employment policies.
IV. LIABILITY AND INSURANCE
4.1 The professional shall, at his/her own costs and expense, or through the Agency, secure
and maintain in effect at all times during which this Agreement is in effect Professional
Liability Insurance coverage with limits of liability in an amount of not less than seven
hundred fifty thousand dollars per occurrence and one million five hundred thousand
dollars annual aggregate ($750k/$1.5m) and will provide evidence of such coverage upon
request.
4.2 Each party shall be responsible for its own acts and omissions.
V. INDEMNIFICATION
5.1 Agency agrees to indemnify and hold harmless (and at BDHS’ request, defend) BDHS and
all other persons or organizations cooperating in the conduct of the health care program
commonly known as Bozeman Deaconess Health Services including physicians and
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surgeons and each of their employees, agents and partners (all of which persons and
organizations are referred to herein collectively as “Indemnitees” or individually as
“Indemnitee”) from and against any and all claims, losses, damages, liability, costs,
expenses, judgements, or obligations whatever, for or in connection with any injury or
damage (including, but not limited to, death) to any person or property to the extent
resulting from the negligent acts or failure to act or willful misconduct of Agency, its
officers, partners, employees, agents or any professional receiving training under this
Agreement. The foregoing indemnity and hold harmless obligations include and apply
without limitation to injury or damages to Indemnitees, patients, third parties, or any or all
of them and their respective property, officers, partners, employees, or agents, regardless
of how such injury occurred or is suffered, notwithstanding any alleged contributory
negligence on the part of any Indemnitee.
VI. NONDISCRIMINATION
6.1 The parties agree that all professionals receiving training pursuant to this Agreement shall
be selected without discrimination on account of race, sex, color, religion, national origin,
age, physical or mental disability, veteran’s status, or sexual orientation. Agency
recognizes that as a government contractor BDHS is subject to various federal laws,
executive orders and regulations regarding equal opportunity and affirmative action that
may also be applicable to subcontractors. Agency, therefore, agrees that any and all
applicable equal opportunity and affirmative action clauses shall be incorporated herein as
required by federal laws, executive orders, and regulations, which include the following:
Executive Order 11246, as amended; the Vocational Rehabilitation Act of 1973, as
amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended;
Title 41, Part 60 of the Code of Federal Regulations; the Small Business Act, as amended;
Executive Order 11625; and the Federal Acquisition Regulation (FAR) at 48 CFR Chapter
1, Part 19, Subchapter D, and Part 52, Subchapter H.
VII. STATUS OF PARTIES
The parties expressly understand and agree that:
A. This agreement is not intended and shall not be construed to create the relationship of
agent, servant, employee, partnership, joint venture or association between Agency and
BDHS and their employees, partners, professionals or agents, but rather is an
agreement by and among independent contractors, those being in Agency and BDHS.
B. Agency’s professionals are present at the facilities only for educational purposes, and
such professionals are not to be considered employees or agents of BDHS for any
purpose including, but not limited to, compensation for services, employee welfare and
pension benefits, workers’ compensation insurance, or any other fringe benefits of
employment. Neither Agency nor any of Agency’s professionals, instructors,
employees or agents shall receive any compensation from BDHS.
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VIII. PUBLICITY
Neither Agency nor BDHS shall cause to be published or disseminated any advertising
materials, either printed or electronically transmitted, which identify either party or its
facilities with respect to the Program without the prior consent of the other.
IX. TERM AND TERMINATION
9.1 This Agreement may be reviewed on an annual basis. Unless otherwise terminated as
provided herein, this Agreement shall be effective until one or both members terminate the
Agreement upon fifteen (15) days’ written notice.
9.2 BDHS may terminate this Agreement immediately upon the occurrence of any of the
following by giving written notice to Agency and the Supervising Employee setting forth
the reason for termination:
a. Material Breach of this Agreement;
b. Actions or omissions of a professional that BDHS, in its sole discretion,
determines to jeopardize the health, safety or welfare of any of BDHS’s
patients;
c. Dishonesty, misrepresentation, or fraudulent conduct of a participating
professional;
d. Indictment of a participating professional on criminal charges or exclusion or
sanction of the professional by a federal health program;
e. Disruptive conduct that impairs, or threatens to impair, BDHS operations;
f. A participating professional’s loss of his/her Healthcare Provider sponsorship;
and
g. Tardiness or failure to attend required appointments or clinicals and not
communicating schedule changes with supervisor or Student Education
Coordinator.
In the event BDHS, in its discretion, requests that the Agency remove a professional(s)
who has engaged in the above conduct from the program, this Agreement shall not be
terminated if Agency promptly complies with this request.
9.3 This Agreement may be terminated at any time by either party for any cause or no cause
upon fifteen (15) days’ notice to the other party.
9.4 Termination of this Agreement by BDHS shall not give rise to any procedural rights under
the Bylaws of the Healthcare Providers of BDHS, the Healthcare Provider’s Fair Hearing
Plan, BDHS personnel policies or any other source whatever. Furthermore, participating
professionals shall have no claim or right of action against BDHS, its employees or agents,
or the Healthcare Providers as a result of any such termination.
9.5 All notices required under this Agreement shall be deemed to have been fully given when
made in writing and delivered by: (i) personal delivery; (ii) deposit in the United States
mail, postage prepaid, certified mail, return receipt requested; or (iii) overnight courier
service and addressed as follows:
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Student Education Coordinator
Education Department
Bozeman Health
915 Highland Boulevard
Bozeman, Montana 59715
With a copy to:
Steven Klein, System Director Legal Services
Bozeman Health
915 Highland Boulevard
Bozeman, Montana 59715
AGENCY CONTACT:
Josh Waldo, Fire Chief
Bozeman Fire Department
300 E. Oak St
Bozeman, MT 59715
X. ADDITIONAL DECLARATIONS
10.1 This Agreement cannot be changed or modified except by an instrument in writing
executed by both parties.
10.2 The headings of the various articles of this Agreement are inserted for convenience
and do not expressly or by implication limit, define or extend the specific terms of the
articles so designated.
10.3 This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Montana.
10.4 This Agreement, Professional’s Experience packet and Confidentiality Statement
signed by the Professional constitute the entire understanding and agreement between the
parties hereto and supersedes all prior agreements, arrangements and understandings
between the parties with respect to its subject matter.
10.5 This Agreement shall bind and inure to the benefit of BDHS and Agency, and their
authorized assigns. Neither patients, professionals, nor any other third parties are intended
as third party beneficiaries under this Agreement, and no action to enforce the terms of this
Agreement may be brought by any person who is not a party hereto.
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8
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED AND DELIVERED
this Agreement as of the day and year first written above.
BOZEMAN DEACONESS HEALTH SERVICS
d/b/a BOZEMAN HEALTH
BY:
DATE: ___________________________________
NAME: Kaitlin Drake, System Director of Education
EMAIL: kadrake@bozemanhealth.org
AGENCY: City of Bozeman
BY: _____
DATE: ____________________________________
NAME: Jeff Mihelich, City Manager
EMAIL: jmihelich@bozeman.net
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9
AMENDMENT #1 to PROFESSIONALAFFILIATION AGREEMENT FOR
EDUCATIONAL EXPERIENCES WITH COMMUNITY AGENCIES
This Amendment to the Provider-Level Education Student Affiliation Agreement
(“Agreement”) between Bozeman Health and Bozeman Fire Department, hereinafter
referred to as “Agency,” is effective as of the last date executed by either party.
WHEREAS, Bozeman Health and Agency entered into an Agreement dated July 19, 2022.
WHEREAS, Bozeman Health and Agency now desire to amend the Agreement.
NOW, THEREFORE, Bozeman Health and Agency agree as follows:
Student Credentialing Packet requirements:
Bozeman Health Student Request Form
Student Information Letter completed
Copy of Driver’s License or Passport
Immunization Record, including:
o Hepatitis B (not required but strongly recommended)
o MMR
o Varicella
o TB skin test - must be current within last 12 months and not expire
during Bozeman Health rotation
o Current influenza vaccination if rotation occurs any time between
October-April. If a declination form is submitted, the student must wear
a surgical mask within 6 feet of others.
o COVID vaccine (per CMS requirements) - If not fully vaccinated,
student must provide a medical or religious exemption form approved by
the school/college/program.
Signed Confidentiality Commitment
Signed Computer Access Security Agreement
Current American Heart Association (AHA) BLS CPR certification (if required
by preceptor)
Completion of Bozeman Health Orientation PowerPoint with Exam score of 85%
or greater
Bozeman Health Affiliation Agreement signed by all parties
Proof of Professional Liability Insurance with coverage amounts included
Comprehensive background check
Headshot photo for Bozeman Health I.D. badge
All Credentialing documentation is to be submitted to the Student Education
Coordinator no later than 30 days prior to the beginning of the rotation.
Student Credentialing Packet contains:
Bozeman Health Student Request Form
Student Information letter
Computer Access Security Agreement
Bozeman Health Orientation PowerPoint
Bozeman Health Orientation Exam
Confidentiality Commitment Form
Student Position Statement
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Instructions to obtain the comprehensive background check (if not provided by
school/college/program)
Bozeman Health Policies:
o Workforce General Obligations Regarding Uses and Disclosures of
Protected Health Information
o Disclosures to Family and Friends Involved With a Patient
o Social Media
o Personal Appearance
o 5 Moments for Hand Hygiene
o Bozeman Deaconess Campus & Parking Maps
IN WITNESS WHEREOF, Bozeman Health and Agency intending to be legally bound
have duly executed this Agreement as indicated by representatives’ initials below.
AGENCY: _________
BOZEMAN HEALTH: __________
22
Memorandum
REPORT TO:City Commission
FROM:Max Ziegler - Facilities Project Coordinator
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Mesa
Moving and Storage for Library Renovation Moving and Storage Services
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Mesa Moving and Storage for library renovation moving and storage
services.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Beginning in October 2022 the Bozeman Public Library will be undergoing a
major renovation, which will include reconfiguring internal spaces, replacing
worn flooring, expanding services and improving the user experience. To
support this construction effort, professional moving services are required.
The moving services needed include internal office and furniture moves,
furniture disposal, and the moving and temporary offsite storage of library
media. Mesa Moving was selected to provide these services based on their
response to a published Request for Proposals and competitive selection
process. Mesa was recently contracted by the City for moving services
related to the Bozeman Public Safety Center opening.
UNRESOLVED ISSUES:Insurance coverage limits for items in off site storage are being reviewed and
may be amended.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:This contract will incur expenses of $131,312.50 with a guaranteed
maximum price. The expenses related to this moving project will be funded
through the overall Library Renovation Project budget.
Attachments:
PSA - Library Renovation Moving and Storage Services.pdf
RFP -Library Renovation Moves - Compiled.pdf
Report compiled on: September 7, 2022
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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, Mesa Moving and Storage, 403 S Airport Blvd, Aurora,
CO 80017, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 1st day of June, 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. 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:
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
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
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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
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to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler – Facilities Project Coordinator, or such other individual as
City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be David Pitchford – Director of Commercial Services, 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
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direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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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
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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 January 1st, 2025.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
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By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
35
EXHIBIT A
36
David Pitchford
Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com
Pricing Proposal for:
Bozeman Public Library Renovation RFP
Project Name:
Bozeman Public Library Renovation
Quoted By:
37
Dear Max Ziegler
> A hassle-free transition
> Comprehensive process management by myself and the Mesa Commercial Team
> Effective and timely communication, including flexibility
> Ample resources and specialized equipment to complete your project on-time
Thank you!
Sincerely,
David Pitchford
David Pitchford
Director of Commercial Sales
P:
E:
9/9/2022
(303) 923-1284
dpitchford@mesamoving.com
Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com
Thank you for your interest in Mesa Moving & Storage. It is our pleasure to help coordinate the commercial services for your
upcoming project. We greatly appreciate the opportunity to submit the following proposal for your consideration.
We are confident that our proposal and plan address all of your needs and concerns, specifically:
Our goal is to exceed your expectations while providing the best service available. If any of your concerns have not been addressed in
this proposal, please let us know. Throughout our combined 40-years of experience with office moving we have had the opportunity
to help hundreds of companies accomplish their projects worry-free and within budget. We urge you to contact our references to
confirm our commitment to quality, reliability, and unwavering customer service.
After reviewing this proposal, we are confident you will conclude Mesa Moving & Storage is the best solution for your relocation. We
look forward to being a valuable member of your project team from planning through successful completion.
38
Bozeman Public Library Renovation
QUOTE DATE: 9/9/2022
Presented To
Max Ziegler
626 E. Main St.
Bozeman
Montana 0
Total
$131,262.50
Commercial Valuation Coverage (Base Included, Rate is for Recommended Coverage)$0.00
$50.00
$131,312.50
Contract price terms:Gauranteed
Total Per Hour
$75.00
$60.00
$55.00
$55.00
$52.00
$52.00
$40.00
$60.00
Add 150% Regular Rates
Add 200% Regular Rates
$75.00
$125.00
Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com
Date
Signature
Acceptance
Packer
Description
Commercial & Relocation Project
Total Estimated Cost
Warehouse Valuation Coverage
Passenger Van
Mover
Straight Truck
Tractor Trailer
Overtime Addition per person
Premium Addition per person
Energy Fee Per Vehicle (Per Day)
Project Manager
Supervisor
Driver
Installer/Computer Technician
Commercial Service Quote
Bozeman Public Library Renovation RFP
Move Estimate for Commercial Relocation/Warehouse Services
Labor & Key Equipment Rate Schedule
Description
39
Event Name Date of Event Start Time Origin Address Desitantion Address
Phase 1- Preparation/Material 9/26/2022 8am OA Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 16 Hrs. =$1,200.00
Driver 1 55.00$ Per Hr. X 4 Hrs. =$220.00
Movers/Packer 2 52.00$ Per Hr. X 4 Hrs. =$416.00
Straight Truck 4 40.00$ Per Hr. X 4 Hrs. =$640.00
Energy Fee 1 75.00$ Per Day X 1 Day = $75.00
Delivery and Pickup of Bookcarts 1 4,500.00$ flat Fee 6 Trip = $27,000.00
Storage Trailers 3 1,500.00$ per month 6 Flat = $27,000.00
Storage Trailers p/u-drop off 3 400.00$ 1 Trip = $1,200.00
Subtotal:$57,751.00
Materials Amount Qty
Autobottom (1.5 cu ft)200 2.50$ Each 200 =$500.00
Shrink Wrap 12 25.00$ Each 12 =$300.00
Monitor sleeve-(18"x23")25 2.25$ Each 25 =$56.25
Keyboard Bags 25 1.25$ Each 25 = $31.25
Builder Board ( 38"X 100')2 75.00$ Each 2 =$150.00
Equipment Amount Rate Days
Library Carts-per day 100 1.50$ Each 140 = $21,000.00
$22,037.50
$79,788.50
Quoted Price
Quoted Price
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Event Details
Material and Equipment: Bookcarts to be
delivered into Bozeman from SLC, Storage trailers to be positioned at our warehouse for use while loading library. Return of book carts to SLC. Packing material, building protection
40
Event Name Date of Event Start Time Origin Address Desitantion Address
Day 1- Begin loading books 10/17/2022 8am OA Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. = $720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
48" Wall Corrugate (250' roll)2 123.00$ Each 2 = $246.00
Builder Board ( 38"X 100')200 1.00$ Each 200 =$200.00
Painter's Tape 6 7.00$ Each 6 =$42.00
Equipment Amount Rate Days
$488.00
$5,560.00
Quoted Price
Event Details
Quoted Price
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Deliver bookcarts and begin loading books/Media, load carts and stage in storage trailer at Mesa Warehouse.
41
Event Name Date of Event Start Time Origin Address Desitantion Address
Day 2- Load books 10/18/2022 8am Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,072.00Event Total:
Event Details
Quoted Price
Quoted Price
Quoted Price
Materials & Equipment Subtotal:
Continue loading books onto carts and stage for storage
42
Event Name Date of Event Start Time Origin Address Desitantion Address
Day 3- Complete book loading 10/19/2022 8am Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,072.00
Quoted Price
Event Details
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Quoted Price
Complete book, media and dvd onto carts, stage to store.
43
Event Name Date of Event Start Time Origin Address Desitantion Address
Day 4- Internal move 9/29/2022 8am Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,072.00
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Quoted Price
Quoted Price
Event Details
Begin and complete internal office move within the library
44
Event Name Date of Event Start Time Origin Address Desitantion Address
Day 5 - Surplus Furniture 10/5/2022 8am Mesa BOZ
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. = $1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
landfill 2 350.00$ Each 2 =$700.00
Storage charges 6 150.00$ Months 0 =$900.00
Storage In/Out Fee 1 200.00$ Each 1 =$200.00
Equipment Amount Rate
Days
$1,800.00
$6,872.00
Quoted Price
Event Details
Quoted Price
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Remove surplus furniture, dispose or recycle. Pull selected furniture for storage at our warehouse
45
Event Name Date of Event Start Time Origin Address Destination Address
Phase 2 - Move Books Back 2/1/2023 8am Mesa BOZ OA
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. = $675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. = $540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,072.00
Quoted Price
Materials & Equipment Subtotal:
Event Total:
Event Details
Quoted Price
Quoted Price
Move books, media and DVD's back into the stacks
46
Event Name Date of Event Start Time Origin Address Desitantion Address
Phase 2- Continue Unload 2/2/2023 8am Mesa BOZ OA
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 2 Day = $300.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,222.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,222.00
Event Details
Quoted Price
Quoted Price
Quoted Price
Materials & Equipment Subtotal:
Event Total:
Deliver bookcarts, unload into shelves remove empty Carts
47
Event Name Date of Event Start Time Origin Address Desitantion Address
Phase 2 Continue and complete 2/3/2023 8am Mesa BOZ OA
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
Equipment Amount Rate Days
$0.00
$5,072.00
Quoted Price
Quoted Price
Quoted Price
Event Details
Materials & Equipment Subtotal:
Event Total:
Continue and complete Bookcart unload and remove equipment
48
Event Name Date of Event Start Time Origin Address Desitantion Address
Phase 2- Delivery/Internal move 3/31/2023 8am Mesa BOZ OA
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00
Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00
Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00
Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00
Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00
Energy Fee 2 75.00$ Per Day X 1 Day = $150.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$5,072.00
Materials Amount Qty
landfill 1 350.00$ Each 1 =$350.00
Equipment Amount Rate Days
$350.00
$5,422.00
Quoted Price
Materials & Equipment Subtotal:
Event Details
Quoted Price
Quoted Price
Event Total:
Deliver furniture out of storage, move within the buidling and set up, remove surplus furniture dispose and or recycle
49
Event Name Date of Event Start Time Origin Address Desitantion Address
Phase 3- Internal move/Surplus 2/5/2023 8am Mesa BOZ OA
1
Event Overview/Scope
Man Power/Vehicles Amount Qty/Hr/Day
Supervisor 1 60.00$ Per Hr. X 8 Hrs. =$480.00
Driver 1 55.00$ Per Hr. X 8 Hrs. =$440.00
Movers/Packer 3 52.00$ Per Hr. X 8 Hrs. =$1,248.00
Straight Truck 1 40.00$ Per Hr. X 8 Hrs. =$320.00
Energy Fee 1 75.00$ Per Day X 1 Day = $75.00
Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00
Subtotal:$2,688.00
Materials Amount Qty
landfill 1 350.00$ Each 1 =$350.00
Equipment Amount Rate Days
$350.00
$3,038.00
Materials & Equipment Subtotal:
Event Total:
Quoted Price
Quoted Price
Event Details
Internal move and setup, disposeor recycle of specified furniure.
Quoted Price
50
Transportation Valuation Storage/Warehouse Valuation
Minimum $20,000.00 Minimum $20,000.00
Declared Value Declared Value $200,000.00
$20,000.00 Declared High Value 200000
Deductible Levels Cost Per $1000 Costs
$0.00 $8.50 $0.00
$500.00 $5.00 $0.00
$1,000.00 $2.50 $0.00
High Value Deductible Levels Cost Per $1000 HV Costs
$0.00 $0.00 $8.50 $0.00
$0.00 $500.00 $5.00 $0.00
$0.00 $1,000.00 $2.50 $0.00
Deductible Levels Cost Per $1000 Costs
$0.00 $2.50 $500.00
$500.00 $1.50 $300.00
$1,000.00 $1.00 $200.00
OPTION 1
Select Declared Value Amt Deductable Level Cost Per $1000 Option 1 Cost Initial
$20,000.00 $0.00 $8.50 $0.00
$20,000.00 $500.00 $5.00 $0.00
$20,000.00 $1,000.00 $2.50 $0.00
OPTION 2
Select Declared High-Value Amt Deductable Level Cost Per $1000 Option 2 Cost Initial
$0.00 $0.00 $8.50 $0.00
$0.00 $500.00 $5.00 $0.00
$0.00 $1,000.00 $2.50 $0.00
OPTION 3
Select Option 3 Cost Initial
$0.00
STORAGE
Select Election Made Above Deductable Level Cost Per $1000 Option 2 Cost Initial
$0.00 $2.50 $50.00
$500.00 $1.50 $30.00
$1,000.00 $1.00 $20.00
$0.00 $2.50 $0.00
$500.00 $1.50 $0.00
$1,000.00 $1.00 $0.00
Option 3 N/A N/A $0.00
Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com
Minimum Declared Value $20,000.00.
Covered at $0.60 per lb per article
Storage Valuation
Storage Coverage: In the event cargo goes into storage, Option Selection above will follow cargo. Declared Value Amounts in Option 1 or Option 2 will remain the same and will be billed monthly.
All Assets Not Included on High-Value List
Covered at $0.60 per lb per article
Covered at $0.60 per lb per article
Covered at $0.60 per lb per article
Option 2
Option 1
Mesa’s liability is limited to a maximum of $0.60 per pound per article.StorageCovered at $0.60 per lb per article
Covered at $0.60 per lb per article TransportationCovered at $0.60 per lb per article
CARGO VALUATION OPTIONS: Transportation and Storage
Mesa Moving & Storage (Mesa) Basic Carrier’s Liability will automatically apply if Customer does not select optional coverage.
Basic Carrier’s Liability: This Option will automatically apply if Customer does not select optional coverage.
Basic Carrier's Liability
Mesa's liability is limited to $0.60 per pound per article
Transportation Valuation
All Assets Not Included on High-Value List
Covered at $0.60 per lb per article
Covered at $0.60 per lb per article
Covered at $0.60 per lb per article
Declared Replacement Value of Specific High-Value Assets’ Inventory List - combined with Basic Carrier’s Liability: Mesa’s maximum liability limited to the declared value per item on High-Value
Assets Inventory List only. Mesa’s liability of remaining cargo will be limited to Basic Carrier’s Liability of $0.60 per pound per article.
Declared Replacement Value: Mesa’s maximum liability limited to the declared value of cargo in its current used condition.
Minimum Declared Value $20,000.00.
Minimum Declared Value $20,000.00.
51
TERMS & CONDITIONS
Print Customer Name Date
Print Authorized Representative Name
Authorized Represntative Signature Date
Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com
All work will be completed in a professional manner according to standard industry practices. Customer’s representatives must be present at origin and
destination during the actual move and authorized to make changes to the scope of the move. Mesa Systems, Inc. d.b.a. Mesa Commercial Services (Mesa) is due
all monies as contracted unless termination of said contact is agreed to, in writing, by both parties. Any alterations or deviations from specifications listed in
Mesa’s proposal that involve extra labor, equipment, or additional time may result in an adjustment of the quoted price in the form of additional charges. Such
charges will be due and payable in accordance with the terms of payment listed in Terms & Conditions.
Unexpected Circumstances. There may be additional charges if the following conditions do not exist at both origin and destination facilities: (a) adequate light,
heat, air and power, and access to adequate parking; (b) exclusive and uninterrupted use of elevators and docks; (c) all loading and unloading areas are
accessible, and free of debris or any other impediments to moving, and (d) construction, renovation, decorating and other work is complete or at a status that
will not impede the move.
Price. The cost for moving and storage services include all time, labor, material, and equipment as listed in the Mesa Proposal. Any deviations from the
specifications, sequence, or scheduling of the move will result in a change order and an adjusted price. In addition, any costs for change orders, Alternative
Measures and Unexpected Circumstances during the move will be included in the final invoice.
Delays. Situations beyond the reasonable control of Mesa, such as but not limited to traffic or roadwork, weather conditions, accidents, riots, strikes,
malfunction/non-functioning on-site Customer or building equipment, acts of God, government regulations or other causes and acts of force majeure, may cause
a delay in services. In the event of any such unforeseen encounter, the duration of the move period may be correspondingly extended. Mesa will not be
responsible or liable to Customer for any loss or damage to Customer including loss of income and/or profits, incidental, special or consequential damages
resulting solely from the move being delayed as the result of unforeseen circumstances beyond Mesa’s control. Customer will be responsible for paying the
actual time, labor, material, and equipment used for the move, regardless of unforeseen delays beyond Mesa’s control.
Cancellation. Cancellation, or any changes, must be made at least 48-hours prior to the move. Should a crew be dispatched due to the lack of notice, the
customer will be charged according to the hourly rate of the crew multiplied by 4-hours.
Payment Terms. If credit approved, payment is due in full 30-days from date of invoice unless otherwise specified. If paying by credit card there will be a 3%
convenience fee applied to the total invoice for payment. If credit terms are not established, Customer shall pay Mesa’s estimated costs plus 10% no later than 1-
day prior to the Planned Move Date and shall pay Mesa for Alternative Measures, Unexpected Circumstances, or Change Orders no later than 3-days after the
conclusion of the move.
Non-Payment/Collection. Invoices outstanding for more than 30 days will bear interest at the rate of 1½ percent per month (18% APR) on the unpaid balance. If
legal counsel is retained to collect monies owed by Customer, Customer shall pay to Mesa reasonable costs of collection, attorneys’ fees, and court costs
incurred.
Miscellaneous. The Agreement (a) includes these Terms and Conditions and the duly executed Mesa Proposal, Bills of Lading and Change Orders; (b) embodies
the entire agreement between the parties pertaining to the subject matter hereof and any additions or modifications to this Agreement must be in writing signed
by both parties; (c) supersedes all verbal, written and electronic representations, understandings and agreements; and (d) shall be construed as severable, so the
invalidity of any provision shall not affect the validity of any other provisions. The parties shall submit to the laws and jurisdiction of Colorado courts for any
lawsuit arising out of or related to this agreement regarding any stored or handled items and shall waive the right to a jury trial. The prevailing party shall be
entitled to reimbursement of its costs and reasonable attorney’s fees. In the event Customer fails to pay amounts owed to Mesa under this Agreement, Mesa
shall be entitled to recover from Customer reasonable attorneys’ fees and costs Mesa incurs in enforcing the provisions of this Agreement.
Signature Required Prior to Execution of Services
Alternative Measures. There may be additional charges if any item must be moved using Alternative Measures (such as elevator top-rides, use of lift, or removal
of windows) due to the characteristics of said item (size, weight, or building characteristics).
Protection from Damage/Claims. Mesa shall not be held liable for loss, damage, or destruction of items such as but not limited to (a) unsecured high-value
negotiable items; (b) electronic equipment improperly prepared to move by manufacturer; (c) electronic equipment with no exterior physical damage; (d) objects
not movable by standard moving methods; (e) origin/destination building if elevator is not available and/or space during the move is shared with other
contractors or building management. Claims for loss or damage must be made in writing within 30-days of move completion or Customer waives the right to any
claims. Mesa shall not be liable for any indirect, consequential, special incidental, or punitive damages, including but not limited to loss of use, delay, or lost
profits.
52
Page 1 of 55
REQUEST FOR PROPOSALS (RFP)
BOZEMAN PUBLIC LIBRARY RENOVATION
MOVING AND STORAGE SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
JULY 2022
53
2
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualified firms
to provide professional moving and storage services for the upcoming Bozeman Public Library
Renovation project.
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFP title,
company name and due date/time. File sizes greater than 25MB in size may be uploaded to
bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the
respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is
separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by 8/18/2022 at 3:00 PM MST. It is the sole responsibility
of the proposing party to ensure that proposals are received prior to the closing time as late
submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
54
3
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Max Ziegler, Facilities Project Coordinator,
(406) 582-2439, wziegler@bozeman.net.
DATED at Bozeman, Montana, this July 31, 2022.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, July 31, 2022
Sunday, August 7, 2022
55
4
I. INTRODUCTION
The City of Bozeman is seeking proposals from qualified firms to provide and manage professional
moving and storage services to for the renovation of the Bozeman Public Library.
The Owner intends to enter into a contract with the selected firm that will include:
• Management of moving services
• Relocation of office furniture, equipment, and various large items within the building
• Removal and temporary off-site storage of Library Media and furniture
• Disposal or liquidation of various office furniture
• Provision of all personnel, vehicles, materials, and equipment as required
• Provision of temporary storage or staging areas as required
• Preparation and protection of facilities to prevent incidental damage during move
Respondents are encouraged to schedule a pre-bid walkthrough of the facilities to be moved.
To schedule a walkthrough, please contact Max Ziegler at wziegler@bozeman.net or (406) 582-
2439.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
The City of Bozeman is seeking proposals from qualified professional moving services firms in
accordance with the Scope of Services detailed in the next section.
The City of Bozeman is currently preparing to renovate the Bozeman Public Library at 626 E
Main St., Bozeman, MT 59715. This renovation, lead by Martel Construction, will include
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changing the use and floorplan of several rooms, reconfiguration and replacement of furniture,
and the replacement of fixtures and finishes. This project will be split into two phases. Phase 1
is expected to begin 9/29/2022 and run through 3/27/2023. Phase 2 is expected to begin
3/28/2023 and reach completion by 10/27/2023.
Three separate moves are anticipated for this project, with the first in advance of Phase 1, the
second at the completion of Phase 1, and the third at the completion of Phase 2.
These moves will include the disposal of furniture, moving of furniture within the building,
moving and temporary off site storage of library media, and off site storage of furniture.
The Library will remain open to the public during the renovation project, with the exception of
areas actively under construction.
Floorplans, furniture lists, and phasing plans are attached to this Request for Proposals as
Appendix D and E. Additionally, an Excel Spreadsheet detailing furniture moves can be found in
the same location as this RFP.
III. SCOPE OF SERVICES
Move 1: Start of Phase 1 - ~ 9/29/2022
• Load out of shelved Library Media – Approx. 3,060 linear feet of shelved media,
including books, Audio/Visual Media, and DVD’s.
• Off-site storage of Library Media for the duration of Phase 1.
• Disposal of furniture
o 151 Stackable Chairs
o 22 Folding Tables
o 62 Desks or Tables
o 32 Chairs
o 8 Cabinets / Displays
• Furniture moves within building #
o 90 Chairs
o 33 Desks or Tables
o 12 Cabinets / Displays
o 9 Floor Lamps
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• Off-site storage of furniture - Phase 1 Only
o 28 Chairs
o 12 Nesting Chairs
o 5 Coffee Tables
Move 2: End of Phase 1 / Start of Phase 2 ~ 3/27/2023
• Load in stored Library Media – place on shelves under direction of librarians
• Load in stored furniture from Phase 1
• Disposal of furniture
o 31 Chairs
o 18 Desks or Tables
o 11 Cabinets / Displays
• Furniture moves within building
o 15 Chairs
o 22 Desks or Tables
o 19 Cabinets / Displays
Move 3: End of Phase 2 ~ 10/27/2023
• Disposal of furniture
o 13 Chairs
o 2 Desks
• Furniture moves within building
o 11 Chairs
o 16 Desks or Tables
o 14 Cabinets / Displays
Moving Services are to include:
• Packing, protection, and moving of library and office furniture, equipment, and
media
• Provision of all required personnel, vehicles, materials and equipment needed for
move
• Disposal or liquidation of furniture. The City of Bozeman requests that the moving
contractor use the City of Bozeman Solid Waste Division disposal services wherever
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possible for disposal and recycling. It is expected that items disposed of are to be
recycled when possible.
• Preparation and protection of facilities where move is occurring to prevent damage
to buildings.
The City may require additional items or services of a similar nature, but not specifically listed
above. The Contractor agrees to provide such items or services and shall provide the City prices
on such additional items or services based upon a formula or method that is the same or similar
to that used in establishing the prices in the proposal. The City of Bozeman reserves the right to
services listed in the Scope of Services from other vendors at its sole discretion.
Contingencies:
As the scheduling of move dates is subject to the progress of construction, the start date of
each move may be subject to change due to delays in construction schedules.
The Library is currently attempting to donate some of the furniture currently slated for disposal
to other libraries in Montana. If furniture is successfully donated, it will be removed from the
scope of this project and will be moved by the recipient.
Delivery of new furniture may accelerate the disposal schedule of existing furniture.
Insurance:
Respondents will be required to provide proof of insurance to the following levels:
• 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.
IV. PROPOSAL REQUIREMENTS
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Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
a) Executive Summary
• Please include general information about the firm, such as: description of services
offered, total years in business, number of employees, office locations, basic
qualifications and name, phone number and email for authorized contact concerning
the proposal.
• Each proposal should be accompanied by an executive summary not exceeding two
pages which summarizes key points of the proposal and which is signed by an officer
of the firm who is responsible for committing the firm’s resources.
b) Firm/Individual Profile
• Provide the name of the project manager who will oversee this project, their
relevant experience and the role they will play.
• Present and projected workloads.
c) Scope of Project / Description of Proposed Solution
• Provide a description of your proposed solution and an outline detailing your
approach and concept for accomplishing this project.
• List resources and equipment firm will employ on this project.
• Include timelines for the project start to finish.
• Address any time or commitments you see City personnel needing to provide.
• Provide alternative timelines or solutions as applicable.
• Explain how you will handle the tasks requested in the various sections of the RFP,
including:
o Packing and protection of property to be moved or stored
o Storage location of Library Media and furniture
o Method for disposal and or liquidation of furniture
• The City will provide detailed directions to the selected vendor to finalize the plan
for implementing the project.
d) Related Experience with Projects Similar to the Scope of Services
• Provide a list of a minimum of three (3) similar and relevant projects, together with
information on the project scope, common issues and services provided.
• Provide details on the amount of time needed to complete the projects.
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e) References
• Provide client references, including names, titles, addresses, telephone and email
addresses for at least three (3) clients for which you performed similar services.
f) Recent and Current Work for the City of Bozeman
• Describe any recent or current work contractor has provided for the City of Bozeman
g) Price Proposal
• Provide an overall budget
• Describe your preferred fee structure rates
• Describe factors significant to determining project budget
h) Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Sunday, July 31, 2022
Sunday, August 7, 2022
Deadline for receipt of proposals Thursday, August 18, 2022
Evaluation of proposals Monday, August 22, 2022
Notice of Interviews (if necessary) Tuesday, August 23, 2022
Interviews (if necessary) Thursday, August 25, 2022
Selection of Consultants Friday, August 26, 2022
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by August 18, 2022 at 3:00 PM
MST. It is the sole responsibility of the proposing party to ensure that proposals are received
prior to the closing time as late submittals will not be accepted and will be returned unopened.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
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Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is on Monday, August 15, 2022 at 3:00 PM
MST.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Max Ziegler, Facilities Project
Coordinator, wziegler@bozeman.net, (406) 582-2439.
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
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IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [5 points] Executive Summary and Firm Profile
• [20 points] Qualifications of the Firm for Scope of Services
• [20 points] Proposed Solution and Timeline
• [20 points] Relevant Experience and Demonstrated Results
• [35 points] Price Proposal
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment B.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
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C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
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and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
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Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
Appendix C: Montana Prevailing Wage Rates
Appendix D: Floorplan / Furniture Layouts
Appendix E: Furniture Descriptions
Appendix F: Construction Phasing
Appendix G: Construction Schedule
END OF RFP
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Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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Appendix B
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, ____________, _______________,
hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually
as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with
this Agreement.
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3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement,
the Scope of 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.
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Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall
be paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage
Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly
basis. Violation of the requirements set forth in the above State of Montana schedule of
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA.
Contractor shall maintain payroll records during the term of this Agreement and for a period of
three (3) years following termination of this Agreement.
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The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is
responsible, is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of
any type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without
expectation of reimbursement from City, to alleviate or resolve all such labor problems or
disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action. Contractor
shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated
with such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
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For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights
of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any
way connected with or incident to the performance of this Agreement except “responsibility for
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City.
Contractor shall furnish to the City an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. Contractor shall notify City within two (2) business days of
Contractor’s receipt of notice that any required insurance coverage will be terminated or
Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the
City, make it advisable to the City to cease performance under this Agreement, the City
may terminate this Agreement by written notice to Contractor (“Notice of Termination
for City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance
under this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do
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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 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 _________________ or such other individual as City shall designate
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in writing. Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be directed
to the City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
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.
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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). 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
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drugs, by any employee or agent engaged in services to the City under this Agreement while on
City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such
compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's
employees and agents in proper and specified work methods and procedures. The Contractor
shall provide continuous inspection and supervision of the work performed. The Contractor is
responsible for instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with
the requirements of this Agreement. Contractor shall allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose of
verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Contractor shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
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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.
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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 __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 ____________________________________
XV. CONTRACTOR (TYPE NAME ABOVE)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
___________________________
Print Title:
____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Appendix C
MONTANA
PREVAILING WAGE RATES FOR NONCONSTRUCTION SERVICES 2021
Effective: January 1, 2021
Steve Bullock, Governor
State of Montana
Brenda Nordlund, Acting
Commissioner Department of Labor &
Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and
payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact:
Employment Relations Division
Montana Department of Labor and Industry
P. O. Box 201503
Helena, MT 59620-1503
Phone 406-444-6543
The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our
best to provide information in an accessible format, upon request, in compliance with the Americans with
Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-
402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the
occupations listed in this publication.
The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq.,
MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel
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allowance, zone pay and per diem applicable to the district in which the work is being performed as provided
in the attached wage determinations.
All Montana Prevailing Wage Rates are available on the Internet at www.mtwagehourbopa.com or by
contacting the department at (406) 444-6543.
In addition, this publication provides general information concerning compliance with Montana’s Prevailing
Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works
contracts and payment of prevailing wage rates, please consult the regulations on the internet at
www.mtwagehourbopa.com or contact the department at (406) 444-6543.
BRENDA NORDLUND
Acting Commissioner
Department of Labor and Industry
State of Montana
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication
…………………………………………………………………………………………………………….………………………………..
2
B. Definition of Nonconstruction Services
………………………………………………………………………………....................................... 2 C. Definition of Public
Works Contract .…………………………………………………………………………………........................................ 3
D. Prevailing Wage Schedule
…………………………………………………………………………………………………………………………….……. 3 E. Rates to Use for
Projects ………………………………………………………………………………………………………………………………….….. 3 F. Wage
Rate Adjustments for Multiyear Contracts ………………………………………………………………………………………………….. 3
G. Fringe Benefits
……………………………………………………………………………………………………………………………………………………. 3 H.
Prevailing Wage Districts
……………………………………………………………………………………………………………………….…………….. 4 I. Dispatch City
……………………………………………………………………………………………………………………………………………………….. 4 J.
Zone Pay
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……………………………………………………………………………………………………………………………………………..…………….. 4 K.
Computing Travel Benefits
……………………………………………………………………………………………………………….…………………. 4 L. Per Diem
………………………………………………………………………………………………………………………………………………..………….. 5 M.
Apprentices
…………………………………………………………………………………………………………………………………………………………. 5 N.
Posting Notice of Prevailing Wages
…………………………………………………………………………………………………………..…………. 5
O. Employment Preference
……………………………………………………………………………………………............................................... 5
P. Occupations Definitions
.......................................................................................................................................................... 5
Q. Nonconstruction Services Occupations
………………………………………………………………………………....................................... 5
Wage Rates:
Maintenance of Publicly Owned Buildings and Facilities
………………………………………………………….........................................
8
Custodial or Security Services for Publicly Owned Buildings and Facilities
............................................................................
9
Grounds Maintenance for Publicly Owned Property
…………………………………………………………………………………………………….
9
Operation of Public Drinking Water Supply, Waste Collection and Waste Disposal Systems
………….……………………………
12
Law Enforcement, Including Correction and Detention Officers
…………………………………………………….……............................
13
Fire Protection
…………………………………………………………………………………………………………………………………………………………. 13
Public or School Transportation Driving
…………………………………………………………………………………………………..…………………. 14 Nursing, Nurse’s Aid
Services, and Medical Laboratory Technician Services …………………………………………..………………. 14
Material and Mail Handling
………………………………………………………………………………………………………………………….…………….
17
Food Service and Cooking
……………………………………………………………………………………………………………………………….……….
17
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Motor Vehicle and Construction Equipment Repair and Servicing
………………………………………………………............................
17
Appliance and Office Machine Repair and Servicing
…………………………………………………………………………………………………..
18
A. Date of Publication January 4, 2021
XVI. B. DEFINITION OF NONCONSTRUCTION SERVICES OCCUPATIONS
Section 18-2-401(9)(a)-(9)(l), MCA defines “nonconstruction services” as “…work performed by an individual,
not including management, office, or clerical work, for:
(a) the maintenance of publicly owned buildings and facilities, including public highways, roads,
streets, and alleys; (b) custodial or security services for publicly owned buildings and facilities;
(c) grounds maintenance for publicly owned property;
(d) the operation of public drinking water supply, waste collection, and waste disposal
systems; (e) law enforcement, including janitors and prison guards;
(f) fire protection;
(g) public or school transportation driving;
(h) nursing, nurse’s aid services, and medical laboratory technician services;
(i) material and mail handling;
(j) food service and cooking;
(k) motor vehicle and construction equipment repair and servicing; and
(l) appliance and office machine repair and servicing.”
i) C. Definition of Public Works Contract
Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let
by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by
the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of
$25,000…”
j) D. Prevailing Wage Schedule
This publication covers only Nonconstruction Service occupations and rates. These rates will remain in effect
until superseded by a more current publication. Current prevailing wage rate schedules for Heavy, Highway,
and Building Construction occupations can be found on the Internet at www.mtwagehourbopa.com or by
contacting the department at (406) 444-6543.
XVII. E. RATES TO USE FOR PROJECTS
ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in
effect at the time the bid specifications are advertised.”
XVIII. F. WAGE RATE ADJUSTMENTS FOR MULTIYEAR CONTRACTS
Section 18-2-417, MCA states:
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“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to
fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing
rate of wages to be paid to the workers performing the contract.
(2) The standard prevailing rate of wages paid to workers under a contract subject to this section must
be adjusted 12 months after the date of the award of the public works contract. The amount of the
adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the
term of the contract.
(3) Any increase in the standard rate of prevailing wages for workers under this section is the sole
responsibility of the contractor and any subcontractors and not the contracting agency.”
XIX. G. FRINGE BENEFITS
Section 18-2-412, MCA states:
“(1) To fulfill the obligation...a contractor or subcontractor may:
(a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard
prevailing rate of wages directly to the worker or employee in cash;
(b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,
plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or
that is a bona fide program approved by the U. S. department of labor; or
(c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that
the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including
fringe benefits and travel allowances, applicable to the district for the particular type of work being
performed.
(2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers
or employees for health care, pensions on retirement or death, life insurance, disability and sickness
insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security
Act of 1974 or that are approved by the U. S. department of labor.”
Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are
not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively
bargained agreement in effect that specifies otherwise.
XX. H. PREVAILING WAGE DISTRICTS
Montana counties are aggregated into 4 districts for the purpose of prevailing wage. The prevailing wage
districts are composed of the following counties:
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k) I. Dispatch City
ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is
closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula.” A
dispatch city shall be considered the point of origin only for jobs within the counties identified in that district
(as shown below):
District 1 – Kalispell and Missoula: includes Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and
Sanders;
District 2 – Butte and Helena: includes Beaverhead, Broadwater, Deer Lodge, Glacier, Granite,
Jefferson, Lewis and Clark, Liberty, Madison, Pondera, Powell, Silver Bow, Teton, and Toole;
District 3 – Bozeman and Great Falls: includes Blaine, Cascade, Chouteau, Fergus, Gallatin, Golden
Valley, Hill, Judith Basin, Meagher, Park, Petroleum, Phillips, Sweet Grass, and Wheatland;
District 4 – Billings: includes Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield,
McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater,
Treasure, Valley, Wibaux, and Yellowstone.
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XXI. J. ZONE PAY
Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay;
the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone
pay must be determined by measuring the road miles one way over the shortest practical maintained route
from the dispatch city to the center of the job.” See section I above for a list of dispatch cities.
XXII. K. COMPUTING TRAVEL BENEFITS
ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for
travel both to and from the job site, except those with special provisions listed under the classification. The
rate is determined by measuring the road miles one direction over the shortest practical maintained route
from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section I
above for a list of dispatch cities.
l) L. Per Diem
ARM, 24.17.103(18), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses.
Per diem is paid when an employee is required to work at a location outside the daily commuting distance
and is required to stay at that location overnight or longer.”
m) M. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in
those programs. Additionally, section 18-2-416(2), MCA states “…The full amount of any applicable fringe
benefits must be paid to the apprentice while the apprentice is working on the public works contract.”
Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate
journey level prevailing wage rate when working on a public works contract.
XXIII. N. POSTING NOTICE OF PREVAILING WAGES
Section 18-2-406, MCA provides that contractors, subcontractors and employers who are “…performing work
or providing construction services under public works contracts, as provided in this part, shall post in a
prominent and accessible site on the project or staging area, not later than the first day of work and
continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be
paid to the employees.”
XXIV. O. EMPLOYMENT PREFERENCE
Sections 18-2-403 and 18-2-409, MCA requires contractors to give preference to the employment of bona
fide Montana residents in the performance of work on public works contracts.
XXV. P. OCCUPATIONS DEFINITIONS
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
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http://www.bls.gov/oes/current/oes_stru.htm
XXVI. Q. NONCONSTRUCTION SERVICES OCCUPATIONS
MAINTENANCE OF PUBLICLY OWNED BUILDINGS AND FACILITIES
ELEVATOR REPAIRERS
MAINTENANCE AND REPAIR WORKERS (GENERAL)
STATIONARY ENGINEERS AND BOILER OPERATORS
CUSTODIAL OR SECURITY SERVICES FOR PUBLICLY OWNED BUILDINGS AND FACILITIES
ENVIRONMENTAL SERVICES WORKERS
JANITORS AND CLEANERS
PARKING ENFORCEMENT WORKERS PARKING LOT ATTENDANTS
SECURITY AND FIRE ALARM SYSTEMS REPAIRERS
SECURITY GUARDS
GROUNDS MAINTENANCE FOR PUBLICLY OWNED PROPERTY
FALLERS
FOREST AND CONSERVATION TECHNICIANS FOREST AND CONSERVATION WORKERS
FOREST EQUIPMENT OPERATORS
LANDSCAPING AND GROUNDSKEEPING WORKERS
MATERIAL MOVING WORKRS (ALL OTHER)
MEDIUM TRUCK DRIVERS
PEST CONTROL WORKERS
PESTICIDE HANDLERS, SPRAYERS, AND APPLICATORS (VEGETATION)
TREE TRIMMERS AND PRUNERS (RIGHT AWAY)
XXVII. OPERATION OF PUBLIC DRINKING WATER SUPPLY,
WASTE COLLECTION, AND WASTE DISPOSAL
SYSTEMS
HEAVY AND TRACTOR TRAILER TRUCK DRIVERS LANDFILL ATTENDANTS AND EQUIPMENT OPERATORS
RECYCLING AND RECLAMATION WORKERS
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REFUSE AND RECYCLABLE MATERIALS COLLECTORS
WATER AND WASTEWATER TREATMENT PLANT AND SYSTEM OPERATORS
XXVIII. LAW ENFORCEMENT, INCLUDING CORRECTION AND
DETENTION OFFICERS
CORRECTION AND DETENTION OFFICERS
POLICE, FIRE, AND DISPATCHERS
PROBATION OFFICERS AND CORRECTIONAL TREATMENT SPECIALISTS
FIRE PROTECTION
FIRE EXTINGUISHER REPAIRERS
FOREST FIREFIGHTERS
XXIX. PUBLIC OR SCHOOL TRANSPORTATION DRIVING
BUS DRIVERS (SCHOOL OR SPECIAL CLIENT)
BUS DRIVERS (TRANSIST AND INTERCITY)
LIGHT TRUCK OR DELIVERY SERVICES DRIVERS (INCLUDES VAN DRIVERS)
NURSING, NURSE’S AID SERVICES, AND MEDICAL LABORATORY TECHNICIAN
SERVICES
BREATH ALCOHOL TECHNICIANS
EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
HOME HEALTH AIDES
LICENSED PRACTICAL NURSES
MEDICAL AND CLINICAL LABORATORY TECHNICIANS MEDICAL AND CLINICAL LABORATORY TECHNOLOGISTS
MEDICAL ASSISTANTS
NURSE PRACTITIONERS
NURSING ASSISTANTS
ORDERLIES
PERSONAL CARE AIDES
PHYSICIANS ASSISTANTS
REGISTERED NURSES
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MATERIAL AND MAIL HANDLING
FREIGHT, STOCK, AND MATERIAL HANDLERS
FOOD SERVICE AND COOKING
COOKS (INSTITUTION AND CAFETERIA)
FOOD PREPARATION AND SERVING RELATED WORKERS
MOTOR VEHICLE AND CONSTRUCTION EQUIPMENT REPAIR AND SERVICING
AUTOMOTIVE SERVICE TECHNICIANS AND MECHANICS
BUS AND TRUCK MECHANICS AND DIESEL ENGINE SPECIALISTS
CONSTRUCTION EQUIPMENT MECHANICS
XXX. APPLIANCE AND OFFICE MACHINE REPAIR AND
SERVICING
APPLIANCE MECHANICS
COMPUTER, AUTOMATED TELLER, AND OFFICE MACHINE REPAIRERS
COMPUTER USER SUPPORT SPECIALISTS
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WAGE RATES
XXXI. MAINTENANCE OF PUBLICLY OWNED BUILDINGS AND FACILITIES
n) ELEVATOR REPAIRERS
Wage Benefit
District 1 $55.86 $39.74
District 2 $55.86 $39.74
District 3 $55.86 $39.74
District 4 $55.86 $39.74
↑ Back to Table of Contents
o) MAINTENANCE AND REPAIR WORKERS (GENERAL)
Wage Benefit
District 1 $18.82 $ 5.74
District 2 $20.24 $ 9.26
District 3 $19.56 $ 8.74
District 4 $19.44 $ 6.08
↑ Back to Table of Contents
p) STATIONARY ENGINEERS AND BOILER OPERATORS
Wage Benefit
District 1 $2518 $11.15
District 2 $19.97 $11.91
District 3 $19.05 $12.38
District 4 $21.93 $ 8.03
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↑ Back to Table of Contents
Travel:
All Districts
0-15 mi. free zone
>15-25 mi. $44.73/day
>25-35 mi. $89.46/day
>35 mi. $84.90/day or cost of receipts for hotel and
meals, whichever is greater.
XXXII. CUSTODIAL OR SECURITY SERVICES FOR PUBLICLY OWNED BUILDINGS AND FACILITIES
q) ENVIRONMENTAL SERVICES WORKERS
Wage Benefit
District 1 $12.73 $3.82
District 2 $13.12 $4.69
District 3 $13.97 $6.67
District 4 $12.89 $3.55
↑ Back to Table of Contents
r) JANITORS AND CLEANERS
Wage Benefit
District 1 $14.98 $4.63
District 2 $12.49 $6.32
District 3 $16.09 $6.73
District 4 $14.70 $6.50
↑ Back to Table of Contents
s) PARKING ENFORCEMENT WORKERS
Wage Benefit
District 1 $14.83 $6.16
District 2 $14.83 $6.08
District 3 $15.60 $6.33
District 4 $15.60 $6.33
↑ Back to Table of Contents
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t) PARKING LOT ATTENDANTS
Wage Benefit
District 1 $14.53 $5.46
District 2 $14.53 $5.46
District 3 $14.53 $5.46
District 4 $14.53 $5.46
↑ Back to Table of Contents
u) SECURITY AND FIRE ALARM SYSTEMS REPAIRERS
No Rate Established
↑ Back to Table of Contents
v) SECURITY GUARDS
Wage Benefit
District 1 $10.00 $0.00
District 2 $11.62 $0.00
District 3 $11.62 $0.00
District 4 $11.62 $0.00
↑ Back to Table of Contents
XXXIII.GROUNDS MAINTENANCE FOR PUBLICLY OWNED PROPERTY
w) FALLERS
No Rate Established
↑ Back to Table of Contents
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x) FOREST AND CONSERVATION TECHNICIANS
Wage Benefit
District 1 $18.75 $0.70
District 2 $18.75 $0.70
District 3 $18.75 $0.70
District 4 $18.75 $0.70
↑ Back to Table of Contents
y) FOREST AND CONSERVATION WORKERS
Wage Benefit
District 1 $16.39 $0.00
District 2 $16.39 $0.00
District 3 $16.39 $0.00
District 4 $16.39 $0.00
↑ Back to Table of Contents
z) FOREST EQUIPMENT OPERATORS
Wage Benefit
District 1 $16.81 $0.00
District 2 $16.81 $0.00
District 3 $16.81 $0.00
District 4 $16.81 $0.00
↑ Back to Table of Contents
aa) LANDSCAPING AND GROUNDSKEEPING WORKERS
Wage Benefit
District 1 $17.07 $7.01
District 2 $16.47 $7.05
District 3 $16.45 $9.23
95
44
District 4 $16.47 $7.02
Duties Include:
Shovel snow from walks, driveways, or parking lots and spread salt in those areas. Grounds maintenance of cemeteries.
↑ Back to Table of Contents
bb) MATERIAL MOVING WORKERS (ALL OTHER)
Wage Benefit
District 1 $22.13 $8.42
District 2 $22.13 $8.43
District 3 $22.13 $8.43
District 4 $22.13 $8.43
↑ Back to Table of Contents
cc) MEDIUM TRUCK DRIVERS
Wage Benefit
District 1 $22.83 $8.48
District 2 $21.96 $8.09
District 3 $21.96 $8.09
District 4 $21.96 $8.09
↑ Back to Table of Contents
dd) PEST CONTROL WORKERS
Wage Benefit
District 1 $16.40 $0.00
District 2 $16.49 $0.00
District 3 $16.49 $0.00
District 4 $16.49 $0.00
↑ Back to Table of Contents
96
45
ee) PESTICIDE HANDLERS, SPRAYERS, AND APPLICATORS (VEGETATION)
Wage Benefit
District 1 $16.26 $3.69
District 2 $16.91 $1.30
District 3 $16.64 $2.40
District 4 $16.06 $2.84
↑ Back to Table of Contents
97
46
ff) TREE TRIMMERS AND PRUNERS (RIGHT AWAY)
Wage
District 1 $28.21 $10.26
District 2 $28.21 $10.26
District 3 $28.21 $10.26
District 4 $28.21 $10.26
↑ Back to Table of Contents
Travel
0-25 mi. - free zone
>25-50 mi. - $20.00/day
>50 mi. - $70.00/day
XXIV. OPERATION OF PUBLIC DRINKING WATER SUPPLY, WASTE COLLECTION, AND
WASTE DISPOSAL SYSTEMS
gg) HEAVY AND TRACTOR-TRAILER TRUCK DRIVERS
Wage Benefit
District 1 $20.87 $ 9.42
District 2 $20.87 $ 9.42
District 3 $21.45 $10.00
District 4 $20.93 $10.00
↑ Back to Table of Contents
hh) LANDFILL ATTENDANTS AND EQUIPMENT OPERATORS
Wage Benefit
District 1 $17.60 $8.25
District 2 $21.78 $7.84
District 3 $21.87 $7.97
District 4 $21.98 $8.13
↑ Back to Table of Contents
ii) RECYCLING AND RECLAMATION WORKERS
No Rate Established
↑ Back to Table of Contents
jj) REFUSE AND RECYCLABLE MATERIALS COLLECTORS
Wage Benefit
District 1 $20.30 $ 6.70
98
47
District 2 $23.16 $ 7.49
District 3 $26.31 $10.46
District 4 $22.99 $ 7.65
↑ Back to Table of Contents
kk) WATER AND WASTEWATER TREATMENT PLANT AND SYSTEM OPERATORS
Wage Benefit
District 1 $23.32 $8.95
District 2 $22.32 $7.96
District 3 $22.25 $9.95
District 4 $24.68 $9.03
↑ Back to Table of Contents
XXXV. LAW ENFORCEMENT, INCLUDING CORRECTION AND DETENTION OFFICERS
ll) CORRECTION AND DETENTION OFFICERS
Wage Benefit
District 1 $20.99 $ 9.15
District 2 $18.85 $10.24
District 3 $18.91 $10.26
District 4 $20.64 $10.94
↑ Back to Table of Contents
mm) POLICE, FIRE, AND AMBULANCE DISPATCHERS
Wage Benefit
District 1 $21.09 $8.25
District 2 $21.23 $6.76
District 3 $18.76 $7.97
District 4 $22.13 $8.42
↑ Back to Table of Contents
nn) PROBATION OFFICERS AND CORRECTIONAL TREATMENT SPECIALISTS
Wage Benefit
99
48
District 1 $23.04 $11.27
District 2 $21.88 $10.88
District 3 $22.04 $10.95
District 4 $20.29 $10.53
↑ Back to Table of Contents
XXXVI. FIRE PROTECTION
oo) FIRE EXTINQUISHER REPAIRERS
No Rate Established
↑ Back to Table of Contents
pp) FOREST FIREFIGHTERS
Wage
District 1 $20.00 $3.70
District 2 $22.75 $3.70
District 3 $15.70 $3.70
District 4 $21.00 $3.70
↑ Back to Table of Contents
XXXVII. PUBLIC OR SCHOOL TRANSPORTATION DRIVING
qq) BUS DRIVERS (SCHOOL OR SPECIAL CLIENT)
Wage Benefit
District 1 $15.25 $5.04
District 2 $15.68 $1.92
District 3 $18.04 $5.59
District 4 $18.54 $5.87
↑ Back to Table of Contents
rr) BUS DRIVERS (TRANSIT AND INTERCITY) Wage Benefit
District 1 $17.76 $8.01
District 2 $18.81 $5.85
District 3 $17.00 $8.64
100
49
District 4 $20.69 $6.56
↑ Back to Table of Contents
ss) LIGHT TRUCK OR DELIVERY SERVICES DRIVERS (INCLUDES VAN DRIVERS)
Wage Benefit
District 1 $14.85 $2.62
District 2 $14.42 $4.27
District 3 $14.37 $4.38
District 4 $14.30 $4.35
↑ Back to Table of Contents
XXXVIII. NURSING, NURSE’S AID SERVICES, AND MEDICAL LABORATORY TECHNICIAN SERVICES
BREATH ALCOHOL TECHNICIANS
No Rate Established
↑ Back to Table of Contents
tt) EMERGENCY MEDICAL TECHNICIANS AND PARAMEDICS
Wage Benefit
District 1 $16.18 $3.51
District 2 $11.00 $5.29
District 3 $19.77 $6.67
District 4 $17.20 $4.89
↑ Back to Table of Contents
uu) HOME HEALTH AIDES
Wage Benefit
District 1 $11.22 $2.76
District 2 $13.24 $0.88
District 3 $13.90 $1.27
District 4 $12.42 $2.58
101
50
↑ Back to Table of Contents
vv) LICENSED PRACTICAL NURSES
Wage Benefit
District 1 $23.42 $6.74
District 2 $22.32 $7.02
District 3 $23.83 $4.33
District 4 $23.79 $6.37
↑ Back to Table of Contents
ww) MEDICAL AND CLINICAL LABORATORY TECHNICIANS
Wage Benefit
District 1 $24.71 $0.00
District 2 $25.00 $0.00
District 3 $25.00 $0.00
District 4 $25.00 $0.00
↑ Back to Table of Contents
xx) MEDICAL AND CLINICAL LABORATORY TECHNOLOGIST
Wage Benefit
District 1 $31.59 $9.04
District 2 $36.61 $8.93
District 3 $32.19 $8.36
District 4 $31.15 $8.47
↑ Back to Table of Contents
yy) MEDICAL ASSISTANTS
Wage
District 1 $18.72 $6.79
District 2 $18.56 $6.31
District 3 $18.55 $6.37
102
51
District 4 $18.55 $6.37
↑ Back to Table of Contents
zz) NURSE PRACTIONERS
Wage Benefit
District 1 $53.81 $14.74
District 2 $56.00 $12.02
District 3 $51.35 $ 7.05
District 4 $56.52 $14.42
↑ Back to Table of Contents
aaa) NURSING ASSISTANTS
Wage Benefit
District 1 $13.66 $4.06
District 2 $14.62 $5.68
District 3 $15.07 $3.52
District 4 $14.75 $4.43
Occupations Include:
Certified Nursing Assistants, Hospital Aides, Infirmary Attendants
↑ Back to Table of Contents
bbb) ORDERLIES
No Rate Established
↑ Back to Table of Contents
ccc) PERONAL CARE AIDES
Wage Benefit
District 1 $11.22 $2.76
103
52
District 2 $13.24 $0.88
District 3 $13.90 $1.27
District 4 $12.42 $2.58
↑ Back to Table of Contents
ddd) PHYSICIANS ASSISTANTS
Wage Benefit
District 1 $54.56 $13.29
District 2 $51.11 $10.91
District 3 $54.01 $ 9.52
District 4 $56.46 $14.48
↑ Back to Table of Contents
eee) REGISTERED NURSES
Wage Benefit
District 1 $31.92 $8.58
District 2 $33.18 $8.66
District 3 $31.32 $6.67
District 4 $35.93 $9.41
↑ Back to Table of Contents
XXXIX. MATERIAL AND MAIL HANDLING
fff) FREIGHT, STOCK, AND MATERIAL HANDLERS
Wage Benefit
District 1 $15.68 $7.20
District 2 $15.93 $6.65
District 3 $14.52 $6.26
District 4 $16.24 $5.02
↑ Back to Table of Contents
XL. FOOD SERVICE AND COOKING
ggg) COOKS, (INSTITUTION AND CAFETERIA)
104
53
Wage Benefit
District 1 $14.96 $4.00
District 2 $13.14 $4.50
District 3 $14.42 $4.17
District 4 $15.24 $5.13
↑ Back to Table of Contents
hhh) FOOD PREPARATION AND SERVING RELATED WORKERS
Wage Benefit
District 1 $12.62 $3.77
District 2 $11.47 $4.83
District 3 $13.80 $5.63
District 4 $12.90 $3.76
Occupations Include:
Dietary Aides, Counter Attendants, and Dining Room Attendants.
↑ Back to Table of Contents
XLI. MOTOR VEHICLE AND CONSTRUCTION EQUIPMENT REPAIR AND SERVICING
iii) AUTOMOTIVE SERVICE TECHNICIANS AND MECHANICS
Wage Benefit
District 1 $21.14 $4.15
District 2 $22.49 $4.33 District 3
$25.54 $7.40
District 4 $25.70 $5.35
↑ Back to Table of Contents
jjj) BUS AND TRUCK MECHANICS AND DIESEL ENGINE SPECIALISTS
Wage Benefit
105
District 1 $22.21 $7.08
District 2 $23.09 $6.65
District 3 $23.71 $6.47
District 4 $25.35 $6.82
↑ Back to Table of Contents
kkk) CONSTRUCTION EQUIPMENT MECHANICS
Wage Benefit
District 1 $26.00 $8.46
District 2 $25.67 $8.29
District 3 $24.19 $9.74
District 4 $24.63 $9.44
↑ Back to Table of Contents
XLII. APPLIANCE AND OFFICE MACHINE REPAIR AND SERVICING
lll) APPLIANCE MECHANICS
No Rate Established
↑ Back to Table of Contents
mmm) COMPUTER, AUTOMATED TELLER, AND OFFICE MACHINE REPAIRERS
No Rate Established
↑ Back to Table of Contents
nnn) COMPUTER USER SUPPORT SPECIALISTS
Wage Benefit
District 1 $20.04 $8.63
106
District 2 $18.47 $9.13
District 3 $21.74 $8.99
District 4 $24.52 $8.88
↑ Back to Table of Contents
107
Appendix D
108
T
DN
UP
UP
DN
FURNITURE SYMBOLS LEGEND
XX -X -X
SHELF HEIGHT NUMBER OF SECTIONS
SHELF TYPE
SHELF TYPES
A FLAT SHELF
B MAG SHELF
C PULL-OUT BINS
1 2 3 4 5 6 7 8 10 11 12 137.9
A
B
C
D
E
F
G
H
K
G.9
9
J
I.5
G.14
1.1
STORAGE / IT
CHILDREN'S
LIBRARY
READING
ROOM
CIRCULATION
WORK ROOM
ILL OFFICE
CIRCULATION
STORAGE WOMENS
RESTROOM
MENS
RESTROOMOPEN DOOR
OFFICE JANITOR
T.R. T.R.
CHILDREN'S
WORKROOM
OFFICE
LIBRARY HUB
LOUNGE
RECORDING
STUDIO
STORAGE
BOOKMOBILE
WORKROOM
& MENDING
STAFF
WORKROOM
STUDY
YARD ROOM
LAB 2LAB 1
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101B
E101B
E101D
E101BE101BE101AE101C
E101B E101AE101B E101CE101A E101AE200E200
E202 E106E205C
E106
E106 E205C E106
E202
COPY-1
COINOP-1
E101A
E200
E101A
E119A
E201
E119AE232E201
E206E104
E104E206
E204
E104
E205BE205A
E318E205AE319
E202
E404
E404 E404
E203 E203
E202E202E202E202
E235 E235 E235 E235
E235
E235
E235
E235
E235E235E235E235
E235
E235
E235
E235
E106E205CE106
E206
E104 E104
E206
72-3-A 72-4-A 72-3-A72-4-A 72-4-C 72-4-C 72-4-A 72-4-A 72-4-B 72-4-B 72-4-B72-4-A 72-4-B
72-3-A 72-3-A 72-3-A 72-3-A 72-3-A
84-5-A
84-5-A
DEMO
54-6-A
DEMO
54-2-A
DEMO
36-5-A
DEMO
72-4-A
84-5-A
84-8-A
DEMO 84-8-A 84-8-A 84-8-A 84-8-A 84-8-A 84-8-A 84-8-A 84-8-A 84-8-A
84-16-A
84-83A
48-2-A
DEMO
CANOPY TOP AND END PANEL ON THIS UNIT
WILL BE SALVAGED AND REINSTALLED ON
NEW SHORTER SHELVING
CANOPY TOP AND END PANEL ON THIS UNIT WILL BE SALVAGED
AND REINSTALLED ON NEW SHORTER SHELVING
E101D
E101D
E200
E202
E200
E237
E210
E113
E113
E113
E113
E405
E405 E405
E202
E202
E316
E316
E316
E316
E235 E235 E235 E235
E235E235E235E235
CAT-1
E122
E123
E124
E124
E113
E103A E103B
E103A
E103BPRINT-6
PRINT-5
PRINT-7
E200
E229
E119B
E119B
E230
E119B
E119B
E229
E119B
E119B
E229
E119B
E119BE119A
E119A
E234
E303E508E322AE321E322AE322BE321E322BE322A
E322A
E321E322AE322BE321E322B
E235
E235
E235
E235
E235 E316
E316
E235 E235
E235E235
E235
E235
E235
LEC-1
CAT-2
E105E108
CAT-2
S-2
S-1
E319
E316 E316
E316
E316
E316E316
E316
E316
LEC-2
E408
E406
E407
FL-1A
CAT-1
Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.
ISSUE / REVISION
I hereby certify that this plan, specification or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Architect under the Laws of the State of Montana.
Architect Seal
Signature
Print Name
Date License No
DateMark Description
510 Marquette Avenue South, Suite 200
Minneapolis, MN 55402 | 612.375.0336
Dagmara Larsen
ARC-ARC-LIC-22020
6/7/2022 3:41:05 PMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA901
LEVEL ONE -
FURNITURE SALVAGE
PLAN (FOR
REFERENCE ONLY)
ADDENDUM 4 - POST BID
2022.02.24Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and Interiors
Associate Architect
2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721
428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216
Civil, Structural, Mechanical, Electrical, Plumbing, Fire
Protection, IT
Audio / Visual
1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600
Lighting Design
1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044
Landscape Architecture
111 N Tracy Ave, Bozeman, MT 59715 | 406.587.4873
1 2021.11.17 Design Phase Pricing
4 2022.01.14 75% CD Check Set
5 2022.02.03 Bidding and Permit Documents
9 2022.05.19 Addendum 4 - Post Bid
1/8" = 1'-0"A901
1 LEVEL 1 FURNITURE & EQUIPMENT SALVAGE PLAN
109
DNT
1 2 3 4 5 6 7 8 10 11 12 137.9
B
C
D
E
F
G
H
K
G.9
J
1.1
MAGAZINE
AREA
MONTANA
ROOM
MENS
RESTROOM
WOMENS
RESTROM
TUTOR TUTOR
STAFF CONF
DIRECTOR
OFFICE
SERVER
JANITOR
T.R.
T.R.
STORAGE
ELEC
LOUNGE
UPPER
READING
MEETING
ROOM
MEETING
ROOM
QUIET STUDY
ZONE GROUP
STUDY ZONE
APO DEPT
HEAD OFFICE
ADMIN
ASSISTANT
DIRECTOR
OFFICE
42" H
E101B
E101A
E202
E304 E304
E106E106
E214
E101D
E106
E106
E106E207A
E207B
E207B
E207B E207B E207B E207B
E106E106E106E106
E106
E106
E106
E207B
E207B
E207B
E208
E106E106
E106E207B
E207BE106
E106E106
E207A
E207B E207B E207B
E106E106E106
E101A
E202 E101D
E101A
E106
E106
E233A
E209A
E106 E106
E106E106
E106 E106
E209A
E106 E106
E106E106
E209A
E320
E106
E106
MAG-2
MAG-1
PRINT-3
E209B
SCAN-2SCAN-1
E215
E101B E106 E106
E209A
E106E106
E106 E106
E101B E202
E211
E107E107E107
E107E107E107
E106E106
E106E106
E209A
E101D
E101D
E101D
E301
E301 E101A
E202
E101B
E106
E210
MF-1
E210
E101A
E210
E106
E210
E106
E101A
E101B
E101B
E106
E210
E106
E212
E106
E106
E212
E106
E106
PRINT-2
E106E106
SC-1
E 40 3
S300
E106
E106
S101A
S208
S200
S207
S203
S307B
S307A
S307A
S206
S206
S305
S306
S312
S309
S308 S213
S309
S302
S301
S210
S105
S214
S210
S101CS101C
E204A
E106
E205A
E106
E205B
E106
E204B
E106
E205A
E106
E117
E117
E207A
MAP FLAT FILESE106
E106
E101D
E106
S214
S203
COINOP-3
E101D
E101A
E101D
E236
E106 E106
E210
E106
E120
E238
E106
E106
E101B
E301
E301
E212 E212E106
E233B
E118
E208
E202
E200
E204B E204B
E214 E214 E214 E214 E214
E106
E214 E214 E214 E214 E214
E214
E106
E106
E106
E106
E106
E106 E106
E106
FOR BOOK MOBILEFOR
BOOK
MOBILE
E113
S100 S101AS102
S100
S101A
S101B S202
S101A
S107 S209
S202
S204
S201
S215
S103
S103
S103
S103
E405
E405
S213
S212
S211
S107
S107
S107
S200
E113
E113
PRINT-4COINOP-2
S106
E106
S101A
S-3
E317
?
CAT-1
E119A
S312
S312
S304
S306
S312S310 S311
S303
Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.
ISSUE / REVISION
I hereby certify that this plan, specification or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Architect under the Laws of the State of Montana.
Architect Seal
Signature
Print Name
Date License No
DateMark Description
510 Marquette Avenue South, Suite 200
Minneapolis, MN 55402 | 612.375.0336
Dagmara Larsen
ARC-ARC-LIC-22020
6/7/2022 3:41:08 PMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA902
LEVEL TWO -
FURNITURE SALVAGE
PLAN (FOR
REFERENCE ONLY)
ADDENDUM 4 - POST BID
2022.02.24Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and Interiors
Associate Architect
2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721
428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216
Civil, Structural, Mechanical, Electrical, Plumbing, Fire
Protection, IT
Audio / Visual
1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600
Lighting Design
1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044
Landscape Architecture
111 N Tracy Ave, Bozeman, MT 59715 | 406.587.4873
1/8" = 1'-0"A902
1 LEVEL 2 FURNITURE & EQUIPMENT SALVAGE PLAN
1 2021.11.17 Design Phase Pricing
4 2022.01.14 75% CD Check Set
5 2022.02.03 Bidding and Permit Documents
9 2022.05.19 Addendum 4 - Post Bid
110
DN
UP
UP
DN
LM1200
LM2100REF-21 2 3 4 5 6 7 8 10 11 12 13 147.9
A
B
C
D
E
F
G
H
K
G.9
9
J
I.5
G.14
STORAGE / IT
120
CHILDREN'S
LIBRARY
116
READING
ROOM
122
CIRCULATION
WORK ROOM
127
ILL OFFICE
125A
CIRCULATION
126
STORAGE
105
WOMENS
RESTROOM
108
MENS
RESTROOM
106
OPEN DOOR
OFFICE
102
JANITOR
103
T.R.
114
T.R.
115
CHILDREN'S
WORKROOM
119
OFFICE
118
LIBRARY HUB
CAFE
121B
LIBRARY HUB
LOUNGE
121D
?
?
STORAGE
112A
COMMUNITY
ROOM
101
BOOKMOBILE
WORKROOM
& MENDING
133
STAFF
WORKROOM
135
STUDY
113
YARD ROOM
142
LAB 2
112
LAB 1
110
1.1
FAMILY
RESTROOM
104
KITCHENETTE
101A
CIRC. OFFICE
125B
POLICE
OFFICE
131
STORAGE
140
TECH OFFICE
134
LOCKERS
138
CORRIDOR
111A
SERVICE
DESK
111
VESTIBULE
109A
VESTIBULE
109B
HALLWAY
128
STAIR
132
SHOWER
136
T.R,
137
HALLWAY
107
TUTOR
113A
E202
E202
E202
E202
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101C
E101CE101CE101CE101C E101C E101C
LARGE PRINT
(32)
DVDS
(31)
YA FICTION
(35)
HOLDS
(16)
MUSIC CDS
(8)
DESK RECONFIGURED
AT END FOR SEATED
CUSTOMER LOCATIONFRIEND'S BOOKSLINE OF FLOOR
ABOVE
EXISTING
PAPER BACK
EXCHANGE
CART
AUDIOBOOKS &
PLAYAWAYS
(30)
YA NEW
(4)
SERVICE DESK
NEW
42" H
FICTION
(180)
NEW
66" H
NEW
FICTION
DISPLAYS (6)
NEW
FICTION
(4)
MOST
WANTED
(6)
NEW
FICTION
(3)
THEMED
DISPLAY
(4)
THEMED
DISPLAY
(2)
MOBILE
SERVICE
DESK
CATALOG
STATION
LV-2
COINOP-1
COPY-1
PRNTREL-1
COMP-1
COMP-1
COMP-1
COMP-1
SC-2 SC-2
COMP-1
LAZR-1
3DPRT-1
COMP-3
COMP-2
FRIEND'S BOOKS
COFFEE-1
VEND-1
PRINT-1
CATALOG
STATION
CATALOG
STATION
SELF CHECK-
OUTS
CATALOG
STATION
72-4-A
72-3-A
84-8-A
84-16-A
84-83A
84-8-A
84-8-A
84-8-A
84-8-A84-8-A
84-8-A
84-8-A
84-8-A
72-3-A
72-3-A
72-3-A
72-3-A
72-3-A
84-83A
72-3-A
72-4-A
72-4-A72-4-A
72-4-A
72-4-C 72-4-C
72-4-B
72-4-B 72-4-B
72-4-B
SWAP MAG SHELF FOR FLAT
NEW
66" H
NEW
42" H
NEW
42" H
NEW
84" H
NEW
84" H
9' - 3"
CLEAR
4' - 0"
1' - 10 1/2"
22' - 4 1/2"
CLEAR
4' - 0"
SC-3 SC-3
CAT-1
CAT-1
CAT-2
CAT-1
FL-1A
E103B
E103B
E200 E200 E200
E601
E601
E601
E319 E319
E106
E105E105
S-2
E405
E123
PRINT-2
?
E124
E124
PRINT-7
PRINT-6
CH-1
CH-1
CH-1
CH-1
CH-2ACH-2A
CH-5
CH-5
CH-4
CH-4
T-4
CH-21
CH-21
CH-21
CH-6
CH-6
CH-7A
?
CH-7A
CH-6 CH-6 CH-6 CH-6 CH-6 CH-6 CH-6
T-5
T-3A
T-1A
T-1A
T-1A
T-1A
CH-2B
CH-2B
CH-3B
CH-20ACH-2BT-4 CH-9
CH-10
CH-9
CH-11
CH-11
CH-20B
CH-8
CH-8
CH-8
CH-8
T-8
T-1B
CH-15A
?
CH-3A
???
?
??
CH-6
CH-7BCH-7B CH-7BCH-7B
CH-7B
CH-7BCH-7BCH-7BCH-7B
CH-7B
CH-8
CH-8
CH-8
CH-8 CH-8
CH-8
CH-8
CH-8 CH-8
CH-8
CH-8
CH-8 CH-8
CH-8
CH-8
CH-8 CH-8
CH-8
CH-8
CH-8 CH-8
CH-8
CH-8
CH-8
E103A E103A
CH-12CH-12CH-12CH-12
CH-12CH-12CH-12CH-12CH-12CH-12
CH-13
CH-13
CH-15A
?
CH-15A
?
CH-15A
CH-15B
CH-19
T-6
T-9T-9T-9
T-10T-10 T-11
T-15
FL-1A
CH-19
P-1AP-1B
TEEN
LOUNGE
109C
BUSINESS
CENTER
121C
LIBRARY HUB
121A
GALLERY
109
RECORDING
STUDIO
112B
LEC-1
FURNITURE SYMBOLS LEGEND
XX -X -X
SHELF HEIGHT NUMBER OF SECTIONS
SHELF TYPE
SHELF TYPES
A FLAT SHELF
B MAG SHELF
C PULL-OUT BINS
Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.
ISSUE / REVISION
I hereby certify that this plan, specification or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Architect under the Laws of the State of Montana.
Architect Seal
Signature
Print Name
Date License No
DateMark Description
510 Marquette Avenue South, Suite 200
Minneapolis, MN 55402 | 612.375.0336
Dagmara Larsen
ARC-ARC-LIC-22020
6/7/2022 3:41:13 PMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA911
LEVEL ONE
FURNITURE PLAN
(FOR REFERENCE
ONLY)
ADDENDUM 4 - POST BID
2022.02.24Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and Interiors
Associate Architect
2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721
428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216
Civil, Structural, Mechanical, Electrical, Plumbing, Fire
Protection, IT
Audio / Visual
1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600
Lighting Design
1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044
Landscape Architecture
111 N Tracy Ave, Bozeman, MT 59715 | 406.587.4873
1/8" = 1'-0"A911
1 LEVEL 1 FURNITURE PLAN
OWNER PROVIDED EQUIPMENT SCHEDULE
ID QTY Description NEW/EXISTING EXISTING LOCATION
PROPOSED LOCATION
INSTALLER PURCHASERNO NAME
1 NEW 112 LAB 2
3DPRT-1 1 3D Printer NEW 112 LAB 2 BPL BPL
CAT-1 1 Catalogue Station Computer EXIST. Top of Stairs 121A LIBRARY HUB BPL EXIST
CAT-1 3 <varies>EXIST. Library Hub 122 READING ROOM BPL EXIST
CAT-1 2 EXIST. Library Hub 203 UPPER READING BPL EXIST
CAT-2 1 EXIST. Library Hub 122 READING ROOM BPL EXIST
COFFEE-1 1 Coffee Machine NEW 121C BUSINESS CENTER BPL BPL
COINOP-1 1 Jamex - Model 6557 EXIST. Local/National
Newspapers
122 READING ROOM BPL EXIST
COINOP-2 2 Jamex - Model 6557 w/ Net Pad Touch
(card reader)
EXIST. Copy Center 212 COPY BPL EXIST
COINOP-3 1 Envisionware CBA Series V-PC EXIST. Top of Stairs 207 MAGAZINE AREA BPL EXIST
COMP-1 1 Desktop Computer EXIST. Library Hub 121A LIBRARY HUB BPL EXIST
COMP-1 4 Desktop Computer EXIST. Top of Stairs 121C BUSINESS CENTER BPL EXIST
COMP-1 11 Desktop Computer EXIST. Top of Stairs 203 UPPER READING BPL EXIST
COMP-2 1 Staff Laptops NEW BPL BPL
COMP-2 1 Staff Laptops NEW 111 SERVICE DESK BPL BPL
COMP-2 1 Staff Laptops NEW 202 GROUP STUDY ZONE BPL BPL
COMP-3 1 EXIST.
COMP-3 1 Computers with Adobe Installed EXIST. Top of Stairs 112 LAB 2 BPL EXIST
COMP-3 2 EXIST. 121A LIBRARY HUB
COMP-3 5 EXIST. 121D LIBRARY HUB LOUNGE
COMP-3 1 EXIST.122 READING ROOM
COMP-3 4 EXIST.202 GROUP STUDY ZONE
COMP-3 17 EXIST.203 UPPER READING
COMP-3 10 EXIST.207 MAGAZINE AREA
COPY-1 1 Savin - 205823, MP2555 EXIST. Local/National
Newspapers
121D LIBRARY HUB LOUNGE BPL EXIST
E200 3 EXIST. 109C TEEN LOUNGE
E200 1 EXIST. 121A LIBRARY HUB
E200 1 EXIST. 121D LIBRARY HUB LOUNGE
E200 1 EXIST.122 READING ROOM
E200 1 EXIST. 203A QUIET STUDY ZONE
E507 1 EXIST. Top of Stairs BPL EXIST
E508 1 EXIST. Top of Stairs 109 GALLERY BPL EXIST
E508 1 EXIST. Top of Stairs 203 UPPER READING BPL EXIST
LAZR-1 1 Lazer Cutting Machine NEW 112 LAB 2 BPL BPL
LV-1 1 Laptop Vending NEW 203 UPPER READING BPL BPL
LV-2 1 Laptop Charging Station EXIST. BOH 111 SERVICE DESK BPL EXIST
MF-1 1 Canon Micro Film Scanner 300 EXIST. Listening/Viewing Station 203 UPPER READING BPL EXIST
PRINT-1 1 New Printer for Print Release NEW 121D LIBRARY HUB LOUNGE BPL BPL
PRINT-2 1 HP Color Laser Jet Enterprise - M651 EXIST. Future Meeting Rooms 203 UPPER READING BPL EXIST
PRINT-3 1 Dell - B1260DN EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
PRINT-4 2 Kyocera Taskalafa - 7965, 3551C1 EXIST. Copy Center 212 COPY BPL EXIST
PRNTREL-1 1 Print Release Computer EXIST. Top of Stairs 121D LIBRARY HUB LOUNGE BPL EXIST
SC-1 2 Envisionware Self Service Station EXIST. Top of Stairs 203 UPPER READING BPL EXIST
SC-2 2 Self Check Service Station NEW 121A LIBRARY HUB BPL BPL
SC-3 2 x11-cp Countertop Portrait Display EXIST. Library Hub 121A LIBRARY HUB BPL BPL
SCAN-1 1 Evisionware Scanner EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
SCAN-2 1 Eimage Data Microfilm Scan Pro 2000 EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
VEND-1 1 Vending Machine NEW 121C BUSINESS CENTER BPL BPL
4 2022.01.14 75% CD Check Set
5 2022.02.03 Bidding and Permit Documents
9 2022.05.19 Addendum 4 - Post Bid
111
DN
1 2 3 4 5 6 7 8 10 11 12 13 147.9
B
C
D
E
F
G
H
K
G.9
J
STORAGE
231
LOUNGE
234
1.1
E106E106
E106 E106
E107 E107E107
E107 E107 E107
E211
E205B
E106E106
E106E106
E106 E106
E106E106
PRINT-2
SCAN-1
PRINT-3
SCAN-2
MF-1
E301 E301
E209A E209B
E209A
E209A
E106
E106
E106
E106 E106
E106
E106
E106
E212
E212
E101A
E101A
LV-1
E106
E106
E106
E106
S213S213
S309 S308
S300
S210
E225
S105
S301
MONTANA ROOM ISLAND
E101B E101A
E101B
NEW
NON FICTION
DISPLAYS (6)
BIOGRAPHIES (18)
OVERSIZED BOOKS (6)
REFERENCE (6)
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
84" H
MAG/NEWS
(13)
YA NON-FICTION (4)
66" H84" H
LOCAL HISTORY & CONSUMER INFO
DESKTOP
COMPUTER
STATIONS
NON-FICTION (264)
SERVICE
DESK
E301 E301
COINOP-3
MICROFICHE
SCANNER &
PRINTER
MICROFICHE
CABINETS
MICROFICHE
READER
COMP-1
COMP-1
COMP-1
COMP-1
COMP-1
COMP-1
COMP-1 COMP-1
COMP-1
COMP-1
COMP-2
COMP-1
84-6-A84-6-A
E106
E106
E236
E101A E101B
E120 E120 E120 E120 E120
E120E120E120E120 E120
E101B
E101A E101B
E101A
E101A E101B
E101AE101B
E202
E200
E101B E101A
E205A
E320
7' - 0"E118
E507
CAT-1
E204B E204B
E508
E120
E120
E207B E207B
E207B E207B
E207B E207B
E207B E207B
E207B E207B
E207BE207B
S-1
E202
E205B
E106 E106
E106E106
E209A
E106 E106
E106
E209A
E106
E106
E106
E209A
S-3
E200
E200
E601
E601
E601
E212
E212
E106
E106
E106
E212
E106
E210
E106
E210
E106
E210
E106
E106
E106
E106
E106
E212
E106
E212
E106
E210
E106
E210
E106
E106
E601
E601
E601
E601
COINOP-2
?
E106
E106
E106
E106
E106
E106
E106
E106
E405
E405
PRINT-4
SC-1
E202
E200
JANAYS
OFFICE
COREYS OFFICE
KITS OFFICE
S202 S202
S200
S215
S103 S103
S103S103
WALL
SHELVING
ABOVE
S214
S107
S107
S307A
S307A
S306
S311 S106
S305
S107
S309S210S211S2127' - 0"CH-15C
?
?
CH-16A
CH-16A
CH-17
CH-17
CH-18
CH-18
CH-18
CH-18 CH-18
CH-18
CH-18
CH-18
T-7
T-12
T-12
T-13
?
T-13
?
T-13
?
T-14
T-14
T-16 T-16
T-17 T-17
T-17T-17
T-17
CH-22 CH-22
CH-22
CH-22
CH-22
CH-22 CH-22
CH-22
CH-22
CH-7A CH-7A
CH-7ACH-7A
T-3B
T-3A
T-2
CH-22
CH-22
P-2 P-2
P-2
P-2
MONTANA
ROOM
201
MAGAZINE
AREA
207
GROUP
STUDY ZONE
202
APO DEPT
HEAD OFFICE
223A
ASSISTANT
DIRECTOR
OFFICE
223
APO
WORKROOM
222
FOUNDATION
DIRECTOR
OFFICE
211
FOUNDATION
& FRIENDS
OFFICE
209
LOUNGE
208A
E101B
MEETING
ROOM
204
MEETING
ROOM
205
UPPER
READING
203
MEETING
ROOM
210
TUTOR
215
TUTOR
216
FURNITURE SYMBOLS LEGEND
XX -X -X
SHELF HEIGHT NUMBER OF SECTIONS
SHELF TYPE
SHELF TYPES
A FLAT SHELF
B MAG SHELF
C PULL-OUT BINS
Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd. Drawing 2021 Copyright Meyer, Scherer & Rockcastle, Ltd.
ISSUE / REVISION
I hereby certify that this plan, specification or report was prepared
by me or under my direct supervision and that I am a duly
Licensed Architect under the Laws of the State of Montana.
Architect Seal
Signature
Print Name
Date License No
DateMark Description
510 Marquette Avenue South, Suite 200
Minneapolis, MN 55402 | 612.375.0336
Dagmara Larsen
ARC-ARC-LIC-22020
6/7/2022 3:41:15 PMAutodesk Docs://2021005 Bozeman Public Library/2021005_R22_Architecture.rvtA912
LEVEL TWO
FURNITURE PLAN
(SHOWN FOR
REFERENCE ONLY)
ADDENDUM 4 - POST BID
2022.02.24Project No: 2021005BPLBozeman Public Library626 E Main St.Bozeman, MT 59715Architecture and Interiors
Associate Architect
2880 Technology Blvd W, Bozeman, MT, 59718 | 406.587.0721
428 E Mendenhall St, Bozeman, MT 59715 | 406.219.2216
Civil, Structural, Mechanical, Electrical, Plumbing, Fire
Protection, IT
Audio / Visual
1800 Deming Way #200, Middleton, WI 53562 | 608.223.9600
Lighting Design
1999 Broadway UNIT 2205, Denver, CO 80202 | 720.644.5044
Landscape Architecture
111 N Tracy Ave, Bozeman, MT 59715 | 406.587.4873
1/8" = 1'-0"A912
1 LEVEL 2 FURNITURE PLAN
OWNER PROVIDED EQUIPMENT SCHEDULE
ID QTY Description NEW/EXISTING EXISTING LOCATION
PROPOSED LOCATION
INSTALLER PURCHASERNO NAME
1 NEW 112 LAB 2
3DPRT-1 1 3D Printer NEW 112 LAB 2 BPL BPL
CAT-1 1 Catalogue Station Computer EXIST. Top of Stairs 121A LIBRARY HUB BPL EXIST
CAT-1 3 <varies>EXIST. Library Hub 122 READING ROOM BPL EXIST
CAT-1 2 EXIST. Library Hub 203 UPPER READING BPL EXIST
CAT-2 1 EXIST. Library Hub 122 READING ROOM BPL EXIST
COFFEE-1 1 Coffee Machine NEW 121C BUSINESS CENTER BPL BPL
COINOP-1 1 Jamex - Model 6557 EXIST. Local/National
Newspapers
122 READING ROOM BPL EXIST
COINOP-2 2 Jamex - Model 6557 w/ Net Pad Touch
(card reader)
EXIST. Copy Center 212 COPY BPL EXIST
COINOP-3 1 Envisionware CBA Series V-PC EXIST. Top of Stairs 207 MAGAZINE AREA BPL EXIST
COMP-1 1 Desktop Computer EXIST. Library Hub 121A LIBRARY HUB BPL EXIST
COMP-1 4 Desktop Computer EXIST. Top of Stairs 121C BUSINESS CENTER BPL EXIST
COMP-1 11 Desktop Computer EXIST. Top of Stairs 203 UPPER READING BPL EXIST
COMP-2 1 Staff Laptops NEW BPL BPL
COMP-2 1 Staff Laptops NEW 111 SERVICE DESK BPL BPL
COMP-2 1 Staff Laptops NEW 202 GROUP STUDY ZONE BPL BPL
COMP-3 1 EXIST.
COMP-3 1 Computers with Adobe Installed EXIST. Top of Stairs 112 LAB 2 BPL EXIST
COMP-3 2 EXIST. 121A LIBRARY HUB
COMP-3 5 EXIST. 121D LIBRARY HUB LOUNGE
COMP-3 1 EXIST.122 READING ROOM
COMP-3 4 EXIST.202 GROUP STUDY ZONE
COMP-3 17 EXIST.203 UPPER READING
COMP-3 10 EXIST.207 MAGAZINE AREA
COPY-1 1 Savin - 205823, MP2555 EXIST. Local/National
Newspapers
121D LIBRARY HUB LOUNGE BPL EXIST
E200 3 EXIST. 109C TEEN LOUNGE
E200 1 EXIST. 121A LIBRARY HUB
E200 1 EXIST. 121D LIBRARY HUB LOUNGE
E200 1 EXIST.122 READING ROOM
E200 1 EXIST. 203A QUIET STUDY ZONE
E507 1 EXIST. Top of Stairs BPL EXIST
E508 1 EXIST. Top of Stairs 109 GALLERY BPL EXIST
E508 1 EXIST. Top of Stairs 203 UPPER READING BPL EXIST
LAZR-1 1 Lazer Cutting Machine NEW 112 LAB 2 BPL BPL
LV-1 1 Laptop Vending NEW 203 UPPER READING BPL BPL
LV-2 1 Laptop Charging Station EXIST. BOH 111 SERVICE DESK BPL EXIST
MF-1 1 Canon Micro Film Scanner 300 EXIST. Listening/Viewing Station 203 UPPER READING BPL EXIST
PRINT-1 1 New Printer for Print Release NEW 121D LIBRARY HUB LOUNGE BPL BPL
PRINT-2 1 HP Color Laser Jet Enterprise - M651 EXIST. Future Meeting Rooms 203 UPPER READING BPL EXIST
PRINT-3 1 Dell - B1260DN EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
PRINT-4 2 Kyocera Taskalafa - 7965, 3551C1 EXIST. Copy Center 212 COPY BPL EXIST
PRNTREL-1 1 Print Release Computer EXIST. Top of Stairs 121D LIBRARY HUB LOUNGE BPL EXIST
SC-1 2 Envisionware Self Service Station EXIST. Top of Stairs 203 UPPER READING BPL EXIST
SC-2 2 Self Check Service Station NEW 121A LIBRARY HUB BPL BPL
SC-3 2 x11-cp Countertop Portrait Display EXIST. Library Hub 121A LIBRARY HUB BPL BPL
SCAN-1 1 Evisionware Scanner EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
SCAN-2 1 Eimage Data Microfilm Scan Pro 2000 EXIST. Scan/Fax Table 203 UPPER READING BPL EXIST
VEND-1 1 Vending Machine NEW 121C BUSINESS CENTER BPL BPL
4 2022.01.14 75% CD Check Set
5 2022.02.03 Bidding and Permit Documents
9 2022.05.19 Addendum 4 - Post Bid
112
Appendix E
113
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONE106TASK CHAIR First Level Collections HON 3 30KEEPS100TASK CHAIR - NO ARMS 210 NATIONAL 2 02REMOVES101ATASK CHAIR - RED 210 NATIONAL 5 05REMOVES101BTASK CHAIR - PURPLE 210 NATIONAL 1 01REMOVE2022-03-28Bozeman Public Library | Existing Furnishings List114
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS101CTASK CHAIR - TEALASSISTANT DIRECTOR OFFICENATIONAL 2 02REMOVES102TASK CHAIR - GREY 209 VIA 1 01REMOVES103GUEST CHAIR KITS OFFICE440KEEP KITS OFFICES104GUEST CHAIR FOUNDATION OFFICE KIMBEL 3 30KEEPE113WOOD CHAIR440KEEP TBD
115
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS105TASK CHAIRFOUNDATION DIRECTOR OFFICEHYKEN 1 10KEEP JANAYS OFFICES106YOGA BALL FOUNDATION OFFICE110KEEP KITS OFFICES200SIT STAND 5'APO OFFICE + JANAY'S OFFICE59x 29.5 2 20KEEPAPO OFFICE + JANAY'S OFFICES201SIT STAND SMALL APO OFFICE 45.75 x 23 1 10KEEP APO OFFICES202SIT STAND 6'COREY'S + KITS OFFICEUPLIFT30D X 72W X HEIGHT ADJUSTABLE220KEEPCOREY'S + KITS OFFICEE217TABLE COREY'S OFFICE 18d x 30w x 26h 1 01REMOVE116
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS203DESK APO OFFICE 27”x6’x30h 1 01REMOVES204TABLE APO OFFICE 30d x 72w x 27h 2 02REMOVES206TABLE APO OFFICE 42D X 60W X 29H 2 02TBD TBDS207TABLE APO OFFICE 2’x42”. 29.25h 1 01REMOVES208DESKS APO OFFICE202KEEPFOR BOOK MOBILE STAFF - RELOCATES209STORAGE COREY'S OFFICE 18x30x26 1 01REMOVE117
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS210DESKFOUNDATION OFFICESKIMBEL 30D X 66W X 29H 2 20KEEPFOUNDATION OFFICESS211DESKFOUNDATION OFFICES24x65 1 10KEEPFOUNDATION OFFICESS212DESKFOUNDATION OFFICES2'X6' 1 TBDFOUNDATION OFFICESS213TABLE KITS OFFICE 30D X 60W X 29H 1 10KEEP KITS OFFICES214TABLE FOUNDATION OFFICE KIMBEL 42RND X 30H 1 10KEEP APO OFFICESS215TABLE KITS OFFICE 31 RND 1 10KEEP KITS OFFICE
118
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS300STORAGE 210 20d x 74w x 29h 1 10KEEP KITS OFFICES301STORAGE JANAYS OFFICE 24D X 36W X 28.5H 1 10KEEP JANAYS OFFICES302BOOK SHELF JANAYS OFFICE 16D X 47.5W X 32H 1 01REMOVE JANAYS OFFICES303FILE CABINET APO OFFICE 15x25. X 29H 2 02REMOVES304FILE CABINET APO OFFICE201REMOVEONE FOR BOOK MOBILE STAFF119
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONE305PED FILE 209 22x15.5x27 1 10KEEP APO OFFICESE306PED FILE 209 BBF 20.5d x 15w x 23.5h 1 10KEEP APO OFFICESE307ASTORAGE SHELVES APO OFFICE 2’x4’x6 high. 2 20KEEP APO OFFICESE307BSTORAGE SHELVES APO OFFICE 4’x19”x6’h 1 10KEEPFOR BOOK MOBILE STAFFS308FILE CABINET KITS OFFICE 18.5 D X 42W X 41.25H 1 10KEEPMOVE TO COREYS OFFICE / WHATEVER SMALLER FILE KIT IS BUYING120
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO GET RID OFKEEP/REMOVE NEW LOCATIONS309BOOK SHELF KITS+ COREYS OFFICE 37x45 high. 10” deep 2 20KEEPKITS+ COREYS OFFICESS310BOOK SHELF APO OFFICE 1’x3’x42”h 1 01REMOVES311PLANT SHELF KITS OFFICE 13.5 x12x 27 1 10KEEP KITS OFFICES312BOOK TRUCK APO OFFICE 14D X 36W X 42H 3 30KEEP TBD
121
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONCAT-1Catalogue stationFirst Level Collections + Second Level Collections 27x21.5x42high one on each floor220KEEPFIRST + SECOND LEVEL COLLECTIONSCAT-2Catalogue station First Level Collections Catalog. 21”x3’ 2 20TBDFIRST FLOOR COLLECTIONSE101ABrown Chair FabricSecond Level Collections31" x 30" x 33" 13 94KEEPSECOND FLOOR COLLECTIONSE101BBrown Chair: Fabric and Vinyl First Level Collections 31" x 30" x 33" 13 85KEEPFIRST FLOOR COLLECTIONSE101CBrown Chair: Vinyl First Level Collections 31" x 30" x 33" 14 140KEEPFIRST FLOOR COLLECTIONSE101DRed Chair First Level Collections 31" x 30" x 33" 10 010REMOVEBozeman Public Library | Existing Furnishings List2022-03-28122
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE103AUpholstered booth: RED Teen area 46" x 30" x 34 1/2" 2 20KEEP TEEN AREAE103BUpholstered booth: GREEN Teen area 46" x 30" x 34 1/2" 2 20KEEP TEEN AREAE104Lime Green Chairs Teen area Height Adjustable 5 05REMOVEE105High task chair Circ Desk110KEEP CIRC DESKE106Task Chair First Level Collections HON 80 800KEEPE107Barstool ChairsSecond Level Collections BARSTOOLS 6 60KEEPSECOND FLOOR COLLECTIONS123
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE113Wood Chair First Level collecitons Wooden Chair 5 TBDE115Computer Table Teen Area 3’x3’x30.5h 1 01REMOVEE117Leather Lounge chairs MONTANA ROOM 43d x 33w x 36h 2 20KEEP MAGAZINE AREAE118Upholstered boothSecond Level Collections - red booth behind chairs66" x 33" x 29 1/2" 1 10KEEP MEETING ROOME119ASmall Green Chairs Teen Area STACKING 5 05REMOVEE119BSmall Blue Chairs Teen Meeting Room STACKING 10 010REMOVE124
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE120Nesting Chairs Meeting Rooms NESTING 12 120KEEP MEETING ROOME122Rocking Chair Community Room 25" x 28" 42.5" 1 10KEEP MAGAZINE AREAE123Rocking Chair Community Room 27" x 34" x 45.5" 1 10KEEP CHILDREN'S AREAE124Bench Gallery 23.5"D x 37.5"W 2 20KEEP GALLERY E200Small Coffee Table Level 1 + Level 2 22" x 30" x 20" H 8 80KEEPFIRST FLOOR COLLECTIONSE201Table Teen area 30" x 47.5"X29.5 H 2 02REMOVE TEEN AREAE202Long Coffee Table Level 1 + Level 2 48" x 22" x 16" 12 84KEEPSECOND FLOOR COLLECTIONS125
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE203WOOD TABLE W/ GREY TOP BEHIND CIRC DESK 32"x6’x 30.5 2 10REMOVE RECORDING STUDIOE204AWooden Table W/ GREY TOP. BAR GOES LONG WAYMONTANA ROOM 4'X5' 1 01REMOVEE204BWooden Table W/ GREY TOP. BAR GOES SHORT WAYMONTANA ROOM 3'X5' 3 21KEEP TUTORING ROOMSE205AWooden Table First Floor Collections 3’x6’ 4 13NEW MEETING ROOM BY APO OFFICEE205BWooden Table W/ GREY TOP. BAR GOES SHORT WAYFirst Floor Collections 3’x6’ 2 20KEEP LEVEL 2 STUDY TABLES
126
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE205CWooden Table W/ GREY TOP. BAR GOES LONG WAYFirst Floor Collections 3’x6’ 3 03REMOVEE206Computer Table TEEN AREA 30x30 x 29.5 4 04REMOVEE207AComputer Table - Sit standSecond Level Collections30x42x HT ADJUSTABLE 3 TBDE207BComputer Table Second Level Collections30x42x 29h. 14 122KEEP MEETING ROOME208Bar hight blue tables. Express Second Level Collections3'x6'x39"h. small 9" deep middle divider202REMOVE127
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE209A4 Person work table with dividersSecond Level Collections5’x7’x30.25h 5 50KEEP LEVEL 2 STUDY TABLESE209B4 Person work table NO dividersSecond Level Collections5’x7’x30.25h 1 10KEEP LEVEL 2 PRINTINGE2102 Person work tableSecond Level Collections - near back windows60" x 42" x 30.25 6 42KEEPSECOND FLOOR COLLECTIONSE211High top tableSecond Level Collections84" x 60" x 48 1/2" 1 10KEEPSECOND FLOOR COLLECTIONSE2123 Person work tableSecond Level Collections - near back windows8’x3'X30H. TOP OF DESK 54 1/4" 440KEEPSECOND FLOOR COLLECTIONSE214Flip Top Tables Meeting Room 23.5x35x30 h 12 012REMOVE128
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE215Map CaseSecond Level Collection near circ desk101REMOVEE229Flip Top Tables Teen Study 30D X 60W X 30.5H 3 03REMOVEE230Tables Teen Study 24x42x28.5 H 1 01REMOVEE231TV monitor Teen Study 28x44 1 10KEEP TBDE232Table Teen areaTable with storage 25" x 26.5" 101REMOVEE233AAtlas CaseSecond Level Collection30x28.25x45.25 1 TBD TBD
129
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE233BAtlas CaseSecond Level Collection30x28.25x45.25 1 TBD TBDE234Book Display First Floor Collections 4’x6’x4’ high 1 TBD TBDE235Stackable ChairCommunity Room + Meeting RoomStacks 12 chairs high 151 0151REMOVEE236Table (historical)Second Level collections 3’x5’x29.5h 1 10KEEP PUZZLE TABLE LEVEL 2E237Large Table First Floor Collections 60" x 108" x 39.25" H 1 01REMOVE130
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE238Table with Cleaning supplies on itSecond Level CollectionsNear computer stations 16" x 29.5" x 21.5101REMOVEE301Microfilm CabinetsSecond Floor Collections17.5" x 37" x 32" H 4 40KEEPSECOND FLOOR COLLECTIONSE303DISPLAY CASE First Floor Collections Display case 1 TBD TBDE304Metal Tables Meeting Room 30" x 60" x 42.5" 2 02REMOVE TBDE316Folding Tables Community Room VARIOUS SIZES 21 021REMOVEE317Folding Tables Meeting Room 2’x4’x29h 1 01REMOVEE318Small table First Level Collections 24" x 30" 1 01REMOVE131
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE319Paperback exchange carts Gallery 64x16.75. 37 h 2 20KEEP GALLERY E320SHELVING WITH SEEDSSecond Level Collections20x39.5x33.5table ht. 48h 1 10KEEPSECOND LEVEL COLLECTIONSE321Café Tables Gallery404REMOVEE322ACafé Chairs - green Gallery505REMOVEE322BCafé Chairs - red Gallery404REMOVE132
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE405End displaysFirst + Second level collection.14" x 21" x 60" 5 50KEEPFIRST FLOOR COLLECTIONSE406Metal Display First Level Collections 23,5" x 23.5" x 71.5" H 1 01REMOVEE407Wood Display First Level Collections 26" x 24" x 55" 1 01REMOVEE408Wood Display First Level Collections 29.5" x 36" x 55.25" H 1 01REMOVEE507SHELVINGSecond Floor Collections523REMOVE (3 of 5 Sections)KEEP (2 of 5 Sections )SECOND FLOOR COLLECTIONSE508Wood Spinning Display Gallery 30" x 30" x 62.5" H 1 01TBDSECOND FLOOR COLLECTIONS133
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONE601Floor Lamp First Level Collections-8" x 11" x 61" 12 120KEEPLEVEL 1 + LEVEL 2 COLLECTIONSE602Table Lamp First Level Collections-14" x 7" x 26" 12 120KEEPLEVEL 1 + LEVEL 2 COLLECTIONSLEC-1Lectern Meeting RoomLocated in conference room. 20.5x3’. 41”h to shroud. 3’ high to work surface.110KEEP COMMUNITY ROOMLEC-2Lectern Meeting Room 18x26.5x 38.75 h. 1 01REMOVES1Sculpture First Level Collections 60" x 42" x 72" H 1 10KEEPFIRST FLOOR COLLECTIONS134
ITEM CODEDESCRIPTION CURRENT LOCATION MANUFACTURER PHOTO Dimensions EX Qty. QTY KEEPINGQTY TO DONATEKEEP/REMOVE NEW LOCATIONS2Sculpture First Level Collecitons 28" x 32" x 9' H 1 10KEEPFIRST FLOOR COLLECTIONSS3SculptureSecond Level Collections4' DIA x 7' H 10KEEPSECOND FLOOR COLLECTIONS135
APPENDIX F
136
construction schedule | phase 1
July – Nov
2022
July – Sept
2022
July – Sep 2022
temporary
access
July – Oct
2022
137
construction schedule | phase 2
Jan – June 2023
Jan - Feb 2023
Jan – Sept
2023
Jan – June 2023temporary
access
Jan – Sept
2023
138
APPENDIX G
139
ID Task Name Start Finish
1 Construction Thu 9/29/22 Fri 10/27/23
2 Phase I Thu 9/29/22 Mon 3/27/23
3 Area H & F (reading room)Thu 9/29/22 Wed 2/1/23
4 2nd Floor Lighting (F)Thu 9/29/22 Tue 12/20/22
5 Install Temp Barricades Thu 9/29/22 Fri 9/30/22
6 Remove and relocate library items
& furniture (by owner)
Mon 10/3/22 Tue 10/4/22
7 Electrical demo (gridline B-->C)Wed 10/5/22 Fri 10/7/22
8 Electrical demo (gridline C-->D)Mon 10/10/22 Wed 10/12/22
9 Electrical demo (gridline D-->E)Thu 10/13/22 Mon 10/17/22
10 Electrical demo (gridline E-->F)Tue 10/18/22 Thu 10/20/22
11 Electrical demo (gridline F-->G)Fri 10/21/22 Tue 10/25/22
12 Electrical demo (gridline G-->H)Wed 10/26/22 Fri 10/28/22
13 Electrical Rough In Mon 10/31/22 Thu 11/10/22
14 Install New Lighting 2nd Floor Fri 11/11/22 Mon 12/5/22
15 Install Casework Wed 10/19/22 Thu 10/27/22
16 Electrical Trim Tue 12/6/22 Mon 12/12/22
17 COB Inspections Tue 12/13/22 Thu 12/15/22
18 Final Clean Tue 12/13/22 Wed 12/14/22
19 Reinstall Library Items Thu 12/15/22 Mon 12/19/22
20 Remove Temp Barricades Tue 12/20/22 Tue 12/20/22
21 Owner Turnover Tue 12/20/22 Tue 12/20/22
22 1st Floor Lighting & Flooring (H)Wed 10/5/22 Wed 2/1/23
23 Remove and relocate all library
items & furniture (by owner)
Wed 10/5/22 Tue 10/11/22
24 Install Temp Barricades where
needed
Mon 10/31/22 Tue 11/1/22
25 Disconnect Electrical and Shift
Stacks 1st Floor
Mon 10/24/22 Wed 10/26/22
26 Demo Lights 1st half 1st Floor Mon 10/31/22 Thu 11/10/22
27 Demo Flooring 1st Half 1st Floor Fri 11/11/22 Tue 11/15/22
28 Install New Lighting 1st Half 1st
Floor
Wed 11/16/22 Thu 12/1/22
29 Install Carpet 1st Half 1st Floor Fri 12/2/22 Thu 12/8/22
30 Shift Stacks to completed area 1st
Floor
Fri 12/9/22 Mon 12/12/22
31 Demo Lighting 2nd Half 1st Floor Tue 12/13/22 Mon 12/19/22
32 Demo Flooring 2nd Half 1st Floor Tue 12/20/22 Thu 12/22/22
33 Install New Lighting 2nd Half 1st
Floor
Mon 12/26/22 Mon 1/9/23
34 Install New Flooring 2nd Half 1st
Floor
Tue 1/10/23 Mon 1/16/23
35 Relocate Stacks to Final Location 1st
Floor
Tue 1/17/23 Thu 1/19/23
36 COB Inspections Fri 1/20/23 Mon 1/23/23
37 Final Clean Fri 1/20/23 Mon 1/23/23
38 Reinstall Library Items Tue 1/24/23 Mon 1/30/23
39 Remove Temp Barricades Tue 1/31/23 Wed 2/1/23
40 Owner Turnover Wed 2/1/23 Wed 2/1/23
41
42 Area C - Library Hub Wed 11/16/22 Mon 3/27/23
43 Install Temp Barricades Wed 11/16/22 Wed 11/16/22
44 Remove all Library Items Thu 11/17/22 Fri 11/18/22
45 Electrical Demo Mon 11/21/22 Tue 11/29/22
46 Demo and Salvage Architectural Items Wed 11/30/22 Tue 12/6/22
47 Interior Walls Wed 12/7/22 Tue 12/20/22
48 Core Drill and Electrical Rough In Wed 12/7/22 Thu 12/15/22
49 Patch Masonry Wed 12/21/22 Wed 12/28/22
50 Patch Walls and Rework Ceiling Thu 12/29/22 Thu 1/19/23
51 Painting Fri 1/20/23 Thu 1/26/23
52 Install New Flooring Fri 1/27/23 Tue 2/7/23
53 Install Casework Wed 2/8/23 Tue 2/21/23
54 Install Lighting Wed 2/22/23 Mon 3/6/23
55 Electrical Trim Tue 3/7/23 Mon 3/20/23
56 COB Inspections Tue 3/21/23 Thu 3/23/23
57 Final Clean Tue 3/21/23 Thu 3/23/23
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8/28 9/4 9/11 9/18 9/25 10/2 10/9 10/1610/2310/3011/6 11/1311/2011/27 12/4 12/1112/1812/25 1/1 1/8 1/15 1/22 1/29 2/5 2/12 2/19 2/26 3/5 3/12 3/19 3/26 4/2 4/9 4/16 4/23 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 9/3 9/10 9/17 9/24 10/1 10/8 10/1510/2210/29 11/5 11/1211/1911/26 12/3 12/1012/1712/2412/31 1/7 1/14 1/21
September October November December January February March April May June July August September October November December January
Critical
Critical Split
Critical Progress
Task
Split
Task Progress
Manual Task
Start-only
Finish-only
Duration-only
Baseline
Baseline Split
Baseline Milestone
Milestone
Summary Progress
Summary
Manual Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Deadline
BPL Construction Schedule 7.11.22
Page 1
140
ID Task Name Start Finish
58 Remove Temp Barricades Fri 3/24/23 Fri 3/24/23
59 Owner Turnover Mon 3/27/23 Mon 3/27/23
60
61 Area E L2 Meeting Rooms Tue 10/11/22 Tue 1/3/23
62 Install Temp Barricades Tue 10/11/22 Tue 10/11/22
63 Demo Walls and Ceilings Wed 10/12/22 Fri 10/21/22
64 Frame Interior Walls Mon 10/24/22 Tue 11/1/22
65 Electrical Demo and Rough In Wed 11/2/22 Thu 11/10/22
66 Install Storefront and Doors Wed 11/2/22 Tue 11/15/22
67 Patch and Paint Walls Fri 11/11/22 Mon 11/28/22
68 Install Ceilings Tue 11/29/22 Fri 12/2/22
69 Install Flooring Mon 12/5/22 Thu 12/8/22
70 Install Motorized Shades Fri 12/9/22 Wed 12/14/22
71 Install AV Equipment Thu 12/15/22 Tue 12/20/22
72 COB Inspections Wed 12/21/22 Thu 12/22/22
73 Final Clean Mon 12/26/22 Tue 12/27/22
74 Install Library Items Wed 12/28/22 Thu 12/29/22
75 Remove Temp Barricades Mon 1/2/23 Mon 1/2/23
76 Owner Turnover Tue 1/3/23 Tue 1/3/23
77
78 Phase II Tue 3/28/23 Fri 10/27/23
79 Area B Gallery/Labs/West Int. Vestibule Fri 4/28/23 Fri 10/27/23
80 Install Temp Barricades Fri 4/28/23 Fri 4/28/23
81 Demolition Mon 5/1/23 Fri 5/5/23
82 Sawcut and Prep Floor for Nana Wall
Track
Mon 5/8/23 Wed 5/10/23
83 Wall and Soffit Framing Thu 5/11/23 Thu 6/1/23
84 MEP and Sprinkler Rough In Fri 6/2/23 Thu 6/15/23
85 Set Door Frames Fri 6/2/23 Thu 6/8/23
86 Hang, Tape and Finish Drywall Fri 6/16/23 Mon 7/10/23
87 Painting Tue 7/11/23 Thu 7/20/23
88 Doors and Hardware Fri 7/21/23 Tue 7/25/23
89 Install Nana Wall Track Fri 7/21/23 Tue 7/25/23
90 Ceiling Grid Fri 7/21/23 Thu 7/27/23
91 Install AFWP Fri 7/21/23 Thu 7/27/23
92 Install Recording Studio Acoustic
Treatment
Fri 7/21/23 Mon 7/24/23
93 Rough in above Ceiling Grid Fri 7/28/23 Thu 8/10/23
94 Install Ceiling Tiles Fri 8/11/23 Thu 8/17/23
95 Install Flooring Fri 8/18/23 Thu 9/7/23
96 Install Nana Walls Fri 9/8/23 Fri 9/15/23
97 Install Casework and Countertops Fri 9/8/23 Mon 9/25/23
98 MEP and Fire Sprink Trim Tue 9/26/23 Wed 10/11/23
99 Install Appliances Thu 10/12/23 Fri 10/13/23
100 Install AV Equipment Thu 10/12/23 Wed 10/18/23
101 Division 10 Specialties Tue 9/26/23 Tue 9/26/23
102 COB Inspections Thu 10/19/23 Mon 10/23/23
103 Final Clean Thu 10/19/23 Mon 10/23/23
104 Install Library Equipment Tue 10/24/23 Thu 10/26/23
105 Owner Turnover Fri 10/27/23 Fri 10/27/23
106
107 Area D Staff Offices Fri 4/28/23 Fri 10/13/23
108 Install Temp Barricades Fri 4/28/23 Mon 5/1/23
109 Remove Library Items Tue 5/2/23 Wed 5/3/23
110 Demolition Thu 5/4/23 Wed 5/10/23
111 Interior Framing Thu 5/11/23 Wed 5/24/23
112 MEP Rough in Thu 5/25/23 Thu 6/8/23
113 Set Door Frames Thu 5/25/23 Tue 5/30/23
114 Hang, Tape and Finish Drywall Fri 6/9/23 Thu 6/22/23
115 Painting Fri 6/23/23 Mon 7/10/23
116 Ceiling Grid Tue 7/11/23 Tue 7/18/23
117 MEP Roughin Above Ceiling Wed 7/19/23 Fri 7/28/23
118 Doors and Hardware Tue 7/11/23 Mon 7/17/23
119 Ceiling Tiles Mon 7/31/23 Fri 8/11/23
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8/28 9/4 9/11 9/18 9/25 10/2 10/9 10/1610/2310/3011/6 11/1311/2011/27 12/4 12/1112/1812/25 1/1 1/8 1/15 1/22 1/29 2/5 2/12 2/19 2/26 3/5 3/12 3/19 3/26 4/2 4/9 4/16 4/23 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 9/3 9/10 9/17 9/24 10/1 10/8 10/1510/2210/29 11/5 11/1211/1911/26 12/3 12/1012/1712/2412/31 1/7 1/14 1/21
September October November December January February March April May June July August September October November December January
Critical
Critical Split
Critical Progress
Task
Split
Task Progress
Manual Task
Start-only
Finish-only
Duration-only
Baseline
Baseline Split
Baseline Milestone
Milestone
Summary Progress
Summary
Manual Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Deadline
BPL Construction Schedule 7.11.22
Page 2
141
ID Task Name Start Finish
120 Install Storefronts Mon 8/14/23 Fri 8/25/23
121 Flooring Mon 8/28/23 Fri 9/15/23
122 MEP Trim Mon 9/18/23 Fri 9/22/23
123 Install AV Equipment Mon 9/25/23 Fri 9/29/23
124 COB Inspections Mon 10/2/23 Wed 10/4/23
125 Final Clean Mon 10/2/23 Wed 10/4/23
126 Remove Temp Barricades Thu 10/5/23 Thu 10/5/23
127 Install Library Equipment Fri 10/6/23 Thu 10/12/23
128 Owner Turnover Fri 10/13/23 Fri 10/13/23
129
130 Area G North Vestibule Tue 3/28/23 Mon 6/12/23
131 Install Temp Barricades Tue 3/28/23 Tue 3/28/23
132 Demo Wed 3/29/23 Thu 3/30/23
133 Layout Foundations Fri 3/31/23 Fri 3/31/23
134 Excavation Mon 4/3/23 Mon 4/3/23
135 FRP Foundations Tue 4/4/23 Mon 4/10/23
136 Backfill Tue 4/11/23 Wed 4/12/23
137 Place Slab on Grade Thu 4/13/23 Mon 4/17/23
138 Install Store Front Tue 4/18/23 Mon 4/24/23
139 Roof and Closure Framing Tue 4/25/23 Mon 5/1/23
140 MEP and Fire Sprink Rough In Tue 5/2/23 Mon 5/8/23
141 Patch Walls Tue 5/9/23 Mon 5/15/23
142 Painting Tue 5/16/23 Mon 5/22/23
143 MEP Trim Tue 5/23/23 Tue 5/30/23
144 Landscape cleanup and patch Wed 5/31/23 Tue 6/6/23
145 COB Inspections Wed 6/7/23 Fri 6/9/23
146 Final Clean Wed 6/7/23 Thu 6/8/23
147 Owner Turnover Mon 6/12/23 Mon 6/12/23
148
149 Area I AMH Upgrades Fri 4/28/23 Thu 6/22/23
150 Install Temp Barricades Fri 4/28/23 Fri 4/28/23
151 Demolition Mon 5/1/23 Wed 5/3/23
152 MEP Rough In Thu 5/4/23 Wed 5/10/23
153 Patch and Paint Walls Thu 5/11/23 Wed 5/17/23
154 Install Cabinets and Countertops Thu 5/18/23 Wed 5/24/23
155 Patch Ceilings Thu 5/18/23 Wed 5/24/23
156 Patch Flooring Thu 5/25/23 Thu 6/1/23
157 MEP Trim Thu 5/25/23 Thu 6/1/23
158 COB Inspections Fri 6/2/23 Tue 6/6/23
159 Final Clean Fri 6/2/23 Mon 6/5/23
160 Install AMH Equipment Wed 6/7/23 Tue 6/20/23
161 Remove Barricades Wed 6/21/23 Wed 6/21/23
162 Owner Turnover Thu 6/22/23 Thu 6/22/23
163
164 Substantial Completion Tue 3/28/23 Thu 11/30/23
165 Final Work and Punch List Tue 3/28/23 Tue 11/28/23
166 Phase I Tue 3/28/23 Tue 4/11/23
167 Architect Punch Phase I Tue 3/28/23 Tue 3/28/23
168 Request Certificate of Substantial
Completion
Tue 3/28/23 Tue 3/28/23
169 Punch List Execution Wed 3/29/23 Tue 4/11/23
170 Owner Acceptance Tue 4/11/23 Tue 4/11/23
171 Phase II Mon 10/30/23 Tue 11/28/23
172 Architect Punch Phase II Mon 10/30/23 Tue 10/31/23
173 Request Certificate of Substantial
Completion
Tue 10/31/23 Tue 10/31/23
174 Punch List Wed 11/1/23 Tue 11/28/23
175 Owner Acceptance Tue 11/28/23 Tue 11/28/23
176 Training and Closeout Tue 3/28/23 Thu 11/30/23
177 Phase I Draft O&M Manuals for Training Tue 3/28/23 Tue 3/28/23
178 Phase I Training Wed 4/12/23 Thu 4/13/23
179 Phase II Training Wed 11/29/23 Thu 11/30/23
180 Deliver Final O&M Manuals and As Builts Thu 11/30/23 Thu 11/30/23
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September October November December January February March April May June July August September October November December January
Critical
Critical Split
Critical Progress
Task
Split
Task Progress
Manual Task
Start-only
Finish-only
Duration-only
Baseline
Baseline Split
Baseline Milestone
Milestone
Summary Progress
Summary
Manual Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Deadline
BPL Construction Schedule 7.11.22
Page 3
142
Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Professional Services Agreement with Center for Public Safety Excellence for
technical assistance with standards of cover and community risk
assessment.
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign professional services agreement.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City Strategic Plan identifies obtaining fire department accreditation via
the Center for Public Safety Excellence (CPSE) as a goal in section 3.1.f. The
next step in this process is to complete a community risk assessment and
draft a standard of covers document. The fire department is looking to
secure the services of the CPSE Technical Advisory Program (TAP) in the
development of these documents. This work would begin in October of 2022
and conclude by June 2023.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:The cost of these professional services is $39,000 from the Fire Department
budget.
Attachments:
Bozeman MT - CPSE CRA-SOC Statement of Work-
Timeline.pdf
Bozeman MT - CPSE CRA-SOC Proposal.pdf
PSA with CPSE for technical assistance with SOC - CRA.pdf
Report compiled on: September 8, 2022
143
Appendix A: Community Risk Assessment/Standards of Cover Statement of Work
July 29, 2022
Project Steps Step Details Step Timing Step
Responsibility Step Billing
1. Project
Acceptance
Finalized Statement of
Work
Signed Professional Services Agreement
Construction of Shared Site
By Friday,
September 23,
2022
CPSE and
Bozeman Fire
Department
$7,800.00
2. Project Executive
Orientation
Discussion of final SOW and identification
of resources needed for each step
Overview of Shared Web Site
Identification of CPSE and agency project
points of contact
By Friday,
September 30,
2022
CPSE N/A
3. Post Required
Materials to
Shared Site
Agency primary contact information
Agency and community images, including
high resolution agency logo
Agency organizational chart
By Monday,
October 10,
2022
Bozeman Fire
Department N/A
4. CRA/SOC
Instruction Part 1
Onsite tour of agency service area
On-site instruction of the CRA/SOC Modules
1, 2, and 3
Instruction on use of the of the CPSE TAP
CRA/SOC Module Templates
Monday,
October 24,
2022 through
Wednesday,
October 26,
2022
CPSE $7,800.00
5. Invite
Community
Stakeholders
Send invitations to request community
stakeholder participation in the community
stakeholder meeting
By Wednesday,
November 16,
2022
Bozeman Fire
Department N/A
6. Current
Community
Served and Fire
Department
Profile
Agency Upload of CRA/SOC Module 1 & 2
Drafts
Identification of the community served
(Module 1)
History of fire department organization
Existing fire department programs, and
profile of emergency response deployment
and coverage (Module 2)
By Friday,
November 18,
2022
Bozeman Fire
Department N/A
7. Post Required
Materials to
Shared Website
List of community stakeholders
By Monday,
November 28,
2022
Bozeman Fire
Department N/A
8. External
Stakeholder
Meeting and
CRA/SOC
Instruction Part 2
Conduct a feedback session with
community stakeholders
Tour and meeting with the agency’s
emergency communications center
On-site review of agency CRA/SOC Module
1 & 2 drafts
On-site instruction of the CRA/SOC Modules
3, 4, 5, and 6
Wednesday,
November 30,
2022 through
Friday,
December 2,
2022
CPSE $7,800.00
9. Study of
Community
Hazard sand
Risks
Agency Upload of CRA/SOC Module 3 Draft
Community All-Hazard Risk-Assessment
Methodology applied
Emergency Operations Critical Task Analysis
Community Risk Classification and
Categorization documentation
Establishment of operation geographic
planning zones
By Monday,
January 16,
2023
Bozeman Fire
Department N/A
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Appendix A: Community Risk Assessment/Standards of Cover Statement of Work
July 29, 2022
10. Web Meeting
for Module 3
Review
Technical Review of Module 3 Draft
By Monday,
January 23,
2023
CPSE $7,800.00
11. Measurement
of Systems
Performance
Agency Upload of CRA/SOC Module 4 Draft
Geographical analysis of first due and
effective response force emergency unit
distribution, concentration, and reliability
data
Emergency response performance data by
response grid and planning zone
By Monday,
February 27,
2023
Bozeman Fire
Department N/A
12. Web Meeting
for Module 4
Review
Technical Review of Module 4 Draft By Monday,
March 6, 2023 CPSE N/A
13. Evaluation of
Emergency
Response
Delivery
Systems
Agency Upload of CRA/SOC Module 5 Draft
Establishing agency benchmark emergency
response objectives
Establishing agency baseline emergency
response objectives
Establishing emergency response gaps by
risk classification and category of severity
By Monday,
March 27, 2023
Bozeman Fire
Department N/A
14. Web Meeting
for Module 5
Review
Technical Review of Module 5 Draft By Monday,
April 3, 2023 CPSE N/A
15. Systems
Management
and
Improvement
Plans
Agency Upload of CRA/SOC Module 6 Draft
Recommendations for emergency incident
response gap closure and for improved
incident outcomes
Organization continuous improvement
strategies
By Monday,
April 24, 2023
Bozeman Fire
Department N/A
16. Web Meeting
for Module 6
Review
Technical Review of Module 6 Draft By Monday,
May 1, 2023 CPSE N/A
17. Publish Agency
Community Risk
Assessment/
Standards of
Cover
Document
CPSE edit, layout, design, and publishing of
the agency’s Community Risk
Assessment/Standards of Cover Document.
By Monday,
June 12, 2023 CPSE $7,800.00
Acceptance:
City of Bozeman Initials of Authorized Party: Click or tap here to enter text.
Center for Public Safety Excellence (CPSE)
Initials of Authorized Party:
Debbie Sobotka, COO
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Community Risk Assessment/Standards of
Cover Facilitation Proposal
for the
Bozeman Fire Department
300 E. Oak St
Bozeman, Montana 59715
Josh Waldo, CFO
Fire Chief
4501 Singer Court, Suite 180, Chantilly, VA 20151
703-691-4620 - www.cpse.org 146
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CONTENTS
THE CPSE DIFFERENCE .................................................................................................................................. 3
SCOPE ............................................................................................................................................................ 3
PROJECT FRAMEWORK ................................................................................................................................. 4
PROJECT TIMELINE ........................................................................................................................................ 5
DELIVERABLES ............................................................................................................................................... 5
CPSE RESOURCES .......................................................................................................................................... 6
ESTIMATED FEES AND EXPENSES .................................................................................................................. 6
ASSUMPTIONS .............................................................................................................................................. 6
INQUIRIES ..................................................................................................................................................... 7
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THE CPSE® DIFFERENCE
The mission of the Center for Public Safety Excellence® is: “To lead the fire and emergency service to
excellence through the continuous quality improvement process of accreditation, credentialing, and
education.”
By teaching, coaching, guiding, and advising, CPSE’s Technical
Advisor Program® (TAP®) strives to provide agencies the tools to
internalize continuous quality improvement and thereby achieve
excellence.
TAP places great importance on thorough preparation for each project including:
•A clear understanding of the agency’s background, goals and objectives, and the complex issues
they are facing,
•A workplan that is comprehensive, well designed, and provides ample opportunity for analysis
necessary to measure current and future resource needs,
•Sufficient resources and a commitment to successfully complete the project within the desired
time frame at a reasonable cost, and
•Assignment of expert resources in project management and technical support to guide an agency
as they work towards accreditation.
Unlike traditional agency evaluation processes, TAP’s Community Risk Assessment/Standards of Cover
(CRA/SOC) process requires the fire service agency to become the experts in determining baseline
performance and developing benchmarks for future performance. A comprehensive self-assessment,
guided by experienced facilitation and executed by the fire service agency’s committed personnel, will
ultimately translate into improved effectiveness, efficiency, and better quality of services being delivered.
SCOPE
CPSE defines a SOC document as “those written policies and procedures that establish the distribution
and concentration of fixed and mobile resources of an agency.” By conducting a CRA prior to establishing
the SOC, an agency is positioned to develop a risk-driven deployment model. An effective CRA/SOC
process affords an agency’s employees the opportunity to become involved and participate, enhances
teamwork and cooperation, and provides a basis for measuring organizational performance.
The CRA/SOC Facilitation process typically takes six to nine months and includes:
•Four days of detailed instruction on conducting a CRA and developing a SOC,
•Participation in a service area tour, identifying community hazards, risks, and deployment points.
•Meeting with the agency’s emergency communications/dispatching center to discuss the CFAI®
accreditation model performance criteria and the setting of benchmark targets for alarm
handling,
•Coaching in document design layout,
•Instruction in data analysis and the application of geographic information system mapping tools,
•On-going coaching through shared website and web-based meetings, and
•A professionally formatted and published CRA/SOC.
Give a man a fish and you feed him for
a day. Teach a man to fish and you
feed him for a lifetime.
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Expected outcomes include a CRA/SOC that will follow CFAI model competencies as identified in the
CPSE’s Quality Improvement for the Fire and Emergency Services, and as supported in Section 3, Phase 1
of the publication, including:
•Assessment and documentation of the agency’s historic and current area characteristics;
•Assessment and documentation of the agency’s all-hazard risk assessment and response
strategies;
•Assessment and documentation of the agency’s historical and current deployment and
performance;
•Plans for maintaining quality response performance; and
•Recommendations for improving less than satisfactory response capability.
PROJECT FRAMEWORK
CPSE will take a systematic approach to the agency’s CRA/SOC process. The chart below illustrates the
general flow of events for a comprehensive CRA/SOC process:
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PROJECT TIMELINE
There will be eight stages to this project. Once this proposal is accepted, a detailed Statement of Work
(SOW) will be built that addresses the details for these stages, their timing, and the roles that CPSE and
the agency will play in their completion. A sample SOW is provided at the end of this proposal. Once a
signed professional services agreement (PSA) and a finalized SOW is received, CPSE can begin work on this
project within one month and complete the project within another five to eight months for a total project
time of six to nine months.
1.CFAI Accreditation Model (Category 2) Instruction on Community Risk Assessment/Standards of
Cover
2.Current Deployment Analysis
3.Community Risk Assessment
4.Agency CRA/SOC Document Critical Review
5.Distribution/Concentration/Reliability Study
6.Performance/Service Level Measures Development
7.Compliance Methodology Development
8.CRA/SOC Manual Publication
DELIVERABLES
CPSE is responsible for the following deliverables:
1.Statement of Work with project objectives and agreed upon timelines and fee schedule;
2.Shared Web site construction and training for CPSE and agency use;
3.All necessary tables, forms, instruments and modules;
4.Six (6) days of on-site facilitation activity to include;
a.Community stakeholder meeting(s)
b.Two (2) CRA/SOC instructional deliveries to the agency CRA/SOC team members
c.Tour of the service area identifying community risk locations and deployment points
d.Meeting with the agency emergency communications dispatch center to discuss relevant
CFAI model performance elements
5.CPSE Subject Matter Expert feedback on all draft documents;
6.Facilitation of up to six 90-minute CPSE facilitator/agency web meetings for draft document
critical review and/or discussion; and
7.Layout, design, edit and publishing of the agency’s Community Risk Assessment – Standards of
Cover document to include;
a.Professionally designed cover
b.Hyperlinked table of contents
c.Hyperlinked table of tables
d.Hyperlinked table of maps
e.Hyperlinked table of figures
f.Executive summary
g.Documentation of area characteristics
h.Description of agency programs and services
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i.Community all-hazard risk assessment and risk calculation methodology
j.Current deployment and performance by risk class and category
k.Evaluation of historical (3-5 years) deployment by risk class and category
l.Plan for maintaining and improving response capabilities
m.Appendices/exhibits
CPSE RESOURCES
CPSE’s Technical Advisor Program Manager will oversee this project to ensure that the end-result of each
project component has a satisfied client whose expectations are fully met. The community risk
assessment/standards of cover project component will have an assigned Senior Technical Advisor to
facilitate all of the on-site instruction and a Senior Technical Advisor to critically review and guide all
CRA/SOC final module work. A dedicated TAP Technical Support Specialist will ensure that all community
risk assessment/standards of cover materials are professionally prepared. Guiding publications and
instructional workbooks will be provided for the agency’s assigned team members.
ESTIMATED FEES AND EXPENSES
CPSE has estimated the following fees and expenses for this project:
The cost for CPSE to facilitate the development of the Bozeman Fire Department‘s CRA/SOC is $39,000.00.
This proposed cost includes all technical advisor time and travel expenses to facilitate the Community Risk
Assessment – Standards of Cover facilitation process. The facilitation process events will be scheduled
according to the agreed upon Statement of Work. Any additional travel requested and approved by the
Bozeman Fire Department will be billed by CPSE at actual cost and is above and beyond the proposed cost
above.
ASSUMPTIONS
The Bozeman Fire Department is a municipal fire service agency that protects the residents,
businesses, and visitors of Bozeman, Montana.
•Josh Waldo, Fire Chief is the key contact for this project.
•Please provide information regarding specific procurement requirements prior to the issue of a
CPSE Professional Services Agreement.
•The purpose of CPSE’s Technical Advisor Program (TAP) is to coach, mentor, guide, and assist fire
service agencies. Agency representatives will play an active role in developing their community risk
assessment/standards of cover document.
•This proposal is valid for a period of sixty (60) days.
•CPSE and the Bozeman Fire Department will execute a professional services agreement prior to
the start of this project.
•CPSE and the Bozeman Fire Department will execute a statement of work governed by the
professional services agreement prior to the start of this project that will be the sole document to
govern the scope, methods, terms, and deliverables of this project.
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INQUIRIES
Please contact CPSE with any inquiries regarding this proposal:
Brian R Dean, CFO
Technical Advisor Program Manager
4501 Singer Court, Suite 180
Chantilly, VA 20151
Office: (703) 691-4620, ext. 209
Mobile: (407) 919-9862
Email: bdean@cpse.org
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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, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ 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
agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as
Exhibit B and made part of this Agreement. Such responses constitute material consideration for the
City to enter into this Agreement and the responses are material representations regarding the
Contractor’s performance.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
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,
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recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
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
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assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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.
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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 Convenience:
a. Should conditions arise which, in the opinion and discretion of the City or the
Contractor, make it advisable to the other party to cease performance under this Agreement,
either party may terminate this Agreement by written notice to the other party (“Notice of
Termination for Convenience”) with 30 days notice. The termination shall be effective in the
manner specified in the Notice of Termination for Convenience and shall be without prejudice
to any claims that one party may otherwise have against the other.
b. Upon receipt of the Notice of Termination for Convenience, unless otherwise
directed in the Notice, the other party 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 both parties. Parties 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 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,
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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 the Fire Chief 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 Brian Dean 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.
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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).
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
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and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
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.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third 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
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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 June 30, 2023.
32. Force Majeure: Neither party shall not be held responsible for delay or failure to
perform its obligations under this Agreement when such delay in or failure to perform is solely
caused by or results from events or circumstances beyond the Party’s reasonable control, including
but not limited to fire, floods, earthquakes, riot, acts of God or war, civil unrest, major weather
event (e.g., tornado, blizzard, etc.), epidemics, pandemics or outbreak of communicable disease, and
quarantines. Notwithstanding the above, the Parties agree to use reasonable commercial efforts to
avoid or mitigate the causes to minimize the delay or failure to perform and resume work when the
cause is mitigated. The Parties must provide the other with prompt written notice of any delay or
failure to perform that occurs by reason of force majeure. In addition, the Party seeking relief under
this Section must use all commercially reasonable efforts to complete the work. If unable to avoid,
mitigate, or remedy the cause, and if the Party requesting relief under this section desires to
terminate its performance, that Party must notify the other in writing no earlier than 30 (thirty) days
of the Party’s intent to end the work, Nothing herein obviates the non-terminating Party from
seeking reimbursement for costs or expenses from the terminating Party related to this Agreement.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA CENTER FOR PUBLIC SAFETY EXCELLENCE
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
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APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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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 City Manager to Sign First Amendment to Professional Services
Agreement for Parks, Recreation and Active Transportation Plan
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Authorize City Manager to Sign First Amendment to Professional Services
Agreement for Parks, Recreation and Active Transportation Plan
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:On July 13, 2021 the City of Bozeman entered into a Professional Services
Agreement (PSA) with Agency Landscape and Planning LLC for the Parks,
Recreation and Active Transportation Plan (PRAT Plan). The PSA omitted a
wayfinding component described as an add alternate pending grant funding
in the original Request for Proposals because the City's grant proposal was
not awarded.
Since that time, twenty-five thousand dollars ($25,000) was designated by
the Engineering and Transportation Department for this project as a joint
investment in City-wide wayfinding for active transportation. The additional
ten-thousand dollars for wayfinding services comes from remaining PRAT
Plan funding set aside for engagement ($4000) and six thousand dollars
($6000) of grant money committed by the Gallatin Valley Land Trust.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Twenty-five thousand dollars ($25,000) from the Engineering and
Transportation fund will be used for the Wayfinding Services Amendment.
The remaining ten thousand dollars is from previously allocated funding and
a grant from a local partner.
Attachments:
PSA Amendment Agency LP.docx
167
PSA Amendment Agency LP Exhibit A Wayfinding Services.pdf
Report compiled on: September 7, 2022
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks, Recreation and Active Transportation Plan dated July 13, 2021 (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
AGENCY LANDSCAPE AND PLANNING LLC, 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 Term. Section 2of the Agreement is extendedfor an additional six (6) month
period. The Agreement shall terminate on April 30, 2023.
2.Change to Scope of Services. Section 3 of the Agreement is changed to include the
elements described in Exhibit A: Scope of Work for Wayfinding Services.
3.Payment. Section 4 of the Agreement is changed to reflect the additional Scope of
Services. The project cost is not to exceed $191,000.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA AGENCY LANDSCAPE AND
PLANNING LLC
By________________________________By_____________________________
Jeff Mihelich, City Manager Brie Hensold, Principal Planner
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
170
Alta Planning + Design, Inc. City of Bozeman, MT 1
To: Candace Mastel, City of Bozeman
From: Joe Gilpin, Alta
Date: August 23, 2022
Re: Bozeman, MT Wayfinding Scope & Fee
Proposed scope of Work for Wayfinding Services
Total Fee: $35,000
Task 1: Existing Conditions ($5,000)
1.1 Wayfinding strategy
Alta will develop a wayfinding strategy Memo that introduces wayfinding elements and their purpose and provides
guidance on destination selection, sign placement, and sign programming in a way that supports community feedback
already received for the PRAT Plan regarding wayfinding, as well as past planning efforts to date. The wayfinding strategy
memo will equip the city with the ability to plan future wayfinding outside the scope of this project.
1.2 Branding inventory
With the help of local City staff, Alta will take inventory of existing branding and types of signage found along Bozeman’s
trails, roads and bikeways. This inventory will also consider concurrent efforts by the Prime Consultant (Agency Landscape +
Planning) to support synergies between the wayfinding strategy and the development of the PRAT Plan design guidelines.
We will coordinate with City staff to determine which elements should be incorporated as part of the future wayfinding
system. City staff will guide Alta’s work by highlighting both strong and weak examples of existing branding and wayfinding.
Task 1 Assumptions:
•Bozeman City staff will compile a list of community destinations that may be included on wayfinding signage, and
organize them into tiers of regional significance based on guidance provided within the wayfinding strategy memo
•The Prime Consultant will share community feedback and initial recommendations relevant to wayfinding prior to
the start of Task 1
Task 2: Sign Family and Concept ($15,000)
2.1 Establish sign family
Based on the existing conditions analysis and a scan of potential navigational issues, Alta will develop a conceptual family of
up to six (6) sign types, including for on-street bikeways and off-street trails. We will work to align the sign family and
wayfinding strategy with design guidelines developed as part of the PRAT Plan.
First Amendment to Professional Services Agreement for Parks, Recreation and Active Transportation Plan Exhibit A: Scope of Work for Wayfinding Services
171
Alta Planning + Design, Inc. City of Bozeman, MT 2
2.2 Design concept
Alta will conduct a visual preference survey with City staff to determine a direction for the look and feel of the wayfinding
system. Using the results of the visual preference survey, Alta will develop one (1) design concept for each sign type in the
sign family. Alta will make one (1) round of revisions based on consolidated, reconciled comments from City staff and the
Prime Consultant. In addition, Alta will provide the City with editable art files (Adobe Illustrator) for each sign type, which
can then be programmed and printed by the City or a third-party sign shop.
Task 2 Assumptions:
•Before beginning Task 2.2, City staff will confirm the City’s approach for complying with MUTCD standards, which
will influence the concept design
•The City PM will be responsible for disseminating the visual preference survey to City staff and stakeholders
•The City PM will consolidate comments on the design concept from City staff and reconcile any contradictory
comments before delivering to Alta for revision requests
•The design concept will develop graphic layout of the sign panels, and will not address fabrication and installation
specifications
•The Prime Consultant will share community feedback and initial recommendations relevant to wayfinding
following the summer engagement
Task 3: Sign Placement Demonstration ($5,000)
3.1 Sign placement plan and programming
Alta will create a sign placement and programming plan for one (1) priority route (up to 20 signs), identified by City staff, to
demonstrate sign placement and programming. Deliverables will include a KMZ or shapefile showing sign locations as well
as vector art files for each sign along the route (up to 20 signs).
Task 4: Design Intent Drawings ($10,000)
4.1 Design intent drawings
Alta will develop design intent drawings for all signs in the sign family established in Task 2, up to six (6). The deliverable for
this task will be a PDF package of drawings that specifies mounting hardware and materials, as well as other installation
specifications for contractors to fabricate and install the signs per the intended design.
Final Deliverables
•Wayfinding Strategy Memo
•Conceptual wayfinding family of signs with up to six (6) signs
•Visual Preference Survey summary
•One (1) design concept and one (1) round of revisions, including editable art files
•Sign placement plan and programming for one (1) priority route (up to 20 signs) – KMZ or shapefile format for
locations, vector files for individual signs
General Assumptions
•Public Engagement: This scope does not include general public engagement, but will incorporate community
feedback gathered during the PRAT Plan that is relevant to wayfinding
•Stakeholder Coordination: This scope does not include direct coordination between the consultant and
community stakeholders. The City PM will be responsible for soliciting input, if desired, from local stakeholders.
172
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5429 - Creation of Special Improvement Lighting District #773,
27th & Tschache
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5429 - Creation of Special Improvement
Lighting District #773, 27th & Tschache
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:On August 16, 2022 the City Commission adopted Commission Resolution
No. 5428 - Intent to Create Special Improvement Lighting District #773, 27th
& Tschache as per MCA 7-12-4301. The property owner has been noticed of
the public hearing on this date. Creating a lighting district is a requirement of
final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:N/A
FISCAL EFFECTS:The City will pay power bills and maintenance for the lighting district and will
recover costs by billing property owners each year on their City Assessment
bill. It is estimated to cost $17.44 per acre within the district or $251.64
annually for the entire district which is currently one tax lot. Assessments are
payable semiannually.
Attachments:
Resolution 5429-Creation of SILD 773 .doc
Report compiled on: July 27, 2022
173
Page 1 of 4
RESOLUTION 5429
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 773 27TH & TSCHACHE
CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on August 16, 2022, adopted Resolution No.
5428 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 773 (27TH &
TSCHACHE of theCity (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part
43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
described generally therein (the “Improvements”) and paying costs incidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on September 20, 2022, this
Commission conducted a public hearing on the creation of the District and the making of the
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Improvements. The meeting of this Commission at which this resolution was adopted is the first
regular meeting of the Commission following the expiration of the period ended 15 days after the
first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 773 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
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Resolution 5429, Creation of SILD 773
Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20
th day of September, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5429, Creation of SILD 773
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5429 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 773 (27TH &
TSCHACHE); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL
ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on May 10,
2022 and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 20th day of September, 2022.
___________________________________
MIKE MAAS
City Clerk
177
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5433 - Creation of Special Improvement Lighting District #775, S
Lincoln
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5433 - Creation of Special Improvement
Lighting District #775, S Lincoln
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:On August 16, 2022 the City Commission adopted Commission Resolution
No. 5432 - Intent to Create Special Improvement Lighting District #775, S
Lincoln as per MCA 7-12-4301. The property owner has been noticed of the
public hearing on this date. Creating a lighting district is a requirement of
final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $32.00 per acre within the district or $59.52 annually for
the entire district, payable semi-annually.
Attachments:
Resolution 5433-Creation of SILD 775-S Lincoln .doc
Report compiled on: July 27, 2022
178
Page 1 of 4
RESOLUTION 5433
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 775 S LINCOLN CREATING
THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS
AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on August 16, 2022, adopted Resolution No.
5432 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 775 (S Lincoln of the
City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the
“Act”), for the purpose of financing costs of certain local improvements described generally therein
(the “Improvements”) and paying costs incidental thereto, including costs associated with the
creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on September 20, 2022, this
Commission conducted a public hearing on the creation of the District and the making of the
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Resolution 5433, Creation of SILD 775
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Improvements. The meeting of this Commission at which this resolution was adopted is the first
regular meeting of the Commission following the expiration of the period ended 15 days after the
first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 775 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
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Resolution 5433, Creation of SILD 775
Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20
th day of September, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
181
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Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5433 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 775 (S LINCOLN);
CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,
(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution
was duly adopted by the City Commission of the City at a meeting on September 20, 2022 and that
the meeting was duly held by the City Commission and was attended throughout by a quorum,
pursuant to call and notice of such meeting given as required by law; and that the Resolution has not
as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 20th day of September, 2022.
___________________________________
MIKE MAAS
City Clerk
182
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5431 - Creation of Special Improvement Lighting District #774,
Simmental Way
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5431 - Creation of Special Improvement
Lighting District #774, Simmental Way
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:On August 16, 2022 the City Commission adopted Commission Resolution No.
5430 - Intent to Create Special Improvement Lighting District #774,
Simmental Way as per MCA 7-12-4301. The property owner has been
noticed of the public hearing on this date. Creating a lighting district is a
requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The City will pay power bills and maintenance and will recover these costs by
billing property owners each year on their City Assessment bill. It is
estimated to cost approximately $0.052094 per lineal ft or $97.68 annually
for the district, or on an average lineal frontage amount of 312.52 lineal feet
the annual estimated cost would be $16.28, which is payable semiannually.
Attachments:
Resolution 5431-Creation of SILD 774 .doc
Report compiled on: July 27, 2022
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Page 1 of 4
RESOLUTION 5431
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 774 SIMMENTAL WAY
CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on August 16, 2022, adopted Resolution No.
5430 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to
create a special lighting district, designated as Special Lighting District No. 774 (Simmental Way of
the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended
(the “Act”), for the purpose of financing costs of certain local improvements described generally
therein (the “Improvements”) and paying costs incidental thereto, including costsassociated with the
creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on September 20, 2022, this
Commission conducted a public hearing on the creation of the District and the making of the
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Resolution 5431, Creation of SILD 774
Page 2 of 4
Improvements. The meeting of this Commission at which this resolution was adopted is the first
regular meeting of the Commission following the expiration of the period ended 15 days after the
first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 774 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
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Page 3 of 4
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20
th day of September, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Resolution 5431, Creation of SILD 774
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5431 entitled: A RESOLUTION OF THECITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 774 (SIMMENTAL
WAY);CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,
(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution
was duly adopted by the City Commission of the City at a meeting on September 20, 2022 and that
the meeting was duly held by the City Commission and was attended throughout by a quorum,
pursuant to call and notice of such meeting given as required by law; and that the Resolution has not
as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 20th day of September, 2022.
___________________________________
MIKE MAAS
City Clerk
187
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Interim Community Development Manager
SUBJECT:Gran Cielo - Cielo Way and S. 27th Ave. Zone Map Amendment to Rezone
Approximately 4.3 Acres from R-3 (Residential Medium Density District) to R-
4 (Residential High Density District) Including Adjacent Street Right of Way
Northwest of the Intersection of Cielo Way and S. 27th Avenue, Application
22117
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended 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 22117
and move to recommend approval of the Gran Cielo - Cielo Way and S. 27th
Ave Zone Map Amendment, with contingencies required to complete the
application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Project Summary
The site is vacant. A subdivision of the site has been approved but not yet
filed. The change in zoning affects only a part of the subdivision. Surrounding
property to the west and south is zoned as R3, R5, and approved for REMU
to the east upon completion of annexation. A public street or alley will
separate property with different zoning. For more information see the
attached staff report.
Application materials are available in the Laserfiche archive.
UNRESOLVED ISSUES:None.
ALTERNATIVES:See attached staff report.
FISCAL EFFECTS:None.
Attachments:
188
22117 Gran Cielo Ph 2 ZMA Staff Report CC.pdf
Ordinance 2123 Gran Cielo - Cielo Way ZMA.pdf
Gran Cielo PH II Zone Map Amendment_07.18.2022.pdf
Report compiled on: August 10, 2022
189
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22117 Staff Report for the Gran Cielo - Cielo Way and S. 27th Ave. Zone Map
Amendment
Public Hearing: Community Development (Zoning Commission) meeting is on August
15, 2022
City Commission meeting is on September 20, 2022
Project Description: Amendment of the City Zoning Map to rezone approximately 4.3
acres from R-3 (Residential Medium Density District) to R-4 (Residential High
Density District) including adjacent street right of way.
Project Location: Northwest of the intersection of Cielo Way and S. 27th Avenue. The area to be zoned includes portions of the adjacent streets.
Recommendation: Meets standards for approval.
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 22117 and move to recommend approval
of the Gran Cielo - Cielo Way and S. 27th Ave Zone Map Amendment, with
contingencies required to complete the application processing.
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 22117 and move to provisionally adopt Ordinance
2123 the Gran Cielo - Cielo Way and S. 27th Ave Zone Map Amendment.
Report: September 7, 2022
Staff Contacts: Chris Saunders, Community Development Manager
Lance Lehigh – Engineer III
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
Application materials are available through the City’s Community Development web viewer.
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Unresolved Issues
None identified at this time.
Project Summary
The site is vacant. A subdivision of the site has been approved but not yet filed. The change
in zoning affects only a part of the subdivision. Surrounding property to the west and south is
zoned as R3, R5, and approved for REMU to the east upon completion of annexation. A
public street or alley will separate property with different zoning.
Community Development Board (Zoning Commission)
The Community Development Board acting in their role as the Zoning Commission
conducted a public hearing on this application on August 15, 2022. No public comment was
received. The Board voted 5-0 to recommend approval. The video recording of the meeting is
available through the City’s website. Discussion on this item begins at 2:24:00 in the
recording.
Alternatives
1. Recommend approval of the application;
2. Recommend denial of the application based on the Community Development Board’s
findings of non-compliance with the criteria contained within the staff report; or
3. 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.
Public Comment
No written public comment has been received at this time. Received written public comment
will be available through the Laserfiche archive.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) .................................................... 2
Alternatives ......................................................................................................................... 2
Public Comment.................................................................................................................. 2
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SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
Zone Map Amendment ....................................................................................................... 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7
Spot Zoning Criteria ......................................................................................................... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 16
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 16
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 19
FISCAL EFFECTS ................................................................................................................. 19
ATTACHMENTS ................................................................................................................... 19
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SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map
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Map 2: Project Vicinity Map with Existing Zoning designations
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Map 3: Applicant Boundary Map
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. None. The applicant has provided all necessary information and no contingencies are
required.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. 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 Zoning Commission held a
public hearing on this ZMA on August 15, 2022 and forwards a favorable recommendation
to the Commission on the Zone Map amendment. The meeting began at 6 p.m. and was held
at City Hall at 121 N. Rouse Avenue.
The City Commission will hold a public hearing on the zone map amendment on September
20, 2022, at City Hall, 121 N. Rouse Avenue in the City Commission chambers and will also
be available for streaming through the City’s website. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory board 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.
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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 mitigate negative impacts are
incorporated throughout the entire 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.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The application was initially submitted on March 23, 2022. On November 17,
2020, the City Commission adopted a new growth policy, the Bozeman Community Plan
2020, (BCP 2020) which replaced the prior growth policy. The following review examines
the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. 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
to be accordance with a growth policy. Additional details about the growth policy are
available in Appendix B.
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 Chapter 3 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 property is designated as Urban Neighborhood. The Urban Neighborhood designation
description reads:
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“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 entire future land use map is available through the Community Development Viewer on
the City’s website. 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. The full
table is provided in Appendix B.
Based on the proposed R4 zoning districts’ proper correlation with the future land use map
category of Urban Neighborhood as an implementing district, the zone map amendment is in
accordance with the future land use map.
For further discussion of the application of the growth policy to the zoning amendment
criteria see the discussion under individual criteria below.
On p. 72 in discussion of justifications for adopting a zone map amendment four example
reasons are provided. These include:
d. An owner requests the change and the request meets required standards.
For this application justification d is applicable as the owner has requested the change. This
report evaluates the amendment criteria and finds that they have been met. Therefore, the
application is in accordance with this section of the BCP 2020.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. The zone map amendment is found to both be in accord with the
Bozeman Community Plan 2020 and implement the plan. Staff has found no conflict between
the proposed zone map amendments and the Bozeman Community Plan 2020 and have found
accordance between the amendment and the plan.
N-2.2 Revise the zoning map to support higher intensity residential districts near schools,
services, and transportation.
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N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.
The change to R4 provides for a wider range of housing types and more intensive development.
This is consistent with the two objectives listed above. Therefore, staff concludes that the
application is in accordance with the growth policy as a whole.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Water mains are in S. 27th Ave. and other adjacent right of way to provide
water for firefighting. The site is presently vacant. Emergency services have ready vehicle
access to the site. Future development of the property will be required to conform to all City
of Bozeman public safety, building, zoning, and other land use requirements, which will
ensure this criterion is met.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
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, architectural
design, and other features of the City’s development standards also advance the general
welfare. Compliance with the BCP 2020 as described in Criterion A, shows advancement of
the well-being of the community as a whole. See also Criteria B and D.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public
requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Criteria
B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
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The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. For example, the sewer and park facility
plans are now in the process of being updated. The City updates 2-3 plans each year to keep
current with community needs. The adopted plans allow the City to consider existing
conditions; and identify enhancements needed to provide service to new development. See
page 19 of the BCP 2020 for a listing. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction for infrastructure. Private development must
demonstrate compliance with standards prior to construction. Dedication of school facilities
is not required by municipal zoning standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development/redevelopment is proposed. Adequacy of all these public requirements is
evaluated during the subdivision and site development process. All zoning districts in
Bozeman enable a wide range of uses and intensities. At the 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.
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.
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.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). The specific needs for
public requirements will be assessed during development review when the details of
development are known to ensure adequacy of public requirements. At this time, the facility
plans and Infrastructure Viewer show utility services to the site.
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A large park was provided with the first phase of the subdivision in which this application is
located. Park services are therefore already in place to support future residents.
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 R4 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and onsite open
space requirements, maximum building height, and other requirements. The site is also
located with existing or future public streets/alley on four sides which provide physical
separation from adjacent development and provide for access to light and air.
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 or an equivalent 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 neutral. The site is bounded by S. 27th Ave., Bennet Blvd, Cielo Way, and S. 28th
Ave. S. 27th Ave is a collector street and the rest are local streets. The existing street grid
serves the larger area and connect to Stucky Rd and Graf St, also collector streets. The
requested change in zoning will not immediately impact the motorized and non-motorized
transportation systems as the change does not authorize any actual construction.
The specific future land uses for the site are not yet known are expected to be a variety of
residential uses.
In any case, development of the property is required to comply with transportation-related
standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks,
and improvements to the transportation network.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan 2020 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)
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The City’s future land use map designates the properties as Urban Neighborhood. This
designation is implemented by several zoning districts including the R4 district proposed by
the applicant. The zoning 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 designation and correlated zoning districts in the plan and proposed by
the applicant, the zone map amendment would promote compatible urban growth. Any future
development must comply with the building, site design, and other standards adopted to
avoid or mitigate impacts of development. This supports compatible urban growth.
Also see the discussion in (H) below.
H. Character of the district.
Neutral. 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. 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 the proposed
R4 district to be compatible with adjacent development and the overall character of the
surrounding area. The site and most of the adjacent area are undeveloped but planned and
zoned for similar residential uses as allowed in the R4 district.
I. Peculiar suitability for particular uses.
Neutral. Detailed future uses for construction on the site are not available at this time.
However, the uses authorized in the R3 (existing) and R4 (proposed) zoning districts can be
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seen in 38.310.030 allowing a ready comparison. Very similar uses are allowed in both
districts. Therefore, no difference is expected relevant to this criterion.
J. Conserving the value of buildings.
Criterion met. There are no buildings presently on the site. The values of surrounding
buildings are unlikely to be impacted to a measurable degree as the site is developed
according to the proposed R4 district over time. The surrounding approved and existing
zoning are all included in the range of residential districts. The public streets provide a
physical separation between the proposed R4 and adjacent property.
The growth policy in discussing Criterion H, Character of the District, states:
“At a minimum, zoning boundaries should follow property boundaries. The greater the
physical separation, the less likely there may be a conflict. For example, a local street,
typically 60 feet wide, when combined with the standards for site development, is
generally considered an adequate separation—even for substantially different districts.”
Considering the factors identified above, staff finds this criterion to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. As stated above, the Bozeman Community Plan 2020 illustrates the most appropriate
use of the land through the future land use map. This application complies with the BCP 2020
by proposing a zone map amendment of a district that continues to implement the future land
use map designations. The Unified Development Code contains standards, protections and
review processes to ensure the land is developed in ways that are appropriate to a site’s context
and according to the BCP 2020.
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?
Criterion not met. This criterion includes the modifier ‘significantly.’ It is not prohibited to
have uses that are different. To satisfy this criterion, the reviewer must demonstrate a
‘significant difference.’ As an example, in the Plains Grains LP case the change was from
Agricultural to Heavy Industrial; and in the Little case the zoning was commercial which
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zoning was in conflict with the planned residential uses shown in the growth policy and
existing in the surrounding area.
The area is recently annexed and is not yet developed with urban uses. Therefore, a set of
prevailing uses is not yet established. The uses authorized in the R3 and R4 zoning districts
can be seen in 38.310.030 allowing a ready comparison. Both districts allow quite similar
range of uses. R4 does provide for a few additional residential uses and some non-residential
uses not allowed in R3. R4 is less expansive than the REMU district allowed non-residential
uses. REMU is approved to the east so the R4 provides a transition between more and less
intensive uses.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion met. The application is submitted by one landowner. Division 38.260 Part 2
describes the process to request a zone map amendment and its review. Section 38.260.100
explicitly authorizes an individual landowner to initiate a zone map amendment. The BCP
2020 also discusses the initiation of zone map amendments. On page 72, the needed
justification for a zone map change is discussed. It states that landowner preference, when
coupled with compliance with the criteria established in statute, is sufficient to justify an
amendment.
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?
Criterion not met. While only one landowner owns the property subject to the zone change,
there is no reason to believe the amendment would come at the expense of surrounding
landowners or the general public. As described elsewhere in this report the uses allowed with
the requested zoning is similar to other districts already in place or approved nearby.
Infrastructure to support the uses is also very similar. To the contrary, the BCP 2020 is an
expression of the public’s desires for different types and scales of urban development
throughout the City. The proposed zoning aligns with Table 4 of the BCP 2020, and therefore
would be to the benefit of the general public.
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.
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The City will accept written protests from property owners against the proposed
zoning amendments referred to in this notice 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 (including the application number, 22117); 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 of the application and public hearings was published in the Bozeman Daily Chronicle
on July 17 and July 24, 2022. Notice was sent via first class mail to adjacent landowners on
July 15, 2022 and posted on the property on July 15, 2022. No oral comment was received at
the Community Development Board public hearing.
Received written public comment will be made available through the Laserfiche archive.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations:
The property’s growth policy designations on the Future Land Use Map of the Bozeman
Community Plan 2020 (Growth Policy) is Urban Neighborhood.
“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,
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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 a zone map
amendment to R4 (Residential High Density District). The following are the stated intent and
purpose of this district:
Residential high density district (R-4). The intent of the R-4 residential high density district
is to provide for high-density residential development through a variety of housing types
within the city with associated service functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents. Allowing
office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial
districts, and/or served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
The following figure from the BCP 2020, with a red box indicating the applicability of this
proposed ZMA, illustrates how the proposed R4 district correlates with the Regional
Commercial and Services designation of the Future Land Use Map:
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Bozeman Haus II LLC, 15267 SE Rivershore Drive, Vancouver WA 98683
Applicant/Representative: Madison Engineering, 895 Technology Blvd, Ste. 203, Bozeman
MT 59718
Report By: Chris Saunders, Community Development Manager
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.
Application materials are available through the City’s Community Development web viewer and
Laserfiche archive.
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Ord 2123
Page 1 of 6
ORDINANCE 2123
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO AMEND 4.279
ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4
(RESIDENTIAL HIGH DENSITY DISTRICT), THE GRAN CIELO – CIELO WAY AND
S. 27TH AVE ZONE MAP AMENDMENT, APPLICATION 22117
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on August 15, 2022, the
Bozeman Community Development Board in their capacity as the Zoning Commission
recommended to the Bozeman City Commission that application No. 22117, the Gran Cielo –
Cielo Way and S. 27th Ave Zone Map Amendment, be approved as requested by the applicant; and
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WHEREAS, after proper notice, the City Commission held its public hearing on
September 20, 2022, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
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requested R-4 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22117 the Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment have been
satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
R-3 (Residential Medium Density District) to R-4 (Residential High Density District):
A tract of land being a portion of the remainder of Tract 4 OF C.O.S. NO. 2725
Per Gran Cielo Subdivision Phase 1a, Located In The Northwest One-Quarter Of Section
23, Township 2 South, Range 5 East, P.M.M. City Of Bozeman, Gallatin County, State Of
Montana, more particularly described as follows;
• BEGINNING AT A 2" ALPINE ALUMINUM CAP AT THE NORTHEAST
CORNER OF TRACT 4 OF COS 2725
• THENCE S 01°27'30" W, A DISTANCE OF 189.86' TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE NORTHEAST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
• THENCE S 31°39'21" E, A DISTANCE OF 101.25', TO A 2" ALPINE ALUMINUM
CAP;
• THENCE 173.39' ALONG A CURVE CONCAVE TO THE SOUTHWEST, WITH A
RADIUS OF 300.00', A DELTA ANGLE OF 33°06'51", A CHORD BEARING OF S
15°05'56" E, AND A CHORD LENGTH OF 170.98, TO A 2" ALPINE ALUMINUM
CAP;
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• THENCE S 01°27'30" W, A DISTANCE OF 230.22' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 200.36’ TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 380.00' TO A CALCULATED
POSITION;
• THENCE N 88°42'01" W, A DISTANCE OF 175.00' TO A CALCULATED
POSITION;
• THENCE N 01°17'59" E, A DISTANCE OF 450.89' TO A CALCULATED
POSITION;
• THENCE S 89°15'48" E, A DISTANCE OF 224.91' TO THE POINT OF
BEGINNING,
Containing An Area Of 186,372 Square Feet, 4.279 Acres, all as shown on the attached
exhibit map.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 5 of 6
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 20th day of September, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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Ordinance No. 2123, The Gran Cielo – Cielo Way and S. 27th Ave Zone Map Amendment
Page 6 of 6
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
214
LOT 6 LOT 15
CITY PARK
LOTS 1-8
BLOCK 15
2.685 ACRES
116,980 S.F.
CURRENT
ZONING: R-3
PROPOSED
ZONING: R-4
S 27TH AVEEXHIBIT AMADISON ENGINEERING
895 TECHNOLOGY BLVD, SUITE 203
BOZEMAN, MT 59718
PHONE (406) 586-0262 FAX (406) 586-5740
GRAN CIELO - CIELO WAY AND
S. 27TH AVE. ZONE MAP
AMENDMENT
1 inch =
0
SCALE
80
1604080
GRAN CIELO PH II BLOCK 15 LEGAL DESCRIPTION:
LEGEND
ZONE MAP
AMENDMENT
R-4
PROPOSED ZMA
BOUNDARY
LOT 1
0.145 AC.
6323 SF
LOT 2
0.113 AC.
4922 S.F.
LOT 3
0.113 AC.
4925 S.F.
LOT 4
0.113 AC.
4928 S.F.
LOT 5
0.113 AC.
4932 S.F.
CIELO WAYALLEYALLEY
BENNETT BOULEVARD
S 27TH AVES 28TH AVELOT 6
0.240 AC.
10440 S.F.
LOT 7
0.272 AC.
11867 S.F.
LOT 8
1.576 AC.
68643 S.F.
CIELO WAY
S 28TH AVEZONE MAP
AMENDMENT
R-4
215
Memorandum
REPORT TO:City Commission
FROM:Lynn Hyde, Development Review Planner
Brian Krueger, Development Review Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Public Hearing for The Lofts on Beall Conditional Use Permit (CUP) to Allow
Townhouses (with at least 5 attached units) within the Community Business
(B-2) Zoning District, Application 22010 (Quasi-Judicial)
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Recommended City Commission Conditional Use Permit 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 22010 and move to approve the
University Crossing Conditional Use Permit subject to conditions and
applicable code provisions.
Recommended City Commission Site Plan 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 22010 and move to approve the
University Crossing Site Plan permit subject to conditions and applicable
code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The Site Plan (SP) application is proposing 11 townhouse units to be
developed on a lot within the B-2 zoning district. The units are split between
two buildings: one building has 6 units and one building has 5 units. The
Applicant has requested no departures.
In order to allow townhouses in the B-2 zoning district, the units must be
configured with at least 5 attached units, and receive a conditional use
permit (CUP). The City Commission is reviewing and providing a
recommendation on the CUP as well as the Site Plan. As presented, the Site
Plan approval is contingent upon a favorable recommendation on the CUP.
216
Due to the large volume of files, the application is not attached, instead,
please navigate to the link below to view all submitted documents.
https://weblink.bozeman.net/WebLink/Browse.aspx?
id=258850&dbid=0&repo=BOZEMAN
UNRESOLVED ISSUES:There are no identified unresolved issues at this time. As is standard, there
will be conditions of approval prior to final site plan approval.
ALTERNATIVES:1. Approve the application with modifications to the recommended
conditions and modifications to the report findings;
2. Deny the application based on the City Commission's findings of non-
compliance with the applicable criteria contained within the staff report; or
3. Open and continue the review on the application with the concurrence of
the applicant, with specific direction to staff or the applicant to supply
additional information or to address specific items.
FISCAL EFFECTS:There are no identified fiscal impacts at this time.
Attachments:
22010 Loft on Beall SP & CUP CC SR FINAL.pdf
Report compiled on: August 31, 2022
217
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 1 of 22
Application No. 22010 Type Site Plan & CUP
Project Name Lofts on Beall SP & CUP
Summary Site Plan & Conditional Use Permit (CUP) application for an infill development consisting of two buildings, one building has 6, two-bedroom rowhouses, and the second has 5, three-bedroom rowhouse units for a total of eleven dwelling units. Rowhouses are allowed in the B-2 zoning district if they are configured with at least 5 attached units, and receive a Conditional Use Permit (CUP). Required infrastructure, parking and open spare are proposed. The City Commission will hold a public hearing for the CUP on September 20th and provide a decision on the CUP and Site Plan.
Zoning Commercial Business District (B-2)
Growth Policy Community Commercial Mixed Use Parcel Size 31,363 sf, or 0.72 acres
Overlay District(s) NA
Street Address 1608 West Beall St., Bozeman, MT 59715
Legal Description Kirk 2nd Sub, Block 3, Lot 2, Plat F-37, S12, T02 S, R05 E
Owner DCI Financial Services, LLC, 8004 Gallery Way, Mckinney, TX 75072
Applicant Shay Myers, Solstice Design Build LLC, PO Box 712385, Salt Lake City, UT 84171
Representative Shay Myers, Solstice Design Build LLC, PO Box 712385, Salt Lake City, UT 84171
Staff Planner Lynn Hyde Engineer Alicia Paz-Solis
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
9/4/2022 – 9/21/2022 9/4/2022 9/4/2022 9/4/2022 & 9/11/2022
Advisory Boards Board Date Recommendation
Development Review Committee 8/17/2022 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below.
Decision Authority City Commission Date: 9/20/2022
Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
218
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 2 of 22
RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development.
1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of
approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code
(BMC) or State law.
2. City of Bozeman Resolution 5076, Policy 1 - 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) on City standard form for the
following:
a. Street improvements to 15th Avenue between Main Street and Durston Road including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Main Street between 19th Avenue and 7th Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Beall Street between 19th Avenue and 15th Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at 15th Avenue and Beall Street including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at 15th Avenue and Main Street including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at 15th Avenue and Durston Road including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Beall Street and 19th Avenue including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements to Main Street and 19th Avenue including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
a. Intersection improvements to Main Street and 11th Avenue including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements to Main Street and 7th Avenue including lighting, signalization/channelization, paving,
curb/gutter, sidewalk, and storm drainage.
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 combination thereof. The applicant must provide a copy of the filed SID waiver prior to Site Plan
approval.
Code Requirements
1. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval.
2. BMC 38.420.030 - The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval.
219
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 3 of 22
3. BMC 38.410.060.C.1 – The proposal provided a 10’ public utility easement language and a 30’ utility and access agreement
and easement which was found to be sufficient by the Engineering Department. Approval is pending submission and review
of the owner executed easement inclusive of the pending public utility easement exhibit as noted in the concept review
comments narrative.
4. BMC 38.230.110.F Conditional Use Permit general requirements. 1. The right to a use and occupancy permit is contingent
upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. All of the
conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors
or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be
recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits,
final plan approval or commencement of the conditional use. The conditional use permit document required in subsection 2
must be recorded on the property prior to final CUP approval.
220
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 4 of 22
Figure 1: Location & Current Zoning Map
221
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 5 of 22
Figure 2: Location – Greater Vicinity
222
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 6 of 22
Figure 3: Growth Policy Map
223
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
Page 7 of 22
Figure 4: Proposed site plan
224
City Commission Staff Report
Lofts on Beall St Site Plan & Conditional Use Permit
Application 22010
September 09, 2022
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Figure 5: Landscape Plans
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Figure 6-9: Conceptual Renderings & Colored Elevations
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Community Commercial Mixed Use Yes, with Conditional Use Permit Zoning B-2, Community Business District Yes, with Conditional Use Permit Comments: Growth Policy: Community Commercial Mixed Use: 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 encouraged. The proposal supports the goal of higher density contemplated by the CCMU land use designation. Due to the lack of commercial on the site, a Conditional Use Permit is required which allows the Commission to review the nuances of the site, and determine if an entirely residential project is appropriate at this location. Zoning District: Community Business District: The Community Business district (B-2)’s intent is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of the districts. The proposed use supports the goal of rowhouses close to retail and service functions. While the Site Plan is proposing entirely residential there are adjacent commercial services to service the proposed rowhouses and future residents. The Commission will determine if the use is appropriate at the site, based on the nuances of the site and proximity of other services. The B-2 zoning district allows CUP’s as a route to permit entirely
residential projects on the site, acknowledging that while it may not be appropriate district wide, some sites may be appropriate to be fully residential. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership Yes, with future submittal
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Comments: A separate Condominium Review (CR) is required to create condominiums.
3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations NA Comments: There are no current violations on the subject property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes
Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The site plan criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, building materials and character are compatible to the immediate environment of the site and neighborhood. The approval of the site plan is contingent upon a favorable motion from the Commission for the Conditional use Permit. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 Yes
Comments: Pursuant to BMC Table 38.310.040.C, a Conditional Use Permit (CUP) is required for rowhouses/townhomes in the B-2 zoning district and they are only allowed if they are attached with at least 5 units. See section 11 for additional discussion on the review of the CUP. The City Commission will hold a public hearing on September 20th to hear public comment and provide a decision on the CUP request. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Rowhouse dwelling Yes, with Conditional Use Permit Form and intensity standards 38.320 Zoning: B-2, Community Business District
Setbacks (feet) Structures Parking / Loading Yes
Front (Refer to block frontage) NA
Rear 20’ NA
Side 5’ NA Alley NA NA Comments: The proposed rowhouse dwellings are allowed if they are provided with at least 5 attached units, and receive a Conditional Use Permit (CUP). Refer to Section 11 for additional discussion on the review of the CUP. The proposed setbacks meet the minimum requirement. Lot coverage 32% Allowed: 40% Yes
Building height 34’ (pitch up at 12:12) Allowed: <3:12 – 36’ >3:12 – 46’ Yes
Comments: The residential buildings roof pitch alternates between 4:12 and 12:12 and are below the maximum height limit of 46’ for roofs pitched over 3:12.
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Application 22010
September 09, 2022
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Applicable zone specific or overlay standards 38.330-40 NA Comments: There are no applicable zone specific or overlay standards. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria.
Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Yes
Comments: The project is in compliance with the supplemental use criteria for townhouse and rowhouse dwellings. The units provide pedestrian access directly to a right of way and vehicular access via an internal drive that meets the minimum width adopted by the city. The proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials. The project proposes adequate usable space next to each unit, refer to Section 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) below for additional discussion on open space. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA
Comments: No affordable housing or wireless facilities are proposed with this site plan.
6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes, with Conditions Level of Service 38.400.060 NA Transportation grid adequate to serve site Yes
Based on the anticipated peak hour trips (as determined using the Institute of Transportation Engineers Trip Generation Manual, 10th ED), the Engineering Department waived the requirements for a Transportation Impact Study for this site plan. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads and the aged sidewalks along West Beall St will be replaced. In addition, pedestrian pathways are proposed along the internal drive so all units in the southern building that don’t have direct right-of-way access can safely reach the public right-of-way (see Figure 3). Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes
Comments: Vehicular access is provided via West Beall St to the north. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA
Public transportation 38.400.120 NA
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Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project.
6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 NA Comments: NA Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA
Comments: NA
If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
NA
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes, with code requirement Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement
Comments: A Water Design Report was prepared by WGMGROUP, dated May 2022. The Water Design
Report was reviewed and approved by the City for the proposed project. A new water main extension will be
built south into the project site and will be 8-inches diameter and connect into the existing 12-inch main that
runs east to west within West Beall St. The applicant has provided draft language for a 30-foot sewer and
water access easement and agreement that was reviewed by the Engineering Department and found
acceptable. Prior to final plans approval, the easement will need to be signed and recorded. See Code
Requirement 3.
There is a historic agricultural irrigation ditch that runs along the southern border of the property. The applicant
reached out to the ditch owners, Farmers Canal Co. who confirmed, to the best of their knowledge, that the
ditch has not been used for the last fifteen years. However, they [Farmers Canal Co.] were unwilling to state
that the ditch, or water use has been ‘abandoned’, as that is a legal determination that requires a “showing
of both non-use over a period of time as well as intent to abandon.” Thus the applicant is providing an
easement where the ditch adjacent or touching their property. The applicant has provided draft language that
was reviewed by the Engineering Department and found acceptable. Prior to final plans approval, the
easement will need to be signed and recorded. See Code Requirement 3.
The eastern portion of this property is part of the Bozeman Solvent Site, which has active environmental
remediation under the oversight of the Montana Department of Environmental Quality (MDEQ) due to impact
from a previous dry cleaner that formerly operated at the adjacent shopping center. As part of the remediation,
groundwater monitoring wells, vapor extraction wells, and soil gas probes were previously placed on the
southeastern corner of this property (see image below). When the most recent set of monitoring wells were
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Application 22010
September 09, 2022
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installed, the City received an access agreement for the wells. No work is proposed that will affect the integrity
of the existing wells. The applicant provided a copy of the Trench/Excavation Ventilation Permit for the
Bozeman Solvent Site Area from MDEQ.
The CILWR is estimated to be $8,184. The final amount owed must be approved and paid prior to final site plan approval.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: The proposal submitted a Stormwater Management Design Report, prepared by WGMGROUP, dated May 2022. The report was reviewed and found sufficient by the Engineering Department. The proposed storm water management system consists of valley gutter, catch curb, stormwater inlets, stormwater conveyance pipes, and an underground Contech infiltration chamber system located beneath the five additional parking spaces near the east portion of the site. Watercourse setback 38.410.100 NA
Watercourse setback planting plan 38.410.100.2.f NA
Comments: NA
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A 0.26 ac. Yes
Cash donation in lieu (CIL) 38.420.030 Yes
Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the
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criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This proposal is required to provide 0.26 acres of parkland, which is valued at $2.30 per square foot, totaling $26,048.88. This CIL is required to be paid prior to final plan approval per Code Requirements Number 2. Park Frontage 38.420.060 NA
Park development 38.420.080 NA
Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing Cash-in-Lieu of Parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Mixed /Landscape block frontage Yes
Departure criteria None NA
Comments: The project faces West Beall Street to the north, which has a mixed block frontage classification. The applicant has chosen landscape as the bock frontage standard.
Building placement: All buildings are meeting minimum 10’ building setback along the Landscape block frontage designations.
Building entrances: The buildings have entrances facing the streets.
Façade transparency: The northern building is required to meet the transparency requirement which is at least 15% of the entire façade. The northern building is meeting this requirement with 26.1% glazing being provided.
Weather Protection: All building entrances have provided weather protection of at least 3’ in depth.
Parking location: All parking is located to the side, on street, or within garages.
Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building.
Sidewalk width: The proposal includes a 5-foot sidewalk along West Beall St. In addition, the northern building’s western façade has an internal walkway adjacent to a residential unit. The applicant has proposed a 4 to 7 foot landscape bed to act as a transition. Staff has found this transition design adequately protects the privacy and comfort of the residential unit, and maintains the usefulness of the walkway. The length of this residential adjacency is less than 50’, and only has one residential window adjacent to the pathway (there is also an entrance to the unit as well as a garage).
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7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040
Yes
Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the rights of way. The additional requirements for ‘relationship to adjacent properties’ are not applicable to this site plan as the proposed development is adjacent to commercial zoning districts. The southern building has units whose only solar access comes from the rear property line, and those units are set back greater than 15 feet from the rear property line, thus satisfying 38.520.030.C. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050
Yes
Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes
Total required 1,842 sf Yes Total provided 2,675 sf Yes Comments: In addition to the requirements within 38.520.060, this proposal is required to meet the open space criteria for Townhouse and Rowhouse dwellings found in the supplemental criteria, 38.360.250. Townhouses and rowhouses must provide open space at least equal to ten percent of the building living space. The required open space is being provided through private front and back yards. The private space adjacent to the buildings are meeting the minimum dimensions of 12 feet on all sides. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: The service areas are located to provide safe and convenient use while minimizing any adverse effects and protect residential uses. They are appropriately screened and landscaped. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes
Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed buildings are meeting the massing and articulation requirements, as well as the supplemental criteria for townhomes and rowhouses. The buildings provide façade articulation at a cadence of approximately every 22 feet with change in material, change in windows, change in roofline, and entries with weather protection features. As discussed previously, the proposed design implements a variety of architectural features to achieve “repetition by variety” including, changing roofline, building articulation at a cadence equal to the width of the units, change in window size and placement, and change in building materials.
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 27 Reductions residential 38.540.050.A.1.b NA
Parking requirements nonresidential 38.540.050.A.2 NA
Reductions nonresidential 38.540.050.A.2.c NA
Provided off-street 27 Provided on-street 2 Bicycle parking 38.540.050.A.4 >22 Yes Comments: Parking is provided with a combination of garage spaces (17), stacked driveway spaces (5) and surface parking along the internal drive (5). There are also on-street spaces provided outside of the vision triangle (2). Bicycle parking is provided within the garages.
Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: No loading berths are required or proposed for this site plan.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes
Residential adjacency NA
Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along West Beall St. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA
Proposed SF/building NA Comments: No signs are proposed with this site plan. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the Site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 NA
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Wetland regulations 38.610 NA Comments: There are no mapped or suspected wetlands or floodplains.
9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: The public notice period ran from September 4th until September 20th, 2022 with newspaper legal advertisements on September 4th and September 11th. No public comments had been received at the time this report was written. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: Required easements for vehicular and pedestrian use, as well as utilities have been adequately provided and reviewed. All easements must be recorded prior to final Site Plan approval.
11. Review Criteria for Conditional Use Permits (Section 38.230.110) Meets Code
The site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity.
Yes
Comments: The site is adequate in size and topography for the proposed two rowhouse buildings. The site is relatively smaller (at approximately three quarters of an acre) than typical commercial sites currently seen under development in the City of Bozeman. There is adequate space for amenities required for rowhouse buildings. As discussed in Section 6b, the southeastern corner of the lot has monitoring wells that limits some of the activities and construction that can take place on the lot. The small size of the lot, along with existing development constraints (historical agricultural ditch and monitoring wells) limits the types of infill that can be realized on the lot. The proposed use of rowhouses are consistent with the community’s development pattern, which is a diverse mix of users. The below image shows the existing Land Use in the area surrounding the property. The blue star is marking the subject property. The red color is identifying commercial uses, including the mall to the south. The brightest yellow is single-household residential, the green/yellow is multi-household residential, the peach is duplex/triplex residential, the blue is church, and the green to the east is school/education facility. The site is located amongst a diverse mix of uses with a mix of single, two/three households, a large school adjacent, and multiple commercial users to the south, east and west.
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The proposed use does support Growth Policy goals, including but not limited to: 1. Goal DCD-1: Support urban development within the City. Density at this scale is more typical development seen in urban-scapes, and is a departure from historic suburban or agricultural communities. 2. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. The proposed development is consistent with the pattern of community development. It is proposing a new use on a brownfield site that has long been vacant.
The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes
Comments: No evidence of the proposed rowhouses were found to have negative or adverse effects on abutting properties. There are existing commercial neighbors to the east and south and a vacant lot to the west. In addition, there are adjacent residential neighbors to the north, separated by West Beall St.. There are no anticipated conflicts with the existing and proposed users.
No public comment had been received at the time this report was written for the Site Plan or Conditional Use Permit.
Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. NA
Comments: The Bozeman Municipal Code lists 14 additional criteria to consider when confirming the conditional use permit request approval is protecting the public health, safety and general welfare. No additional conditions were identified as necessary to protect the public health, safety and general welfare in regards to the Conditional Use Permit other than the conditions and code requirements associated with the site plan application.
Section 38.300.110 says in part “There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when
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the standards of this chapter are met and any applicable conditions of approval have been satisfied.” Evaluation of the application, as shown in this report, demonstrates no conflicts between uses or other evidence that the proposed ground floor residential will be incompatible to adjacent uses.
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Interim Community Development Director
SUBJECT:The Thomas Drive Zone Map Amendment requesting to change zoning from
R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on
15.037 acres. The property is addressed at 1013 and 1067 Thomas Drive;
Application 22094.
MEETING DATE:September 20, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION: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 22094 and move to approve the Thomas Drive Zone
Map Amendment subject to contingencies required to complete the
application processing
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The property owner, Debbie O’Reilly, 2246 Boot Hill Court, Suite 1, Bozeman,
MT 59715 and applicant, Madison Engineering, LLC, 895 Technology Blvd.,
Unit 203, Bozeman, MT 59718, submitted application to rezone two parcels
totaling 15.037 acres from R-4 (High Density Residential) to REMU
(Residential Emphasis Mixed Use). Both properties are mostly undeveloped
except of an existing house with associated out buildings.
The properties front on Thomas Drive also known as North 27th Street which
is a designated Collector street according to the Bozeman Area Master
Transportation Plan, 2017 Update. Sewer will be provided to the site by an
existing 8 inch pipe on the east side of the property. An existing 12 inch
water main is located on the eastern edge of the property. The water line is
subject to Special Improvement District No. 665. Connection to the waster
system will trigger payment of the applicable fee for utilization of the water
system.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes the REMU
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district as an implementing zoning district.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing, 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:
22094 Thomas ZMA CC SR.pdf
Report compiled on: August 10, 2022
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22094 Staff Report for the Thomas Drive Zone Map Amendment
Public Hearing:
Community Development Board August 1, 2022; continue to August 15, 2022.
City Commission meeting is on August 16, 2022; continued to September 20, 2022.
Project Description: The Thomas Drive Zone Map Amendment requesting to change zoning
from on 15.037 acres from R-4 (Residential High Density) to REMU (Residential
Emphasis Mixed Use).
Project Location: 1013 and 1067 Thomas Drive and more particularly described as a Tracts
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 zone
map amendment would also apply to the street 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 22094 and move to
recommend approval of the Thomas Drive Annexation Zone Map Amendment, with
contingencies required to complete the application processing.
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 22094 and move to approve the Thomas Drive Zone
Map Amendment subject to contingencies required to complete the application
processing.
Report: September 1, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. Application materials available at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260392&cr=1
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Staff Report for the Thomas Drive ZMA, Application 22094 Page 2 of 36
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The property owner, Debbie O’Reilly, 2246 Boot Hill Court, Suite 1, Bozeman, MT 59715
and applicant, Madison Engineering, LLC, 895 Technology Blvd., Unit 203, Bozeman, MT
59718, submitted application to rezone two parcels totaling 15.037 acres from R-4 (High
Density Residential) to REMU (Residential Emphasis Mixed Use). Both properties are mostly
undeveloped except of an existing house with associated out buildings.
The properties front on Thomas Drive also known as North 27th Street which is a designated
Collector street according to the Bozeman Area Master Transportation Plan, 2017 Update.
Sewer will be provided to the site by an existing 8 inch pipe on the east side of the property.
An existing 12 inch water main is located on the eastern edge of the property. The water line
is subject to Special Improvement District No. 665. Connection to the water system will trigger
payment of the applicable fee for utilization of the water system.
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.
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.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on August 15, 2022 and forwarded a recommendation to approve the REMU
zoning requests (5:0) to the City Commission.
A video recording of the meeting can be reviewed at the following link.
https://bozeman.granicus.com/player/clip/345?view_id=1&redirect=true
No public comment has been received as of the date of production of this report.
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Staff Report for the Thomas Drive ZMA, Application 22094 Page 3 of 36
Alternatives
1. Approve the application with contingencies as presented;
2. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8
Spot Zoning Criteria ......................................................................................................... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 21
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 22
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 22
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 36
FISCAL EFFECTS ................................................................................................................. 36
ATTACHMENTS ................................................................................................................... 36
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
Subject
Properties
Baxter Lane Thomas Drive 19th Avenue Davis Lane 245
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Map 2: BCP 2020 Future Land Use Map
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Map 3: Existing City Zoning
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SECTION 2 - 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 “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 amended municipal zoning designation of
REMU (Residential Emphasis Mixed Use) shall be identified as the 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.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff found the
application meets standards for approval as submitted.
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 August 15, 2022 and will forward a recommendation to
the City Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in the
Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. 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.
The City Commission will hold a public meeting on the zone map amendment on September
20, 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
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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.
SECTION 4 - 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 requested REMU Zoning classification substantially complies with the Bozeman
Community Plan 2020 and is in accordance with the future land use designations. The broad
discretion the Commission has when determining the appropriate zoning classification for a
property supports applying REMU to the entire property rather than mixing zoning districts on
an undevelopable portion of a lot without adequate access to support any potential use. Being
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in accordance with a growth policy [emphasis added] allows the governing body to find that
such an anomaly is in substantial compliance and agreement with the Plan and conforms with
its intent and purpose of Plan.
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 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.
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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. No more than 30 percent of the planned development can be commercial unless
allowed in this section, through a master site plan or planned unit development (PUD)
review.
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
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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 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.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
The proximity to existing commercial development, approximately 1,500 feet from WinCo
Foods and Outlaw Brewing, and the being located on Collector street will likely encourage
development more reflective of the district that a parcel distal from these characteristics.
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.
This application will encourage improvements to North 27th Avenue and connect to the
street grid to the north creating efficiencies in municipal services.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support
infill development, reduce costs, and minimize disruption to the public.
Completing North 27th will be an important transportation for the city creating a much
needed parallel corridor to North 19th.
DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial
development.
Being located on Collector will support greater transportation activity which in turn may
support more diverse uses that include commercial, office, and residential.
DCD-2.7 Encourage the location of higher density housing and public transit routes in
proximity to one another.
Streamline Bus service Blue line serves the general area. When North 27th is constructed
the bus services will have an option to alter the route which may serve the site directly from
North 27th.
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Illustration: Excerpt from Streamline Blue-line service route. Subject property outlined in
red.
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.
As noted above the proximity to commercial areas, existing residential development, the
properties location on a collector street, and the intent of the REMU zoning district ought to
increase the probability of horizontal and vertical integration of uses.
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M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters,
powered wheelchairs, etc.).”
The street cross section for collector streets provide space for type of transportation users.
The Bozeman PROST Plan indicates a multi-use trail will be integrated near North 27th. The
REMU zoning districts includes statements supporting these specific outcomes.
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
The property was annexed and zoned R-4 in 2007 and remained unchanged since that time.
The proposed zoning change may indicate interest in development in the near future. Public
notice is required for both actions. Although the REMU allows only a slight increase in
possible density the rate in which the property is developing is gradual.
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 is
provided by the City of Bozeman water system. The property is not within any delineated
floodplain nor does it have other known natural hazards. 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 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.
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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.
The properties front on Thomas Drive also known as North 27th Street which is a designated
Collector street according to the Bozeman Area Master Transportation Plan, 2017 Update.
Sewer will be provided to the site by an existing 8 inch pipe on the east side of the property.
An existing 12 inch water main is located on the eastern edge of the property. The water line
is subject to Special Improvement District No. 665. Connection to the water system will trigger
payment of the applicable fee for utilization of the water system.
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. 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
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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 Davis Lane. In addition, the City’s proposed trails plan includes
a future trail along the northern boundary of the property along the former rail road bed.
Assuming there is a nexus, future development will be required to provide these improvements
which will enhance the city’s motorized and non-motorized transportation systems.
The property is addressed as 1013 and 1067 Thomas Drive and has a Walk Score of 13, a
Transit score of 20, and Bike Score of 38. 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
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.
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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).
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, building form, and building form
has evolved. Immediately to the east is an undeveloped area zoned B-P (Business Park) with
the North 19th commercial corridor just beyond that. To the north is an existing residential area
with substantial development in the areas that surround the subject property.
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.
The City’s future land use map designates the properties as Urban Neighborhood. 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
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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;
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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
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
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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.
The values of some buildings may improve in the future as new and improved amenities are
provided to the area as the site is developed according to the proposed REMU district, while
other buildings’ values are unlikely to be impacted largely due to a robust real estate market
and lack of unmitigated offensive uses allowed by the proposed zoning district.
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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
Neighborhood”.
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 zoning includes R-4 directly to the south, B-P to
the east, REMU to the north (part of a recently approved annexation and zone map
amendment), B-2M to the west, and more REMU also to the west. The entire area is evolving
and emerging as a significant urban and commercial node with a more urban form and higher
intensity in land use. The subject property is one small part of a large urban neighborhood area
and adjacent to 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, the REMU zone is identical to the property to the north 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.
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2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
No. In order to determine whether or not this condition is present both this question and the
following point must be evaluated together. Although there are only two separate owners the
intent and purpose of the REMU zoning in conjunction with the context of potential
development of the site will benefit the immediate neighborhoods and the greater community.
There is a dearth of local services for existing residences to utilize and the zoning designation
will encourage the construction of North 27th Avenue which is a critical transportation corridor
that benefits all residents of the City by offering options for transportation needs as well as
delivery of emergency services.
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 and taken as
a whole, the immediate neighborhood will benefit as well as the greater community by
providing city services more efficiently.
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.
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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 17 and 24, 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 August 10, 2022 no comment has been received on this
application.
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.
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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
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
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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;
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”.
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Table 38.310.040.A Permitted general and group residential uses in residential zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards
specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-2M B-3 UMU RE
MU
NEHM
U 2 BP M-1 M-2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales
or repair
(38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)* — P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
Restaurants* P 3 P P P P P P
1,500sf — P 3 P 3 —
Retail*
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• 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 5,001-24,999sf
GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• 25,000sf-39,999sf
GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C
7
A 6 C
7 —
• Over 40,000sf
GFA (Retail, large
scale - 38.360.150)*
— P 4 P 4 — S — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food
processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are
limited to no more than four structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20
percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with
the following conditions:
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a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI B-1
1 B-2 B-
2M
B-
3 UMU REMU NEHMU
2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment* — P P C C C P — P P —
Daycare—Family, group,
or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C
General service
establishment* P P P P P P P C P C —
Health and exercise
establishments*
P
S P P P P P P C P P —
Heavy service
establishment* — P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S P 3 P 3 P 3 P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
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Offices* P 3
S P 3 P 3 P 3 P 3 P 3 P P 5 P P —
Personal and convenience
services* P P P P P P A A A A —
Truck repair, washing,
and fueling services — — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental (Type
1)* — P P P P P P — — — —
Short Term Rental (Type
2)* — P P P P P P — — — —
Short Term Rental (Type
3)* — P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set
forth in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building
or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
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which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-
2
B-
2M
B-
3 UMU REMU NEHMU
2 BP M-1 M-
2
General residential
Accessory dwelling unit
(38.360.040) — — — — — P P — — — —
Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 —
Apartment buildings* 3 — C P P 5 P P — — — — —
Cottage housing*
(38.360.110) — — — — — P — — — — —
Single household dwelling
(38.360.210) — — — — — P P — — — —
Three household dwelling or
four-household dwelling
(38.360.210)
— — — — — P — — — — —
Townhouses* 3 & rowhouses*
(38.360.240) — C 7 P 7 P 7 — P 8 P — — — —
Two-household dwelling
(38.360.210) — — — — — P P — — — —
Live-work units* P P P P P P P — — — —
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Ground floor residential C P 5 P 5 — — — — — — —
Group residences
Community residential
facilities with eight or fewer
residents*
P 4 P 4,
5 P 4, 5 P 4,
5 P 4, 5 P P — — — —
Community residential
facilities serving nine or more
residents*
- C C — P P — — — — —
Cooperative household* — — — — — P C — — — —
Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — —
Lodging houses* — C C 5 C 3 P P — — — — —
Transitional and emergency
housing and related services
(38.360.135)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of
this chapter. Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the
ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to
designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the
building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
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Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-
2
B-
2M
B-
3 UMU REMU NEHMU
2 BP M-
1 M-2
Industrial and Wholesale
Junk salvage or automobile
reduction/salvage yards — — — — — — — — — C —
Manufacturing, artisan* P P P P 3 P P P P P P —
Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P —
Manufacturing (moderate)* — C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
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1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of
which aren't addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use
adjoining the building's entrance on Main Street is required. The downtown core includes those
properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north
and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand
to Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses
which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-1 1 B-2 B-
2M
B-
3 UMU REMU NEHMU
2 BP M-
1 M-2
Public, educational, government and regional
Business, trade, technical or
vocational school — P P P 3 P P P P P P —
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Cemeteries* — — — — — — — — — — P
Essential services
(38.360.140)
• Type I A A A A A A A A A A A
• Type II P P P P P P P P P P P
• Type III C 4 P P C 4 C C 4 P
C P P P P
Meeting hall - P P P P P — — — — —
Production manufacturing and
generation facilities (electric
and gas)
— — — — — — — — — S —
Public and nonprofit, quasi-
public institutions, e.g.
universities, elementary junior
and senior high schools and
hospitals
— — — — — — — — — — P
Public buildings and publicly
owned land used for parks,
playgrounds and open space
P— P— P P P P P P P P P
Solid waste transfer station — — — — — — — — — C P
Solid waste landfill — — — — — — — — — — C
Truck, bus and rail terminal
facilities — — — — — — P — P P —
Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
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Arts and entertainment
center* P P P P P P
12,000sf — — — — —
Casinos — — — — — — — — C C —
Community centers
(38.360.080)* P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* — — — — — — — — — P —
Home-based businesses
(38.360.140)* A A A A A A A A A A —
Other buildings and structures
(typically accessory to
permitted uses)
A A A A A A A A A A A
Temporary buildings and
yards incidental to ongoing
construction work
— — — — — — A A A A —
Any use, except adult
businesses and casinos,
approved as part of a planned
unit development subject to
the provisions of division
38.430
C C C C C C C C 5 C 5 C 5 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't
addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section
38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or
basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or
set of installations.
5. Also excludes retail, large scale uses.
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Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: O’Reilly Partnership & Dallas Peuse, 2246 Boothill Court, Suite 1, Bozeman, MT
59715
Applicant: Madison Engineering, LLC, 895 Technology Blvd., No. 203, Bozeman, MT 59718
Representative: Madison Engineering, LLC, 895 Technology Blvd., No. 203, Bozeman, MT
5971859771
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=260392&cr=1
Digital access is also available at the Community Development Department at 20 E. Olive Street,
Bozeman, MT 59715.
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