HomeMy WebLinkAbout11-01-2022- City Commission Agendas & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner Coburn (Maas)
E.Public Service Announcements
E.1 City offices will be closed on November 8, for Election Day, and November 11, for Veterans'
Day. There will be no City Commission meeting on November 8, 2022. These are not
garbage holidays and pickup will be on your regularly scheduled day.(Maas)
F.FYI
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, November 1, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
You can join this meeting:
Via Webex:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person
United States Toll
+1-650-479-3208
Access code: 2557 899 6590
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting.
Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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G.Commission Disclosures
H.Consent
H.1 Accounts Payable Claims Review and Approval (Armstrong)
H.2 Approval of Depository Bonds and Pledged Securities as of September 30, 2022 (Clark)
H.3 Formal Cancellation of the November 8, 2022 Regular City Commission Meeting (Maas)
H.4 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and
Agreement with MJN Properties, LLC for the Nahorniak Commons Master Site Plan
(22034)(Paz-Solis)
H.5 Authorize the City Manager to Sign a Professional Services Agreement with GroundPrint, LLC
for the Affordable Housing Graphic and Communication Materials(Fine)
H.6 Authorize the City Manager to Sign an Addendum to the Services Agreement with Civicplus,
Formerly Municode, for Online Municipal Code Hosting and Additional Contracted
Services(Maas)
H.7 Authorize the City Manager to Sign a First Amendment to the Professional Services
Agreement with Clean Slate Group, LLC. for Snow Removal and Maintenance Services in the
Parks and Trails District(Kline )
H.8 Authorize the City Manager to Sign a First Amendment to a Professional Services Agreement
with Greenspace Landscaping for Snow Plowing Services in the Garage(Veselik)
H.9 Authorize the City Manager to Sign a Second Amendment to the Professional Services
Agreement for Software License, Equipment, and Service Agreement with Passport Labs,
LLC(Veselik)
H.10 Resolution 5449 Authorizing Change Order 1 with CK May Excavating, Inc. for the Bozeman
Sourdough Water Transmission Main, Phase 2 Project(Murray)
H.11 Resolution 5452 Authorizing Prime Change Order 19 with Langlas and Associates for
Construction of the Bozeman Public Safety Center(Winn)
I.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
J.Action Items
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J.1 Ordinance 2128 and Resolution 5453, the Yellowstone Montessori Academy Annexation and
Zone Map Amendment for Amendment on 0.67 Acres from R2 to R4 and Initial Zoning of R4
on 0.87 Acres, 1625 and 1705 W Kagy Blvd, and Annexation of 1705 W Kagy Blvd,
Application 22121(Saunders)
J.2 The Cloverleaf zone map amendment requesting amendment of the City Zoning Map for a
city block bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum
Avenue consisting of approximately 3.1995 acres and the accompanying adjacent right-of
way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District
Mixed).(Rogers)
J.3 Resolution 5450 A Resolution Adopting the City of Bozeman's Legislative Priorities for the
68th Session of the Montana State Legislature(Veselik)
K.Appointments
K.1 Appointments to the Downtown Urban Renewal District Board (Maas)
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 Chamber, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Coburn
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner Coburn
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Coburn informed Mayor Andrus and City Manager Mihelich
he would be unable to attend this meeting.
UNRESOLVED ISSUES:N
ALTERNATIVES:As per Commission
FISCAL EFFECTS:None
Report compiled on: October 26, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:City offices will be closed on November 8, for Election Day, and November
11, for Veterans' Day. There will be no City Commission meeting on
November 8, 2022. These are not garbage holidays and pickup will be on
your regularly scheduled day.
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:No City Commission meeting on November 8, 2022
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:No meeting and offices closed on November 8 and November 11.
UNRESOLVED ISSUES:None
ALTERNATIVES:Non
FISCAL EFFECTS:None
Report compiled on: October 21, 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:November 1, 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: October 27, 2022
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Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Approval of Depository Bonds and Pledged Securities as of September 30,
2022
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Approve the depository bonds and pledged securities as of September 30,
2022.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
17-6-102. Insurance on deposits. (1) Deposits in excess of the amount
insured by the federal deposit insurance corporation or the national credit
union administration may not be made unless the bank, building and loan
association, savings and loan association, or credit union first delivers to the
state treasurer or deposits in trust with some solvent bank, as security
therefore, bonds or other obligations of the kinds listed in 17-6-103, having a
market value equal to at least 50% of the amount of the deposits in excess of
the amount insured. The board of investments may require security of a
greater value. When negotiable securities are placed in trust, the trustee's
receipt may be accepted instead of the actual securities if the receipt is in
favor of the state treasurer, successors in office, and the state of Montana
and the form of receipt and the trustee have been approved by the board of
investments.
(2) Any bank, building and loan association, savings and loan association,
or credit union pledging securities as provided in this section may at any
time substitute securities for any part of the securities pledged. The
substituted collateral must conform to 17-6-103 and have a market value at
least sufficient for compliance with subsection (1). If the substituted
securities are held in trust, the trustee shall, on the same day the
substitution is made, forward by registered or certified mail to the state
treasurer and to the depository financial institution a receipt specifically
describing and identifying both the securities substituted and those released
and returned to the depository financial institution.
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Section 7-6-207 (2), MCA, requires the City Commission to approve pledged
securities at least quarterly.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:The city is sufficiently pledged.
Attachments:
21- Depository Bonds and Securities - As of 12-31-2021.pdf
Report compiled on: October 11, 2022
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DEPOSITORY BONDS AND SECURITIES
AS OF
December 31, 2021
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
Federal Deposit Insurance Corporation-CD $ 250,000.00
LOC-FHLB Cincinnati 10/15/2021 555391 $ 17,000,000.00
TOTAL – US Bank $ 17,500,000.00
FIRST SECURITY BANK
All Accounts
Federal Deposit Insurance Corporation $ 250,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2033 151145NX3 $ 1,185,000.00
Celina TX ISD REF GO UNLTD BD 08/15/2034 151145NY1 $ 1,235,000.00
TOTAL - First Security Bank $ 2,670,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of the First Security Bank and US Bank, for the Depository Bonds
held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2021,
by the banks of Bozeman and approve and accept the same.
_____________________________________________
CYNTHIA L. ANDRUS, Mayor
_______________________________________ _______________________________________
TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner
_______________________________________ _______________________________________
CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner
DocuSign Envelope ID: C91E7F2A-1F35-4905-BF56-3F6D33DF35DB
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PLEDGED SECURITIES AND CASH IN BANK
As of
December 31, 2021
US BANK
Total Cash and CD's on Deposit $4,216,963.60
FDIC Coverage $500,000.00
Amount Remaining $3,716,963.60
Pledges Required 104% $3,865,642.14
Actual Pledges $17,000,000.00
Over (Under) Pledged $13,134,357.86
FIRST SECURITY BANK
CD's $2,039,059.96
FDIC Coverage $250,000.00
Amount Remaining $1,789,059.96
Pledges Required 50% $894,529.98
Actual Pledges $2,420,000.00
Over (Under) Pledged $1,525,470.02
REFERENCE: Section 7-6-207, M.C.A.
DocuSign Envelope ID: C91E7F2A-1F35-4905-BF56-3F6D33DF35DB
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Formal Cancellation of the November 8, 2022 Regular City Commission
Meeting
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve cancelling the regular City Commission meeting on November 8,
2022.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Mayor has decided not to meet on November 8, 2022, as the day is a
staff holiday. Per Bozeman Municipal Code Sec. 2.02.070.A.4 , the Mayor or
majority of the Commission may cancel a regular meeting if not business is
scheduled for that meeting. This item formalizes this decision to cancel the
meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: September 14, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access
Easement and Agreement with MJN Properties, LLC for the Nahorniak
Commons Master Site Plan (22034)
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access
Easement and Agreement with MJN Properties, LLC for the Nahorniak
Commons Master Site Plan (22034).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Sewer and Water Pipeline and Access Easement and
Agreement
Report compiled on: October 18, 2022
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Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Economic Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
GroundPrint, LLC for the Affordable Housing Graphic and Communication
Materials
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
GroundPrint, LLC for the Affordable Housing Graphic and Communication
Materials.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Affordable Housing staff want to easily convey the opportunities
embodied in the new Affordable Housing Ordinance through thoughtful
graphics and communications materials. GroundPrint, LLC is helping the City
develop these materials.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:Scope of Services Not to Exceed $5,000.
Attachments:
Affordable Housing Educatioal Materials PSA.pdf
Affordable Housing Graphics Scope of Service.pdf
Report compiled on: October 20, 2022
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 201__, 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, GROUNDPRINT, LLC, 280W Kagy Blvd. Ste. D # 236, Bozeman, MT
59715, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree 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 date of its execution.
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
and any other related work on a time and materials basis not to exceed $5,000. 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,
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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 said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
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, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of
Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful
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 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 any indemnitee described herein 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 indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
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Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except “responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, 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 subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and 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 of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a sixty
(60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. 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.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement 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
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
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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:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine (Urban Renewal and Community Housing Program Manager)
or such other individual as City shall designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this Agreement,
such communication or submission shall be directed to David Fine as 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 listed above and may receive approvals or authorization from such persons.
24
Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
Page 7 of 11
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Susan Riggs, AICP (Founder) 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.
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: 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. The 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
25
Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
Page 8 of 11
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 his 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 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 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 to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
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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 therein or made a part thereof
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Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
Page 10 of 11
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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
28
Professional Services Agreement for Urban Renewal TIF Application Review (9TEN Mixed-Use Project) FY 2019
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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 GROUNDPRINT, LLC
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
29
Scope of Service for Affordable Housing Graphics
Date: September 22, 2022
Timeline: October 2022 - December 2022
Item Hours Rate Total
Prepare list of possible graphics 2 $120 $240
Meeting with CD and ED to prioritize list 1 $120 $120
Graphic 1 5 $120 $600
Graphic 2 5 $120 $600
Graphic 3 5 $120 $600
Graphic 4 5 $120 $600
Final Revisions 1.5 $120 $180
TOTAL 24.5 hours $2,940 *
*does not include any printed materials
1 30
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the City Manager to Sign an Addendum to the Services Agreement
with Civicplus, Formerly Municode, for Online Municipal Code Hosting and
Additional Contracted Services
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign an Addendum to the Services Agreement
with Civicplus, Formerly Municode, for Online Municipal Code Hosting and
Additional Contracted Services
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Currently, we are paying a flat fee plus a per ordinance codification cost.
CivicPlus is moving the MuniCode platform for our Bozeman Municipal Code
hosting to an annual subscription model. This will provide budget
consistency and cost savings.
The contracted services will be a Legal Review and State Law Reference
Linking, in coordination with the City Attorney's Office, a Gender
Neutralization in accordance with our Diversity, Equity, and Inclusion efforts,
and additional research and staff features to utilize within our code
platform.
UNRESOLVED ISSUES:None Identified
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:Annual subscription hosting instead of per ordinance will reduce costs to
$9,894 in the first year with 5% annual escalation, below budget
authorization.
Contracted services will result in one-time costs of $22,325 and $645 annual
31
recurring services, within current budget authorization.
Attachments:
MT - Bozeman - CS - LR SOW - 10202022.pdf
Bozeman MT Municode Codification SaaS SOW.092022.pdf
Report compiled on: October 20, 2022
32
V. PD 06.01.2015-0048
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CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502 US
Quote #: Q-25480-1
Date: 5/13/2022 2:51 PM
Expires On: 12/31/2022
Client:
BOZEMAN, MONTANA
Bill To:
BOZEMAN, MONTANA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Sylvana Satterfield x tsatterfield@civicplus.com Net 30
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
TOTAL
1.00 Legal Review Legal Review One-time USD 12,700.00
1.00 Gender Neutralization Gender Neutralization (Removing and
Replacing Gender Based Code)
One-time USD 8,500.00
15.00 State Law Reference Linking
Hourly Rate
State Law Reference Linking One-time USD 1,125.00
1.00 Annual State Law Reference
Linking Review Subscription
Annual State Law Reference Linking
Review Subscription
Renewable USD 350.00
1.00 MuniPro Subscription MuniPro Subscription Renewable USD 295.00
Total Investment Initial Term USD 22,325.00
Annual Recurring Services USD 645.00
Total Days of Quote:365
1. This Statement of Work ("SOW") is between Bozeman, MT (“Client”) and CivicPlus, LLC (the “Service Provider”),
and shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at
https://www.civicplus.com/master-services-agreement (“MSA”), to which this SOW is hereby attached. By signing
this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW.
2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the
event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term or any subsequent
Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The
Initial Term and all Renewal Terms are collectively referred to as the “Term”.
3. The Legal Review will be invoiced as follows:
a. Upon Signing: 50%
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V. PD 06.01.2015-0048
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b. Upon completion of the Legal Review or eight (8) months from signing: 50%
4. Annual Recurring Services and State Law Reference Linking will begin being invoiced on signing. Annual Recurring
Services will be charged an annual 5% uplift starting in the first Renewal Term.
5. The Gender Neutralization of the Code of Ordinances will be invoiced as follows:
a. Upon signing: $5,100.00
b. Upon receipt of official adopted legislation: $3,400.00
6. Client agrees to provide all necessary and correct documentation, materials and communication in a timely
manner as agreed upon by the Parties following execution of this SOW and acknowledges Service Provider shall
not begin work under this SOW until all necessary documentation, materials and communication is received.
7. Additional services, including but not limited to additional labor required because of delays, errors or omissions
on the part of Client, may be purchased upon mutual written agreement between the Parties.
8. Client acknowledges that Service Provider may provide legal analysis through codification, recodification or legal
review services. Unless indicated otherwise, information sent via Internet email or through our websites cannot
be guaranteed to be confidential. Client further acknowledges that any legal analysis provided by Service
Provider is provided to Client’s legal counsel for their use and direction. However, Client agrees the services
provided for herein do not review Legal Codes for legal sufficiency, draw legal conclusions, provide legal advice,
opinions or recommendations about Client’s legal rights, remedies, defenses, options, selection of forms, or
strategies, or apply the law to the facts of any particular situation or establish an attorney-client relationship.
Service Provider is not a law firm and may not perform services performed by an attorney, and the services
contemplated herein do not constitute a substitute for the advice or services of an attorney.
9. The Parties agree that Section 15 of the MSA shall not apply to public interpretation of Legal Code or work product.
Service Provider shall not be responsible for the legal sufficiency or copyright infringement of any material initially
or subsequently published.
10. The Services herein include legal review of Client’s Code of Ordinances as published by CivicPlus, to ensure
conformity with state statutes and to identify any areas of possible legal concern. The review will also determine
if there are any inconsistencies or conflicts within the legislation itself. Service Provider will notate any state law
references within the Code that need to be updated in the memorandum. Legislation not currently included in
the code can be reviewed for an additional fee. Within 30 days of Client’s receipt of the Legal Memorandum,
Client may purchase additional conference hours, via telephone or webinar, to review the Legal Memorandum
and Service provider's recommendations, to be billed at $150/hour. Excludes implementation of any
recommendations.
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V. PD 06.01.2015-0048
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Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the
MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client CivicPlus
By: By:
Name: Name:
Title: Title:
Date: Date:
35
V. PD 06.01.2015-0048
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Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization URL
Street Address
Address 2
City State Postal Code
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).
Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for
ensuring CivicPlus has current updates.
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact E-Mail
Phone Ext. Fax
Billing Address
Address 2
City State Postal Code
Tax ID # Sales Tax Exempt #
Billing Terms Account Rep
Info Required on Invoice (PO or Job #)
Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ]
Please list all external sources:
Contract Contact Email
Phone Ext. Fax
Project Contact Email
Phone Ext. Fax
36
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #:Q-25371-1
Date:5/11/2022 11:48 AM
Expires On:12/31/2022
Client:
Bozeman Montana [City] - Code and Supp
Bill To:
Bozeman Montana [City] - Code and Supp
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Sylvana Satterfield x tsatterfield@civicplus.com Net 30
QTY DESCRIPTION PRODUCT
TYPE
TOTAL
1.00 Full-Service Plus Supplementation Subscription Renewable USD 9,439.00
1.00 Year 1 Annual Fee Discount Renewable USD -1,887.92
1.00 OrdBank Upgrade Subscription Renewable USD 455.00
1.00 Year 1 Annual Fee Discount Renewable USD -91.00
1.00 Online Supplementation will begin with the ordinances received on a
monthly basis.
Renewable USD 0.00
1.00 Print Supplementation will begin with the ordinances received from the
municipality on an annual basis.
Renewable USD 0.00
1.00 Printed Copies and Freight Included - 1 Renewable USD 0.00
Annual Recurring Supplement Services 9,894.00
1. This Statement of Work ("SOW") is between the Bozeman Montana (“Client”) and Municode, LLC, a wholly owned
subsidiary of CivicPlus, LLC (collectively, the “Service Provider”), and shall be subject to the terms and conditions of
the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”). By
signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW.
2. At any time during the Term of this Agreement, Municode may assign its rights and obligations under this Agreement
to CivicPlus, upon giving written notice to the Client. In the event of such assignment by Municode, CivicPlus shall be the
sole performing party under this Agreement to the same extent as Municode prior to making such assignment.
3. This SOW shall remain in effect for an initial term (“Initial Term”) starting at signing and running through the following
Renewal Date (as defined below). In the event that neither party gives 60 days’ notice to terminate prior to the end of the
Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms
(“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.
V. PD 06.01.2015-0048
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37
4. If Client elects, by selecting the “Start at Signing” option below, the Initial Term’s Annual Recurring Supplement
Services will be invoiced upon the signing of this SOW and may be prorated to align with Client’s Renewal Date. If Client
elects, by selecting the “Start at Renewal Date” option below, the Initial Term’s Annual Recurring Supplement Services
will be invoiced upon the Renewal Date and Client shall continue to be billed at their current per page rate and use terms
set for the in the original supplements agreement between Client and Municode. The full Annual Recurring Supplement
Services shall be invoiced each Renewal Date and shall be subject to a 5% annual increase each Renewal Term, starting
on the second anniversary of the Renewal Date. Client will pay all invoices within 30 days of the date of such invoice.
Additional services added throughout the Term will be pro-rated then added to the Annual Recurring Services fee.
5. If Client signs this SOW in 2022, Client will receive a 20% discount on the first twelve months of service.
6. Annual Recurring Supplement Services does NOT include:
• Additional copies, reprints, binders and tab orders;
• Documents that contain tables, graphics, unique formatting requirements, or any other form-based code requirements;
• Legal work, creation of fee schedules, gender neutral review/implementation, external linking;
• Codifying complete replacement of complex subject matter such as, but not limited to, Zoning (or equivalent). This
work is subject to a one-time editorial conversion fee and an increase in the annual supplement rate and online hosting
fee(s). Quote provided upon receipt of material;
• Codifying a newly adopted full Chapter/Title/Appendix. This may be subject to a one-time additional editorial fee and
an increase in the annual supplement rate and online hosting fee(s). Material to be reviewed upon receipt;
• Codifying a newly adopted term change legislation. This may be subject to a one-time additional editorial fee. Material
to be reviewed upon receipt;
• The addition of Manuals, Policies, Procedures, Comprehensive Plans, Land Use, Unified Codes, Zoning (or
equivalent). Quotation upon request; and
• Online Code hosting and online features.
7. Client acknowledges that Service Provider may continually develop, alter, deliver, and provide to the Client ongoing
innovation to the services, in the form of new features, functionality, and efficiencies. Accordingly, Service Provider
reserves the right to modify the services from time to time. Any modifications or improvements to the services listed on
the SOW will be provided to the Client at no additional charge. In the event that Service Provider creates new products
or enhancements to the Services (“New Services”), and Client desires these New Services, then Client will have to pay
Service Provider the appropriate fee for the access to and use of the New Services.
8. Client agrees to provide all necessary and correct documentation, materials and communication in a timely manner
as agreed upon by the Parties following execution of this SOW and acknowledges Service Provider shall not begin work
under this SOW until all necessary documentation, materials and communication is received.
9. Client acknowledges Service Provider does not permanently retain prior versions of the Client’s legal code or any
other work product.
10. Additional services, including but not limited to additional labor required because of delays, errors or omissions on
the part of Client, may be purchased upon mutual written agreement between the Parties.
V. PD 06.01.2015-0048
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38
11. Client acknowledges that Service Provider may provide legal analysis through codification, recodification or legal
review services. Unless indicated otherwise, information sent via Internet email or through our websites cannot be
guaranteed to be confidential. Client further acknowledges that any legal analysis provided by Service Provider is
provided to Client’s legal counsel for their use and direction. However, Client agrees the services provided for herein do
not review legal codes for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations
about Client’s legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of
any particular situation or establish an attorney-client relationship. Service Provider is not a law firm and may not perform
services performed by an attorney, and the services contemplated herein do not constitute a substitute for the advice or
services of an attorney.
12. The Parties agree that Section 15 of the MSA shall not apply to public interpretation of legal code or work product.
Service Provider shall not be responsible for the legal sufficiency or copyright infringement of any material initially or
subsequently published.
13. In the event Client wishes to increase its Supplement Updates frequency, Client agrees to pay an annual increase
in an amount to be agreed upon between the parties, such amount to be prorated from the time of purchase to align with
Client’s Renewal Date. Client shall provide CivicPlus with written notice, email is sufficient, of its intent to acquire such
services. Rush Supplement requests will be assessed an additional one-time fee.
14. The Annual Recurring Supplement Services fee quoted in this SOW is exclusive of Client’s existing annual fees,
which may include, without limitation, Online Hosting Annual Fees, OrdBank, OrdLink, MuniDocs, SLR Linking, or
other annual fee (“Existing Annual Fees”). Client understands and agrees the Existing Annual Fees will be invoiced by
CivicPlus in their current renewal month previously established with Municode unless specifically added to this SOW in a
line item above.
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39
CLIENT TO FILL OUT THE FOLLOWING SECTION. PLEASE DO NOT LEAVE BLANK:
Client's selected billing renewal month (the “Renewal Date”) shall be:
____________________________________________ . (As set forth in Section 4 of this SOW)
Client must select ONE of the following options. If this section is left blank or both options are selected, the Annual
Recurring Supplement Services will Start at Signing.
Start at Signing – As set forth in Section 4 of this SOW, by selecting this option, Client agrees to start the
Annual Recurring Supplement Services upon signing this SOW, such fee to be prorated to align with Clients’
selected Renewal Date. For the sake of clarity, upon signing Client will only be billed the “per page rate”
model for items not included in the Annual Recurring Supplement rate as set forth in Section 6 of this SOW.
Start at Renewal Date - As set forth in Section 4 of this SOW, by selecting this option, Client agrees to continue
paying the “per page rate” model previously billed with Municode until the first Renewal Date, as notated by Client
above. Upon the first Renewal Date, Client will be invoiced the total Annual Recurring Supplement Services.
V. PD 06.01.2015-0048
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40
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the
MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client
CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
V. PD 06.01.2015-0048
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41
Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization URL
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City State Postal Code
________________________________________________________________________________________________________________________
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).
Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for
ensuring CivicPlus has current updates.
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Billing Contact E-Mail
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
Billing Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City State Postal Code
________________________________________________________________________________________________________________________
Tax ID # Sales Tax Exempt #
________________________________________________________________________________________________________________________
Billing Terms Account Rep
________________________________________________________________________________________________________________________
Info Required on Invoice (PO or Job #)
________________________________________________________________________________________________________________________
Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ]
Please list all external sources: _______________________________________________________________________________________________
Contract Contact Email
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
Project Contact Email
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
V. PD 06.01.2015-0048
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42
Memorandum
REPORT TO:City Commission
FROM:
Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with Clean Slate Group, LLC. for Snow Removal and
Maintenance Services in the Parks and Trails District
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with Clean Slate Group, LLC. for Snow Removal and
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:
On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations.
In September 2021, the Parks and Recreation Department conducted a
request for proposals process to acquire professional services required to
complete snow removal and additional maintenance services on parks in the
District. After careful evaluation and review, Clean Slate Group, LLC. was
determined to be a qualified, responsive and responsible vendor for Parks
and Trails District Snow Removal Services contract.
On November 16, 2021, the City entered into the Agreement with Clean
Slate Group, LLC. The Agreement is effective for one year after the date of
43
execution with the option to extend the agreement an additional year upon
mutual agreement. Clean Slate Group, LLC. has demonstrated the ability to
provide comprehensive snow removal maintenance services for the City’s
Parks and Trials District and will continue complete the services as defined
and described in Attachment B: PSA Clean Slate Group, LLC. Snow Removal
Services.
The Attachment A PSA Amendment 1 Clean Slate Group, LLC. Snow Removal
Services will extended the Agreement for an additional one (1) year period
and shall terminate on November 16, 2023. In no case, however, may this
agreement run longer than five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:
Funding is currently allocated for this maintenance within the FY23 and FY24
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 1 Clean Slate Group LLC.
Snow Removal Services.pdf
Attachment B PSA Clean Slate Group, LLC. Snow Removal
Services.pdf
Report compiled on: October 18, 2022
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First Amendment to Professional Services Agreement for Clean Slate Group LLC.
FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated November 16, 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
Clean Slate Group LLC., 34 Outlier Way, Bozeman MT 59718 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. Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2. Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2023.
3. Section 4 Payment: Snow removal and additional miscellaneous services described in
the Agreement as Exhibit B are listed for clarification in the Attachment A Schedule of
Services Table provided by Clean Slate Group LLC.
4. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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First Amendment to Professional Services Agreement for Clean Slate Group LLC.
FY 2023 – FY 2024 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP LLC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Clean Slate Group has had a long history of working with the City of Bozeman to help
with achieving their goals in a manner that results in both parties benefiting mutually. CSG’s
hourly rates are a flat rate which are a representation of CSG’s expertise and overhead costs.
Included in the hourly price is; fair wage payroll, fuel costs, insurance, consumables, equipment
maintenance costs and general overhead costs. Additional miscellaneous services described in
the contract proposal dated 28 September 2021 are included and broken down by cost in the table
below to better aid in the understanding of CSG’s value to the city as a contractor for all types of
work.
Services Provided by Clean Slate Group Hourly Rate Per Man Hour
Mobile Pressure Washing / Surface
Cleaning $70.00
Dog Station and Park Trash Maintenance $65.00
Poison Free Gopher Mitigation $70.00
General Labor $65.00
Snow Removal $70.00
Spring Trail Cleanup / Sweeping $70.00
Parks Woodchip Replenishing $70.00
Poison Free Weed Removal $65.00
Bathroom Sanitization $65.00
Park Cleanup $65.00
Attachment A
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Professional Services Agreement for Clean Slate Group LLC.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of November, 2021
(“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, Clean Slate Group LLC., 34 Outlier Way, Bozeman,
MT 59718, 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 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 in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B. 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,
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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.
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.
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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,
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
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agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
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
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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.
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
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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,
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
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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 Luke Kline, Contracts 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 Ryan Rickert 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 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
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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.
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
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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
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.
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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 three years.
**** 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)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Anna Saverud, Assistant City Attorney
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Ryan Rickert
President/Founder
Clean Slate Group, LLC
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
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I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
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
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
60
The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
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 listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
61
1.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.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
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 RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
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 October 7th at 2PM 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.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
62
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 2 PM MST on September 30th, 2021.
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: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
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.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
63
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 Appendix 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.
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
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
64
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
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,
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
65
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
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
END OF RFP
Exhibit A
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
66
Clean Slate Group
34 Outlier Way Bozeman, MT 59718
28 September 2021
2021/2022 Parks & Trails District Snow Removal Services Contract Proposal
The City of Bozeman is seeking proposals from firms to provide snow and ice removal services on an "as needed" basis for the City of Bozeman Parks and Recreation Department beginning on October 15, 2021 and ending April 30th, 2022. Clean Slate Group (CSG) understands that our
services will be conducted routinely, as needed, for approximately 28 weeks in total or a 7 month
period ( or anytime of the year, because 'it's Montana after all!'). CSG understands that a contract proposal does not enter the City of Bozeman into an agreement to pay any expenses incurred in preparation of this response to proposal. CSG also understands that the City of Bozeman reserves the right to accept or reject this proposal if it is in their best interest to do so. CSG understands
and agrees that we will operate under the laws set out by the State of Montana and the City of
Bozeman, including but not limited to applicable wage rates, payments, gross receipts taxes, equal opportunity employment, safety, non-discrimination, etc. Additionally, the entire CSG team understands that at the end of the day, you have your word and your name. Each of us takes great pride in working hard, being honorable and representing ourselves & our clients well.
With CSG, you will get a courteous crew of hard working individuals that know how to be
professional at all times and be a value-add wherever they go.
CSG agrees to the following: snow and ice removal of sidewalks, pedestrian crossings and any other areas determined by the Parks Superintendent. We agree that our services shall be
completed through the means of chipping, ice melts, blowing, shoveling, and plowing. CSG agrees to use equipment no wider than the sidewalk which is being cleaned, and the equipment used shall be of a weight that will not damage the sidewalk or adjacent property. CSG agrees to the terms of snow and ice being completely and properly removed before any payment will be made by the city. CSG also agrees to use the minimum amount of salt or ice melt necessary to
complete the task of breaking up ice, to insure landscaping or private prope1iy is not damaged.
CSG also agrees that snow removal will be completed within twenty-four hours after notice by the city is given. CSG understands that work may have to be completed during the weekends and even holidays if needed.
Ryan Ricke1i Founder/President
Clean Slate Group, LLC
Exhibit B
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
67
CSG has a dedicated crew of 5 employees for snow removal throughout the winter and spring months, as well as for gopher mitigation, dog station & park trash maintenance, etc throughout the year. We operate our snow removal division with an assmirnent of different equipment and
tools. Our equipment includes, but is not limited to: •2020 Canarn Outlander four wheeler with a 54" adjustable blade snowplow•12' equipment trailer•2 walk behind snow blowers•Snow shovels, ice chippers, misc handheld snow removal equipmentUpon acceptance of this proposal, CSG has a pending purchase of a 2021 Bobcat 5600 Toolcat
with: snow brush, snow plow, and material spreader, as well as a 2021 Titan 20' equipment
trailer.
For the services laid out in this proposal CSG charges $70.00 per man hour. This charge reflects the cost to CSG for all of the following: payroll for fair labor wages, fuel costs, insurance,
equipment maintenance costs, consumables (ice melts and brines), and general overhead costs. In
CSG's experience of doing snow removal at high priority parks like Peets Hill we have found it advantageous to deploy multiple employees at one location to get projects done quickly, prior to significant foot traffic and to the highest quality possible. This charge is for CSG's general snow removal services.
For the additional snow and ice removal services or any miscellaneous services, which include but are not limited to, hand shoveling handicap access ramps, breaking up ice dams and other ice hazards, widening paths and brooming sidewalks upon arrival of Tool cat, spraying beet based brines where salt or sand are unacceptable, and custom snow removal work (hand shoveling ce1iain areas where machinery will not work). CSG's hourly rate remains $70.00 dollar an hour
fee. This charge is representative to the costs of: consumables overhead, fuel, equipment maintenance and equipment overhead. CSG takes these additional snow and ice removal services very seriously and we try to take care of them with the utmost expediency, so we may deploy as many employees as necessaiy to resolve these issues and get the job site back to normal.
CSG has had a long history of working for the City of Bozeman with a variety of site services, including graffiti removal and prevention since November of 2011. During the 2020 to 2021 snow season, CSG spent 107 hours doing snow removal for the City of Bozeman Pmks and Rec at Arrow Dog Park and Burke/Peet' s Hill Park walking u·ail. CSG has multiple contracts with the city for gopher abatement work, dog station maintenance, and the sanitization of bathrooms for
City of Bozeman parks. We provide snow removal, graffiti removal/prevention and gopher
abatement setvices to multiple private companies throughout the city. References for this prior work can be contacted below.
•Thorn White at City of Bozeman Parks ( 406)-579-633 l or twhite@bozernan.net•Chris Leonard at Bridger Ops: ( 406)-539-9862 or chris@bridgerops.com•Irene Dahl at Dahl Funeral Horne: (406)-586-5298 or irene@dahlcmes.com
Additional Professional Ce1iifications CSG and its employees hold: Montana Department of Agriculture, Commercial Pesticide Applicator Licence # 106369-12
Exhibit B
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
68
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
-G \ e,CU') �\ Gtte, bYajf LL(; (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 additi�n, c\oo;Yl �\c�te;Gv-ovr LLG (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://wayback.archive-it.org/499/20210701223409/https:/egualpay.mt.gov/, or
equivalent "best practices publication and has read the material.
of person authorized to sign on behalf of submitter
Exhibit B
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
69
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a First Amendment to a Professional
Services Agreement with Greenspace Landscaping for Snow Plowing Services
in the Garage
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to sign a first amendment to a
Professional Services Agreement with Greenspace Landscaping for snow
plowing services in the garage
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:This contract amendment is an update to include new rates charged by
Greenspace for snow plowing services. Rates increased slightly. Parking
services assumes a slight increase every year in services from vendors.
UNRESOLVED ISSUES:No unresolved issues
ALTERNATIVES:Alternatives as proposed by the Commission
FISCAL EFFECTS:No fiscal effects, included in FY23 Commission approved budget.
Attachments:
PSA Amendment Grenspace October 2022.docx
Report compiled on: October 20, 2022
70
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH GREENSPACE LANDSCAPING dated September 14, 2021 (the “Agreement”) is made
and entered into this 1
st day of November, 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 Passport
Labs, Inc., hereinafter referred to as “Passport” or “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.Amended Scope of Work The Scope of Work attached as Exhibit B replaces Exhibit A.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
71
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA PASSPORT LABS, INC.
By________________________________By_____________________________
Jeff Mihelich, City Manager Doug Rogers
Chief Revenue Officer
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
72
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
EXHIBIT B: SCOPE OF WORK
SERVICE CONTRACT - SNOW REMOVAL - 2022/2023 Season
Client Name: Parking Garage (City)Phone: 406-946-2869 (Mike)
Address: 26 E. Mendenhall St.
Billing Address: Address: P.O. Box 1230, Bozeman, MT 59771
Email (for electronic invoices): n/a
If you would like Greenspace to perform snow removal services for your property, please review, sign and return this
contract no later than October 1st, 2022 or we cannot guarantee services. Thank you for your understanding and your
prompt response.
Terms and Conditions:
This contract is based upon a per plow rate. The season shall commence on Oct, 15th 2022 and shall terminate
on April 30, 2023. If a snow event occurs outside this designated season, the client must call Greenspace to
request services.
During the season, snow plowing will commence within a reasonable time after accumulation.
City of Bozeman clients, please refer to the City of Bozeman Municipal Code for snow removal regulations – it
states that you are required by law to remove any snow from your sidewalks within 24 hours of snowfall.
Clients who live outside of the City limits, please indicate below at what accumulation you would like us to
remove snow (any snow accumulation above 2" will be automatically removed.)
Client is responsible for contacting Greenspace office immediately if snow is removed by client. If Greenspace
is not contacted and Greenspace employee drives to site to remove snow, client will be billed for contracted
snow removal services.
73
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
Greenspace Landscaping is pleased to offer snow removal services on federal holidays during the contracted
snow season at an additional 50% of the client’s contracted rate. Please indicate below if you would like
Greenspace to perform snow duties on these days. If you decline services on these holidays, we will perform
snow removal services the following day instead at the regular contracted per plow price. We will not be able to
add or accommodate services for the holidays on the day of the holiday so please indicate in advance.
On a non-snow event day (meaning it didn't snow that day), all snow removal services will be charged at an
hourly rate of $170/hr. including drive time for the snow plow driver to and from the Greenspace shop (half
hour minimum). This includes but is not limited to snow drifting events or a client needing additional plowing
on a non-snow event day.
Ice melt application: Ice melt product will be charged at $2.75 per pound. Labor to apply ice melt will be
charged at $150/hr/person with a 15-minute minimum.
Customer understands that plowing, sanding or salting of a particular location may not clear the area to “bare
pavement” and that slippery conditions may continue to prevail even after plowing (or application of salt or
sand). Customer understands that contractor assumes no liability for this naturally occurring condition.
Customer agrees to defend and hold harmless the contractor for any and all suits that may arise as a result of
this naturally occurring condition.
Once snow falls we are unable to determine what lies under the accumulation. In order to avoid accidental
damage to turf, sprinkler heads, outdoor lighting, woody plants, and other landscape items we kindly request
clients to stake their driveways prior to Oct 15th. This requirement is in place to protect our clients’ property.
Greenspace is also available to do the staking for our clients at an additional cost.
Greenspace Landscaping, Inc. is not responsible for damage to turf grass, sprinkler heads, outdoor lighting, or
any unknown objects that have not been marked by a stake. With gravel driveways or parking areas it is likely
that gravel may be distributed into the grass during snow removal services. Greenspace is not responsible for
the distribution of this gravel. Gravel cleanup is available at an additional cost. Greenspace is not responsible
for damage to any form of paver or concrete driveways or sidewalks including stamped and colored concrete.
Reports of damage must be reported to the contractor within 24 hours. Failure to report the damages
constitutes a waiver and the contractor is released from liability.
Sanding of parking lots and sidewalks is available; please call Greenspace office for quote. Chipping of
sidewalk ice buildup is available at an additional cost of $150/hr/person (half hour minimum). Quoted contract
74
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 3 of 6
rate does not include front end loader service. Loader services for removing snow will be charged separately,
please call office for cost of services.
Please check any services you would like this season. Please note we will charge a fuel surcharge for each
service visit when gas prices are over $3.50 per gallon.
______Sidewalks Only:Under 6” $___162__ 6”+ $__182___
________Ice melt ______ Driveway or lot staking
In the County properties please indicate: Snow will be removed at ___________ inches or more (any snow
accumulation of 2" or more will be removed and invoiced automatically).
Yes, please remove snow on these Holidays (50% surcharge):
________Thanksgiving Day _________Christmas Day ________New Years Day
(11/24/22) (12/25/222) (1/1/23)
Payment Terms:
Failure to make timely payment terminates the contract and relieves the contractor from any further liability to
plow the snow.
A late charge of 1.5% per month will be imposed upon any payment which is not made within 15 days from the
date of invoice, which charge shall continue to accrue until such payment is made.
Insurance:
Greenspace Landscaping, Inc. will maintain liability insurance and (ii) workers compensation for their
employees.
Attorneys Fees and Costs:
75
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 4 of 6
Should I not pay my account as agreed, I agree to pay interest on my account at the rate of 18% on the unpaid
balance and all costs of enforcing my duty to pay, including without limitation, costs of recording and serving
liens or documentation associated with serving liens, attorney fees, title company fees, and court costs. This
proposal may be withdrawn by Seller if not accepted within (30) thirty days. A $30 charge will be added to any
checks returned by our bank.
Client Signature:_____________________________________________________________ Date:_________________
Contractor Signature:_____Micheline Halpin____________________________________Date: ___10/25/2022____
76
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Dir
SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional
Services Agreement for Software License, Equipment, and Service
Agreement with Passport Labs, LLC
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:I move to authorize the City Manager to sign a Second Amendment to the
Professional Services Agreement for Software License, Equipment, and
Service Agreement with Passport Labs, LLC
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:The Parking Services division is contracting with a new support provider for
License Plate Reader (LPR) technology. The support provider will subcontract
from Passport Labs, our permit and enforcement software provider.
Minuteman, the support provider, will support our three mobile LPR units
and thirteen fixed LPR cameras.
UNRESOLVED ISSUES:No unresolved issues
ALTERNATIVES:Alternatives as proposed by the Commission
FISCAL EFFECTS:The rates charged by the new provider are lower than the incumbent.
Support services for LPR cameras is already included in FY23 Commission
approved budget.
Attachments:
PSA Amendment Passport Minuteman Contract October
2022.docx
Report compiled on: October 20, 2022
77
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR SOFTWARE LICENSE, EQUIPMENT, AND SERVICE AGREEMENT dated July 9,
2020 (the “Agreement”) is made and entered into this 1
st day of November, 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 Passport Labs, Inc., hereinafter referred to as “Passport” or “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.Amended Scope of Work The Scope of Work attach as Exhibit E is added to the current
scope of work in Exhibits C and D as services Passport will provide to the City and
agreements between Passport and the City.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
78
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE,
EQUIPMENT, AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA PASSPORT LABS, INC.
By________________________________By_____________________________
Jeff Mihelich, City Manager Doug Rogers
Chief Revenue Officer
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
79
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 1 of 6
EXHIBIT E
City of Bozeman,MT
License Plate Recognition (LPR)Pricing -
Renewal
Labor -Remote (Recurring)
EquipmentandSoftware
➔Remote Services
➔(1)Subscription for AutoVu Managed Service 2.0 -1Yr
➔(13)AutoVu Managed Service,1-Fixed Sharp LPR connection
➔(3)AMS 1 Genetec Patroller Connection for 1 year
➔(1)AMS Upgrade to multiple Pay by Plate systems, 1 Year
➔(4)Subscription for AutoVu Managed 1 Free-Flow Lot Connection
$8,640.00
$4,669.20
$4,801.68
$1,108.08
$324.00
$5,184.00
Item Price (USD)
80
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 2 of 6
Scope of Work
Scope: Minuteman to provide remote services for 3-Mobile LPR vehicles and approximately 13-Fixed LPR
cameras.It is assumed all devices are in good working condition.It is assumed all third party connectors
are functioning and working properly.No known issues persist. This is remote support only. Should any
parts or onsite visits be deemed necessary, Minuteman will provide a quote. Minuteman currently is not
the integrator of record. Therefore, an email must be sent to Genetec Customer Service
Cost
81
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE LICENSE, EQUIPMENT,
AND SERVICE AGREEMENT
FY 2022-FY 2027
Page 3 of 6
customerservice@genetec.com asking to have Minuteman added as integrator of record.Once this is
complete, Minuteman can request an AMS renewal quote.
Minuteman assumes the following will be provided and/or installed by others:
●3-Mobile Vehicles
●13-Fixed LPRcameras
Minuteman assumes:
●All LPR related hardware/software is in good working condition and working as expected
●Assumes all work will be completed during normal business hours of Monday -Friday 7:00AM -
5:00PM.
Customer Supplied Connections:
●A high-speed internet connection with a static IP address must be provided by the customer at the head-
end location for remote access.
●A network connection must be provided at each specified location.An IP address may also be required.
Existing Devices:
●This proposal assumes that any &all existing conduit,wire,devices &hardware to be used are in
satisfactory condition
●and meet minimum requirements.
●Replacement,repairs and or changes to equipment will require change order authorization by both the
customer &
●Minuteman SecurityTechnologies,Inc.
Payment Info:
●Payment Terms:[Net30].
●Progress payments per AIA form will be submitted.
●Final Payment due upon completion of project.
Sales Agreement T&C’s
OPERATION:Customer shall be responsible for: (i)properly testing and setting the system on every
closing and to properly turn off the system on each opening (if applicable); (ii) testing any detection
device, or other electronic equipment designated in the Proposal prior to setting the System for closed
periods;(iii) notifying Minuteman promptly if such equipment fails to respond to the test; and (iv) using
and operating the System and the equipment properly and in accordance with proper operating
procedures (if customer requires Minuteman Security Technologies).Whenever Minuteman employees or
authorized representatives are sent to the Covered Premises in response to a service call or alarm signal
caused by the Customer improperly following operating instructions or failing to close or properly secure a
protected point, Customer agrees to pay an additional service charge at Minuteman's prevailing rate per
occurrence.
DELAYS -INTERRUPTION OF SERVICE: Minuteman shall not be liable for any delays, however
caused,or for interruptions of service caused by strikes,riots,floods,acts of God,loss of communication
and or other signal transmission lines,or by any event beyond the control of Minuteman.Minuteman will
not be required to furnish service to Customer while such interruption shall continue.
82
EXCLUSIONS:Services to be provided by Minuteman pursuant to this Agreement do not include:
Repair of damage or increase in service time caused by failure to continually provide a
suitable operating environment for the System as prescribed by Minuteman and/or the
manufacturer of any equipment used in the System, including, but not limited to, the failure to
provide, or the failure of, adequate and regulated electrical power, air conditioning or
humidity control; or such special requirements as contained in the Proposal hereto.
Repair of damage or increase in service time caused by use of the equipment for other than
the ordinary use for which the equipment was designed or purpose for which it was
intended.
Repair of damage, replacement parts (due to other than normal wear) or repetitive service
calls caused by the use of unauthorized supplies or equipment.
Repair of damage or increase in service time caused by: accident, disaster, which shall
include, but not be limited to, fire, flood, water, wind and lightning; transportation, neglect or
misuse, alterations, which shall include, but not be limited to, any deviation from
Minuteman's physical, mechanical or electrical machine design; attachments, which are
defined as the mechanical, electrical or electronic interconnecting to non-Minuteman
equipment and devices not supplied by Minuteman.
Electrical work external to the equipment or accessories furnished by Minuteman.
ADDITIONAL CHARGES: Unless otherwise specified in the Proposal, service charges for
the system are based upon coverage during "normal business hours of operation." Service
performed outside this window, or as a result of the failure of the Customer to adhere to the
requirements as specified by either the manufacturer or outside the scope of the Agreement,
shall be chargeable at Minuteman's prevailing rates. Customer shall not tamper with, adjust,
alter, move, remove, or otherwise interfere with equipment without Minuteman's specific
permission, nor permit the same by other contractors. Any work performed by Minuteman to
correct Customer's breach of the foregoing obligation shall be corrected and paid for by
Customer at Minuteman's prevailing rates. Remedial maintenance due to Acts of God or
events beyond the control of Minuteman shall be corrected by Minuteman and paid for by
Customer in accordance with Minuteman's prevailing rates.
83
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Resolution 5449 Authorizing Change Order 1 with CK May Excavating, Inc.
for the Bozeman Sourdough Water Transmission Main, Phase 2 Project
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Resolution 5449 authorizing Change Order No. 1 with CK May Excavating,
Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of resolution 5449 and change order number 1 for the
above referenced project. This change order includes four items. Page two
of the change order entitled “Bozeman Sourdough Phase 2 - Change Order
#1 Summary” provides a short description of each of the items involved with
this change. The remainder of the document contains the detailed backup
cost information for each item. Overall, this change will increase the
contract price by $32,958.84. There is also a increase in contract time of 10
calendar days. The final recommended change in cost and time for these
items is reasonable and commensurate with the work involved.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Increase of $32,958.84 to be paid from the Water Impact Fee Fund (WIF40).
Attachments:
Sourdough Transmission Main, Phase 2 - Change Order No.
1.pdf
Resolution 5449.doc
Report compiled on: October 19, 2022
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
1 of 2
COMMISSION RESOLUTION NO. 5449
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT
WITH CK MAY EXCAVATING, INC., BELGRADE, MONTANA.
WHEREAS,the City Commission did, on the 14th day of September 2021, authorizeaward of the
bid for the Bozeman Sourdough Water Transmission Main, Phase 2 Project to CK May Excavating, Inc.,
Belgrade, Montana; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS,it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a
municipal corporation, andCK May Excavating, Inc., as contained in Change Order No. 1,attached hereto, be
and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the
contract change order for and on behalf of the City;and the City Clerkis authorized and directed to attest such
signature.
104
Resolution No. 5449, Change Order 1 for the Bozeman Sourdough Water Transmission Main, Phase 2 Project
2 of 2
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 1st day of November, 2022.
__________________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
105
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Assistant City Manager
SUBJECT:Resolution 5452 Authorizing Prime Change Order 19 with Langlas and
Associates for Construction of the Bozeman Public Safety Center
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5452, Authorizing Prime Change Order 19 with Langlas
and Associates for Construction of the Bozeman Public Safety Center.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum
Price Amendment for Construction of the Bozeman Public Safety Center as a
part of the General Construction/Construction Manager agreement. This
amendment contains provisions for altering the conditions of the agreement
as authorized by the owner (City) to include additional work and credits
resulting in a change to the construction contingency of $73,002.77. The
majority of additional costs in this change order are attributed to
modifications to the project necessitated by enhancements to the building
requested by the City and scope gaps between the plans and specifications.
The Safety Center budget contains both owner and contractor contingencies
to address unforeseen conditions, scope gaps, and owner requested
changes. While every reasonable attempt was made to include everything in
the original project plans and specs, projects of this size and complexity
require changes during construction. The changes included in this request
are reasonable and are within existing contingency amounts and overall
project budget as authorized by the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The net amount of Change Order 19 is within the approved contingency
amounts and authorized project budget.
Attachments:
Resolution_5452 CO19.docx
BPSC Job No. 19426 Prime CO 19 rev1.pdf
106
Report compiled on: October 19, 2022
107
Version April 2020
RESOLUTION 5452
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS,the City Commission did, on July 27, 2020, authorize award of the
Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety
Center with Langlas and Associates; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be made by resolution;
and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
and modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for
Construction of the Bozeman Public Safety Center, as contained in Change Order #19, attached
hereto, be and the same are hereby approved; and the City Manager is hereby authorized and
directed to execute the contract change order for and on behalf of the City; and the City Clerk is
authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 1st day of November, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
108
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
109
110
Change Estimate Report
Project:Bozeman Public Safety Center CE No:90
Project #19426 Revision #
Change Source: Bid Package 31 Allowance Date:9/8/2022
Description:Material Off-Haul Beyond Contract Allowance (August 2021 through June 2022)
Category Description Quantity Unit Unit Cost Total
DEDUCT FROM CONTINGENCY $-
02E.0220 Material Export through 06/22/22 11232.25 CY $10.63 $119,398.82
$-
$-
$-
$-
$-
$-
$-
OFFSET $-
02E.0220 Starting Contract Allowance (4000)CY $10.63 $(42,520.00)
02E.0220 Previously Authorized Export (CE 45)(2100.25)CY $10.63 $(22,325.66)
02E.0220 June 3 - Nov 11, 2020 Missing Tickets (2790)CY $10.63 $(29,657.70)
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $24,895.46
GC/CM Business Insurance 0.625%$155.60
CM Fee 3.2%$801.64
Bond 1.0%$258.53
TOTAL $26,111.23
111
Total 3,229.21 Total 678.00 11,232.25
Date Material Quantity Date Material Truck
Truck Capacity
CY
Exported
Loads
Exported
CY
C
o
l
u
m
n
1Ticket #
05/22/2020 3" Road Mix 251.35 06/21/2022 Native Export Straight Truck 12 9 108 1154
05/28/2020 3" Road Mix 603.39 06/20/2022 Native Export Straight Truck 12 6 72 1153
05/29/2020 3" Road Mix 874.08 06/16/2022 Native Export Straight Truck 12 10 120 1327
06/01/2020 3" Road Mix 862.50 06/16/2022 Native Export Straight Truck 12 3 36 3615
06/12/2020 3" Road Mix 24.66 06/16/2022 Native Export Side Dump 20 1 20 3614
06/16/2020 3" Road Mix 20.25 06/16/2022 Native Export Side Dump 20 1 20 3612
09/01/2020 3" Road Mix 42.13 06/16/2022 Native Export Side Dump 20 1 20 3613
09/11/2020 3" Road Mix 41.44 06/16/2022 Native Export Side Dump 20 1 20 1151
09/29/2020 3" Road Mix 83.69 06/15/2022 Native Export Straight Truck 12 13 156 1326
10/12/2020 3" Road Mix 99.97 06/15/2022 Native Export Straight Truck 12 6 72 3609
10/13/2020 3" Road Mix 160.62 05/10/2022 Native Export Straight Truck 12 2 24 1021
10/16/2020 3" Road Mix 114.91 04/28/2022 Native Export Straight Truck 12 1 12 1313
11/03/2020 3" Road Mix 82.67 04/27/2022 Native Export Straight Truck 12 3 36 1275
11/04/2020 3" Road Mix 42.52 04/26/2022 Native Export Straight Truck 12 2 24 1016
11/06/2020 3" Road Mix 86.02 04/25/2022 Native Export Straight Truck 12 4 48 1310
12/18/2020 Adjustment (161.00) 04/20/2022 Native Export Straight Truck 12 12 144 1273
04/19/2022 Native Export Straight Truck 12 2 24 1272
04/18/2022 Native Export Side Dump 20 1 20 1270
04/18/2022 Native Export Straight Truck 12 5 60 1008
04/15/2022 Native Export Side Dump 20 1 20 1660
03/18/2022 Native Export Straight Truck 12 9 108 Tickets
11/10/2021 Native Export Straight Truck 12 5 60 x
11/10/2021 Native Export Side Dump 20 7 140 x
11/10/2021 Native Export Side Dump 20 9 180 x
11/10/2021 Native Export Side Dump 20 11 220 x
11/10/2021 Native Export Side Dump 20 12 240 x
11/10/2021 Native Export Side Dump 20 8 160 x
11/10/2021 Native Export Straight Truck 12 3 36 x
11/09/2021 Native Export Straight Truck 12 4 48 x
11/09/2021 Native Export Straight Truck 12 3 36 x
11/09/2021 Native Export Side Dump 20 4 80 x
11/09/2021 Native Export Straight Truck 12 5 60 x
11/09/2021 Native Export Side Dump 20 11 220 x
11/09/2021 Native Export Straight Truck 12 13 156 x
11/03/2021 Native Export Side Dump 20 5 100 x
09/01/2021 Native Export Side Dump 20 9 180 x
08/31/2021 Native Export Side Dump 20 8 160 x
08/31/2021 Native Export Straight Truck 12 9 108 x
08/30/2021 Native Export Side Dump 20 5 100 x
08/30/2021 Native Export Straight Truck 12 4 48 x
08/24/2021 Native Export Side Dump 20 1 20 x
08/24/2021 Native Export Side Dump 20 7 140 x
08/23/2021 Native Export Straight Truck 12 6 72 x
08/23/2021 Native Export Side Dump 20 7 140 x
08/19/2021 Native Export Side Dump 20 6 120 x
08/18/2021 Native Export Side Dump 20 7 140 x
08/17/2021 Native Export Side Dump 20 7 140 x
08/16/2021 Native Export Side Dump 20 7 140 x
08/16/2021 Native Export Straight Truck 12 9 108 x
08/13/2021 Native Export Side Dump 20 8 160 x
08/13/2021 Native Export Straight Truck 12 2 24 x
08/11/2021 Native Export Straight Truck 12 6 72 x
08/11/2021 Native Export Straight Truck 12 30 360 x
03/26/2021 Native Export Side Dump 20 39 780 x
03/22/2021 Native Export Side Dump 20 85 1700 x
Import Material
Under Building Footprint Export Material
Project:
Date:
Company Name:
6/21/2022
Langlas and Associates
Bozeman Public Safety Center
112
12/18/2020 Footer
Dimensions Adjustment -249.75 1 (249.75)
12/18/2020 Concrete
Overpour Adjustment -38 1 (38.00)
12/15/2020 Native Export Straight Truck 12 7 84.00 x
12/14/2020 Native Export Straight Truck 12 23 276.00 x
11/25/2020 Native Export Side Dump 20 4 80.00 x
11/24/2020 Native Export Side Dump 20 6 120.00 x
11/24/2020 Native Export Transfer 22 3 66.00 x
11/23/2020 Native Export Side Dump 20 4 80.00 x
11/23/2020 Native Export Transfer 22 2 44.00 x
11/20/2020 Native Export Side Dump 20 7 140.00 x
11/18/2020 Native Export Side Dump 20 6 120.00 x
11/13/2020 Native Export Straight Truck 12 9 108.00 x
11/11/2020 Native Export Transfer 22 11 242.00 x
11/10/2020 Native Export Transfer 22 16 352.00 x
10/16/2020 Native Export Side Dump 20 12 240.00 x
10/13/2020 Native Export Side Dump 20 5 100.00 x
10/13/2020 Native Export Side Dump 20 10 200.00 x
10/12/2020 Native Export Side Dump 20 5 100.00 x
09/09/2020 Native Export Side Dump 20 4 80.00 x
08/26/2020 Native Export Side Dump 20 40 800.00 x
08/24/2020 Native Export Side Dump 20 5 100.00 x
07/01/2020 Asphalt Millings Straight Truck 12 2 24.00
07/01/2020 Asphalt Millings Straight Truck 12 3 36.00
06/30/2020 Asphalt Millings Straight Truck 12 6 72.00
06/30/2020 Asphalt Millings Straight Truck 12 10 120.00
06/09/2020 Asphalt Millings Haul Truck 18 2 36.00
06/09/2020 Asphalt Millings Haul Truck 18 3 54.00
06/09/2020 Asphalt Millings Haul Truck 18 4 72.00
06/09/2020 Asphalt Millings Straight Truck 12 9 108.00
06/03/2020 Asphalt Millings Haul Truck 18 3 54.00
113
Change Estimate Report
Project:Bozeman Public Safety Center CE No:105
Project #19426 Revision #2
Change Source: Submittal #850 Date:9/8/2022
Description:Folding Glass-Panel Partition Re-Engineering and Design Coordination
Category Description Quantity Unit Unit Cost Contract Add Contingency
ADD $-$-
06A.0610 Material & Installation of C-Channel Supports 1 sum $1,555.00 $1,555.00 $-
DEDUCT FROM CONTINGENCY $-$-
08B.0840 Cost to use Solor Innovations to meet all plan/spec
requirements 1 sum $6,500.00 $-$6,500.00
$-$-
$-$-
$-$-
DEDUCT $-$-
Resubmittal Drafting Charges (1)sum $900.00 $-$(900.00)
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
$-$-
SUBTOTAL $1,555.00 $5,600.00
GC/CM Business Insurance 0.625%$9.72 $35.00
CM Fee 3.2%$50.08 $180.32
Bond 1.0%$16.15 $58.16
TOTAL $1,630.95 $5,873.48
114
Change Order
Order#: 4 - SI Door Changes
Project: To: Langlas & Associates*
1019 East Main Street
Suite 101
Bozeman MT 59715
Bozeman Public Safety Center
300 E Oak St
Bozeman MT 59715
778,730.00
The contractor agrees to perform and the owner agrees to
pay for the following changes to this contract.
Requested Amount of Change
-1,650.00
The original Contract Sum was
Plans Attached
777,080.00
Contractor: Date:
Negative changes will lower the overall contract
price requiring no additional payment by owner.
Order Date:
Ordered By: Customer Order:
04/04/2022
14 Cody Armknecht
Net change by previous Change Orders
The Contract Sum prior to this Change Order
The Contract Sum will be changed by this Change Order
The new Contract Sum including this Change Order will be 783,580.00
14465
6,500.00
6,500.00
PO Box 10067
Bozeman MT 59719
(406) 586-0581
Specifications Attached
Description of Work Amount
SI Door Changes
Change from Bid Day Product 2,800.00
Add for Laminated Glazing 1,100.00
Drafting Charges for Resubmittal 900.00
Custom Corner Closure Piece 1,700.00
115
1 / 1
Bill To:Langless
invoices@langlas.com
Invoice No:211
Date:05/21/2022
Terms:NET 0
Due Date:05/21/2022
Description Quantity Rate Amount
Glass Curtain wall brackets, handrail repair, replace and complete. Sliding door brackets and bracing all welding and
materials .
1 $3,110.00 $3,110.00
Subtotal $3,110.00
TAX 0%$0.00
Total $3,110.00
PAID $0.00
Balance Due $3,110.00
US Enterprises Invoice
Parts Subtotal $3,110.00
2829 Swamp Road
Belgrade, Montana 59714
406-581-7066
Knutson_jeremy@hotmai.com
116
Change Estimate Report
Project:Bozeman Public Safety Center CE No:115
Project #19426 Revision #
Change Source: Owner Request Date:3/24/2022
Description:Relocation of Fiber Backbone from MDF to Data Center
Category Description Quantity Unit Unit Cost Total
ADD $-
01D.0170 Protection of Finishes and Cleaning 1 sum $350.00 $350.00
03A.0320 Core Drill 4" Hole 3 mh $75.00 $225.00
26A.1600 4" Sleeve and Smoke Seal No Charge $-
27A.1700 Move Fiber Backbone from MDF to Data Center 1 sum $463.17 $463.17
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $1,038.17
GC/CM Business Insurance 0.625%$6.49
CM Fee 3.2%$33.43
Bond 1.0%$10.79
TOTAL $1,088.88
117
Estimate
Date
3/24/2022
Estimate #
74536
Name / Address
Langlas & Associates
1019 East Main Street, Ste 101
Bozeman, MT 59715
CompuSource, Inc.
411 East Birch St.
Bozeman, MT 59715
Job Name
BPSC
Terms
Net 30
Project
Bozeman Public Saf...
Signature
Phone #
406-587-1616
Fax #Web Site
www.compusourcenow.com
Total
Item Description Qty Rate Total
Langlas & Assoc. : BPSC : Backbone fiber move from
MDF to Data Center and also reducing the number of
strand from 24 to 12
labor labor to move all IDF Fiber service loop to MDF 10.00 75.00 750.00
labor labor to install vertical path for new core in Data Center 1.50 75.00 112.50
10250-712 Chatsworth Cable Runway 12in Wide 10ft long Black 1.00 105.10 105.10
14304-718 18" Cross Member Radius Drop Black 1.00 38.81 38.81
10608-701 VERTICAL WALL BRACKETS, Used to secure Cable
Runway with 1-1/2” x 3/8”
stringers to a wall. Sold in pairs
2.00 18.36 36.72
11309-701 Foot Kit Cable Runway 1.00 35.04 35.04
labor labor Credit for fusion splicing 24 strand down to 12
Strands MM Fiber
-4.00 75.00 -300.00
FUSE-LC9M50L-6 AFL Fuse Connect for MM 50u LC 10 GIG pack of 6
connectors
-4.00 78.75 -315.00
Exclustion: Core drill % Sleeving material
_____________________________________
$463.17
118
Change Estimate Report
Project:Bozeman Public Safety Center CE No:122
Project #19426 Revision #
Change Source: RFI 266 Date:5/26/2022
Description:Dedicated Circuit for Clean Agent System in Data Center
Use one of the spare 20A circuit breakers located in panel 2BLOS1 (in electrical room 271).
Category Description Quantity Unit Unit Cost Total
ADD $-
26A.1600 Dedicated Circuit to Panel 2BLOS1 1 sum $857.49 $857.49
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $857.49
GC/CM Business Insurance 0.625%$5.36
CM Fee 3.2%$27.62
Bond 1.0%$8.91
TOTAL $899.38
119
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #RFI266
Date:5/26/2022
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for RFI266 which involves providing dedicated circuitry
for the clean agent system in the data center from panel 2BLOS1 per direction in RFI266.
Note: This will require a temporary shut down of panel 2BLOS1 for landing of additional circuit.
Itemized Breakdown
Description Qty Net Price U Total Mat.LaborU Total Hrs.
3/4" CONDUIT - EMT 60 122.86 C 73.72 4.00C 2.40
3/4" CONN SS STL - EMT 4 106.19 C 4.25 12.50C 0.50
3/4" COUPLING SS STL - EMT 10 108.61 C 10.86 5.00C 0.50
3/4" TYPE LB STD CONDUIT BODY W/ CVR & GSKT - RM 1 23.77 E 23.77 0.63E 0.63
3/4" EMT & 1/2" RMC 1-PC STRUT CLAMP W/ SADDLE -4 253.14 C 10.13 5.75C 0.23
3/4" SPRING STL CONDUIT CLAMP W/ BOLT 8 75.68 C 6.05 7.50C 0.60
#12 THHN SOLID BLACK 190 205.17 M 38.98 6.75M 1.28
WIRE CONN RED (#16 TO #10)3 0.00C 0.00 5.75C 0.17
4x 2 1/8" SQ BOX COMB KO 1 290.23 C 2.90 28.75C 0.29
4" SQ BLANK COVER 1 58.84 C 0.59 3.13C 0.03
GROUND SCREW W/ INSUL #12 LEAD 1 8.71E 8.71 3.75C 0.04
#12/3C EQUIPMENT TERM 1 0.00E 0.00 0.61E 0.61
Totals 284 179.96 7.28
Summary
General Materials 179.96
ORIGINAL
120
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #RFI266
Date:5/26/2022
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:2
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Summary (Cont'd)
Material Total 179.96
JOURNEYMAN (7.28 Hrs @ $61.00) 444.08
FOREMAN @ 25%(1.82 Hrs @ $61.00) 111.02
Subtotal 735.06
Overhead (@ 10.000 %) 73.51
Markup (@ 5.000 %) 40.43
Subtotal 849.00
1% GRT (@ 1.000 %) 8.49
Final Amount $857.49
ORIGINAL
121
Date Issued:
To:Submitted by:
Attn:
Email:Reference:
Tel:Fax
Subject:
Information Requested:
Potential Cost Impact Potential Sched. Impact Response Requested By:
Response:
Signed By:Date Answered:
RFI Direction Notice:
Proceed with work as noted above.
Do not proceed with work. Please provide pricing for work as described above.
Distribution
RFI #Request For Information
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088
1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110
280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
Bozeman Public Safety Center 266
ThinkOne Architects
Jon Wirth
jwirth@think1.com
(406) 586-7020
05/04/2022
Sam Holt
Langlas & Associates, Inc.
Clean Agent Product
Clean Agent Circuit for Data Center
The clean agent for the data center notes a 120v power connection. Please specify which circuit should be used for this device, as well
as if it should be dedicated.
4 4 5/11/22
Langlas & Associates- File
Russell Pierce - LL
Elizabeth Oliver - LL
Mark Dehn - LL
Jon Wirth - Think1
Konnor Backer - LL
Austin Jacobsen - LL
Use one of the spare 20A circuit breakers located in panel 2BLOS1 (in electrical room 271). This willbe a dedicated circuit.
Contractor to coordinate with resubmittal of system product data and shop drawings.
Darin van Oosterhout, ACE May 4, 2022
122
Change Estimate Report
Project:Bozeman Public Safety Center CE No:123
Project #19426 Revision #1
Change Source: OAC 06/09/22 Discussion Date:8/20/2022
Description:Diesel and Propane Fuel Price Increases
Contractor requests use of construction contingency to cover market price escalation on propane and diesel fuel pricing
since bid day in July 2020.
Category Description Quantity Unit Unit Cost Total
ADD $-
22A.2200 Propane Fuel Cost July 2022 2681 gallons $2.33 $6,242.26
22A.2200 Propane Fuel Cost July 2022 1500 gallons $2.25 $3,375.00
22A.2200 #1 Dyed Diesel Fuel (Convault) Cost July 2022 1750 gallons $5.44 $9,518.25
22A.2200 #2 Dyed Diesel Fuel (Convault) Cost July 2022 1750 gallons $6.16 $10,778.25
26A.2600 Diesel Fuel (Generator) Cost 2022 1000 gallons $5.11 $5,113.50
$-
$-
$-
DEDUCT $-
22A.2200 Propane Fuel Cost June 2020 Bid (4000)gallons $1.98 $(7,920.00)
22A.2200 Diesel Fuel (Convault) Cost June 2020 Bid (4000)gallons $2.43 $(9,720.00)
26A.2600 Diesel Fuel (Generator) Cost June 2020 Bid (1328)gallons $2.50 $(3,320.00)
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $14,067.26
GC/CM Business Insurance 0.625%$87.93
CM Fee 3.2%$452.97
Bond 1.0%$146.09
TOTAL $14,754.25
123
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #GEN FUEL
Date:8/30/2022
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:1
Client Address:
Langlas & Associates, Inc.
Contact: Elizabeth Oliver
1019 East Main Street Suite 101
Bozeman, MT 59715
Work Description
Name of Project: Bozeman Public Safety Center
We reserve the right to correct this quote for errors and omissions.
This quote covers direct costs only, and we reserve the right to claim for impact and consequential costs.
This price is good for acceptance within 10 days from the date of receipt.
We request a time extension of x days.
The following is our Division 16 pricing for GEN FUEL which involves the cost difference
between generator fuel at the time of the bid and the current fuel price.
Note: Rate at time of bid was 2.50 per gallon.
Note: Current rate for testing and final fill are shown on the attached invoices.
Note: Proposal includes cost difference for both 300 gallons of fuel for testing and fuel for final
fill after completion of testing.
Itemized Breakdown
Description Qty Net Price U Total Mat.LaborU Total Hrs.
INCLUDED TESTING -1 750.00 E -750.00 0.00E -0.00
CURRENT TESTING 1 1,631.70 E 1,631.70 0.00E 0.00
INCLUDED FILL -1 2,570.00 E -2,570.00 0.00E -0.00
CURRENT FILL 1 3,481.80 E 3,481.80 0.00E 0.00
Totals 0 1,793.50 0.00
Summary
General Materials 1,793.50
Material Total 1,793.50
Subtotal 1,793.50
ORIGINAL
124
PROPOSED CHANGE ORDER
Liberty Electric Inc.
9660 Summit Drive
Missoula, MT 59808
CCN #GEN FUEL
Date:8/30/2022
Project Name:Bozeman Public Safety Center
Project Number:BZ20SAFETY
Page Number:2
Client Address:
Langlas & Associates, Inc.
1019 East Main Street Suite 101
Bozeman, MT 59715
Summary (Cont'd)
Final Amount $1,793.50
ORIGINAL
125
Invoice No:IN-019057-22
Invoice Date:
Delivery Date:
Account ID:N10020649
Lift Date/Time:
Tue 08/30/2022
Thu 08/25/2022
Thu 08/25/22 03:09p
Parkland USA Corporation dba Farstad Oil
PO Box 1842
Minot, ND 58702-1842
(701) 852-1194
Remit To:Parkland USA Corporation dba Farstad Oil
NE 7948
PO BOX 1450
Minneapolis, MN 55485-7948
Effective May 1, 2022 all credit card payments will incur a 2.5% processing fee.
Alternate payment options remain in place including ACH direct payment, cash or check.
Bill To:Ship To:
Reference No.:P.O. No:
Salesperson:
New COB Gen
House Account, Bozeman
ID:1
Order No:ON-218611-22
9660 Summit Dr
Missoula, MT 59808 9660 Summit Dr
Missoula, MT 59808
Liberty Electric Inc
Liberty Electric
Description BOL No Gross Units Net Units Basis Unit Price Total
Dsl Fuel 2 Dyed Uls 101122 350.00 350.00 4.649000 1,627.15 Gross
Dsl Fuel 1 Dyed Uls 101122 350.00 350.00 5.249000 1,837.15 Gross
Wintermax Additive Gals Fuel 101122 350.00 350.00 0.050000 17.50 Gross
Tax and Other Charges Included in Price Basis Rate Amount
0.35 Federal Lust Tax - Dsl Fuel 1 Dyed Uls 0.001000 350.00 Gross
0.35 Federal Lust Tax - Dsl Fuel 2 Dyed Uls 0.001000 350.00 Gross
0.75 Federal Oil Spill - Diesel - Dsl Fuel 1 Dyed Uls 0.002143 350.00 Gross
0.75 Federal Oil Spill - Diesel - Dsl Fuel 2 Dyed Uls 0.002143 350.00 Gross
2.63 MT Cleanup Fee - Dsl Fuel 1 Dyed Uls 0.007500 350.00 Gross
2.63 MT Cleanup Fee - Dsl Fuel 2 Dyed Uls 0.007500 350.00 Gross
Invoice Total
****Payment Terms Summary****
1,050.00 1,050.00 $3,481.80
Due by Fri 09/09/2022 (Net 10 Days disc .04 per gal)If paid by Tue 09/13/2022 pay3,439.80 3,481.80
Gross Net
126
TESTING
127
June 2020 AS BIDTotalsPropane4000gal.1.98$ 7,920.00$ *Propane tanks are only able to be filled to 80% of tank capacityDiesel4000gal.2.43$ 9,720.00$ Total:17,640.00$ O&P not included.June 14, 2022 pricesInvoice #1Madison RiverPropane2680.8gal.2.33$ 6,246.26$ *Propane tanks are only able to be filled to 80% of tank capacityInvoice #2Madison RiverPropane1500gal.2.25$ 3,375.00$ *Propane tanks are only able to be filled to 80% of tank capacityInvoice #1Farstad#1 DYED Diesel + taxes/surcharges1750gal.5.44$ 9,518.25$ *Farstad Oil recommends only filling tank to 90% capacity.Invoice #2Farstad#2 DYED Diesel + taxes/surcharges1750gal.6.16$ 10,778.25$ 4000*.90=3600gal.Total:29,917.76$ ** Red Dyed diesel is not taxed, and therefor not legal for on-road use.Difference from bid day:12,277.76$ 128
129
130
131
132
Change Estimate Report
Project:Bozeman Public Safety Center CE No:129
Project #19426 Revision #
Change Source: RFI 274 Date:6/23/2022
Description:Buried Asphalt in Oak St Boulevard Removal and Replace with Topsoil
Asphalt was uncovered in the Oak St. boulevard. Approx. 8 inches thick. Appears to be an old driveway.
Category Description Quantity Unit Unit Cost Total
ADD $-
Remove Buried Asphalt and Replace w/ Topsoil 1 sum $3,350.00 $3,350.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $3,350.00
GC/CM Business Insurance 0.625%$20.94
CM Fee 3.2%$107.88
Bond 1.0%$34.79
TOTAL $3,513.61
133
Date:6/23/2022
Original Contract Sum:
Date of Completion:
Completion of this project in its entirety remains unchanged
Signature:Signature:
Name:Name:
Date:Date:
Oak St Boulevard Asphalt Removal
CHANGE ORDER
Bozeman Public Safety Center
Langlas & Associates
1019 E. Main St. #101
Bozeman, MT 59715
This CHANGE ORDER is issued by Greater Gallatin Contractors, Inc., under the same terms and conditions of the above
references project contract. The contract documents are hereby amended as follows.
This CHANGE ORDER includes all material, labor, tools and equipment necessary to complete the following work and to
adjust the contract as indicated. We are therefor directed to make the following changes to this contract.
TOTAL:DESCRIPTION:
PROJECT:
CONTRACTOR:REFERENCE:
CHANGE ORDER NO.
$3,350.00Saw cut and excavate buried asphalt, replace with more topsoil
$3,350.00
CONTRACTOR
Greater Gallatin Contractors Inc.
CLIENT
TOTAL CHANGE ORDER AMOUNT:
Greater Gallatin Contractors, Inc Change Order Rev 8/7/17 134
Change Estimate Report
Project:Bozeman Public Safety Center CE No:130
Project #19426 Revision #1
Change Source: Submittal 6160 Date:7/6/2022
Description:Additional Interior Panel Signage
Returned comments on submittal included additional signs not in original bid documents; sign types H-L added.
Category Description Quantity Unit Unit Cost Total
ADD $-
10B.1014 Supply and Install Additional Sign Types H-L $-
Style H - Vinyl Stickers 13 ea $12.50 $162.50
Style I - Engraved Material w/ Vinyl Graphics 12 ea $8.50 $102.00
Style J - Engraved Material w/ Vinyl Graphics 5 ea $7.50 $37.50
Style K - Flag Mounted Signs 4 ea No Charge $-
Style L - Engraved Sign w/ Braille 19 ea $15.95 $303.05
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $605.05
GC/CM Business Insurance 0.625%$3.79
CM Fee 3.2%$19.49
Bond 1.0%$6.29
TOTAL $634.62
135
136
Change Estimate Report
Project:Bozeman Public Safety Center CE No:130a
Project #19426 Revision #
Change Source: CoB Request Date:7/22/2022
Description:Refurbish FD Sign
Cost to refurbish FD sign same as PD sign.
Category Description Quantity Unit Unit Cost Total
ADD $-
10B.1014 Refurbish Existing FD Sign 1 sum $3,360.00 $3,360.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $3,360.00
GC/CM Business Insurance 0.625%$21.00
CM Fee 3.2%$108.20
Bond 1.0%$34.90
TOTAL $3,524.10
137
Change Estimate Report
Project:Bozeman Public Safety Center CE No:131
Project #19426 Revision #
Change Source: Email w/ Sam H Date:7/6/2022
Description:Area D Roof Screen Door RH-101 Fabrication
Uncovered scope of Work discovered in misc. steel bid package. Fabrication of gate (RH-101) not included in misc. steel
bid package.
Category Description Quantity Unit Unit Cost Total
ADD $-
05B.0520 Area D Roof Screen Door RH-101 Fabrication 1 sum $2,990.00 $2,990.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $2,990.00
GC/CM Business Insurance 0.625%$18.69
CM Fee 3.2%$96.28
Bond 1.0%$31.05
TOTAL $3,136.02
138
TrueNorth Steel, Inc - FGST
Page 1 of 1
Date: 7/2/2022
CO #: 30
Job #: PMN0382
Bozeman Public Safety Center
4401 Main Ave
Fargo, ND 58103
Phone: 701-282-2345
Fax: 701-282-5516
Change Order Request
Langlas and Associates
2270 Grant Rd.
Billings, MT 59102
To:Elizabeth Oliver
Subject:Screen wall Door
Change Requested By:J. Chiono
Sent Via:E-mail
Description of Change:
Screen wall door frame not included in initial proposal
Per coordination with Langlas, reduced HSS wall thickness to 3/16. Does not include install
Material & Galv: $774
Labor & Freight: $1320
Detailing: $480
+POH 15%
+tax 29.60
The change will cause an increase of $2,990.00 to the contract amount.
TrueNorth Steel, Inc - FGST
A signature below indicates acceptance of all changes shown herein. Any work associated with this
change will begin upon receipt of a signed copy of this C.O. in our office. Approval of this change order
is due by 7/15/2022. If the approval time is not met, this change order is subject to cost and schedule
impact review.
Accepted By
139
140
141
142
1
Jenna Chiono
From:Sam Holt <Sholt@langlas.com>
Sent:Thursday, June 30, 2022 4:02 PM
To:Jenna Chiono
Subject:Re: BPSC - Area D Roof Pass Thru Door in Screen Wall.pdf
❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless you know the
content is safe.
Reduce it, thats fine.
Sam Holt
Langlas and Associates
406-451-4450
On Jun 30, 2022, at 1:48 PM, Jenna Chiono <Jenna.Chiono@truenorthsteel.com> wrote:
Hi Sam –
Sorry it’s been a bit since we discussed this- looking into it some more and have some concerns with the
material:
1. 2x2x1/2 HSS is a specialty item, if it’s even available--- ¼” is thickest wall typical
2. Even with ¼” thick wall, the door will be about 140#
3. We could do solid 2x2, but that’s closer to 300some pounds..
So, I’d like to see if we could reduce the wall thickness to ¼ or 3/16? I can send a formal RFI, but in order
to price this accurately, we’ll need to know this info first!! Thanks!!
Thanks,
Jenna Chiono
Project Manager
406-869-2618 Direct
406-702-0350 Cell
www.truenorthsteel.com
1501 South 30th Street West
Billings, MT 59102
From: Sam Holt <Sholt@langlas.com>
Sent: Tuesday, June 7, 2022 5:03 PM
143
2
To: Jenna Chiono <Jenna.Chiono@TrueNorthSteel.com>
Subject: BPSC - Area D Roof Pass Thru Door in Screen Wall.pdf
❗ CAUTION: This email originated outside of the organization. Do not open any links or attachments unless
you know the content is safe.
Jenna,
See attached for that screen-wall door we spoke about on the phone. RO dimensions are
34” wide x 76” tall.
Let me know, thanks,
Sam Holt
Langlas & Associates
1019 East Main Street, Suite 101
Bozeman, MT 59715
Cell: 406-451-4450
144
Change Estimate Report
Project:Bozeman Public Safety Center CE No:134
Project #19426 Revision #
Change Source: PR 34 Date:7/21/2022
Description:Drought Tolerant Demo Bed
Owner has reqested a demonstration bed for drought tolerant planting.
Category Description Quantity Unit Unit Cost Total
ADD $-
Substitute 13 one-gallon Echinaceafor Daylily 1 sum $238.00 $238.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $238.00
GC/CM Business Insurance 0.625%$1.49
CM Fee 3.2%$7.67
Bond 1.0%$2.48
TOTAL $249.64
145
Change Estimate Report
Project:Bozeman Public Safety Center CE No:135
Project #19426 Revision #
Change Source: Allowance Log Date:9/8/2022
Description:Winter Conditions & Const. Survey and Staking Allowance Reconciliation
Category Description Quantity Unit Unit Cost Total
ADD $-
01H.0195 Final Winter Conditions Expenditure 1 sum $677,865.88 $677,865.88
02D.0200 Final Const. Survey and Staking Expenditure 1 sum $27,026.85 $27,026.85
$-
$-
$-
$-
$-
$-
$-
DEDUCT $-
01H.0195 Original Winter Conditions Allowance (1)sum $730,000.00 $(730,000.00)
02D.0200 Original Const. Survey and Staking Allownace (1)sum $40,000.00 $(40,000.00)
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $(65,107.27)
GC/CM Business Insurance 0.625%$(406.93)
CM Fee 3.2%$(2,096.46)
Bond 1.0%$(676.11)
TOTAL $(68,286.77)
146
Allowance Spending Report
Project: Bozeman Public Safety Center Allowance No:2
Project # 19426 Date Updated:9/23/2022
Description:Winter Conditions Allowance
Starting Allowance Amount:$250,000.00
Additions per CE 58, PCO 10:$580,000.00
Reduction per CE 93, PCO 16:($100,000.00)
Revised Allowance Amount:$730,000.00
Category Quantity Unit Unit Cost Total
57,056.25$
01H.0195 234 cy 5.78$ 1,351.35$
01H.0195 10/21/2020 JONATHAN ROYBAL 2 mh 58.50$ 117.00$
01H.0195 11/4/2020 CLANCY FINCHUM 8.5 mh 58.50$ 497.25$
01H.0195 11/4/2020 JONATHAN ROYBAL 48 mh 58.50$ 2,808.00$
01H.0195 11/4/2020 JONATHAN ROYBAL 8.5 OT mh 77.00$ 654.50$
01H.0195 11/18/2020 CLANCY FINCHUM 51 mh 58.50$ 2,954.25$
01H.0195 11/18/2020 CLANCY FINCHUM 5 OT mh 77.00$ 346.50$
01H.0195 11/18/2020 JONATHAN ROYBAL 62 mh 58.50$ 3,597.75$
01H.0195 11/18/2020 JONATHAN ROYBAL 13 OT mh 77.00$ 1,001.00$
01H.0195 11/18/2020 CHARLES SUTHERLAND 40 mh 58.50$ 2,340.00$
01H.0195 11/18/2020 CHARLES SUTHERLAND 1 OT mh 77.00$ 77.00$
01H.0195 MACON SUPPLY, INC.1 sum 3,300.00$ 3,300.00$
01H.0195 MACON SUPPLY, INC.1 sum 7,000.00$ 7,000.00$
01H.0195 KENYON NOBLE LUMBER INC 1 sum 191.07$ 191.07$
01H.0195 H&E EQUIPMENT SERVICES LLC INC 1 sum 496.28$ 496.28$
01H.0195 MACON SUPPLY, INC.1 sum 7,000.00$ 7,000.00$
01H.0195 KEY RENTALS GROUP LLC 1 sum 415.00$ 415.00$
01H.0195 EDGE CONSTRUCTION SUPPLY INC 1 sum 801.40$ 801.40$
01H.0195 EDGE CONSTRUCTION SUPPLY INC 1 sum 2,707.00$ 2,707.00$
01H.0195 KEY RENTALS GROUP LLC 1 sum 6,845.00$ 6,845.00$
01H.0195 CK MAY EXCAVATING 11.09.20 Winter Conditions 1 sum 367.65$ 367.65$
01H.0195 12/2/2020 CLANCY FINCHUM 70 MH 58.50$ 4,065.75$
01H.0195 12/2/2020 CLANCY FINCHUM 5 OT MH 77.00$ 385.00$
01H.0195 12/2/2020 JONATHAN ROYBAL 57 MH 58.50$ 3,334.50$
01H.0195 12/2/2020 CHARLES SUTHERLAND 70 MH 58.50$ 4,095.00$
01H.0195 12/2/2020 CHARLES SUTHERLAND 4 OT MH 77.00$ 308.00$
160,325.58$
01H.0195 CK MAY EXCAVATING Pump Water Service Lines 1 sum 562.88$ 562.88$
01H.0195 CK MAY EXCAVATING 12.14.20 Winter Conditions 1 sum 359.50$ 359.50$
01H.0195 LL 6GH04 Wacker 3000 Ground Heater - October 2 weeks 2,700.00$ 5,400.00$
01H.0195 LL 6GH04 Wacker 3000 Ground Heater - November 1 month 6,000.00$ 6,000.00$
01H.0195 LL 6GH04 Wacker 3000 Ground Heater - December 1 month 6,000.00$ 6,000.00$
01H.0195 Diesel Fuel 2593 gallons 2.29$ 5,938.89$
01H.0195 12/16/2020 CLANCY FINCHUM 75 mh 58.50$ 4,387.50$
01H.0195 12/16/2020 CLANCY FINCHUM 10.5 OT mh 77.00$ 808.50$
01H.0195 12/16/2020 JONATHAN ROYBAL 66.5 mh 58.50$ 3,890.25$
01H.0195 12/16/2020 JONATHAN ROYBAL 19 OT mh 77.00$ 1,463.00$
01H.0195 12/16/2020 CHARLES SUTHERLAND 80 mh 58.50$ 4,680.00$
01H.0195 12/16/2020 CHARLES SUTHERLAND 11.5 OT mh 77.00$ 885.50$
01H.0195 BIG SKY STAFFING CORP INV 1647 1 sum 5,386.14$ 5,386.14$
01H.0195 BIG SKY STAFFING CORP INV 1666 1 sum 5,532.50$ 5,532.50$
01H.0195 SIMKINS HALLIN INV 787700 1 sum 3,179.52$ 3,179.52$
01H.0195 SIMKINS HALLIN INV 790200 1 sum 887.50$ 887.50$
01H.0195 12/29/2020 CLANCY FINCHUM 73.5 mh 58.50$ 4,299.75$
Pay App 15
Description
Pay App 14
EASTON CONCRETE October Cold Weather
147
Category Quantity Unit Unit Cost TotalDescription
Pay App 1401H.0195 12/29/2020 CLANCY FINCHUM 10 OT mh 77.00$ 770.00$
01H.0195 12/29/2020 LOGAN MIDDLETON 9 mh 40.00$ 360.00$
01H.0195 12/29/2020 JONATHAN ROYBAL 79 mh 58.50$ 4,621.50$
01H.0195 12/29/2020 JONATHAN ROYBAL 12.5 OT mh 77.00$ 962.50$
01H.0195 12/29/2020 CHARLES SUTHERLAND 64 mh 58.50$ 3,744.00$
01H.0195 12/29/2020 CHARLES SUTHERLAND 6.5 OT mh 77.00$ 500.50$
01H.0195 12/29/2020 DAVE MARSTON JR.21 mh 58.50$ 1,228.50$
01H.0195 12/29/2020 SAM SYKES 30 mh 58.50$ 1,755.00$
01H.0195 BIG SKY STAFFING INV 1680 1 sum 6,469.22$ 6,469.22$
01H.0195 BIG SKY STAFFING INV 1693 1 sum 4,039.61$ 4,039.61$
01H.0195 CHI COMPANIES INV 26793-2 1 sum 28,420.00$ 28,420.00$
01H.0195 EDGE CONSTRUCTION SUPPLY INV Aa0256 1 sum 379.00$ 379.00$
01H.0195 BIG SKY STAFFING INV 1704 1 sum 4,800.69$ 4,800.69$
01H.0195 EASTON CONCRETE November Cold Weather 1 sum 2,621.85$ 2,621.85$
01H.0195 H&E INV 95593597 Ground Heater Service 1 sum 489.79$ 489.79$
01H.0195 MACON SUPPLY INV 974231 1 sum 5,250.00$ 5,250.00$
01H.0195 KEY RENTALS INV 3782 1 sum 6,750.00$ 6,750.00$
01H.0195 H&E INV 95602710 Skid Steer 1 sum 2,520.80$ 2,520.80$
01H.0195 EDGE CONSTRUCTION SUPPLY INV Aa0274 1 sum 4,169.00$ 4,169.00$
01H.0195 H&E INV 95556672 Ground Heater Rental 1 sum 7,289.30$ 7,289.30$
01H.0195 H&E INV 95556673 Ground Heater Rental 1 sum 7,289.30$ 7,289.30$
01H.0195 1 sum 5,194.83$ 5,194.83$
01H.0195 1 sum 280.00$ 280.00$
01H.0195 1 sum 566.21$ 566.21$
01H.0195 1 sum 192.55$ 192.55$
103,896.99$
01H.0195 1/13/2021 CLANCY FINCHUM 80 mh 58.50$ 4,680.00$
01H.0195 1/13/2021 CLANCY FINCHUM 19.5 OT mh 77.00$ 1,501.50$
01H.0195 1/13/2021 SAM SYKES 70 sum 58.50$ 4,095.00$
01H.0195 1/13/2021 SAM SYKES 10.5 OT mh 77.00$ 808.50$
01H.0195 LL 6GH04 Wacker 3000 Ground Heater - January 1 month 6,000.00$ 6,000.00$
01H.0195 1 sum 7,727.94$ 7,727.94$
01H.0195 1 sum 4,683.60$ 4,683.60$
01H.0195 1/27/2021 CLANCY FINCHUM 15.8 mh 58.50$ 921.38$
01H.0195 1/27/2021 LOGAN MIDDLETON 24.5 mh 40.00$ 980.00$
01H.0195 1/27/2021 LOGAN MIDDLETON 3.5 OT mh 56.00$ 196.00$
01H.0195 1/27/2021 JONATHAN ROYBAL 36 mh 58.50$ 2,106.00$
01H.0195 1/27/2021 JONATHAN ROYBAL 5 OT mh 77.00$ 385.00$
01H.0195 1/27/2021 SAM SYKES 8 mh 58.50$ 468.00$
01H.0195 1 sum 11,144.48$ 11,144.48$
01H.0195 AmeriGas Propane Inv 3117126330 1 sum 1,961.42$ 1,961.42$
01H.0195 AmeriGas Propane Inv 3117273356 1 sum 929.77$ 929.77$
01H.0195 EASTON CONCRETE December Cold Weather 1 sum 4,002.08$ 4,002.08$
01H.0195 EASTON CONCRETE January Cold Weather 1 sum 5,488.56$ 5,488.56$
01H.0195 1 sum 37,478.56$ 37,478.56$
01H.0195 AmeriGas Propane Inv 3117464188 1 sum 3,655.60$ 3,655.60$
01H.0195 BIG SKY STAFFING INV 1765 1 sum 4,683.60$ 4,683.60$
167,239.69$
01H.0195 BIG SKY STAFFING INV 1779 1 sum 4,429.90$ 4,429.90$
01H.0195 KENYON NOBLE LUMBER INC January Statement 1 sum 72.03$ 72.03$
01H.0195 SIMKINS HALLIN LUMBER CO. INC 2/1/2021 1 sum 4,538.36$ 4,538.36$
01H.0195 2/10/2021 CLANCY FINCHUM 16.0 mh 67.00$ 1,072.00$
01H.0195 2/10/2021 CLANCY FINCHUM 0.5 mh 88.50$ 44.25$
01H.0195 2/10/2021 LOGAN MIDDLETON 4.5 mh 46.00$ 207.00$
01H.0195 2/10/2021 JONATHAN ROYBAL 30.5 mh 67.00$ 2,043.50$
01H.0195 H&E EQUIPMENT SERVICES LLC INC INV. 95652074 1 sum 2,520.80$ 2,520.80$
01H.0195 AMERIGAS - BOZEMAN INV 3117943822 1 sum 3,616.98$ 3,616.98$
01H.0195 2/24/2021 CLANCY FINCHUM 66 mh 67.00$ 4,422.00$
01H.0195 2/24/2021 CLANCY FINCHUM 0.5 OT mh 88.50$ 44.25$
01H.0195 2/24/2021 ALEXANDER MCLAREN 67.5 mh 67.00$ 4,522.50$
01H.0195 2/24/2021 LOGAN MIDDLETON 55.5 mh 46.00$ 2,553.00$
01H.0195 2/24/2021 DAVID NASH 80 mh 67.00$ 5,360.00$
01H.0195 2/24/2021 JONATHAN ROYBAL 33.5 mh 67.00$ 2,244.50$
01H.0195 2/24/2021 BRIAN SCHAFFER 80 mh 67.00$ 5,360.00$
Pay App 16
HILL MASONRY Nov. & Dec Heat & Cover
MURDOCH'S DECEMBER STATEMENT
AMERIGAS INV 3116272080
AMERIGAS INV 3116168232
KENYON NOBLE LUMBER INC
BIG SKY STAFFING INV 1734
BIG SKY STAFFING INV 1749
HILL MASONRY January Heat & Cover
Pay App 18
148
Category Quantity Unit Unit Cost TotalDescription
Pay App 1401H.0195 KEY RENTALS GROUP LLC INV 3912 1 sum 6,750.00$ 6,750.00$
01H.0195 SIMKINS HALLIN LUMBER CO. INC 02/28/21 1 sum 72.32$ 72.32$
01H.0195 KENYON NOBLE February Statement 1 sum 57.20$ 57.20$
01H.0195 HILL MASONRY, INC. February Heat & Cover 1 sum 46,382.78$ 46,382.78$
01H.0195 3/10/2021 CLANCY FINCHUM 41.5 mh 67.00$ 2,780.50$
01H.0195 3/10/2021 CLANCY FINCHUM 2.25 OT mh 88.50$ 199.13$
01H.0195 3/10/2021 ALEXANDER MCLAREN 72.5 mh 67.00$ 4,857.50$
01H.0195 3/10/2021 ALEXANDER MCLAREN 2.5 OT MH 88.50$ 221.25$
01H.0195 3/10/2021 LOGAN MIDDLETON 1 mh 46.00$ 46.00$
01H.0195 3/10/2021 DAVID NASH 36 mh 67.00$ 2,412.00$
01H.0195 3/10/2021 BRIAN SCHAFFER 56 mh 67.00$ 3,752.00$
01H.0195 3/10/2021 BRIAN SCHAFFER 2 OT mh 88.50$ 177.00$
01H.0195 3/24/2021 CLANCY FINCHUM 50.5 mh 67.00$ 3,383.50$
01H.0195 3/24/2021 CLANCY FINCHUM 6.5 OT mh 88.50$ 575.25$
01H.0195 3/24/2021 ALEXANDER MCLAREN 64.5 mh 67.00$ 4,321.50$
01H.0195 3/24/2021 ALEXANDER MCLAREN 6.5 OT mh 88.50$ 575.25$
01H.0195 3/24/2021 LOGAN MIDDLETON 31 mh 46.00$ 1,426.00$
01H.0195 3/24/2021 DAVID NASH 47 mh 67.00$ 3,149.00$
01H.0195 3/24/2021 DAVID NASH 5.5 OT mh 88.50$ 486.75$
01H.0195 3/24/2021 BRIAN SCHAFFER 34.5 mh 67.00$ 2,311.50$
01H.0195 3/24/2021 BRIAN SCHAFFER 6.5 OT mh 88.50$ 575.25$
01H.0195 EASTON CONCRETE March Cold Weather 1 sum 2,559.02$ 2,559.02$
01H.0195 HILL MASONRY, INC. March Heat & Cover 1 sum 37,117.92$ 37,117.92$
48,362.79$
01H.0195 Simkins Hallins Lumber Inv. 805706 1 sum 420.49$ 420.49$
01H.0195 4/7/2021 CLANCY FINCHUM 6 mh 67.00$ 402.00$
01H.0195 4/7/2021 ALEXANDER MCLAREN 18 mh 67.00$ 1,206.00$
01H.0195 4/7/2021 LOGAN MIDDLETON 17 mh 46.00$ 782.00$
01H.0195 4/7/2021 LOGAN MIDDLETON 1 OT mh 64.50$ 64.50$
01H.0195 4/7/2021 BRIAN SCHAFFER 8.5 mh 67.00$ 569.50$
01H.0195 4/21/2021 ALEXANDER MCLAREN 1 mh 67.00$ 67.00$
01H.0195 4/21/2021 ALEXANDER MCLAREN 8 OT mh 88.50$ 708.00$
01H.0195 4/21/2021 LOGAN MIDDLETON 7.5 mh 46.00$ 345.00$
01H.0195 Langlas Equipment MAR21 1 sum 7,000.00$ 7,000.00$
01H.0195 HILL MASONRY, INC. April Heat & Cover 1 sum 36,499.30$ 36,499.30$
01H.0195 CHI COMPANIES INV 29623-2 1 sum 299.00$ 299.00$
9,435.89$
01H.0195 EASTON CONCRETE April Cold Weather (#22)1 sum 2,747.98$ 2,747.98$
01H.0195 EASTON CONCRETE April Cold Weather (#25)1 sum 6,687.91$ 6,687.91$
24,529.20$
01H.0195 Langlas Equipment FEB21 1 sum 7,000.00$ 7,000.00$
01H.0195 Langlas Equipment APR21 1 sum 7,000.00$ 7,000.00$
01H.0195 Langlas Equipment MAY21 1 sum 7,000.00$ 7,000.00$
01H.0195 CHI COMPANIES 29623C-2 1 sum 224.00$ 224.00$
01H.0195 Air Circulator Fans Amazon #114-7079479-1149019 4 each 139.99$ 559.96$
01H.0195 SIMKINS HALLIN INV 831056 1 sum 520.00$ 520.00$
01H.0195 EDGE CONSTRUCTION SUPPLY INV B46653 1 sum 81.24$ 81.24$
01H.0195 10/19/2021 CHRISTOPHER HALLIWELL 32 mh 67.00$ 2,144.00$
8,478.41$
01H.0195 11/16/2021 MICHAEL LEWIS 15 mh 67.00$ 1,005.00$
01H.0195 KENYON NOBLE October Statement 1 sum 2,477.04$ 2,477.04$
01H.0195 SIMKINS HALLIN October Statement 1 sum 1,572.21$ 1,572.21$
01H.0195 BIG SKY STAFFING CORP Inv. 2399 1 sum 208.16$ 208.16$
01H.0195 12/1/2021 CURTIS COWAN 2.5 mh 67.00$ 167.50$
01H.0195 12/1/2021 CHRISTOPHER HALLIWELL 16 mh 67.00$ 1,072.00$
01H.0195 12/1/2021 MICHAEL LEWIS 29.5 mh 67.00$ 1,976.50$
48,490.84$
01H.0195 SIMKINS HALLIN November Statement 1 sum 1,924.94$ 1,924.94$
01H.0195 CHI COMPANIES LLC Inv 31027-2 1 sum 29,005.00$ 29,005.00$
01H.0195 BIG SKY STAFFING CORP Inv 2414 1 sum 1,977.52$ 1,977.52$
01H.0195 BIG SKY STAFFING CORP Inv 2427 1 sum 104.08$ 104.08$
01H.0195 12/14/2021 CHRISTOPHER HALLIWELL 25.5 mh 67.00$ 1,708.50$
01H.0195 12/14/2021 CHRISTOPHER HALLIWELL 3 OT mh 88.50$ 265.50$
01H.0195 12/14/2021 MICHAEL LEWIS 13.5 mh 67.00$ 904.50$
01H.0195 H&E EQUIPMENT Inv 96253598 1 sum 1,045.40$ 1,045.40$
Pay App 21
Pay App 26
Pay App 27
Pay App 28
Pay App 19
149
Category Quantity Unit Unit Cost TotalDescription
Pay App 1401H.0195 BIG SKY STAFFING CORP Inv 2440 1 sum 1,170.90$ 1,170.90$
01H.0195 12/15/2021 RICHARD MCGILLEN 8.5 mh 67.00$ 569.50$
01H.0195 12/15/2021 BRIAN SCHAFFER 25 mh 67.00$ 1,675.00$
01H.0195 TRUE NORTH STEEL Hilti Ice 1 sum 1,198.67$ 1,198.67$
01H.0195 CED Invoice 0819-1040534 1 sum 532.75$ 532.75$
01H.0195 KENYON NOBLE November Statement 1 sum 198.89$ 198.89$
01H.0195 BIG SKY STAFFING CORP Inv 2372 1 sum 624.48$ 624.48$
01H.0195 BIG SKY STAFFING CORP Inv 2453 1 sum 1,821.40$ 1,821.40$
01H.0195 EASTON CONCRETE November Cold Weather 1 sum 216.56$ 216.56$
01H.0195 12/28/2021 CLANCY FINCHUM 10 mh 67.00$ 670.00$
01H.0195 12/28/2021 CLANCY FINCHUM 1 OT mh 88.50$ 88.50$
01H.0195 12/28/2021 CHRISTOPHER HALLIWELL 8 mh 67.00$ 536.00$
01H.0195 12/28/2021 CHRISTOPHER HALLIWELL 1.5 OT mh 88.50$ 132.75$
01H.0195 12/28/2021 MICHAEL LEWIS 21 mh 67.00$ 1,407.00$
01H.0195 12/28/2021 BRIAN SCHAFFER 8 mh 67.00$ 536.00$
01H.0195 12/28/2021 BRIAN SCHAFFER 2 OT mh 88.50$ 177.00$
25,469.89$
01H.0195 BIG SKY STAFFING CORP Inv 2466 1 sum 234.18$ 234.18$
01H.0195 CLANCY FINCHUM 8 mh 67.00$ 536.00$
01H.0195 CHRISTOPHER HALLIWELL 3 mh 67.00$ 201.00$
01H.0195 MICHAEL LEWIS 12.5 mh 67.00$ 837.50$
01H.0195 RICHARD MCGILLEN 7 mh 67.00$ 469.00$
01H.0195 LOGAN MIDDLETON 18 mh 46.00$ 828.00$
01H.0195 LOGAN MIDDLETON 2 OT mh 64.50$ 129.00$
01H.0195 H&E EQUIPMENT Inv 96302678 1.0 sum 1,199.15$ 1,199.15$
01H.0195 GALLATIN COUNTY FAIRGROUNDS Inv 3750 1.0 sum 50.00$ 50.00$
01H.0195 BIG SKY STAFFING CORP Inv 2478 1.0 sum 962.74$ 962.74$
01H.0195 BIG SKY STAFFING CORP Inv 2492 1.0 sum 260.20$ 260.20$
01H.0195 CHRISTOPHER BROWN 3.5 mh 67.00$ 234.50$
01H.0195 CLANCY FINCHUM 14.5 mh 67.00$ 971.50$
01H.0195 MICHAEL LEWIS 2.5 mh 67.00$ 167.50$
01H.0195 LOGAN MIDDLETON 1.5 mh 46.00$ 69.00$
01H.0195 SKIDSTEER.COM Inv 20930 Snow Tires (50%)1 sum 1,480.58$ 1,480.58$
01H.0195 BIG SKY STAFFING CORP Inv 2526 1 sum 78.06$ 78.06$
01H.0195 CHI COMPANIES Inv 31103-2 1 sum 17,030.00$ 17,030.00$
01H.0195 EASTON CONCRETE December Cold Weather 1 sum 623.70$ 623.70$
PREVIOUSLY BILLED MAT'L/EQUIPMENT CREDITS
01H.0195 Air Circulator Fans Amazon #114-7079479-1149019 (1)sum 559.96$ (559.96)$
01H.0195 KENYON NOBLE Inv 8013878 (Slip Tank Parts)(1)sum 27.80$ (27.80)$
01H.0195 KENYON NOBLE Inv 8016132 (Weed Burner Parts)(1) sum 64.41$ (64.41)$
01H.0195 KENYON NOBLE Inv 8018959 (Hand Warmers)(1)sum 8.99$ (8.99)$
01H.0195 KENYON NOBLE Inv 8008779 (50% Shovels)(1)sum 31.85$ (31.85)$
01H.0195 KENYON NOBLE Inv 8012350 (50% Shovels)(1)sum 63.69$ (63.69)$
01H.0195 KENYON NOBLE Inv 8195466 (Wrecking Bar)(1)sum 12.59$ (12.59)$
01H.0195 EDGE CONST SUPPLY Inv B46653 (50% Shovels)(1)sum 40.62$ (40.62)$
01H.0195 KENYON NOBLE Inv 8708964 (Winter Gloves)(1)sum 22.52$ (22.52)$
01H.0195 KENYON NOBLE Inv 8713620 (Winter Gloves)(1)sum 59.29$ (59.29)$
12,047.50$
01H.0195 Credit SKIDSTEER.COM Inv 20930 Snow Tires (1)sum 1,480.58$ (1,480.58)$
01H.0195 GALLATIN COUNTY FAIRGROUNDS INV 3776 1 sum 100.00$ 100.00$
01H.0195 2/9/2022 CHRISTOPHER BROWN 3.5 mh 67.00$ 234.50$
01H.0195 2/9/2022 CLANCY FINCHUM 5 mh 67.00$ 335.00$
01H.0195 2/9/2022 CHRISTOPHER HALLIWELL 16 mh 67.00$ 1,072.00$
01H.0195 2/9/2022 CHRISTOPHER HALLIWELL 4 OT mh 88.50$ 354.00$
01H.0195 2/9/2022 MICHAEL LEWIS 11.5 mh 67.00$ 770.50$
01H.0195 2/9/2022 RICHARD MCGILLEN 2.5 mh 67.00$ 167.50$
01H.0195 2/9/2022 CLANCY FINCHUM 4 mh 67.00$ 268.00$
01H.0195 2/22/2022 CHRISTOPHER HALLIWELL 4 mh 67.00$ 268.00$
01H.0195 2/23/2022 CHRISTOPHER HALLIWELL 1 OT mh 88.50$ 88.50$
01H.0195 2/23/2022 MICHAEL LEWIS 6.5 mh 67.00$ 435.50$
01H.0195 H&E EQUIPMENT SERVICES INV 96353606 1 sum 1,199.15$ 1,199.15$
01H.0195 H&E EQUIPMENT SERVICES INV 96386149 1 sum 8,105.32$ 8,105.32$
01H.0195 BIG SKY STAFFING CORP INV 2596 1 sum 130.10$ 130.10$
5,833.15$
01H.0195 CK May Snow Off-Haul to Fairgrounds 1 sum 2,432.00$ 2,432.00$
Pay App 29
Pay App 30
Pay App 31
150
Category Quantity Unit Unit Cost TotalDescription
Pay App 1401H.0195 H&E EQUIPMENT SERVICES LLC INV 98403811 1 sum (1,199.15)$ (1,199.15)$
01H.0195 H&E EQUIPMENT SERVICES LLC INV 98403811 1 sum 1,045.40$ 1,045.40$
01H.0195 H&E EQUIPMENT SERVICES LLC INV 96406149 1 sum 1,045.40$ 1,045.40$
01H.0195 3/9/2022 CLANCY FINCHUM 6 mh 67.00$ 402.00$
01H.0195 3/9/2022 MICHAEL LEWIS 2 mh 67.00$ 134.00$
01H.0195 H&E EQUIPMENT SERVICES LLC INV 96408198 1 sum 1,270.00$ 1,270.00$
01H.0195 3/22/2022 CLANCY FINCHUM 5 mh 67.00$ 335.00$
01H.0195 3/22/2022 MICHAEL LEWIS 6 mh 67.00$ 368.50$
5,661.22$
01H.0195 1/13/2021 JONATHAN ROYBAL 77.5 MH 67.00$
01H.0195 1/13/2021 JONATHAN ROYBAL 13.5 OT mh 88.50$
01H.0195 1/13/2021 LOGAN MIDDLETON 41.5 mh 46.00$
01H.0195 1/19/2022 MURDOCH'S Bulk Propane sum 109.24$
01H.0195 4/6/2022 CHRISTOPHER BROWN 5.5 mh 67.00$ 368.50$
01H.0195 4/6/2022 CHRISTOPHER BROWN 2 OT mh 88.50$ 177.00$
01H.0195 4/6/2022 MICHAEL LEWIS 15.5 mh 67.00$ 1,038.50$
01H.0195 4/6/2022 MICHAEL LEWIS 1.5 OT mh 88.50$ 132.75$
01H.0195 4/6/2022 LOGAN MIDDLETON 4 mh 46.00$ 184.00$
01H.0195 4/6/2022 ERIC NORTON 14.5 mh 67.00$ 971.50$
01H.0195 4/6/2022 ERIC NORTON 1.5 OT mh 88.50$ 132.75$
01H.0195 GALLATIN COUNTY FAIRGROUNDS Inv 3857 1 sum 50.00$ 50.00$
01H.0195 BIG SKY STAFFING CORP Inv 2579 1 sum 277.22$ 277.22$
01H.0195 4/20/2022 CHRISTOPHER BROWN 4.5 mh 67.00$ 301.50$
01H.0195 4/20/2022 MICHAEL LEWIS 8.5 mh 67.00$ 569.50$
01H.0195 4/20/2022 ERIC NORTON 2 mh 67.00$ 134.00$
01H.0195 CK May Snow Off-Haul Inv 84433 1 sum 1,324.00$ 1,324.00$
-$
01H.0195 5/4/2022 MICHAEL LEWIS 15.5 MH 67.00$ 1,038.50$
-$
-$
-$
-$
-$
TOTAL 677,865.88$
Pay App 33
Pay App 32
151
Allowance Spending Report
Project:Bozeman Public Safety Center Allowance No:4
Project #19426 Date Updated:9/23/2022
Description:Construction Survey and Staking
Starting Allowance Amount: $40,000
Category Description Quantity Unit Unit Cost Total
ADD $-
02D.0200 Morrison Maierle 200457 1 sum $736.00 $736.00
02D.0200 Alpine Surveying 2898 1 sum $1,693.38 $1,693.38
02D.0200 Sam Holt 06/17/2020 16 mh $75.00 $1,200.00
02D.0200 Sam Holt 07/01/2020 21 mh $75.00 $1,575.00
02D.0200 Sam Holt Materials/Supplies 1 sum $24.99 $24.99
02D.0200 Sam Holt 07/15/2020 38 mh $75.00 $2,850.00
02D.0200 Sam Holt 07/28/2020 12 mh $75.00 $900.00
02D.0200 Sam Holt 08/12/2020 8 mh $75.00 $600.00
02D.0200 Alpine Surveying 3045 1 sum $2,140.00 $2,140.00
02D.0200 Sam Holt 09/09/2020 8 mh $75.00 $600.00
02D.0200 Alpine Surveying 3519 1 sum $1,908.75 $1,908.75
02D.0200 Alpine Surveying 3584 1 sum $3,429.75 $3,429.75
02D.0200 Sam Holt 08/11/2021 (Materials)1 sum $29.98 $29.98
02D.0200 Sam Holt 04/01/2022 24 mh $75.00 $1,800.00
02D.0200 Alpine Surveying 4002 1 sum $7,166.25 $7,166.25
02D.0200 Brandon Moes 05/18/2022 5 mh $46.00 $207.00
02D.0200 Brandon Moes 05/18 2022 1.5 mh $64.50 $96.75
02D.0200 Brandon Moes 06/1/2022 1.5 mh $46.00 $69.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
TOTAL $27,026.85
152
Change Estimate Report
Project:Bozeman Public Safety Center CE No:136
Project #19426 Revision #
Change Source: Service Agreement Date:8/9/2022
Description:Credit for Signed Service Agreement with TKE
Category Description Quantity Unit Unit Cost Total
14A.1400 Credit for Signed Service Contract w/ TKE (1)sum $14,880.00 $(14,880.00)
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $(14,880.00)
GC/CM Business Insurance 0.625%$(93.00)
CM Fee 3.2%$(479.14)
Bond 1.0%$(154.53)
TOTAL $(15,606.67)
153
Change Estimate Report
Project:Bozeman Public Safety Center CE No:137
Project #19426 Revision #
Change Source: Owner's Request Date:8/11/2022
Description:Control Room Rack Modifications
Category Description Quantity Unit Unit Cost Total
Supply and Install Owner Specified Rack in Control
Room 1 sum $3,198.76 $3,198.76
Expedited Shipping 1 ea $1,449.95 $1,449.95
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $4,648.71
GC/CM Business Insurance 0.625%$29.06
CM Fee 3.2%$149.69
Bond 1.0%$48.28
TOTAL $4,875.74
154
Change Order
AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax: (605)782-4142
Proposal Number: 1133718 Proposal Date: August 08, 2022
Prepared For: Langlas & Associates, Inc. Change Order: Rack for Interview Rooms Due to Availability
Attn: Bud Daigle Customer PO: 194262740
Prepared By: Mark Hunt Project: Bozeman Public Safety Center 957742
Phone: (406)969-3336 Project Number: 957742
Email: mark.hunt@avisystems.com
Attn: Bud Daigle Attn: Elizabeth Oliver
Langlas & Associates, Inc. Bozeman Public Safety Center
1019 E Main St, Suite 101 901 N. Rouse Ave. & 300 E. Oak St
Bozeman, MT, 59715 Bozeman, MT, 59715
Phone: (406)585-3420 Phone:
Email: Email: elizabeth@langlas.com
Customer Number: LAN001
COMMENTS
PRODUCTS AND SERVICES SUMMARY
Equipment $2,384.18
Integration $814.58
PRO Support $0.00
Shipping & Handling $1,449.95
Tax $0.00
Grand Total $4,648.71
SERVICES TO BE PROVIDED
None defined
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Mfg Description Qty Price Extended
AVI SYSTEMS Middle Atlantic DWR-24-26PD 24U 26 inch Deep DWR Series Pivoting
Sectional Wall Rack with Plexi Door
1 $2,384.18 $2,384.18
On Site Integration $521.16
Project Management $293.42
Sub-Total: $3,198.76
Total: $3,198.76
BILL TO SITE
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PRO SUPPORT:
Model # Mfg Description Qty Price Extended
Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling.
AGREED AND ACCEPTED BY
Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this
Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above,
AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is
valid for 30 days.
Company
Signature
Printed Name
Date
CONFIDENTIAL INFORMATION
The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confidential
Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private
use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior
written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this
confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this
document and you should immediately destroy all copies of it.
156
Change Estimate Report
Project:Bozeman Public Safety Center CE No:139
Project #19426 Revision #
Change Source: 0 Date:8/15/2022
Description:Remove, Replace, Adjust all Rainbird Nozzles to Hunter MP Rotator Nozzles
Category Description Quantity Unit Unit Cost Total
Rainbird Nozzles to Hunter MP Rotator Nozzles 1 sum $6,805.00 $6,805.00
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $6,805.00
GC/CM Business Insurance 0.625%$42.54
CM Fee 3.2%$219.13
Bond 1.0%$70.67
TOTAL $7,137.34
157
Date:8/14/2022
Original Contract Sum:
Date of Completion:
Completion of this project in its entirety remains unchanged
Signature:Signature:
Name:Name:
Date:Date:
$6,805.00
CONTRACTOR
Greater Gallatin Contractors Inc.
CLIENT
TOTAL CHANGE ORDER AMOUNT:
COR
Hunter MP Rotator Nozzles
CHANGE ORDER
Bozeman Public Safety Center
Langlas & Associates
1019 E. Main St. #101
Bozeman, MT 59715
This CHANGE ORDER is issued by Greater Gallatin Contractors, Inc., under the same terms and conditions of the above
references project contract. The contract documents are hereby amended as follows.
This CHANGE ORDER includes all material, labor, tools and equipment necessary to complete the following work and to
adjust the contract as indicated. We are therefor directed to make the following changes to this contract.
TOTAL:DESCRIPTION:
PROJECT:
CONTRACTOR:REFERENCE:
CHANGE ORDER NO.
$6,805.00Remove, Replace, Adjust all Rainbird Nozzles to Hunter MP Rotator Nozzles
Greater Gallatin Contractors, Inc Change Order Rev 8/7/17 158
Change Estimate Report
Project: Bozeman Public Safety Center CE No:140
Project # 19426 Revision #
Change Source: PR 36 Date:8/15/2022
Description:Courtroom Microphone Bases Change
Category Quantity Unit Unit Cost Total
27B.2740 1 sum 2,569.25$ 2,569.25$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
SUBTOTAL 2,569.25$
GC/CM Business Insurance 0.625%16.06$
CM Fee 3.2%82.73$
Bond 1.0% 26.69$
2,694.73$
After review with the Judges, the COB wants to change the fixed microphones for Courtrooms A & B (Rm. 240 & Rm. 250)
to movable bases.
Please provide cost for (8) MX400DP movable microphone bases (these need to work with the MX415 microphones). There
are (4) per Courtroom.
Description
Supply, Install, & Intergrate (8) MX400DP Bases
TOTAL
159
Change Order
AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax: (605)782-4142
Proposal Number: 1131403 Proposal Date: July 26, 2022
Prepared For: Langlas & Associates, Inc. Change Order: PR-36 Courtroom Microphone Bases
Attn: Bud Daigle Customer PO: 194262740
Prepared By: Mark Hunt Project: Bozeman Public Safety Center 957742
Phone: (406)969-3336 Project Number: 957742
Email: mark.hunt@avisystems.com
Attn: Bud Daigle Attn: Elizabeth Oliver
Langlas & Associates, Inc. Bozeman Public Safety Center
1019 E Main St, Suite 101 901 N. Rouse Ave. & 300 E. Oak St
Bozeman, MT, 59715 Bozeman, MT, 59715
Phone: (406)585-3420 Phone:
Email: Email: elizabeth@langlas.com
Customer Number: LAN001
COMMENTS
PRODUCTS AND SERVICES SUMMARY
Equipment $2,053.12
Integration $440.13
PRO Support $0.00
Shipping & Handling $76.00
Tax $0.00
Grand Total $2,569.25
SERVICES TO BE PROVIDED
None defined
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Model # Mfg Description Qty Price Extended
Project Management $293.42
Engineering & Drawings $146.71
Bozeman Public Safety COURT ROOM B 250 T-510
MX400DP SHURE "Small Desktop Base with input, switched preamplifier, programmable
logic switch and LED. Supports s
4 $256.64 $1,026.56
Sub-Total: Bozeman Public Safety COURT ROOM B 250 T-510 $1,026.56
Bozeman Public Safety COURT ROOM A 240 T-510
BILL TO SITE
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Printed on July 26, 2022 Page 1 of 3 1131403
MX400DP SHURE "Small Desktop Base with input, switched preamplifier, programmable
logic switch and LED. Supports s
4 $256.64 $1,026.56
Sub-Total: Bozeman Public Safety COURT ROOM A 240 T-510 $1,026.56
Sub-Total: $440.13
Total: $2,493.25
PRO SUPPORT:
Model # Mfg Description Qty Price Extended
Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling.
AGREED AND ACCEPTED BY
Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this
Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above,
AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is
valid for 30 days.
Company
Signature
Printed Name
Date
CONFIDENTIAL INFORMATION
The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confidential
Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private
use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior
written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this
confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this
document and you should immediately destroy all copies of it.
161
Change Estimate Report
Project:Bozeman Public Safety Center CE No:141
Project #19426 Revision #
Change Source: Scope Gap Date:8/26/2022
Description:Digital Signage System
After review of specifications, bid packages, and bids; AVI did not include the digital signage operating software system in
their scope of Work. This system was presumed already existing.
Category Description Quantity Unit Unit Cost Total
DEDUCT FROM CONTINGENCY $-
27B.2740 Digital Sign Operating System 1 sum $18,700.92 $18,700.92
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $18,700.92
GC/CM Business Insurance 0.625%$116.89
CM Fee 3.2%$602.17
Bond 1.0%$194.20
TOTAL $19,614.18
162
Change Order
AVI Systems Inc., 2300 E 54th Street N, Suite 2 Sioux Falls, SD, 57104 | Phone: (605)782-4141, Fax: (605)782-4142
Proposal Number: 1135567 Proposal Date: August 23, 2022
Prepared For: Langlas & Associates, Inc. Change Order: Bozeman Public Safety Digital Signage - Public
Information Systems
Attn: Bud Daigle Customer PO: 194262740
Prepared By: Mark Hunt Project: Bozeman Public Safety Center 957742
Phone: (406)969-3336 Project Number: 957742
Email: mark.hunt@avisystems.com
Attn: Bud Daigle Attn: Elizabeth Oliver
Langlas & Associates, Inc. Bozeman Public Safety Center
1019 E Main St, Suite 101 901 N. Rouse Ave. & 300 E. Oak St
Bozeman, MT, 59715 Bozeman, MT, 59715
Phone: (406)585-3420 Phone:
Email: Email: elizabeth@langlas.com
Customer Number: LAN001
COMMENTS
Note that $11,520 is a yearly fee for licensing and support.
PRODUCTS AND SERVICES SUMMARY
Equipment $6,830.00
Integration $7,180.92
PRO Support $4,690.00
Shipping & Handling $0.00
Tax $0.00
Grand Total $18,700.92
SERVICES TO BE PROVIDED
INTEGRATION SERVICES
SCOPE OF WORK
• SUMMARY:
1. AVI to provide a Cloud-based Four Winds digital signage system consisting of 10 player licenses.
2. Customer owned BrightSign XT1144 media players will be used for playback and provide content for a single
screen each. Resolution of content is limited to the capability of the monitors and can provide 4k or HD
signals.
3. Media players to be mounted behind each TV monitor and provide content via HDMI cable. Customer to
provide power and network drops.
4. Internet connectivity shall be made through a CAT5/6 network cable plugged into each media player. Wireless
adapters may alternatively be used to connect to a wireless customer-supplied network, but the adapters are
not included in this scope or proposal.
5. AVI technician will configure the HCSD cards for each media player and test for connection to server. Scope
includes up to 10 hours to complete this task. Additional hours required due to delays out of the technician’s
BILL TO SITE
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control such as firewalls, access to hardware, network connectivity, or other issues may result in a change
order for additional labor.
6. Two (2) training sessions of 2 hours each to be provided by AVI or designee of AVI Systems.
7. Content creation, templates, or custom content design services are not included but available by request.
• SYSTEM DESCRIPTION:
Functionality:
Four Winds Digital Signage Software connects with your customers and employees through its powerful digital signage solution, as well
as optional mobile and kiosk applications backed by a modern cloud-based digital signage management platform.
• Displays:
o Customer owned displays
• Source Devices:
o Customer owned BrightSign XT1144s.
o Customer provided BrightSign sourced HCSD cards for each media player.
• Audio
o Not specified.
• Controls:
o Cloud-based Four Winds server accessed via the internet from any location.
• EXCLUSIONS: The following work is not included in our Scope of Work
• All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc.
• Concrete saw cutting and/or core drilling
• Fire wall, ceiling, roof and floor penetration
• Necessary gypsum board replacement and/or repair
• Necessary ceiling tile or T-bar modifications, replacements and/or repair
• Structural support of equipment *AVI Systems not responsible for building related vibrations
• Installation of ceiling mounted projection screen
• All millwork (moldings, trim, cut outs, etc.)
• Patching and Painting
• Permits (unless specifically provided for and identified within the contract)
• Unless otherwise stated the pricing in this agreement does not include prevailing wage or union labor
• Unless specifically noted lifts and scaffolding are not included
D. CONSTRUCTION CONSIDERATIONS:
To accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to
make the necessary modifications to the space as directed by AVI Systems. The costs associated with these
modifications are not included in this proposal.
NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS
• The room(s) match(es) the drawings provided.
• Site preparation by the Customer and their contractors includes electrical and data placement per AVI Systems
specification.
• Site preparation will be verified by AVI Systems project manager or representative before scheduling of the
installation. All work areas should be clean and dust free prior to the beginning of on-site integration of electronic
equipment.
• Customer communication of readiness will be considered accurate and executable by AVI Systems project
manager.
• In the event of any arrival to site that AVI Systems is not able to execute work efficiently and definably progress,
the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the
Customer will be presented a Contract Change Order and will/may halt work until acceptance by the Customer
and rescheduling of the integration effort is agreed upon.
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• Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause
scheduling delays of up to 10 business days.
• There is ready access to the building / facility and the room(s) for equipment and materials.
• There is secure storage for equipment during a multi-day integration.
• If Customer furnished equipment and existing cabling is to be used, AVI Systems assumes that these items are in
good working condition at this time and will integrate into the designed solution. Any repair, replacement and/or
configuration of these items that may be necessary will be made at an additional cost.
• All Network configurations including IP addresses are to be provided, operational and functional before AVI
Systems integration begins. AVI Systems will not be responsible for testing the LAN connections.
• Cable or Satellite drops must be in place with converter boxes operational before the completion of integration.
Any delay resulting in extra work caused by late arrival of these items will result in a change order for time and
materials.
• Document review / feedback on drawings / correspondence will be completed by the Customer within two
business days (unless otherwise noted).
• The documented Change Control process will be used to the maximum extent possible – the Customer will have
an assigned person with the authority to communicate/approve project Field Directed Change Orders and
Contract Change Orders (see Appendix).
• In developing a comprehensive proposal for equipment and integration services AVI Systems’ Sales
Representatives and Engineering teams must make some assumptions regarding the physical construction of
your facility, the availability of technical infrastructure and site conditions for installation. If any of the conditions
we have indicated in the site survey form are incorrect or have changed for your particular project or project site,
please let your Sales representative know as soon as possible. Conditions of the site found during integration
effort which are different from those documented may have an effect on the price of the system solution,
integration or services. To ensure that you have an accurate proposal based on your facility and specific to the
conditions of your project, please review all project documentation carefully.
F. INTEGRATION PROJECT MANAGEMENT PROCESSES
AVI Systems will follow a foundational project management process which may include the following actions/deliverables
(based on the size/complexity/duration of the integration project):
• Site Survey – performed prior to Retail Sales Agreement and attached
• Project Welcome Notice – emailed upon receipt of Purchase Order
• Project Kick-Off meeting with Customer Representative(s) – either by phone or in-person
• Project Status reviews – informal or formal – either by phone or in-person (based on the size/complexity/duration
of the project)
• Project Change Control – comprised of Field Directed Change Order and/or Contract Change Order submittals
(see Appendix)
• Notice of Substantial Completion (see Appendix) – at Customer walk-through – prior to Service transition
G. KNOWLEDGE TRANSFER (TRAINING)
This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provide operators
with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered
include the following:
• Equipment and system overview
• Equipment operation and function
• Equipment start up, stop, and shut down
• Equipment automatic and manual operation
• Discussion and documentation relating to control system operation
• Discussion and documentation relating to system processor and its control applications
• Powering up, powering down AV system via control system
• Manual operation of display systems, audio system and all other related components
• Use/operation of patch panels, when and where to be used
• Who to call when help is required
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H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES
AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached
separate Scope of Work document detailing the scope of work to be performed.
• Provide equipment, materials and service items per the contract products and services detail.
• Provide systems equipment integration and supervisory responsibility of the equipment integration.
• Provide systems configuration, checkout and testing.
• Provide project timeline schedules.
• Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that
proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within
the facilities.
• Provide manufacturer supplied equipment documentation.
• Provide final documentation and “as built” system drawings (CAD) - if purchased.
• Provide system training following integration to the designated project leader or team.
I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES
• Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural
support of equipment, and decorating as appropriate. Includes installation of ceiling mounted projection screen.
• Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, T1,
ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration.
• Provide all necessary cableways and/or conduits required to facilitate AV systems wiring.
• Provide all necessary conduit, wiring and devices for technical power to the AV systems equipment.
• Provide reasonable accesses of AVI Systems personnel to the facilities during periods of integration, testing and
training, including off hours and weekends.
• Provide a secure area to house all integration materials and equipment.
• Provide a project leader who will be available for consultation and meetings.
• Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.).
CUSTOMER CARE
CUSTOMER CARE SERVICES TO BE PROVIDED
Customer Care is the ongoing care and maintenance services delivered to keep your System(s) functioning as originally
designed and installed. AVI Systems will perform the services below, as further described in Definitions, for covered
Systems.
Customer Care Entitlement Matrix
Entitlement Definition System
Support
Unified
Communi-
cations
Digital
Media Service Level
Incident
Management
AVI Systems provides Priority
Support to troubleshoot, remediate,
and escalate all Incidents through
to resolution.
Included
Remote initiation within two
(2) business hours, Monday
through Friday during
standard hours (8am-5pm
local time, excluding holidays)
Remote
Support
AVI Systems provides remote
Priority Support for supported
systems to diagnose and resolve
incidents.
Included
Remote response within (8)
business hours, Monday
through Friday during
standard hours (8am-5pm
local time, excluding holidays)
Onsite Support AVI Systems provides Priority
Support for technician dispatch to
the client location to diagnose and
resolve an Incident. Not
Included
Onsite response within eight
(8) business hours, Monday
through Friday during
standard hours (8am-5pm
local time, excluding holidays)
Advanced Parts
Replacement
AVI Systems provides advanced
replacement of failed hardware
components. Does not include
Included
Repair and/or replacement is
manufacturer dependent.
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consumables or obsolete
equipment.
Loaner Equipment on Best
Effort basis
Software
Update
Assistance
AVI Systems provides labor to
implement updates of existing
software to correct software errors
and/or resolve incidents
Included
System
Training
AVI Systems conducts user training
to cover operation of the system
and how to contact AVI Systems
for support. Technical,
Administrative, or Product Specific
training is available separate from
this agreement.
Not
Included
Remote user training,
scheduled at least one (1)
week in advance
System Health
Checks
AVI Systems personnel perform
preventative maintenance. Includes
cleaning, adjustments, functional
tests, and replacement of parts to
keep the system equipment in
efficient operating condition.
Not
Included
Two (2) System Health
Checks per year, each
scheduled at least one (1)
week in advance
Asset
Management
AVI Systems tracks asset
information for Systems. Included
CUSTOMER CARE DEFINITIONS
System – Defined as the items listed in the Products and Services Detail section of this Agreement or listed on an
attached Equipment List with the exception of Consumables, Owner Furnished Equipment, and Obsolete Equipment.
Priority Support – Means all work under AVI Systems support agreements with Customers is scheduled ahead of any
other on-demand work.
Remote Support – Means a service whereby remote calls made to communications and terminal equipment via Customer
provided IP connection to determine failures and remedies. Only available where equipment is capable and configured by
AVI Systems to provide same.
Onsite Support - Service level response assumes client location is within 60 miles of an AVI Systems Service
Center. Additional travel costs may apply if the client location is beyond 60 miles of an AVI Systems Service Center.
Consumables – Means parts such as recording media, batteries, projection lamps and bulbs, etc. Consumables are parts
that are not included under this Agreement.
Obsolete Equipment – Defined as items (though possibly still in use) that are outdated with no manufacturer support or
parts availability, or products with formal end of life as defined by their manufacturer. Obsolete Equipment are parts that
are not included under this Agreement.
Loaner Equipment – Defined as table top LCD projectors and flat screen monitors under 50”. Table top projectors are not
integrated into a system. Flat screen monitors will be installed onto a wall if reasonably possible.
Best Effort – Means AVI Systems strives to provide the Service or repair any Incident in an appropriate and generally
accepted manner using the resources available but makes no promise in this reference.
Advanced Parts Replacement - Provides for recycling of equipment covered in a system or consumables with no
additional fees. Includes coverage for shipping to/from manufacturer for equipment sent to for warranty diagnosis, repair
or exchange
Software Update Assistance – Defined as revisions of existing software which provide maintenance to correct software
errors. Assumes software is provided at no charge by the manufacturer or covered under a valid manufacturer
maintenance contract. Cascading software dependencies may impact ability to issue updates. Software and features
which require additional licensing are not included under this Agreement. Changes to custom templates or scripts after
initial deployment are available separate from this agreement.
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CUSTOMER CARE - DIGITAL MEDIA
Remote Technical Support
• Help Desk phone number: 800-488-4954
• Help Desk email: dmsupport@avisystems.com
SYSTEM SUPPORT TERMS
Coverage Dates – Unless otherwise stated, the service coverage date will be effective as of substantial completion or
System Support Agreement invoice date; whichever is applicable. Coverage will extend for the duration specified by the
corresponding line item description found in the Product and Services Detail section of this Agreement. AVI Systems
reserves the right to withhold services until the invoice is paid in full.
Exclusions – For situations where AVI Systems is providing service or support under this Agreement, no cost service,
maintenance or repair shall not apply to the Equipment if any person other than an AVI Systems technician or other
person authorized by AVI Systems, without AVI Systems prior written consent, improperly wires, integrates, repairs,
modifies or adjusts the Equipment or performs any maintenance service on it during the term of this Agreement.
Furthermore, any Equipment service, maintenance or repair shall not apply if AVI Systems determines, in its sole
discretion, that the problems with the Equipment were caused by (a) Customer's negligence; or (b) theft, abuse, fire, flood,
wind, lighting, unreasonable power line surges or brownouts, or acts of God or public enemy; or (c) use of any equipment
for other than the ordinary use for which such equipment was designed or the purpose for which such equipment was
intended, or (d) operation of equipment within an unsuitable operating environment, or (e) failure to provide a suitable
operating environment as prescribed by equipment manufacturer specifications, including, without limitation, with respect
to electrical power, air conditioning and humidity control.
Systems Support Terms are in addition to AVI Systems’ General Terms and Conditions of Sale.
DIGITAL MEDIA TERMS
Coverage Dates – Unless otherwise stated, the service coverage start date for Digital Signage Support Services for new
digital signage equipment will be the shipped date from the manufacturer and coverage will extend for the duration of time
specified by the corresponding line item description found in the Product and Services Detail section of this Agreement.
The start date for Digital Signage Support Services purchased to cover existing equipment are established by the
manufacturer and the coverage will extend for the duration specified by the corresponding line item description found in
the Product and Services Detail section of this Agreement.
Digital Media Terms are in addition to AVI Systems’ General Terms and Conditions of Sale.
TERMS & CONDITIONS FOR RSS SERVICES
The below Terms & Conditions apply to the RSS services sold by AVI Systems on the proposal.
1. LICENSED CONTENT
In addition to any other rights under the Agreement, AVI Systems, Inc. (“AVI Systems”) grants Customer, during the term
of this Agreement and subject to the terms and conditions of this Agreement, a license to use syndicated media and/or
data provided by AVI Systems (the “Service”) on Customer’s network of public digital signage displays (the “Network”). All
information offered to Customer is the sole and exclusive property of AVI Systems or its content partners. Customer
agrees that it will not sell or make items from the Service available to any other entity or make the Service publicly
available via the world wide web.
Customer shall not use or permit the use of material from AVI Systems in any way that compromises the integrity thereof
or which infringes any copyrights or other intellectual property rights, contracts or proprietary interests, or cause the
material to be displayed on any other medium other than public digital displays.
2. WARRANTIES AND DISCLAIMERS
AVI Systems warrants that it is licensed to grant a license to use the content delivered by the Service as set forth herein.
AVI Systems warrants that to the best of its knowledge, Customer’s use of the Service in accordance with this agreement
will not infringe upon any copyright or other intellectual property right of AVI Systems or any third party.
The Parties acknowledge that in normal industry practice, errors occur and AVI Systems makes no representations and
warranties as to the sequence, completeness, accuracy and/or reliability of the Service. AVI Systems, subject to the
fundamental obligation to give impartial material worthy of confidence, will make its best efforts not to contravene any laws
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(including, but not limited to the law of defamation) or regulations in any country in which AVI Systems distributes the
Service.
IN NO EVENT SHALL AVI SYSTEMS OR ITS CONTENT PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME,
ARISING FROM ANY ACT OR FAILURE TO ACT BY AVI SYSTEMS OR ITS CONTENT PARTNERS WHETHER OR
NOT IT HAD ANY KNOWLEDGE ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, NOR
SHALL THEY BE LIABLE FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINES FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF
MATERIAL FROM AVI Systems.
3. SURVIVAL
The rights and obligations of User, AVI Systems, and its content partners under the foregoing paragraphs will continue
notwithstanding any termination of this Agreement.
4. ARCHIVE RIGHTS
All archive rights between AVI Systems and Customer terminate upon termination of this Agreement. At that time,
Customer must delete all material received from AVI Systems within ten (10) business days from all on and offline
storage.
RSS Services Terms are in addition to AVI Systems’ General Terms and Conditions of Sale.
PRODUCTS AND SERVICES DETAIL
PRODUCTS:
Model # Mfg Description Qty Price Extended
Bozeman Public Safety Digital
Signage - Public Inf
FWI-2020-ENTERPRISE-HOSTED 1 FOUR WINDS INT FWI Digital Signage - Enterprise 1+
License Tier
10 $683.00 $6,830.00
Project Management $1,088.00
On Site Integration $1,904.00
Travel $357.00
Integration Cables & Connectors $166.67
Travel Expense $528.75
Programming $2,295.00
Testing & Acceptance $280.50
Training $561.00
Sub-Total: Bozeman Public Safety
Digital Signage - Public Inf
$14,010.92
Sub-Total: $0.00
Total: $14,010.92
PRO SUPPORT:
Model # Mfg Description Qty Price Extended
DSS-Player1-10 AVI Systems Digital Signage Support for Player (12
months)
10.0000 $469.00 $4,690.00
Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling.
169
Printed on August 23, 2022 Page 1 of 2 1135567
AGREED AND ACCEPTED BY
Customer hereby accepts the above change to goods and/or services from AVI Systems, Inc and agrees to add this
Change Order to the original Retail Sales Agreement. Unless stated otherwise in the "Change Order Summary" above,
AVI will include all applicable taxes and delivery charges to the amount of each invoice. Pricing in this Change Order is
valid for 30 days.
Company
Signature
Printed Name
Date
CONFIDENTIAL INFORMATION
The company listed in the “Prepared For” line has requested this confidential price quotation, and shall be deemed “Confidential
Information” as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private
use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior
written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this
confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this
document and you should immediately destroy all copies of it.
170
Change Estimate Report
Project:Bozeman Public Safety Center CE No:148
Project #19426 Revision #
Change Source: Owner's Request Date:9/13/2022
Description:Increase Upper Cabinet Depth to Accommodate Plates
Category Description Quantity Unit Unit Cost Total
ADD $-
New 13" Deep Upper Cabinet Box 1 ea $578.00 $578.00
Labor and Misc. Materials 1 sum $854.79 $854.79
$-
$-
$-
$-
$-
$-
$-
$-
DEDUCT $-
Damage on Installed Cabinet (1)sum $300.00 $(300.00)
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
$-
SUBTOTAL $1,132.79
GC/CM Business Insurance 0.625%$7.08
CM Fee 3.2%$36.48
Bond 1.0%$11.77
TOTAL $1,188.12
171
TMI SYSTEMS CORPORATION
50 South Third Avenue West
Dickinson, ND 58601-5579
(701) 456-6716 | (800) 456-6716
www.tmisystems.com
TMI Cares
Tuesday, September 13, 2022
Langlas & Associates Inc.
Attn: Mark Dehn
1019 East Main Street, Suite 101
Bozeman, MT 59715
RE: Bozeman Public Safety Ctr.
Subject: upper cabinet – Kitchen 181
Mark,
The cost to provide (1) new upper cabinet box(13” deep) with shelves for Kitchen 181 per the
following:
$578.00 add - material/freight/taxes
Please confirm proposed add is approved in order to proceed.
If you have any questions or need additional information, please call me at 701-456-6391,
facsimile at 701-456-6369 or e-mail bryan.volesky@tmisystems.com
Sincerely,
TMI SYSTEMS CORPORATION
Bryan Volesky
Bryan Volesky
Project Manager
172
SUBCONTRACTOR CHANGE ORDER REQUEST
SUBCONTRACTOR:LANGLAS - FRAMING PROJECT NAME:BOZEMAN PUBLIC SAFETY
CENTERCONTACT:MARK DEHN
ADDRESS:1019 E. MAIN ST SUITE 101 PROJECT ADDRESS:901 N ROUSE AVENUE
PHONE:BOZEMAN, MT 59715 BOZEMAN, MT 59715
FAX:406-585-4110 THIS IS IN RESPONSE TO:Owner's Request
CCD #:
CONTRACTOR:LANGLAS & ASSOCIATES RFI #:
PROJECT MANAGER REQUESTED FROM:THINKONE ARCHITECTS
ADDRESS:1019 E. MAIN ST SUITE 101 ON DATE:9/6/2022
BOZEMAN, MT 59715 SUBCONTRACTOR COR #:12
PHONE:406-585-3420
FAX:406-585-4110
DESCRIPTION:Remove existing and intall provided 13" upper cabinet in Fire Department kitchen.
Remove and reinstall under cabinet lighting.
DRAWINGS:
Trade Description QTY Unit Unit Price Taxes Total Cost
SUBCONTRACTORS:sum $0.00
$0.00
$0.00
Description Hours Rate Labor Amt.Burden Total Cost
LABOR:Carpenter 8 67.00 536.00 included $536.00
Laborer 2 52.04 104.08 included $104.08
80.00 -included $0.00
Description QTY Unit Unit Price Taxes Total Cost
MATERIAL:Misc Small Tools / Fasteners 1 sum 100.00 $100.00
$0.00
$0.00
$0.00
$0.00
Description QTY Unit Unit Price Taxes Total Cost
EQUIPMENT:$0.00
$0.00
$0.00
$0.00
CREDITS:
SUBTOTAL:$740.08
OVERHEAD: 10%$74.01
PROFIT : 5%$40.70
GRAND TOTAL: $854.79
NOTES:
Authorized Signature Date
173
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
Date:9/16/2022
Change Estimate Log CONTRACT SUMMARY CONSTRUCTION CONTINGENCY SUMMARY
Contract Sum at GMP $36,436,485.00 Construction Contingency at GMP $888,695.00
Project Name:Previously Approved COs $1,125,192.77 Previously Approved Adjustment $641,621.01
Bozeman Public Safety Center Current Contract Sum $37,561,677.77 Current Contingency Amount $247,073.99
= Current CO Proposed Job Number: 19426 Current Proposed CO $(59,969.94)Current Proposed Adjustment $73,002.77
ROM = Rough Order of Magnitude Pending CEs $30,461.70 Pending CEs $-
Potential New Contract Sum $37,592,139.47 Potential Contingency Remaining $174,071.22
City of Bozeman Langlas
CE #Related Document
Prime
CO #Description
Potential Revision
for Review
Current CO for
Approval Approved Amount
Potential Revision
to Construction
Contingency
Current Adjustment to
Construction
Contingency for
Approval
Approved
Adjustment to
Construction
Contingency Comments
Starting Contract Amount (EWA 1)$238,788.00 $-
1 CoB Permit No. 28701 1 Provide demolition permit fees by Contractor. Previously listed "by Owner".$2,009.57
2 RTI Invoice 19-4779 1 Provide Hazardous Material Survey and Sample Testing. Previously listed "by Owner".$5,225.24
3 RTI Invoice 19-4823 2 Provide Hazardous Material Air Clearance Testing. Testing previously "by Owner".$2,537.25
4 EWA #1A 3 Remove buried foundation elements below Building "H", deemed as unforeseen conditions $1,270.14
5 EWA #2A 3 Concrete and Asphalt Material Crushing, Testing and Survey $78,685.26
6 EWA #3 4 Rouse Avenue Utilities Early Work $121,747.67
7 EWA #3 T&M Work 5 Miscellaneous Time and Material Work During EWA 3 (NWE Prep, Insulate Water Main, etc.)$324.23
8 EWA #4 Sitework Package 5 Early Sitework Package Contract Awards and General Conditions $3,073,348.35
13 GMP Exhibit No. 1 GMP Add Building Packages to Contract for Guaranteed Maximum Price $32,912,549.30 $(888,695.00)Negative amounts to Const. Contingency mean funds added.
TOTALS AT GMP $36,436,485.00 $(888,695.00)
9 L. Evans E-mail 05.05.20 7 Soil Removal and Replacement in Soft Areas in South West Parking Lot Area $3,781.06 Tracked T&M.
10 S. Holt E-mail 05.19.20 7 Hand Compaction of Curb Subbase and Base Due to Conflict with NWE Gas Line $3,795.74 Approved by C.Winn via phone call 06/04 with L.Cantrell
11 ASI 003 7 Increase in Storm Drain Pipe due to Design Development $1,808.20
12 L. Evans E-mail 07.09.20 7 Soil Removal and Replacement in Soft Areas on West Drive and North Parking Lot Areas $10,476.03 Tracked T&M.
14 PR 01 -Decorative Fencing VE Not Accepted Closed 11.19.20 OAC. Savings $26,115.98.
15a PR 02 - Civil and Landscape 14 Modifications to Civil and Landscaping between EWA 4 and Final Design $2,329.18 Approved 10/29/21 OAC
15b PR 02 - Fencing 16 Modifications to Permanent Fencing between EWA 4 and Final Design $-Approved 1/6/22 Cost OAC
16a Addendum 4 / RFI 006 8 Building Permit Review Comment Changes - Structural Revisions $41,163.21
16b Addendum 4 17 Building Permit Review Comment Changes $4,255.30 Approved 03/31/22 Cost OAC
17 GC/CM Agreement §11.3 7 Builder's Risk Insurance $75,404.91
18 PCO 1, 2, 3 7 EWA Permitting and Testing Fees not included with GMP $11,724.21 Inadvertently not included with GMP document.
19 Bid Package 10A / PR 20 14 Fall Protection Roof Anchors $1,790.66 $31,037.87
20 Alternate 8 7 Savings to Split Solar PV from Electrical Subcontractor $(9,034.67)
21 Building Re-Bid 08/07/20 7 Contract Re-Bid Bid Packages $(7,973.95)
22 Addendum 5 / PR 03 & 03.1 7 Additional Sanitary Waste Plumbing and Backwater Valve Resulting from Building Permit Review $37,151.70
23 PR 04 8 Replace KS-3 Faucets in Family Care 100F & Kitchenette 105A with Touch-Free KS-4 Faucets $595.47
24 RFI 023 7 Insulation Cover Protection Over Sand Oil Separator Vault and Inlet Pipe $2,950.12
25 RFI 024 11 Reduction of Embed Studs $(2,002.28)Discussed 03.04 and approved
26a Building Re-Bid 08/07/20 16 Contract BP 8A Doors & Hardware Supply $(1,015.27)See Allowance Log.
26b Building Re-Bid 08/07/20 16 Contract BP 8C Overhead Doors Alternate 4 $2,262.34
27 RFI 033 9 Embed Plates at Bottom of All Brace Frame Footings $22,855.51
28 RFI 020 8 Foundation Wall Thickness Change at Stair 3 Alcove $661.43
29 ASI 010 8 Revised Foundation Wall Height at Area A $684.20
30 ASI 016 8 PD Open Office Electrical and Technology Revisions $4,516.68
31 RFI 067 9 Modify Fitness Storage Room Doors with Louver Grilles $137.62
32 RFI 039b / PR 06 9 Wall & Casework Modifications in Open Office 110 $971.25
33 PR 05 8 Ceiling and Electrical Revisions $2,170.33
34 Building Permit Schedule Extension for Permit Review Delay
35a RFI 042 12 Area A Entry Footing Change $4,780.40 Sent to T1 for review 04/15/21
35b RFI 066, ASI 019 12 Area D Entry Footing Change $4,043.52 Sent to T1 for review 04/15/21
36 Anodized Aluminum VE 8 Revise Aluminum Storefront, Curtainwall, Automatic Sliding Entrances and Windows to Anodized $(11,117.65)
37 Sheet L-002 Note 2 11 Drilling of Irrigation Well $14,342.82 Drilling of the well not included in GMP.
38 RFI 057 10 Electrical Room 148B Changes (Elimination of Panel, relocate circuiting, reduced panel rating)$(2,558.34)
39 RFI 043 -Glycol Concentration Discrepancies for AHU-2, AHU-3 and ERV-1 Closed RFI response revised so there would be no cost change.
40 RFI 089 13 Screened Rock for Interior Backfill and Slab Prep $4,290.93 Sent to T1 for review 8/5/21
41a PR 08a - Rough-in 13 PD Interview Rooms Building Security System Coordination with Getac Video Solutions $8,262.16
41b PR 08a - Cameras 14 PD Interview Rooms Building Security System Coordination with Getac Video Solutions $54,472.36 Pricing options from AVI and LONG submitted to T1 10/25/21
42 PR 09 10 Modified Furniture Layout in Digital Forensics Room 142E $2,195.67
43 PR 10 -Changes to FD Wardrobe Closet Not Accepted Due to ceiling height change, CoB opted to forgo. OAC 04/01/21
44 PR 07 9 Additional Exterior Electrical Outlets $714.47 Building mounted receptacles, only, approved.
45 Bid Package 31 Allowances 13 Material Off-Haul and Structural Fill Import Beyond Contract Allowances $27,567.69 Sent to T1 8/4 for review.
46 RFI 065 12 Revision and Rework of Area D Wall - Along GL D.2 at V-190 $927.33
47 ASI 24 10 Modification of Hand Rail Design and Installation $3,658.57
48 ASI 28 10 VAV Schedule Revisions $(781.79)
174
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
49 RFI 071 9 Horizontal Joint Reinforcement in 8M-1 and 12M-3 Wall Types $(5,746.15)
50 PR 11 14 Courtroom AV $7,552.47 Sent to T1 8/12/21
51 CASE Testing 10 Masonry Grout Comparison Testing $6,908.07
52 Sub.05 3100-01 / RFI 050 11 Credit to Omit Primer on Underside of Deck at Non-Exposed Areas $(11,837.15)Sent to T1 for approval 03.22.21
53 Bid Package 7E 11 Add Vapor Barrier at Exterior CMU Walls $72,264.70
54 PR 12 -FD Kitchen Dishwasher/Sanitizer Addition Not Accepted Not Approved. OAC 05/06/21
55 RFI 109 15 Increase Roof Drain Pipe Sizing from 4" to 6"$3,249.62
56 Master Budget Reconciliation 10 Move Builder's Risk Insurance from Contractor Contingency to Owner Change $75,404.91 $(75,404.91)Originally shown on Owner side of Master Budget Sheet.
57 PR 13 13 Drive Approach Sleeves to Future NWE Overhead Line Relocation $5,519.52 Approved in 06/10/21 OAC.
58 Allowance 2 10 Add to Winter Conditions Allowance $380,000.00 $200,000.00 Not to Exceed shared cost between Owner and Contingency.
59 ASI 40 / Submittal #6111 16 Revised Masonry Veneer Ledger Angle Details $13,628.41
60 RFI 032 12 Revised Brick Ledge at Grid A.4 $1,074.82
61 PR 14 12 Fire Department Gear Dryer (Electrical Modifications)$867.04
62 PR 15 13 Fire Department Conference Room Second Display and Screen Size Increase $3,495.16 Approved in 06/10/21 OAC.
62a PR 15 Correction 15 Credit Duplicate Screen Cost from Prior CE $(642.15)
63 PR 16 17 PR $608.33 Approved in 03/31/22 Cost OAC
63a PR 16 18 Super Graphics - PD Adds $663.86 Approved in 05/19/22 OAC
64 ASI 39 12 Second Level Floor Box Locations $(977.88)Sent to T1 for review 04/15/21
65 ASI 43a -Masonry Mechanical Chase Opening in Area D Grid 2.7 Wall Closed Withdrawn
66 PR 17 13 FD GPS Repeater Infrastructure $2,627.73 Approved in 06/10/21 OAC.
67 PR 18 13 Future Judge Restroom RR-251 Plumbing Rough-in $2,697.87 Revised, submitted to T1 06/24/21 for review.
68 PR 18 -Future Judge's Office 251 and Judge Restroom RR-251 Shell Fit Out Not Accepted Per 06/10/21 OAC, do not price.
69 RFI 199 13 Add (2) Dedicated Circuits for AV Racks in Briefing Room 122 and Storage ST-105 $1,241.74 Sent to T1 7/28/21 for review.
70 RFI 210 / RFI 263 Entry Canopy Curtainwall Bent Plates
71 Spec 27 5319, 28 3201, T-006 18 In-Building Wireless Systems $112,137.58 Revised and sent to T1 05/19/22; approved 5/26/22 Cost OAC
72 Solar PV Array Upgrade 13 Upgrade Solar Panel Array from 50kW to 250kW $255,842.11
73 NWE Work Outside Contract 15 Sitework Reclamation after NWE Permanent Service Install $1,472.46 Sent to T1 for review 12/02/21
74 PR 20 -Combined with CE 72
75 PR 21 13 Dual Data Port at Police Dept Canopies $657.83 Approved in 06/10/21 OAC.
76 ASI 48 13 Steel Sheathing Wall Assembly Revisions $(14,237.86)
77 PR 19 13 Courtroom Casework Revisions $3,358.37 Approved in 06/10/21 OAC.
78 PR 22 13 FD Cleaning (Rm. 154C) - Electrical Updates $(279.78)
79 PR 23 16 South Lobby Furring Wall $5,427.57 Approved 1/6/22 OAC.
80 PR 24 -Armory Counter and Shelving Extension Accepted ROM. $1,533.40. Final cost to be incorporated into BP 12B.
81 RFI 179 15 Added Angle and Plate Steel at Courtroom Clerestory Walls $1,587.10 $6,889.29 Discussed 12/9 OAC. Split plate and angle.
82 Bid Package 9A, VE Price 1 -Eliminate Drywall Z-Reglet Details Closed Due to schedule progression, Bid Time VE credit cannot be taken.
83 Bid Package 13A / PR 28 15 Facilities Storage Building Revised Design $(11,528.53)Approved by CoB during 12/16/21 OAC
84 PR 25 -Landscape Boulders at South Staff Entry Continue to hold. May be installed after project completion. 3/3/22
85 Irrigation Well 13 Credit for Actual Well Development Depth and Pump Electrical Disconnect $(1,200.92)Recharge Construction Contingency per CE#37, above.
85a Irrigation Well Credit Correction 15 Correct Pump Electrical Disconnect Credit $603.08
86 Submittal 486 15 Raceway and Box Rough-In for Four-Fold Door Control Wiring $40,793.71 Submitted to T1 for review 12/2/21.
87 Bid Package 9D 14 Replace Flooring Subcontractor $84,000.19 50/50 split Const. Contingency and Contractor Out-of-Pocket
88 ASI 56 -Four Fold Door Control Box and Pilaster Coordination Closed LL and T1 addressing separately from the contract.
89 PR 26 -Delete Window Film and add Black-out Roller Shade at Evidence Pick-Up Window Not Accepted Not Accepted.
90 Bid Package 31 Allowance 19 Material Off-Haul Beyond Contract Allowance (August 2021 through June 2022)$26,111.23 Approved 9/13/22 meeting
91 ASI 57 14 PD Records HD Storage Area Change to Workstations $5,365.26 Approved 09/02/21 OAC.
92 RFI 207.1 -Change Open Office 110 East Wall TVs from Ceiling Mount to Wall Mount Closed Contractor to cover cost.
93 Bid Package 9C 16 Contract No-Bid Acoustic Ceiling Tile and Wall Panels Bid Package $106,563.05 Approved 01/25/2022 OAC
94 RFI 216 / Insp. Report 9.9.21 15 Additional Welding from Relief Angle to Steel Stud Framing $8,349.79
95 RFI 222 14 Add Remote Operators to SRG-1 Courtroom Return Grilles $5,777.53 Approved 10//14/21 OAC
96 RFI 171 17 Entry Vestibule HSS Spacers $4,117.73 Accepted 03/03/22 OAC
97 PR 27 16 Fire Station Alerting System Revisions $4,648.10
98 ASI 61 -Apparatus Bay Striping Closed Langlas agreed to cover this cost along with whole floor epoxy.
99 PR 29 15 Remove Elevator Power Module and Cab Light Disconnects $(11,539.42)Approved 12/9
100 ASI 63 16 Add Brick Veneer Ledger Angle at FD Vestibule East Exterior Wall $1,680.36
101 ASI 64 16 Elevator FACP Cabling $364.37
102 RFI 236 16 Add Parapet Cap Flashing at Area D Roof Screen Walls $921.05
103 RFI 195 -Change Service Window to Painted Black Finish Not Accepted Closed 12/09/21 OAC.
104 PR 30 17 Chair Rail Wall Protection $11,149.62 Approved 02/11/2022 OAC
105 Submittal #850 19 Folding Glass-Panel Partition Re-Engineering and Design Coordination $1,630.95 $5,873.48 Submitted to T1 7/12/22; Approved 9/13/22 meeting
106 -Closed
107 RFI 252 17 Johnson Controls Power Supplies $6,149.46 Submitted to T1 03/03/22.
108 RFI 228 17 Infrastructure and Cabling for Motorized Shade Control Wiring $1,422.00 $16,530.06 Approved 02/17/2022 OAC
109 Sheet T-002, Note O 16 Data Sleeves for Low Voltage Systems Not Specifically Shown on Technology Drawings $15,877.84 Approved 01/25/2022 OAC
110 Bid Package 12B 16 / 17 Contract Revised Scope for Stainless Steel Countertops, Shelving and Wall Panels $25,438.00 $1,438.43 Approved 02/17/2022 OAC
111 RFI TBD 17 Delete West Daylighting Tube in Room 230 $(1,363.50)Approved 02/11/2022 OAC
112 RFI 250 17 Power Provisions for Ultraviolet Light Emitters for AHUs and ERVs $2,133.57 Approved 04/14/2022 Cost OAC
113 RFI 231 18 Generator Fuel Supply Design $11,529.39 Revised and sent to T1 05/19/22; approved 6/23/22 Cost OAC
114 PR 31 17 Fire Suppression in PD Open Office 110 - Owner FF&E Coordination $3,670.94
CE #Related Document
Prime
CO #Description
Potential Revision
for Review
Current CO for
Approval Approved Amount
Potential Revision
to Construction
Contingency
Current Adjustment to
Construction
Contingency for
Approval
Approved
Adjustment to
Construction
Contingency Comments
175
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 ~ 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 ~ 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
115 Owner Request 19 Relocation of Fiber Backbone from MDF to Data Center $1,088.88 Submitted to T1 7/12/22; Approved 9/13/22 meeting
116 Arch Observation Report -Owner Request to Relocate Fire Alarm Annunciator Panel in Facilities Office M-301 No Charge
117 PR 32 18 Address Sign Vinyls and Refurbish PD Sign $3,615.87 Submitted to T1 04/29/22; approved 5/26/22 Cost OAC
118 J. Wirth E-mail 04/15/22 Add Transom Window above Door S206.3
119 RFI 258 18 High Curb at NWE Transformer Box $1,570.64 Approved via e-mail 04/28/22
120 Fire Marshal E-mail 04/28/22 18 Add Smoke Detector in Facilities Office M-301a $1,085.74 Submitted to T1 05/24/2022; approved 5/26/22 Cost OAC
121 ASI 75 18 Change ADA Actuator Button at V-100 to Wireless $1,153.74 Resubmitted to T1 6/16/22; approved 6/23/22 Cost OAC
122 RFI 266 19 Dedicated Circuit for Clean Agent System in Data Center $899.38 Submitted to T1 7/12/22; Approved 9/13/22 meeting
123 OAC 06/09/22 Discussion 19 Diesel and Propane Fuel Price Increases $14,754.25 Submitted to Team for Discussion 6/9/22; submitted to T1 8/30/22
124 RFI 271 18 Additional Sprinkler Heads in Ceiling Pockets C-200 and L-180 $14,513.79 Approved 6/20/22 CW email
125 Cord Reel E-mail 05.05.22 -Cord Reel Enclosure for Suspended Ceiling in Evidence T1 Paid Submitted to T1 06/07/22; Approved T1 to pay 6/9/22 OAC.
126 RFI 170 18 Occupancy Sensor Changes for Temperature Controls $327.24 Submitted to T1 06/15/22; approved 6/23/22 Cost OAC
127 RFI 272 18 Heat Shields for App Bay Compressed Air Reels and Electrical Drop Cords $1,313.49 Submitted to T1 06/15/22; approved 6/23/22 Cost OAC
128 RFI 273 18 Additional Site Boulder Retaining Wall $996.41 Submitted to T1 06/21/22 in RFI 273; approved 6/23/22 Cost OAC
129 RFI 274 19 Buried Asphalt in Oak St Boulevard Removal and Replace with Topsoil $3,513.61 Submitted to T1 06/23/22 in RFI 274 & 7/6/22; APP 7/7/22 Cost OAC
130 Submittal 6160 19 Additional Interior Panel Signage $634.62 Submitted to T1 07/06/22; Approved 9/13/22 meeting
130a CoB Request 19 Refurbish FD Sign $3,524.10 Submitted to T1 07/22/22; Approved 9/13/22 meeting
131 Email w/ Sam H 19 Area D Roof Screen Door RH-101 Fabrication $3,136.02 Submitted to T1 07/06/22; APP 7/7/22 Cost OAC
132 PR 35 -110 Open Office Desk - Countertop Rework Submitted to T1 07/07/22; Rejected per CW at 8/11/23 OAC meeting
133 Owner's Request -Owner Directed Roof Repair Submitted to T1 07/22/22 ; LL to pay
134 PR 34 19 Drought Tolerant Demo Bed $249.64 Submitted to T1 07/22/22; Approved 9/13/22 meeting
135 Allowance Log 19 Winter Conditions & Const. Survey and Staking Allowance Reconciliation $(68,286.77)Approved 9/13/22 meeting
136 Service Agreement 19 Credit for Signed Service Agreement with TKE $(15,606.67)Approved 9/13/22 meeting
137 Owner's Request 19 Control Room Rack Modifications $4,875.74 Submitted to T1 8/18/22; Approved 9/13/22 meeting
138 Owner's Request -Additional Window Film In PD Area
139 Owner's Request 19 Remove, Replace, Adjust all Rainbird Nozzles to Hunter MP Rotator Nozzles $7,137.34
140 PR 36 19 Courtroom Microphone Bases Change $2,694.73
141 Scope Gap 19 Digital Signage System $19,614.18
142 RFI 264 Electrical Supply for Air Scrubbers in App Bay and HVLS Controller Location
143 RFI 278 Changing Facilities Office Receptacles to Emergency Power $1,507.69 Submitted to T1 9/6/22
144 RFI 278 Locker Room Lights Changed to Emergency Power $1,911.38 Submitted to T1 9/6/22
145 RFI 278 Changing Feed of UPSs from 2BL4 to 1BLOS1 and 1BLOS3 $24,523.69 Submitted to T1 9/6/22
146 RFI 278 Individual Restroom Lighting Programmed to Occupancy Mode $2,518.94 Submitted to T1 9/6/22
147 RFI 279 GFCI Protection for Cord Reels and Cord Drops Submitted to T1 9/6/22
148 Owner's Request 19 Increase Upper Cabinet Depth to Accommodate Plates $1,188.12 Submitted to T1 9/13/22; Approved 9/13/22 meeting
TOTALS POST GMP $30,461.70 $(59,969.94)$1,125,192.77 $-$73,002.77 $641,621.01
CE #Related Document
Prime
CO #Description
Potential Revision
for Review
Current CO for
Approval Approved Amount
Potential Revision
to Construction
Contingency
Current Adjustment to
Construction
Contingency for
Approval
Approved
Adjustment to
Construction
Contingency Comments
176
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Ordinance 2128 and Resolution 5453, the Yellowstone Montessori Academy
Annexation and Zone Map Amendment for Amendment on 0.67 Acres from
R2 to R4 and Initial Zoning of R4 on 0.87 Acres, 1625 and 1705 W Kagy Blvd,
and Annexation of 1705 W Kagy Blvd, Application 22121
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 22121 and move to adopt Resolution 5453, the Yellowstone
Montessori Academy Annexation, and authorize the City Manager to sign
the annexation agreement and associated easements.
Recommended Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the
Zoning Commission, and all information presented, I hereby adopt the
findings presented in the staff report for application 22121 and move to
provisionally adopt Ordinance 2128, the Yellowstone Montessori Academy
Zone Map Amendment.
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:A request to establish initial zoning on one parcel in conjunction with
annexation and to rezone an adjacent parcel owned by the same party at
the same time. Requested zoning is R4, Residential High Density. The parcel
at 1625 W. Kagy Blvd is also being reviewed for annexation. See the attached
staff report for more information. The applicant has met all requirements
and the implementing actions are presented with this initial review. The
application materials are available through the City's Community
Development viewer and Laserfiche archive.
177
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Approval of the application;
2. Denial of 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 on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:None.
Attachments:
22121 Yellowstone Montessori Annx-ZMA CC SR.pdf
22121 YMA Annexation Agreement - signed.pdf
220340 ANNX Map-10.13.2022.pdf
22121 1625 Street Easement - signed.pdf
22121 1625 Utility Easement - signed.pdf
22121 1705 Utility Easement - signed.pdf
22121 1705 Street Easement - signed.pdf
Ordinance 2128 YMA Annexation ZMA - Provisional
Adoption.pdf
220340 Zone Map-10.23.2022..pdf
Report compiled on: October 21, 2022
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22121 Staff Report for the Yellowstone Montessori Academy Annexation and
Zone Map Amendment
Public Hearing Dates: Zoning Commission - October 17, 2022
City Commission – November 1, 2022
Project Description: Annexation application 22121 requesting annexation of approximately
0.87 acres and adjacent right of way for Kagy Blvd and zone map amendment of 1.54
acres to the City Zoning Map from R2 (Moderate Density Residential) and Gallatin
County RS (Residential Suburban) to R-4 (Residential High Density District).
Project Location: 1625 and 1705 W. Kagy Blvd
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
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 22121 and move to recommend approval
of the Yellowstone Montessori Academy Annexation Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application
22121 and move to adopt Resolution 5453, the Yellowstone Montessori Academy
Annexation, and authorize the City Manager to sign the annexation agreement and
associated easements.
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 22121 and move to provisionally adopt Ordinance
2128, the Yellowstone Montessori Academy Zone Map Amendment.
Report: October 24, 2022
Staff Contact: Chris Saunders, Community Development Manager
Lance Lehigh, Interim City Engineer
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Zoning Commission as well as
the annexation and the zoning amendment for the City Commission. Application materials
are available for public review at
https://weblink.bozeman.net/WebLink/Browse.aspx?id=263187&dbid=0&repo=BOZEMAN
.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex one parcel and initially zone that parcel and
simultaneously rezone an adjacent parcel. The annexing parcel is part of a wholly surrounded
county island near MSU.
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.
The applicant has met all terms of annexation and zone map contingencies identified in this
report. Therefore, the finalizing documents are presented for adoption with this initial public
hearing.
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 October 17, 2022. No public comment was
received. The Board voted 8-0 to recommend approval. The video recording of the meeting is
available through the City’s website. Discussion on this item begins at 1:36:00 in the
recording.
Alternatives
1. Approval of the application;
2. Denial of 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 on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) .................................................... 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES: ................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 9
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
Annexation ........................................................................................................................ 10
Zone Map Amendment ..................................................................................................... 10
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16
Spot Zoning Criteria ......................................................................................................... 23
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 25
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 27
FISCAL EFFECTS ................................................................................................................. 27
ATTACHMENTS ................................................................................................................... 27
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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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 TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the Yellowstone Montessori Academy Annexation.
2. An Annexation Map, titled Yellowstone Montessori Academy Annexation Map with a
legal description of the property and including any adjoining un-annexed rights-of-way
and/or street access easements for Kagy Blvd must be submitted by the applicant for use
with the Annexation Agreement. The map must be supplied as a PDF for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineer’s Office. This map must be acceptable to the Director of Public Works and City
Engineers Office, and must be submitted with the signed Annexation Agreement.
3. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall address
maintenance and operations until and unless the City affirmatively assumes
responsibility for maintenance and operations of stormwater facilities within the
area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until it
is verified by the City that the necessary municipal services are available to the
property.
e. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
f. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
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g. The Annexation Agreement must include notice that charges and assessments
may be required after completion of annexation to ensure necessary municipal
services are available to the property.
h. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
4. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation
Agreement.
5. If they do not already exist the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SIDs) for the following as part of the Annexation Agreement:
a. Street improvements to Kagy Blvd from S. 19th Avenue to S. 11th Avenue.
b. Intersection improvements at S. 19th Ave and Kagy Blvd including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage
c. Intersection improvements at S. 11th Ave and Kagy Blvd 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 SID waiver in conjunction with the Annexation Agreement.
6. Kagy Blvd is classified as a Primary Arterial in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 120 feet. The applicant must
provide their respective half of the ROW from the centerline of the existing ROW as a
public street and utility easement where Kagy Blvd is adjacent to the property. A public
street and utility easement must be provided prior to the adoption of Resolution of
Annexation. The applicant can contact the City's Engineering Department to receive a
copy of the standard easement language.
7. The applicant must contact the City's Engineering Department to obtain an analysis of
cash-in-lieu of water rights prior to connection to the municipal water system. The
determined amount must be paid prior to issuance of a building permit, if applicable.
8. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to provide
full municipal services to the property in accordance with city policy at the time of
connection.
9. The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent for inspection, and the
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applicant must report the abandonment to the Gallatin City County Health Department.
In addition to abandonment of the septic tank and leach field, the applicant must
demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
10. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross
contamination. The applicant must contact the City Water and Sewer Superintendent to
inspect the disconnection prior to connection of water service from the house to the City
water system.
11. The applicant must execute the Annexation Agreement including provision of mapping,
easements, waivers, and fees if applicable, with the City of Bozeman within 60 days of
the distribution of the annexation agreement from the City to the applicant or annexation
approval shall be null and void.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. The applicant must submit a zone amendment map, titled Yellowstone Montessori
Academy Annexation 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 for Kagy Blvd, and total acreage of the property.
2. 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.
3. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-4 Residential High Density District shall be identified as the
Yellowstone Montessori Academy Annexation Zone Map Amendment.
4. All required materials shall be provided to the Department of Community
Development within 60 days of a favorable action of the City Commission or any
approval shall be null and void.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) recommends approval of the requested annexation.
The City Commission will hold a public meeting on the annexation on November 1, 2022.
The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the
meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an
annexation request. Staff’s recommendation and staff responses are predicated on
approval of the annexation, application 22121.
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 Zoning Commission will hold a public hearing on this ZMA on October 17, 2022 and
will forward a recommendation to the Commission on the Zone Map amendment.
The City Commission will hold a public hearing on the zone map amendment on November
1, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included
on the meeting agenda.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the west
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion Met. The subject property is totally surrounded.
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Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Neutral. The subject property has a single dwelling using well and septic system. It is not
currently contracting with the City for water, sewer or fire protection services. Future
development will be required to connect with City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
Criterion Met. The subject property lies within the planned service area of the municipal
water and sewer services. Future proposed developments will be required to utilize municipal
water or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban
Neighborhood’ and is within the urban area of the growth policy. See the discussion under
Criterion A of Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation reduces the size of an unannexed area wholly
surrounded by the City. By reducing the inholding area the City boundaries will become
more regular. The annexation will not create an annexation island.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion Met. The subject property will provide additional right of way for Kagy Blvd
adjacent to the property. Kagy Blvd is designated by the City as a major arterial. This
annexation will enhance both the City’s vehicular and pedestrian network by providing future
right of way width for these improvements. Although the improvements will not happen at
the time of annexation, future development will be required to install these improvements as
their frontage requirements or when the City expands Kagy Blvd.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
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sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a
smaller annexation.
Criterion Met. The subject property is approximately less than five acres. However, the
property owners seek to connect to the municipal sewer system and annexation is a
prerequisite of connection.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which requires evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 3&7. The landowner will
consent to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the
City systems.
Per Term of Annexation 3, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for
Kagy Blvd. The Recommended Terms of Annexation include requirements for these right of
way provisions. See Terms of Annexation 6.
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Policy 2: Issues pertaining to master planning and zoning must be addressed prior to
or in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of R-4. See the
zone map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The City Zoning Commission will review the requested zoning district designation on
October 17, 2022. The Zoning Commission’s recommendation will be provided to the City
Commission for review and consideration along with the annexation request on November 1,
2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of R-4, Residential High-
Density district. See Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed by Kagy Blvd which is paved.
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Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Engineering Division and based on the zoning designation approved by the City
Commission. Term of annexation 3 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development
per Term of annexation 7.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject
property. The property is located adjacent to existing urban development that is currently
served by Bozeman Fire and Police Departments. The property is located in the City’s water
and sewer service areas. Expansion of municipal utility and park facilities to serve the
development will occur during the development process. As noted above, the annexation
agreement will require future development to meet municipal standards.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
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Criterion Met. City services are not currently being provided to this property. Future
development will be required to hook up to City services. This annexation is not a result of
an emergency condition requiring connection.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The a metes and bounds description of the property is
required along with the map as the annexation must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as
required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as required. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. This policy will be implemented only if the Commission acts to grant
approval. If the application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
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district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation
and zoning application information.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. There are existing septic systems or wells that will need to be abandoned or
disconnected from the existing home. All future development will be required to connect to
city services. Terms of Annexation 9-10 requires necessary processes for the connections to
occur.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
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.
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In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38,
BMC. The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as 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
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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 R-4 district is an implementing district of the
Urban Neighborhood category.
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.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation which is reducing
the size of an unannexed inholding. 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 R-4 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans for transportation, water, and sewer. The three facility plans identify
necessary improvements to support urban development on the site. Construction of necessary
improvements is required as part of the development approval process.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The annexation is expanding the City to reduce the size of a wholly surrounded county
inholding. Utilities are already adjacent to the site.
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B. Secure safety from fire and other dangers.
Criterion Met. The property is not within any delineated floodplain nor does it have other
known natural hazards. Upon annexation the subject property will be provided with City
emergency services including police, fire and ambulance. 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 and identified policies in the BCP 2020. Public health
and safety will be positively affected by requiring the existing development to connect to
municipal sanitary sewer, which will prevent groundwater pollution and depletion by wells
and septic systems. The existing septic system will be removed and the home connected to
the sanitary sewer upon further development.
Development and redevelopment must be in accordance with modern building, access,
stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the
greater transportation network for users ensuring the promotion of public health, safety and
general welfare. The right of way for Kagy Blvd will facilitate construction of pedestrian and
bicycle facilities now missing in this section of the road.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas for transportation, parks,
sewer, and water. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program that identifies individual projects, project construction
scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
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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.
All future construction must extend services in conjunction with subdivision and site
development. Those extensions must meet current standards and will advance this standard.
The right of way for Kagy Blvd provided with the annexation will facilitate construction of
pedestrian and bicycle facilities now missing in this section of the road.
E. Reasonable provision of adequate light and air.
Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks,
height, lot coverage, and buffering. The criterion is not about personal preferences but about
protection of public health and safety. The adopted standards address protection of public
health and safety.
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 use than is currently
allowed under Gallatin County zoning of Residential Suburban. R-4 allows for smaller
setbacks and taller buildings.
To meet the adopted standards of 38.400, when a development is proposed, they will be
responsible for their frontage improvements along Kagy Blvd. 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. Sidewalks and bike facilities are
minimum standards and will be constructed as needed and may be coordinated with a larger
project to expand Kagy Blvd. 1705 W. Kagy Blvd has a Walk Score of 43, a Transit score of 18, and Bike Score of 62.
Average walk score for the city as a whole is 47 out of 100. 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 and is currently relying on data from older US Census efforts. 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
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therefore diversity of uses is less than in fully established areas. There are no adopted
development standards relating to the walk score.
G. Promotion of compatible urban growth.
Criterion Met. The intent of the REMU zone is:
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.
3. 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 subject property is adjacent to low-density residential uses to the east, medium density
residential uses to the north, and institutional and planned high density residential uses to the
south. In addition, the proposed zoning is in accordance with the Bozeman Community
Plan’s future land use designation of Urban Neighborhood.
The City has adopted two definitions to help understand the meaning of this criterion.
Compatible development. 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.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.
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The allowed uses in the R-4 district are consistent with adjacent uses; the development
standards will avoid spillover effects on adjacent development. Therefore the criterion is met.
H. Character of the district.
Criterion Met. 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 project site is adjacent to R-4 to the west, REMU to the south, R-2 to the
north of the western parcel, and unannexed land zoned as Residential Suburban to the east and
north for the eastern parcel. The site is approximately a third of a mile from Montana State
University. The general area is receiving steady and more intensive development pressure. It
is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a
structured method to consider changes to the character. The intent and purpose of the R-4
district is available above.
The existing character of the site is two parcels with one home on each. One home has been
converted to a daycare. The area has a mix of existing and potential uses with multiple zoning
districts being in near proximity. The requested zone district is adjacent to the site. The
annexing portion of this application is one of five unannexed parcels along Kagy Blvd between
S. 11th and S 19th Avenues. R4 is the predominant municipal zone along this stretch of Kagy
Blvd.
I. Peculiar suitability for particular uses.
Criterion Met. 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 site
has access to an arterial street. The site is close to MSU. The uses allowed in the R-4 district
are consistent with other uses in the vicinity.
J. Conserving the value of buildings.
Criterion Met. There are two buildings on the site. One is in use as a daycare. The other is an
individual detached home. The amendment is for the zoning map and does not alter allowed
uses on adjacent property. The uses allowed in the R-4 district are already prevalent in the
area.
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K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use
of land as the property is adjacent to both residential and future commercial uses. There is
excellent access to the city’s services, including streets, thus is able to support a higher
intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4
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?
Criterion not met. The amendment site bridges areas with different uses. The project site is
adjacent to R-4 to the west, REMU to the south, R-2 to the north of the western parcel, and
unannexed land zoned as Residential Suburban to the east and north for the eastern parcel.
The site is approximately a third of a mile from Montana State University.
The uses allowed in the R-4 district are primarily residential ranging from single detached
home to apartment buildings. Some non-residential uses such as daycare centers (allowed in
all residential districts) are also possible. Uses adjacent to the site include detached and
attached homes and a church. The site is in close proximity to other R-4 designated property.
Therefore the proposed allowed uses in R-4 are not different from the prevailing land uses in
the area. As discussed in Criterion A above, the R-4 zoning is consistent with the adopted
growth policy.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Criterion not met. The application is submitted by one landowner in conjunction with the
proposed annexation of the property. While the City supports and encourages multiparty
annexation applications, they are not required. Single owner petition annexation requests are
the most frequently seen. The amendment is consistent with and supports the City’s adopted
growth policy, thus it is a benefit to the greater community even though the number of
immediate landowners benefited are small.
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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 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 in the review criteria above, no substantial negative impacts are
identified due to this amendment.
The application is consistent both with the City’s growth policy. The growth policy
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 to the east within the City. Change is character is inevitable
with a change from agriculture to any urban use. The development standards of the City will
address utility, transportation, and other issues to mitigate impacts from future development.
These standards are applied during subdivision and zoning review of proposed development.
Therefore, the amendment does not benefit the landowner at the expense of others.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
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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 September 25th and October 9th,
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 October 20, 2022, no written or oral comments have 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.
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 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 “Urban Neighborhood”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Y.M.A. Properties, 144 Sir Arthur Dr., Bozeman MT 59718
Representative: Yellowstone Montessori Academy, 1705 W. Kagy Blvd, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager, Community
Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record was electronically submitted and can be viewed at
https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project
Documents’ and navigate to application 22121 to view the full application. Digital access is
also available at the Community Development Department at 20 E. Olive Street, Bozeman,
MT 59715.
Application materials direct link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=263187&dbid=0&repo=BOZEMAN
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Ord 2122
Page 1 of 6
ORDINANCE 2128
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN
INITIAL MUNICIPAL ZONING ON 1.0556 ACRES AS R4 (RESIDENTIAL HIGH-
DENSITY DISTRICT), AND TO AMEND THE ZONING FROM R2 (RESIDENTIAL
MODERATE DENSITY DISTRICT) TO R4 (RESIDENTIAL HIGH DENSITY
DISTRICT) ON 0.67 ACRES THE YELLOWSTONE MONTESSORI ACADEMY
ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21442
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 October 18, 2022, the
Bozeman Community Development Board in their capacity as the Zoning Commission
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recommended to the Bozeman City Commission that application No. 21442, the Silo Annexation
Zone Map Amendment, be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
November 1, 2022, to receive and review all written and oral testimony on the request for the zone
map amendment; and
WHEREAS, the City Commission 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;
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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
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.
22121 the Yellowstone Montessori Academy Annexation Zone Map Amendment have
been satisfied and no spot zoning occurs.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-4 (Residential High Density District):
Legal Description
That part of Tract 11, BEATTY’S SUBDIVISION, [Plat E-26], according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, as described in Document No. 2535497, and that part of adjacent Kagy
Boulevard lying north of the centerline, and located in the Southwest Quarter of Section
13, Township 2 South, Range 5 East of P.M.M Said property is further described as
follows:
Beginning at the northeast corner of said part of Tract 11; thence southerly 181°25’29”,
assumed azimuth from north, 264.72 feet along the east line of said part of Tract 11 and its
southerly extension to the centerline of Kagy Boulevard; thence westerly 270°57’21”
azimuth 179.58 feet along said centerline; thence northerly 001°15’10” azimuth 265.00
feet along west line of said part of Tract 11 and its southerly extension; thence easterly
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271°02’47” azimuth 180.38 feet along the north line of said part of Tract 11 to the point o
beginning.
Area of Lots = 37,897 square feet, 0.8700 acre or 3,520.8 square meters.
Area of Kagy right of way = 8,084 square feet, 0.1856 acre or 751.0 square meters.
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.
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.”
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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 1st day of November 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 15th of
November 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
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_________________________________
GREG SULLIVAN
City Attorney
246
1625 W KAGY BLVD1705 W KAGY BLVDYELLOWSTONE MONTESSORI ZONE MAP AMENDMENTOCTOBER 23, 2022247
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Anna Bentley, Director of Community Development
SUBJECT:The Cloverleaf zone map amendment requesting amendment of the City
Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue,
East Peach Street, and Plum Avenue consisting of approximately 3.1995
acres and the accompanying adjacent right-of way from NEHMU (Northeast
Historic Mixed Use) to B-2M (Community Business District Mixed).
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 22218 and move to recommend
approval of the Cloverleaf 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:The owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and
applicant Cloverleaf LLC, Box 161236, Big Sky, MT 59716 submitted an
application to rezone a city block totaling 3.1995 acres from NEHMU
(Northeast Historic Mixed Use) to B-2M (Community Business-Mixed). The
property currently hosts variety of existing buildings primarily supporting
Bronken’s Distributing. No future development plans or indication of future
development plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see
Section 2: Map Series. The intent of the northeast historic mixed-use district
is to provide recognition of an area that has developed with a blend of uses
not commonly seen under typical zoning requirements. The unique qualities
and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative
integration of land uses.
Both the NEHMU and B-2M districts are classified as commercial and mixed-
use districts. The intent and purposes of the commercial zoning districts are
248
to establish areas within the city that are primarily commercial in character
and to set forth certain minimum standards for development within those
areas. The purpose in having more than one commercial district is to provide
opportunities for a variety of employment and community service
opportunities within the community, while providing predictability. 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 the standards of this chapter are met and
any applicable conditions of approval have been satisfied. Additional
requirements for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted
uses is considerable. Differentiating these districts creates a complex
tapestry of divergent scale and use. Never-the-less, the primary differences
relate to residential and commercial intensity. Please refer to Appendix C for
a complete of permitted uses. NEHMU follows the R-2 zoning designation for
permitted residential uses.
The property is within the Northeast Neighborhood Association boundary
and the Neighborhood Conservation Overlay District. The southern edge of
the property is bounded by East Peach Street. East Peach Street is a
designated Collector street according to the Bozeman Area Transportation
Plan, 2007 Update. All other streets are considered local streets.
During the development and adoption of the Bozeman Community Plan
2020 (BCP 2020) the underlying Future Land Use designation was modified
from Industrial to Community Commercial Mixed Use. This action paved the
way for subsequent zoning changes that differ from the prevailing historical
uses of the area and indicate a shift in character over time. Both NEHMU and
B-2M are implementing districts of the CCMU future land use designation.
UNRESOLVED ISSUES:There are no identified conflicts on this application at this time.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. 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 zone map amendment.
Attachments:
22218 Cloverleaf ZMA CC SR.pdf
Report compiled on: October 21, 2022
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Page 1 of 40
22218, Staff Report for the Cloverleaf Zone Map Amendment
Public Hearing Date(s): Community Development Board acting in their capacity as the
Zoning Commission will hold a public hearing on October 3, 2022 at 6:00 pm.
City Commission public hearing will be held on November 1, 2022 at 6:00 pm.
Project Description: The Cloverleaf zone map amendment requesting amendment of the City
Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue, East
Peach Street, and Plum Avenue consisting of approximately 3.1995 acres and the
accompanying adjacent right-of way from NEHMU (Northeast Historic Mixed Use) to
B-2M (Community Business District Mixed).
Project Location: The property is block bounded by East Cottonwood Street, Ida Avenue,
East Peach Street, and Plum Avenue and more thoroughly described as Lot 1 – 8 and
11 – 28, Block 100, Northern Pacific Addition to the City of Bozeman, located in the
Southeast One-Quarter (SE ¼) of Section 6, Township Two South (T2S), Range Six
East (R6E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval
Recommended Community Development Board 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 22218 and move
to recommend approval of the Cloverleaf 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 Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 22218 and move to approve the Cloverleaf
Zone Map subject to contingencies required to complete the application processing.
Report Date: October 20, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action – Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and applicant Cloverleaf
LLC, Box 161236, Big Sky, MT 59716 submitted an application to rezone a city block totaling
3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business-
Mixed). The property currently hosts variety of existing buildings primarily supporting
Bronken’s Distributing. No future development plans or indication of future development
plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see Section 2: Map Series.
The intent of the northeast historic mixed-use district is to provide recognition of an area that
has developed with a blend of uses not commonly seen under typical zoning requirements.
The unique qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land uses.
Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts.
The intent and purposes of the commercial zoning districts are to establish areas within the
city that are primarily commercial in character and to set forth certain minimum standards
for development within those areas. The purpose in having more than one commercial district
is to provide opportunities for a variety of employment and community service opportunities
within the community, while providing predictability. 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 the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted uses is
considerable. Differentiating these districts creates a complex tapestry of divergent scale and
use. Never-the-less, the primary differences relate to residential and commercial intensity.
Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning
designation for permitted residential uses.
The property is within the Northeast Neighborhood Association boundary and the
Neighborhood Conservation Overlay District. The southern edge of the property is bounded
by East Peach Street. East Peach Street is a designated Collector street according to the
Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets.
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During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the
underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time. Both
NEHMU and B-2M are implementing districts of the CCMU future land use designation.
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.
Application materials can be viewed on the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262655
No public comment has been received by the production of this report.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on October 3, 2022 and voted (5:3) to recommend approval of the requested
zoning change to the City Commission.
The Board acknowledged that recent development in the B-2M is mainly hosting residential
use, not mixed-use as intended. There was a discussion on functionality and status of the streets
adjacent to the property including the status of Front Street. It was also noted there are
significant differences between NEHMU and B-2M.
The primary reasoning the dissenting votes held were related to density and intensity and found
the move from NEHMU to B-2M was a detriment to the progression of the character of the
northeast neighborhood.
A video recording of the meeting will be provided after the completion of the meeting.
https://bozeman.granicus.com/player/clip/1233?view_id=1&redirect=true&h=523343071b14
2cd26dc6fbc6ba94a373
Time Stamp
Staff Presentation 8:25
Applicant Presentation 30:30
Public Comment 53:26
Board Discussion 59:30
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Public comment was heard at the meeting. One commenter desired the preservation of the
character of the area while acknowledging the area is changing and suggested the increase in
building height would likely erode the character and views that are integral to the
neighborhood. A second commenter stated support of the request and noted parking is already
at a premium and intensification would likely exacerbate the situation.
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................2
Unresolved Issues................................................................................................................2
Project Summary .................................................................................................................2
Community Development Board (Zoning Commission) Summary....................................3
Alternatives..........................................................................................................................4
SECTION 1 - MAP SERIES.....................................................................................................6
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.......................................12
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............13
Section 76-2-304, MCA (Zoning) Criteria........................................................................13
PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................26
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............27
APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................28
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................28
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................41
FISCAL EFFECTS..................................................................................................................41
ATTACHMENTS....................................................................................................................41
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Page 6 of 40
SECTION 1 - MAP SERIES
Figure 1: Vicinity Map (2021 image)
Subject
properties
Peach Street
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Figure 2: Future Land Use Designations (2021 image)
Urban
Neighborhood
Industrial
M-1
Community
Commercial
Mixed Use
Public
Institutions
Community
Commercial
Mixed Use Urban
Neighborhood
Urban
Neighborhood
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Figure 3: Current Zoning Map (2021 image)
R-O
R-3
R-2
NEHMU
M-2
PLI
M-1
M-1
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Figure 4: Applicant Proposed Zoning Map
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Figure 5: Current Land Use (2021 image)
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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. That all documents and exhibits necessary to establish the amended municipal zoning
designation of B-2M shall be identified as the “Cloverleaf Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Cloverleaf Zone Map
Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized
in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map.
Said map shall contain a metes and bounds legal description of the perimeter of the subject
property including adjacent rights-of-way, and total acreage of the property.
3. 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.
Advisory Comments
1. BMC 38.400.010. All streets must comply with the adopted growth policy and/or
transportation plan. Plum Avenue and Ida Avenue are local streets and require 60 feet of
right-of-way with boulevards and sidewalks. Diagonal parking will require additional
right-of-way. Upon future subdivision or site plan development the applicant must provide
the required right-of-way and comply with the local street standards.
2. BMC 38.400.010.A.13. The alignment of all streets must provide adequate site distances
based on design operating speeds. With future development the applicant is advised to
consider how moving vehicles, street parking and accesses will interact with the chicane
on Cottonwood Street.
3. BMC 38.410.040. Blocks must be designed to ensure a high level of multimodal
connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the
special needs of the use contemplated; and to take advantage of the limitations and
opportunities of the topography. With future development the applicant is advised to
consider pedestrian movement, solid waste access, snow removal and utility location with
the design.
4. Design Specification & Standards Policy (DSSP) V.B. The minimum diameter sewer main
is 8 inches. Sewer lines shall be sized to flow at no more than 75-percent of full capacity
at peak hour conditions upon the full build-out of the development. The effects of the
proposed development sewer loading on downstream sewer lines shall be analyze upon
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future development. The sewer main in Cottonwood Street is 6 inches and will need to be
upgraded upon future development.
5. DSSP V.A. Upon future development, a water main will be required to be installed in Plum
Street between Cottonwood Street and Peach Street to satisfy the looping requirement.
6. DSSP V.D.5. Alley ways may be necessary with future development for internal water and
sewer lines. A thirty foot utility easement is required for one or two utility mains located
outside the public right-of-way. At no time will the utility line be less than nine feet from
the edge of the easement or less than ten feet from a parallel utility line.
7. BMC 38.410.060. Ten foot front setback utility easements must be provided with future
development. Side and rear setback utility easements may be required. The applicant is
advised to consult with Northwestern Energy early in the process to determine how to
adequately serve the proposed development.
8. BMC 38.410.080. Upon future development, stormwater storage facilities cannot be
located in the public right-of-way. Stormwater storage facilities serving multiple lots must
be located in a common stormwater lot and not on a private lot.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
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 identified infrastructure deficiencies and challenges that may impede
future development allowed by the B-2M zoning but not approval of the application. Please
see the advisory comment sin in this report.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this zone map amendment on October 3, 2022 and will forward its
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 November
1, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Annexation and Zone Map Amendment application. Members of the public will also be able
to participate remotely via WebEx. Instructions for joining the WebEx meeting will be
included on the meeting agenda which is published on the City’s website at least 48 hours prior
to the meeting.
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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 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 BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment
is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
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The area of this application is within the annexed area of the City and where there is anticipated
redevelopment within the City as discussed below. As shown on the maps in Section 1, on the
excerpt of the current future land use map, the property is designated as Community
Commercial Mixed-Use. The Community Commercial Mixed-Use designation description
reads:
“The Community Commercial Mixed Use category promotes commercial areas
necessary for economic health and vibrancy. This includes professional and
personal services, retail, education, health services, offices, public administration,
and tourism establishments. Density is expected to be higher than it is currently in
most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The
urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High
density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and
non-automotive routes. Due to past development patterns, there are also areas
along major streets where this category is organized as a corridor rather than a
center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian
friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant
streets and intersections. Building height or other methods of transition may be
required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These
smaller centers support and help give identity to neighborhoods by providing a
visible and distinct focal point as well as employment and services. Densities of
nearby homes needed to support this scale are an average of 14 to 22 dwellings
per net acre.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table the B-2M district is an implementing district of the Community
Commercial Mixed-Use category.
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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 have not
been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development, even within already developed areas. This
policy approach does not specify any individual district but does lean towards the more
intensive portion of the zoning district spectrum.
The Applicant argues the proposed zone change in accordance with the Growth Policy by
arguing, “Yes, the zone amendment to B-2M zoning is in compliance with the growth policy.
The Future Land Use Map in the Bozeman Community Plan 2020 designates the
property Community Commercial Mixed Use. This designation is appropriate for B-2M
zoning designation, as shown on the Correlation with Zoning table within the Community
Plan.
The proposed map amendment from NEHMU to B-2M would allow for similar uses in
the current NEHMU, and also provide for apartment buildings, additional retail space,
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while reducing the uses related to manufacturing and outdoor storage. The form and
intensity standards of the B-2M reflect the intent to encourage a mixed business district.
The intent of the Community Commercial Mixed-Use category is to promote commercial areas
needed for economic health, including a scale appropriate to neighborhood development.
Commercial development within neighborhoods supports the nearby residential uses and gives
identify to neighborhoods, provides employment, and offers services.”
The applicant continues to suggest numerous goals and objectives that are broadly served with
this application. Staff is in general agreement with the list but note a goals and objectives are
only marginally promoted by the application. These include:
Goal N-1: Support well, planned, walkable Communities.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
The mixed-use nature of the B-2M district is supportive of walkable communities.
It provides an opportunity for a variety of housing types, as well as commercial uses.
The variety of housing options increases the opportunity for projects to develop housing
and commercial uses within a single project.
The B-2M district allows for a more intensive development than NEHMU with
greater permitted building heights. This will enable a gradual and predictable increase in
density within the area.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations.
N-2.1 Ensure the zoning map identifies locations for neighborhood and
community commercial nodes early in the development process.
N-2.2 Revise the zoning map to support higher intensity residential districts near
schools, services, and transportation.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon
after, residential development.
The B-2M district promotes the development of commercial nodes and supports
higher intensity residential uses.
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 intensity within developed areas.
DCD-2.2 Support higher density development along main corridors and at high
visibility street corners to accommodate population growth and support businesses.
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DCD-2.5 Identify and zone appropriate locations for neighborhood-scale
commercial development.
The B-2M district supports higher density and mixed used developments at
the neighborhood scale. The property highlighted in this application is located adjacent to
Peach Street, which is designated a collector street and would be considered a main
corridor.
Goal M-1: Ensure multimodal accessibility.
M-1.1Prioritize mixed-use land use patterns. Encourage and enable the development
of housing, jobs, and services in close proximity to one another.
The B-2M districts is designed as a mixed-use district. Development that is consistent
with the B-2M intent and permitted uses encourage development to be built at densities
that support multimodal transportation and adjacency of housing, jobs, and services
Staff concurs with a number of these identified goals and objectives. However, some of the
listed goals and objectives are not supported. Only one street is a designated Collector (not
arterial), is not near a commercial node or an area served by transit. On the other hand, the
intent of the B-2M district is to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the city. While it may be seen a detriment
to the character of the NEHMU area it should serve as a catalyst for redevelopment of the
site.
This district provides for a range of commercial uses that serve both the immediate area and
the broader trade area and encourages the integration of multi-household residential as a
secondary use. Design standards emphasizing pedestrian oriented design are important
elements of this district.
See Appendix C for more information on permitted and special uses in the B-2M district.
No conflicts with the Growth Policy have been identified.
In conclusion, taken as a whole staff finds the proposed B-2M zoning is in conformance with
the Bozeman Community Plan, 2020.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements, which will ensure this criterion
is met. The change from NEHMU to B-2M is not likely to adversely impact safety from fire
and other dangers.
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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, 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.
The B-2M district allows residential
use as a permitted use up to 100
percent of a building. The proximity
to active rail lines, industrial uses of
storage, transportation, and
manufacturing of goods, and an
Environmental Protection Agency
Idaho Superfund site may create
unique challenges to ensure the health
and safety of future residence.
Bozeman Idaho Pole Site
information. The property boundary
is more than 525 feet linear feet from
the edge of the site. The physical
distance coupled with the
intermediary properties, ongoing
monitoring efforts, remediation
requirements, building restrictions,
and barriers will likely be sufficient to
ameliorate any possible health
concerns.
In addition to the Idaho Pole site
proximity an active rail line is
approximately 225 linear feet from
the train track. According to Montana
Rail Link (MRL) approximately 20 trains per day pass through this site with additional
capacity available on the tracks and about 32 percent of their shipment loads are for coal. There
is evidence that links coal dust with adverse health issues. Locating residential use in close
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proximity to a rail line with frequent coal trains may increase the possibility of exposure to
known health risks. However, distance coupled with two rights-of-ways, buildings, and other
activities will reduce any possible risks.
An additional argument can be made that this location, near multiple breweries, may reduce
impaired driving if future development includes a residential component.
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 Section 4,
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.”
The City conducts extensive planning for municipal transportation, water, sewer, parks,
sustainability, 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 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. However, School District 7 will
have opportunity to review and comment on future development if a residential component is
included.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed.
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
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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.”
The aforementioned code section is important in this case. The site has development
restrictions due to inadequacy of existing transportation systems. Substantial street
improvements will be required with further development including right-of-way acquisition to
meet minimum City standards. In addition, there are existing constraints that will create unique
development challenges such. See advisory comments in Section 2 of this report.
Residential uses require parkland. It is undetermined where parkland and/or playgrounds
would be sited in this historically industrial area with limited appropriate open space and park
areas. Currently, the only open areas are in close proximity to the rail road and the superfund
site which may not be the most appropriate location for recreation. The Northern Pacific pocket
park and the Northeast Neighborhood Park are the closest parks to the site. There is access to
the City’s trail system although not all residents have suitable mobility to fully use these
amenities. Needs and utilization of parkland vary by user.
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 B-2M district provides adequate light
and air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Staff agrees with the applicant’s statement that, “The City’s transportation plan
is used to evaluate transportation needs over the long term across the municipal area to account
for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails
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plans also examine and specify options for extensions of the existing trail network through this
site. Future site development will examine impacts on the transportation network, parks, and
trails system, and municipal facilities. Furthermore, these future development reviews will
ensure that development under the new zoning will comply with the City’s standards for the
provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite
circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure compliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.
Additionally, potential future development within a zoning district of B-2M will likely affect
the City’s motorized and non-motorized transportation system with increased traffic. The
existing industrial and warehouse uses create traffic, however, future development will likely
require a Traffic Impact Study to identify the extent of increased traffic volumes and specify
required infrastructure improvements to serve the development.
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards.
The site has a Walk Score of 65 and a Transit score of 23. 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.
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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.
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 City’s future land use map designates the properties as Community Commercial Mixed-
Use in the BCP 2020. These designations correlate with several zoning districts including the
B-2M 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.
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The applicant provides additional support by stating, “The designation this site as B-2M offers
additional design flexibility to and will offer future development to unfold compatible with
development adjacent to the existing zones. The flexibility offered by B-2M zoning will allow
the site to respond to and meet the demands of the surrounding neighborhoods, providing
complimentary retail, commercial uses, offices, and restaurants to serve the needs of the
community of Central Bozeman. All future design and construction will be compatible with
the UDC site and design standards, further ensuring compatibility for this site.”
In general the northeast area part of town is evolving. Historically many businesses and uses
were related and dependent on rail access. As rail access became less viable uses have shifted.
To illustrate the changing nature of the area examples include the approved Cottonwood and
Ida Planned Unit Development, the Mountains Walking zoning change from M-1 to B-2M, the
change in the future land use map from Industrial to Community Commercial Mixed in the
recently adopted BCP 2020, and the recent approval of the Block 104 ZMA changing zoning
from M-1 to B-2M.
It would be difficult to find the proposed zoning change is not compatible urban growth based
on the intent of the NEHMU district, evolving character of the area, and other approved
developments in the vicinity. The intent states, “… The unique qualities and nature of the
area are not found elsewhere in the city and should be preserved as a place offering
additional opportunities for creative integration of land uses. The intent of this area is to
allow private and case-by-case determination of the most appropriate use of land in a broad
range of both non-residential and residential uses. Although not within the NEHMU district
the recently approved Block 104 ZMA modifying zoning from M-1 to B-2M, and the
Wildlands mixed-use building being constructed over the existing Brown Building (Wild
Crumb & Finks Deli) which includes a parking structure, commercial space, residential uses
in a three story building.
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. It is not expected that zoning freeze the character of an area in perpetuity.
Rather, it provides a structured method to consider changes to the character. This is especially
true when applying zoning to undeveloped areas as any new construction will alter the physical
characteristics of the area.
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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
B-2M district to be compatible with adjacent development’s mixed-use characteristics and
uphold the unique character of the area. The site has an existing commercial/warehouse
buildings, parking, and exterior storage. There are a wide variety of uses adjacent to the site
including warehousing, entertainment venues, residential, restraint, and commercial. A review
of the uses allowed in the proposed zones shows many similarities with existing and authorized
uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with
the character of the area.
Northeast historic mixed-use district—intent and purpose.
1. The intent of the northeast historic mixed-use district is to provide recognition of an area
that has developed with a blend of uses not commonly seen under typical zoning
requirements. The unique qualities and nature of the area are not found elsewhere in the
city and should be preserved as a place offering additional opportunities for creative
integration of land uses. The intent of this area is to allow private and case-by-case
determination of the most appropriate use of land in a broad range of both non-
residential and residential uses. Standards for buffering between different land uses are
deliberately not as high as standards elsewhere in the community as it is assumed that
persons choosing to locate in this area are aware of the variety of possible adjacent land
uses and have accepted such possibilities as both acceptable and desirable. It is expected
that the lots within this district will continue to develop under a variety of uses which
may increase or decrease in scope in any given portion of the district.
2. The clear intent of this district is to support a mix and variety of non-residential and
residential uses. Nothing in division 38.300 of this article shall be interpreted to be
discouraging or prejudicial to any listed use except as set forth as principal and
conditional uses.
Similar to criterion G above the area in question is evolving. Historically many businesses and
uses were related and dependent on rail access. As rail access became less viable uses have
shifted. To illustrate the changing nature of the area examples include the approved
Cottonwood and Ida Planned Unit Development, the Mountains Walking zoning change from
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M-1 to B-2M, the change in the future land use map from Industrial to Community Commercial
Mixed in the recently adopted BCP 2020, the recently approved Block 104 ZMA modifying
zoning from M-1 to B-2M, and the Wildlands mixed-use building being constructed over the
existing Brown Building (Wild Crumb & Finks Deli) which includes a parking structure,
commercial space, residential uses in a three story building.
See the Applicant Submittal for additional discussion.
I. Peculiar suitability for particular uses.
Neutral. Future uses for construction on the site are not finalized at this time, so the suitability
of the site for particular uses is not easily evaluated. However, considering the context of the
site with a robust transportation system, streets serving the property, existing city services
established, and the variety of land uses in the immediate area, the proposed B-2M district
allows for similar configuration of uses as the surrounding area, even though the B-2M district
is a more intensive district than the existing NEHMU zoning generally allows.
As shown in Figure 4, the property is bounded by NEHMU zoning on the north and west, M-
1 to the east, and R-2 on the south. The site includes redevelopment and infill opportunities.
The proposed B-2M district can support many types of urban development that are likely to
serve the immediate area as a result of its location and proximity to residential areas to the
west. Final determination of suitability will occur during the site development process.
As noted under criterion C Promote public health, public safety, and general welfare, the B-
2M district allows residential use as a permitted use up to 100 percent of a building. The
proximity to active rail lines, industrial uses of storage, transportation, and manufacturing, and
an Environmental Protection Agency Idaho Superfund site may create unique challenges to
ensure the health and safety of future residence these can be mitigated as discussed above and
through the quiver of tools to at the City’s disposal to ensure all known impacts from internal
and external to a development are mitigated.
J. Conserving the value of buildings.
Criterion met. The site hosts a variety of commercial buildings and parking. B-2M zoning will
allow for new and diverse development patterns on the subject parcel that compliment
development on adjacent sites. Future development must comply with the Bozeman Unified
Development Code which will ensure an appropriate scale and intensity of uses. As a result,
the proposed zone map amendment is not anticipated to negatively impact nearby building
values as the development pattern will be appropriate to the surrounding character of the
district.
The values of some buildings will likely improve in the future as new and improved amenities
are provided to the area as the site is developed according to the proposed B-2M 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. As stated above, the BCP 2020 illustrates the most appropriate use of the land
through the future land use map. This application complies with the BCP 2020 by proposing
zone map amendments of districts that continue to implement the future land use map
designations. In this case, urban mixed-use development have been identified by the
community as the most appropriate types of development for the property. 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.
Similarly, as stated by the applicant, “… the Bozeman Community Plan illustrates the most
appropriate use of the land. In this case Community Commercial Mixed Use development has
been identified by the community as the most appropriate types of development for the
property. The Unified Development Code contains standards, protections and review processes
to ensure the land is developed in ways that protect and promote public health, safety, and
general welfare.”
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address and legal description of the property), 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.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A zone map amendment requesting amendment of the City Zoning Map for a city block
consisting of approximately 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-
2M (Community Business-Mixed). The property currently hosts variety of existing buildings
primarily supporting Bronken’s Distributing. No future development plans or indication of
future development plans were submitted with the application.
The property is a central component of the NEHMU zoning district, see Section 2: Map Series.
The intent of the northeast historic mixed-use district is to provide recognition of an area that
has developed with a blend of uses not commonly seen under typical zoning requirements.
The unique qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land uses.
Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts.
The intent and purposes of the commercial zoning districts are to establish areas within the
city that are primarily commercial in character and to set forth certain minimum standards
for development within those areas. The purpose in having more than one commercial district
is to provide opportunities for a variety of employment and community service opportunities
within the community, while providing predictability. 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 the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements
for development apply within overlay districts.
The proposed change from NEHMU to B-2M in building form and permitted uses is
considerable. Differentiating these districts creates a complex tapestry of divergent scale and
use. Never-the-less, the primary differences relate to residential and commercial intensity.
Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning
designation for permitted residential uses.
The property is within the Northeast Neighborhood Association boundary and the
Neighborhood Conservation Overlay District. The southern edge of the property is bounded
by East Peach Street. East Peach Street is a designated Collector street according to the
Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets.
During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the
underlying Future Land Use designation was modified from Industrial to Community
Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ
from the prevailing historical uses of the area and indicate a shift in character over time. Both
NEHMU and B-2M are implementing districts of the CCMU future land use designation.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US first class mail to all owners of property located inside the site and
within 200 feet of the perimeter of the site. The project site was posted with a copy of the
notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on
September 18 and 25, 2022. The Community Development Board hearing is scheduled for
October 3, 2022 and the City Commission public hearing is scheduled for November 1, 2022.
No written public comment has been received on this application at the time of writing this
report.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as community commercial mixed use in the Bozeman Community
Plan 2020 future land use map – see descriptions below.
“Community Commercial Mixed Use.” The growth policy states that, “activities within this
land use category are the
basic employment and
services necessary for a
vibrant community.
Establishments located
within these categories
draw from the community
as a whole for their
employee and customer
base and are sized
accordingly. A broad
range of functions
including retail, education,
professional and personal
services, offices,
residences, and general
service activities typify
this designation. In the
“center-based” land use
pattern, Community
Commercial Mixed Use
areas are integrated with
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significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than
currently seen in most commercial areas in Bozeman and should include multi-story
buildings…High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an automobile…
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should
not be overly dominated by any single land use. Higher intensity employment and residential
uses are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.”
The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates
zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed
zoning designation of B-2M correlates with the Growth Policy’s future land use designation
of “Community Commercial Mixed Use”.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent
of the B-2M district is “… to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit”.
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
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Commercial Mixed Use Industrial
B-1 1 B-2 B-2M B-3 UMU REM
U
NEHMU
2 BP M-1 M-2
PLI
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*
• 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 — — — — — —
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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:
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
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.
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.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
PLI
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 —
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Mortuary — S S S S — — — — — —
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
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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.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU
2 BP M-1 M-2
PLI
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 — — — —
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Live-work units* P P P P P P P — — — —
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.
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Table 38.310.040.D
Permitted industrial and wholesale 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.
Zoning Districts
Commercial Mixed Use Industrial Uses
B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2
PLI
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 —
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Warehousing, residential
storage (mini warehousing)
(38.360.180)*
— — — — — — 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 (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.
Zoning Districts
Uses
Commercial Mixed Use Industrial PLI
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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 —
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 —
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Recreational, cultural and entertainment
Adult business (38.360.050)* — — — — — — — — P P —
Amusement and recreational
facilities — P P — P — P — P C —
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.
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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.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Bronken’s Distributing, Box 188, Bozeman, MT 59771
Applicant: Cloverleaf LLC, Box 161236, Big Sky, MT 59716
Representative: Sanderson Stewart, 106 E Babcock Street, Suite L1, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this 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. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262655&cr=1
289
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
Jeff Mihelich, City Manager
SUBJECT:Resolution 5450 A Resolution Adopting the City of Bozeman's Legislative
Priorities for the 68th Session of the Montana State Legislature
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve Resolution 5450 Adopting the City of Bozeman's
Legislative Priorities for the 68th Session of the Montana State Legislature
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Resolution 5450 is the formal adoption of legislative priorities for the City of
Bozeman. Staff collected input from experts across the City on the various
issues before the Legislature. Staff presented the priorities to the
Commission during the September 13, 2022 Commission meeting. The
Commission provided further direction on priorities which are reflected in
the resolution and supporting document.
UNRESOLVED ISSUES:No unresolved issues
ALTERNATIVES:Alternatives as proposed by the City Commission.
FISCAL EFFECTS:No fiscal effects
Attachments:
_City of Bozeman Legislative Policy 2023 v2.pdf
Resolution 5450 ADOPTING THE CITY OF BOZEMAN'S
LEGISLATIVE PRIORITIES FOR THE 68TH SESSION OF THE
MONTANA STATE LEGISLATURE.docx
Report compiled on: October 20, 2022
290
291
t a b l e o f c o n t e n t s
LE TTER FROM C ITY CO M M IS S I ON ............3
B OZE M AN'S TO P P RIO RI T IES....................4
PR IOR ITI E S T O SUPP OR T, DE FEND &
W AT CH..........................................................9
UN IQUE I SSUES AFF E C T IN G T HE C ITY...15
PA RT NER AG E ND A S...................................18
CONTAC T I NFORMA TIO N..........................19
292
f r o m t h e b o z e m a n
c i t y c o m m i s s i o n
City of Bozeman Residents, Montana State Representatives, Senators, and Governor
Gianforte,
We, the City Commission of the City of Bozeman, adopted the following legislative
agenda which we plan to pursue during the 68th session of the Montana
Legislature. As the local elected representatives of 54,000 Bozeman residents, we
provide a unique perspective on how the City interacts with the State and how to
improve the policies impacting the lives of our residents.
Many of the priorities on our list apply to small and large cities and towns across our
State. We are all experiencing challenges with limited sources of revenue to serve
our community, a lack of housing, the need create a sustainable future, and a desire
to control our own affairs. We will stand arm-in-arm with our fellow Commissioners
and Council Members wherever they are from—the Highline, the other side of the
continental or partisan divide, or in one of our many wonderful valleys across the
State—to advance these priorities and oppose ideas that will harm our vibrant cities
and towns.
Over the last several decades, we have experienced unprecedented growth. The
growth has created many new opportunities. Opportunities for Montanans to come
back home to pursue jobs, raise a family, and enjoy our wonderful way of life.
Opportunities for residents from all over the globe to discover our clear, cold
streams, stunning vistas from our mountaintops, and food and drink from Montana
fields and ranges. Opportunities to build a future that benefits all Montanans.
With those opportunities, we have experienced some negative impacts as well. We
cannot solve these problems on our own. Our agenda reflects how we, as a City,
would like to work with the State to improve the lives of Bozeman residents and
Montanans all over the state. We look forward to working closely with members of
Montana’s citizen legislature to advance meaningful change for years to come.
Sincerely,
Mayor Cyndy Andrus
Deputy Mayor Terry Cunningham
Commissioner Christopher Coburn
Commissioner Jennifer Madgic
Commissioner I-Ho Pomeroy
3 LEGISLATIVE P O L ICY 20 23
293
4 LEGISLATIVE P O L ICY 20 23
B o z e m a n 's t o p p r i o r i t i e s
Workforce Housing
Clean Energy
Make Cents for
Montana
Local Control
294
Sample Legislation:
Property Tax Circuit Breaker
Revolving Loan Fund for Workforce Housing
Expansion of Low Income Housing Tax
Credits
W o r k f o r c e h o u s i n g
5 LEGISLATIVE P O L ICY 20 23
W h e ther w e c a ll it affo r d abl e , a t t ai n a b l e, or w or k forc e housing, i t r e m a ins
c lear , M onta n a a n d B ozeman need m o r e housing. If peo p le do n ot have a
s a f e, affo rdable p lac e to liv e , t h e n t h e y do n ot hav e a plac e i n t h e L a s t B e st
Pl a ce.
T h e r e a r e n o e a sy an s w e r s f or ho w t o so lve t h e p r ob lem. We agree w ith the
n eed to r igh t -si z e r e g u lat io n f or the gro w ing 21st cen t u ry c ommuniti e s in the
s t a t e . Howe v er , we ca n n ot st op there. Lab or, Lan d , a n d L um be r a re t h e t h r e e
“L ’s” dr iv in g our aff or d a bi li t y c r is is i n t h e State. T o assist wi t h t h e c os t of
h ous ing, th e C it y ne e ds re so urc es an d mo re t ool s t o redu c e t h e c os t of
c on s t ruc t ion, to s p e e d u p t h e devel opment rev iew process , a n d t o trac k t h e
lo n g -term agreements that ac co m p a ny many w orkforc e housi ng p ro d ucts .
T h e Co m m iss io n w il l sup p or t s t a f f
p a r t neri n g with o r g ani z a t ions
r a n g in g from t h e Montan a Leag u e of
Ci t ies and T owns to t h e M onta n a
Chamber o f Co m mer ce t o the
Montan a Ho u si n g Co unc il t o
So uthwest Mo ntana Bu il d i n g
I n d ustr y A s s o ci a t ion. C on s t ruc t ing
more a f f ord a b le ho u si n g wil l require
c re ati vi ty from a ll M ont a n a ns.
295
c l e a n e n e r g y
6 LEGISLATIVE P O L ICY 20 23
I n De cember 20 20, the C ity Comm is s ion ado pted a b old pl a n es t a b l ishing
lo n g -term cli m a t e goal s for the C ity of Bo z e m a n . T he g oals w ill c re ate a more
r es il i en t ec onomy , p r o t e ct M o n t a na’s nat u r al res our c e s, and supp ort the
t ec hno logi e s t o m ak e u s m ore e nergy independ en t .
Montan a ha s t a k e n s t r id es to in crease cle an e n e rgy pr odu c ti on i n t h e s t a t e . A
n otab le a dv a n ce w a s t h e c reati on of t h e Co m m er ci a l P r op e r t y A ssess ed C l ea n
E n e r g y (C -P A CE) program. Th e C it y of Boze m a n s upports furth er expansio n of
t h e pr ogram to inc lud e residential p r oper t ies.
W e wi l l loo k t o partn er wi t h ot h e r c it ies i n t e r e sted in su p p o r t in g c lean
ener g y in itiati ves, t h e Montana En vi ro n m e n t al I n formatio n Center, inno v a t ive
gr e en energy a nd t e chnol ogy co m p a ni e s t o gro w t h e ir companie s, and citi e s
ac ro s s t he s tate t o su p p o r t just tra n s it io n initi a ti ves to a ll ow C olstrip w or k e r s
a fai r opportu n ity f or futur e j ob s .
296
M a k e c e n t s f o r M o n t a n a
7 LEGISLATIVE P O L ICY 20 23
Bl a m e Y e llo w s t o n e . B la me A Ri ver R u ns Through It. B lame Lo n e so m e D ove .
Bl a m e the Lewi s a n d Cl a rk E x p e d it io n . No m a tter w h o m o r w h a t w e bl am e , it
is c lear that the Last Bes t Pl a ce h as bee n d is co vered. Ne w r e s id en t s co n t in u e
t o mo ve i n . I n f a ct, fro m Ju ly 2 020 t o Jul y 20 21 , M ont a n a welcome d m ore than
19,0 00 new r e si d e n t s. In 20 21 , t h e B ozeman Inter n a t i onal Airport had 1 .9 4
m il lio n p a ssengers c ome t hro ugh the a ir p or t .
The City Co m m iss io n s tro ngl y supports as k ing those t o u r is t s t o pay for the
s e rv ic e s t h e y consume. Tourists benefi t fr om the same ci t y serv i c e s a s ou r
r e si d e n t s—s af e n eighborhoo d s, cl e an d ri n k ing water, an d a wel l-p lann e d
co m m u n it y. H owev e r, the b urden o f pa yi n g for tho se s e rv ic e s fall s s ol e ly on
r e si d e n t s t hro ugh pro pe rty t a xes.
The City of B o z eman su p p o r t s a llo w ing j u ri s d ic ti ons of a ll s izes to p r o p ose a
b a l lo t m ea s u re a sk i n g vo t e r s t o app r ove a s a les tax t a rgeti n g g oods and
s e rv ic e s c ommonl y consu med by t ou r is t s s u ch as o utdo o r gu idi ng se rv ic e s ,
a lc oh ol co n sumpti o n , h ot el stay s, and restau r a n t m e a ls. Any n e w tax sho u l d
b e u s e d t o reduc e t h e pr opert y tax b u r de n on res idents an d make
investments i n t h e fu t u re of the ci t y suc h a s infras t r uct u r e improv e men t s
a n d w orkforc e housi ng.
Bo z e ma n wi ll p artner wi t h oth er large ci ti es , co u nti e s , a nd a ny one i n t e re sted
in redu c i n g th e property t ax bu r de n on senio r ci t izens , yo u ng f a m il ies , a n d
f irs t -ti m e home b u yer s .
297
L o c a l C o n t r o l
8 LEGISLATIVE P O L ICY 20 23
The Bo z e ma n Ci t y C ommi ssi o n beli e ves the g o vernment c lo se st to th e peopl e
is the go vern m en t which go v er n s b e s t. We are e lec t e d t o go vern the
co m m u n it y w he re w e l ive. Our c ons t itu e n t s a re our nei ghbo rs, fri e n ds, and
f a m il y me m be rs. C ommi ssi o n e r s h a v e a uni que int e r e s t in ensur ing the C ity
of Bo z e m a n co n t in u e s t o thriv e l o n g a fter our terms e nd a nd w e le av e o ur
f a n cy t itl e s b e h in d t o reclai m th e mo s t importan t titl e in America n li fe—
ci t izen.
L a st sessio n , t he L e g islatur e add ed six n e w pol ic ies to t h e l i s t of p o wer s
d e n ied to local g overnments wi t h s e lf-g ove rni ng p owers . Fur t h e r , t he
legi sl a t ure to ok ai m at the abi lity for ci t i es to g o vern themsel ves —as their
ci t izens ha ve e m p owered them to do so —th r ou g h s e veral oth er pieces o f
legi sl a t i on.
We b e lie v e i ssues best dec ided at the loca l level su ch a s lan d u s e c on ce rns
s ho u ld remain t he jur isdict io n of l oc a l go vern ment s . The n e e d s of
co m m u n it ies l ike Bo z e m a n a r e distinc t from t h o s e in M is s o u la, Chester,
Bi ll in g s , L e w ist own, o r G la s g ow. Ea ch ci t y and tow n ou g h t t o be e m p owered
t o make d e ci si ons i n t he co n t e x t of t h e ir l oc a l c ommunity . We s tand uni te d
w ith o ur partner s in ci ti e s an d t owns ac r os s t h e State to oppose e ro si on o f
local co ntro l .
The City of B o z eman wi ll s upport l eg islati on requ iring a t w o-t hi r d s m a jori t y
t o add add iti o n a l prov isio n s t o the po w e r s d e n i ed to local g overnment.
298
9 LEGISLATIVE P O L ICY 20 23
Allow for c i ty staff t o adminis trative l y
r eview and app r ove final plats rat h e r
than requirin g t he City Comm i s sion to
do so . Re q u ir ing f i nal p l a ts to r e c eive
City Comm i s sion approv a l delay s
p r oject s ad d i ng co st s a nd frus tratio n t o
devel opers. The C i ty will suppo r t
leg i sl a t i on to allo w st a ff to
a dm i nistra t i vely a p p r ov e final pla t s .
P a r tners: S outhwest M ontana B uild i ng
In du st r y A sso c i a ti on
Ad mi n is tr ati ve F inal Plat
b o z e m a n p r i o r i t i e s : S u p p o r t
Easements to th e City are required t o g o
to the C it y Com mission o n th e consent
agenda. I f f i n a l plats are all owed to be
adminis trative l y rev ie w e d, then t he City
M a n a ge r ought to be a l lowed t o
adminis trative l y accept e a se me nt s. T h e
Cit y of B oz e ma n will suppo r t legis l ation
to allo w t h e City Manager to acc ept
easements adminis trativ e l y to s h orten
the d e velo pm e n t process.
Partner s: So uthwe st Mo nt a n a Building
Industry Ass ociatio n , Mon tana
A sso c i a tion o f Planners
Acceptance of Easements
Bozeman c ur r e n t ly allows multip l e u nit s
on a lot a s l ong as the lo t m e ets our
d e velo p m e n t s tan dards. The Cit y of
Bozeman w ould support a l lowing u p to
five d we l li n g units on a l ot by r i ght
t h r oughou t the stat e . Six or mo r e
d we l li n gs wo uld b e s ubje c t to a n
a d ministrativ e revie w e s t a blis h ed by
e a c h l ocal gov e rn me nt .
Pa r t n e r s : Mon tana Le a gue of C i ties an d
Tow n s Land Us e Plannin g Gro up
Allowable Units by Right
As Mo n tan a becomes an att r a c tive
v a c a tion loc ation, w e are not i c ing an
uptick in the number o f properties t ha t
re main v a c a nt fo r m uch o f the year.
Propertie s t h a t rem ai n vacant f or mu c h
of t h e year l e a d to a n i ne ff i c i e n t u se of
ou r pu b l i c i nfrastruc tu r e and reduce
neighbo r hood vibranc y. Further, i t only
e xacerba t es our work fo r ce h ous i ng
crunch. The Cit y of Boz e ma n wou l d
suppo r t legi s l a tion to ass es s a n
a d d i tional t a x o n unde r util i zed
re sid e n t i a l prop e r ties. The f u nds
generat e d from the tax would suppo r t
workforce housing .
Pa r t n e r s : Mon tana Ho using Co a l i tion
Surtax on Vacant Properties
The f ol lowi n g p r iori ti e s ar e i ssues whi ch the C ity of Bo z e m a n wil l act iv e ly
s upport. Support i n cl udes, but i s n o t li mited to , d r af ti n g legi s lat io n,
or g a n izing co al iti o n s , te sti f yi ng, rel e a s in g edito ri a ls o r oth e r s s t atem e nts to
t he med ia, and c ol la b or a t ing wi t h p a rtners to e n s ure the p ri oriti e s b e co m e
p o li cy .
299
T o f a c i l i t ate the d evelopm en t of new
h ous i ng su pply, t h e City of Bo zeman
supports the creat i on of m ode l c ovenant
l an guage state wid e w h i ch wou l d allow
HOAs to ad opt t he l a n guage quic k ly.
Any mo d el cov e n a n t language should
i nclude p r ovisio ns t o repea l p ortion s of
th e cov en a n ts that are in co n flict with
st a te o r c i t y po l i c y.
P a r tn ers: M ontana A ssoc i a tion o f
P l an n e r s , Mon tana Le a gue o f C i t i es an d
T owns
Statewide Model Covenants
In Bo zeman, sev eral key travel r ou tes are
on M ontana Dep a r tm e n t of
T r a n sportatio n maint a i ne d r oads. The City
w ould su p p ort l e gislat i on to a l low for
municipal co nt r ol o f sig n a l i n g syste ms o n
MDT maintained high w a ys in City Limits.
P a r tners: M ontana Infras tru c tu r e
Coa l i t i on
Municipal Control of Signaling Systems
St r e am l i ne the dev e lopment app l i c a t i on
pro ce ss if the pro j ec t do e s not require
ch an ge s t o the zoning in the ado p ted
g r owth plan. The City of Bozeman
s u p p orts chang i ng state l aw to a l l ow an
ado p ted growth pl a n t o gov ern lan d u se
decisions in the C i t y.
Partners: Monta na As s ociatio n of
Planners, M ontana R E ALTORS , M ontana
Le a gue o f C i ties an d T owns
Growth Policy Statute Revisions
W h en i t is c h e aper to s en d yo ur college-
aged child t o M ontana S t a te University
for a y ear than it is to place y our c h i l d in
quality daycare, s omething i s no t rig h t .
The C i t y o f B oz em a n wil l support
le gislatio n to impro ve access to q ua l i t y
childcare for a l l Mo n tan an s .
Part ne r : Childcare C onnectio n s
Affordable, Quality Childcare
10 LEGISLATIVE P O L ICY 20 23
R e s t ri c tive co venants regarding future
land us e are o ft e n p l a c ed on la nd whe n
a dev elopment is firs t created . T h e City
o f B oz e m a n will d r a ft l e gislat i on to
su n se t r es trictive covenants no t alig ne d
with Cit y or State p ubl ic policy unless
the co venants receiv e an affirm a tive
vote o f the majority of own ers party t o
the co venant.
Partners: Mont a na Leagu e of Citie s a nd
Towns
Zombie Covenants
b o z e m a n p r i o r i t i e s : s u p p o r t
300
In m a n y s tates, munic i pal libraries
receive a subsidy of $2 to $3 per capita
to suppo r t pro grams. In M ontana,
libraries o nly receive $0.40 p er capita.
T h e City of Bo zeman su p p orts increasing
s tate aid t o librarie s t o $0 .50 per capit a .
Partners: M ontana Li brary A s soci ation
State Aid to Libraries
11 LEGISLATIVE P O L ICY 20 23
T h e Big Sky T r ust Fund is a key sou r c e of
econo mic de velo p me nt d ollars t o
s upport jo b c r eatio n in ou r st a te
es pecially jobs in the m an ufacturin g
s e c tor. T h e City of Bo zeman will su p p ort
the B i g S k y Tru s t F und including effort s
to e xpand t he tru s t fund to s upport
STEM jobs .
P artners: M ontana Econom i c D evelopers
Associat ion
Big Sky Trust Fund
b o z e m a n p r i o r i t i e s : s u p p o r t
M ontana is home to a burg e oning film
indu s t r y. Under t h e c u r r e n t s ystem, large
pro d uct ions s uch as Y ellowston e u s e u p
m ost the film tax c redit. The City of
Boz e man wou l d s upport an expans i on o f
the film tax c r e d i t to a llow smaller, l ocal
pro d uct ion c ompanies to b en ef it fro m
the cred i t .
Partners: Mont a na Fil m O ff i c e
Film Tax Credit
The l a nd cost in Boze man has risen
ra p i d l y o ver the la st se veral y e ars . To
re flect t h i s change, t h e City of Bo zeman
will suppo r t ef fo r ts to increa se t h e value
of l a n d i n t h e c as h -in-lieu o f parkl a nd
cal culat ion to r e fle ct this i ncre a sing cost
of l a n d .
Pa r t n e r s : Parks Directors of the B i g S e ven
Cash-in-Lieu of Parkland Increase
I n 2 021, the City of Bozeman
con s olidate d b oards throu gho ut the
C i ty. The P l a n ning and Zoning Bo a r d
fu n c t i ons are bo th u n d e r the juris d i c tion
of t h e Co mmun i ty De velo p me nt Bo a r d ,
b ut must f ollo w s om e arcane pro c e s se s
t o indicate t h e different fu n ct i ons . The
C i ty o f B ozem a n w i l l s upp ort legislatio n
t o allow c i ties to fo r mal l y combine
Pl a nning an d Z oning Bo a r d functions
a cros s th e s tate t o short e n the
d e velo p m e n t review process .
Pa r t n e r s : So u t h w e s t Mon tana Building
I n d ustry Associat i on
Planning and Zoning Board Consolidation
301
The Ci ty of Bozeman w i l l s up p ort
l e gislat i on to a l low citie s t o have
non -sworn s p ec i al s ervices o ff i c e r s
p r ovide se c urity in municipal co urt
r ooms rather t h a n sworn law
e n fo r ce me nt of ficers.
P a r t n ers : Montana Chiefs of Police
Municipal Court Security
Many start -up co m p a n ie s r e ly o n
inv es tm e n t s fro m v en tu r e capital firm s
a nd others to laun c h t h eir once-in-a-
generat i on idea. T he City of Bozeman
wil l support po l i c i e s t h a t attra ct n e w
cap i t a l from a n gel i nv es tors to the
st a te to s upport these onc e-in -a -
generat i on ideas.
P a r t n ers : Th e Gov e r n or’s O ff i c e
Angel Investing
12 LEGISLATIVE P O L ICY 20 23
b o z e m a n p r i o r i t i e s : s u p p o r t
Residents o ut sid e City l i mit s are
of t en s erved by a vo l u nt e er f i r e
st a ti on. Oft e n , when a f ir e c a l l is
r e c ei ved, th e City of Bo ze man f i r e
d e partment is the firs t on the sce ne
b e c a use of mutual aid agree ments.
The Ci ty of Bozeman w i l l s up p ort
l e gislat i on to c r e ate regio nal fire
a ut horities to pool resources and
p r ovide a h i gher l e vel o f serv i ce
t h r oug hou t our regio n.
P a r t n ers : Montana L e a gue of Fire
Ch i efs
Regional Fire Authority
T w en ty-f i r s t c en tu r y job s re q uire tw enty-
first ce nt ury i n frastructure. The C i ty o f
Boze man will suppo r t programs to
ex p a n d ac c es s t o hig h -spe ed f ib e r opt ic
broad b a n d c onn ectio ns throu gho ut th e
Sta t e.
Partners: Montana Eco nom i c D evelopers
Associat i on
High-Speed Broadband Expansion
F or the l a st ten yea r s, Ga l l a tin Co l l eg e
h a s suppo r ted jo b growth in our
c om m unity th roug h th e creation of
a c a d em i c p r ogram s wit h r e al world
a p plicability. T h e Co l l eg e h a s outg r own
th eir cu r r en t f a cil it i es a n d h a s b eg un to
r en t s pace f r om private b usinesses
th r oug h out Gallatin Valle y to s upport
th eir ris i n g enrollm en t and new
p r ogram s . T h e City of Bo zeman will
support requests by Ga l l a tin Co l l eg e for
fundin g t o co nstruct a new facility .
P a r tn ers: Gallatin C ollege, Southwest
Mo n t a n a Manufa ct uring Partnership
Gallatin College Funding
302
L a st s e s sion , the S tate Leg i s l a tu r e
passed seve r a l pieces of legis latio n
ho st il e to t h e LGB TQ+ co mmun i ty,
wo men’s re p r oductive h e a lth, and C i t y-
led D EI i n i t i a tives. The City of Bozeman
will stro n gly oppo s e an y legis latio n t h a t
seeks to cu r t ail to r i ghts o f ou r fell ow
M ontanans ens h r i ne d i n Article I I
S e c t i on IV of t h e Stat e Co nstit ut i on and
dimin i s h ou r ability t o be a w e l c omin g
Cit y to a l l.
Partners: Mo nt a n a Hu man Right s
Ne t w ork, Mont a na Racial Equity Project
Inclusive City Values
For severa l se ssio n s, the L e gislat ure ha s
t a ken aim a t Tax I n c r e me n t F i n a ncing
(T IF) stat ut es . Le gislators h a ve
a t tempted t o reduce t he i n cre me nt
a vailable for p r ojects and to lim i t the
a b i l i ty to create ne w d i st r i c t s . T IF is one
of t h e only ec ono mic dev elo p ment t oo l s
a vailable t o cities and co untie s t o
e n cou r a ge r edeve l opment in bligh ted
a r e as . The City of Boze man will stron gly
oppo se a n y legi s l a tion t hat w ould
r e du ce the City’s ability to le verage TIF
d ollars.
P a r t n ers : Montana L e a gue of C i ties and
Town s, Mo n tan a Associat i on of Cou nt i e s
Tax Increment Financing
The C i ty o f Bozem an w i l l def en d the
a b i l i t y f or cities t o m ake mu nicipal r ule s
re l ated t o our fire cod e . This p olicy wil l
a l so fa l l u nde r our to p priority of
d e fending local control .
Pa r t n e r s : Mon tana Le a gue of C i ties an d
Tow n s
Municipal Fire Code
I n p a s t Legislative s e s sio n s, the S t a te has
a t tempted t o reduce the fun din g
p r ovide d to citie s t o su pport p ubl i c
d e fende r of fices. The C i ty will o ppose
a ny attempt t o reduce t he st a te’s share
of fun d i n g public defenders—a
con s t i tu tional right establ i shed i n
Gide on v. Wainw ri ght .
Pa r t n e r s : Mon tana Le a gue of C i ties an d
Tow n s
Public Defender Funding
13 LEGISLATIVE P O L ICY 20 23
C i t y o f B o z e m a n p r i o r i t i e s : D e f e n d
The f ol lowi n g p oli c y areas h a ve co m e u n d e r a t t ack i n t h e pa s t a t th e
legi sl a t ure. C ity of Boz e m a n s taf f a n d our l ob b yi sts wi ll work to d efeat any
legi sl a t i on that di m in ishes our abi lity t o achiev e the l on g -term g oa ls f o r t h e
City of B o z eman .
303
B i l l s R e l a t e d t o W a t e r R i g h t s , Q u a l i t y, a n d
M a n age m e n t
P rop o s e d C h a n g e t o t h e M o n t an a F l o o d P l a i n
M a n a g e m e n t Ac t
R ed u c t i o n i n M u n i c i p a l A u t h o r i t y o v e r B u i l d i n g C o d e s
A l l o w i n g L i b r a r y B o a r d to d e t e r m in e M a t e r i a l s
P u r c h a s e d f o r a L i b r a r y
S u n se t s f o r S p ec ia l D i st r i c t s t o f u n d C i ty s e r v i c es
14 LEGISLATIVE P O L ICY 20 23
C i t y o f B o z e m a n p r i o r i t i e s : w a t c h
The f ol lowi n g li s t inc lu d e s p r iori ti e s t h a t t h e Ci t y o f B ozeman w ill moni t or
a t t h e 68 th L e g is lativ e Sessio n . At this ti m e , we do n ot anticipate the S t a t e
L e g is latu r e wi ll t ak e a cti on o n t he se t op ic s . How e ver , we are prepared to
a ct i n th e best i nterest o f th e C it y o n th e s e topi cs.
304
15 LEGISLATIVE P O L ICY 20 23
u n i q u e i s s u e s a f f e c t i n g t h e c i t y
p a i d s i c k l e a v e f o r c i t y e m p l o y e e s
State statu t e pr ohibi t s p ubl ic emplo yees f ro m ta king any s ic k l e av e dur ing
their f irs t n inety d a ys of emp lo yment. Giv e n t h e rec e n t CO V I D-19 pandemi c
and o ur l a b or sh ort a g e , t h e Ci t y sup p ort s g r e a t e r flex ibil ity t o al low
empl oyee s t o us e sick l e a ve as acc rued f r o m day one o f empl o yment.
P artners : Pub li c Empl oye e Un io ns, Mo ntana League o f C it ies and Tow ns
R e m o v e N e w s p a p e r N o t i c i n g R e q u i r e m e n t s
Shrinki n g n e ws p a per subsc ri p t ions and the v a r i et y o f o t he r ou t lets i n
whi ch to p r o vi d e t h e pu b lic wi t h p r op e r n oti ci ng cal ls fo r g r e a ter
fl e xibi li ty fo r ci t ies and towns to p r ovi d e th e requ ired pub li c no t ic e . I n t h e
pas t , n o t ic ing i s sues between t he City an d th e pap er ha ve d e la yed
hear ings and o ther act io ns by the C ity e ven when resi d e nts w e re g iv e n
app r op r iat e noti ce b y o t he r m e a n s. The C ity of Bo z e m a n wil l supp ort
add ing additi on a l o p t ions bey on d news p a p e rs f or c iti e s t o sat isfy t h e
pu b li c no t ic in g req u irements to co m pl y w ith Arti cl e I I, S e cti on s VI I I a nd IX
of t h e Montan a State C on s t it u t ion.
Partner s : M on t a n a L e a g u e of Citi e s a n d T o wn s , M on t a n a As s oc ia t io n of
Ci t y C lerks
Legi sl a t ion passed i n 201 9 p r oh ibi te d f irefi g h ters f ro m us ing to bacc o . W it h
mari ju a n a legal iza t ion, state stat u t e is unc lear whether the ban al s o app li e s
to m a r ijuana use. T h e Ci t y o f B ozeman w ill s u p p o r t legi sl a t ion that clari f ies
this is s ue.
P a rtners : M onta n a L e a g u e of Fi re Chief s
t o b a c c o a n d m a r i j u a n a u s e f o r f i r e f i g h t e r s
305
16 LEGISLATIVE P O L ICY 20 23
u n i q u e i s s u e s a f f e c t i n g t h e c i t y
I n t i m i d a t i o n o f P u b l i c S e r v a n t s
The curr e n t p ol i t ic a l cli m a t e ha s inc r e a s e d t h reats to p u bl ic empl oyees
a cross the state. T h e Ci t y o f B ozeman strongl y sup p or t s expan d ing the l eg a l
d e f initi on o f inti m id a t ion t o i nclude stalk i n g a pub li c serv a nt,
co m m u n i c ati n g a th r e a t t o a p ubl ic s e r van t , or pub li shi n g t h e p u b lic servant
or th eir f a m ily ’s p e r so n al i nf o r m a t ion.
Pa r t n e rs: Mo ntana A sso ci ati on o f Chi e f s of Pol ic e
L a s t s e ssi o n , a bil l to r e vi se t h e d a t e s for spec ial e lect io ns to be o n t h e s a m e
d a y as general e lect io n d a y (H B 31 9 ) pas s e d t h e Ho u se 89-11 on thi r d r e a di n g .
T h e legi s l a t ion di ed i n t he Sena t e . T h e Ci t y wo ul d li k e to r e viv e this bi ll a s it
is bo th a s ignifi cant cost sav i n g s in e l ec ti on admi n i s t rati on and makes i t
ea s ier fo r c i t izens to p a rti ci p a te in thei r g ove rnment through el e c ti ons .
Part n e r s: Mo n t ana Muni ci pal Cl e r k s , Treasu r e r s, and F inan ce Of f ic e r s
Ass oc iatio n
S p e c i a l E l e c t i o n D a t e C h a n g e
R e m o t e P a r t i c i p a t i o n i n C i t y P r o c e s s e s
During the CO V ID-19 pandemi c, remo te p a rti ci p a ti on i n p u bl ic meeti n g s a nd
p ro ce sses suc h a s b id o peni n g s b e came co m m onp lac e . T h e Ci t y o f B ozeman
w il l sup p or t le g i s lat io n t o clarif y what process e s c an b e c o n d ucted remo tel y
a n d h a v e remo t e p a r ti ci p a nts.
Par t n e r s: Mo n tana Municipal Cl e r k s, Treas u r e rs, and F in a n ci a l Offi cers
As s oc iat io n
306
A u t h o r i z a t i o n f o r t h e D e s t r u c t i o n o f R e c o r d s
Ci t y cle rks m ust submit a r e co r ds de stru c ti on requ es t t o the M o n t a na
H i s t or ic a l S o c i et y and S e cretary of S t ate’s Offi ce. Onc e a p p ro ved, the l oc a l
el e cted bo d y must furt h e r a u t ho r ize the re cords destr u cti o n . I n or d e r t o
st r e a m li ne t h e p r oc e ss a nd rem o ve unnec es s a ry an d c os t ly s te ps, the C ity of
B ozeman supp orts el i minating t he n e e d for loc a l e lec t e d offi ci a ls to a p pro ve
a rec ords des t r uct io n r e q uest.
Partner s : M on t a n a M u ni ci p a l C lerks , T re asur er s , a nd Financ e O f ficers
Associati on
D i g i t a l N o t a r i z a t i o n
T h e Secr et a r y o f State’s off i c e a ll ows fo r p ri vate no t ari e s t o no tari z e
docu m en t s d igital ly. The C ity of Bo z e m a n s u ppo r ts streaml i n ing the rul e s t o
all ow f or an ex p ansi o n of d igital d oc u m e n t n ot a r izat io n t o the publi c s e ctor
esp ec ia ll y when o n e c ons iders th e high vol u m e of d oc um e n ts requi red t o be
notarize d b y l oc a l go v er n m e n t s.
Partner s : M on t a n a M u ni ci p a l C lerks , T re asur er s , a nd Financ ial Of f ic e r s
17 LEGISLATIVE P O L ICY 20 23
u n i q u e i s s u e s a f f e c t i n g t h e c i t y
307
18 LEGISLATIVE P O L ICY 20 23
P A R T N E R A G E N D A S
T h e Ci t y o f B ozeman ackn owl e d g e s m a jo r p oli cy
c h ange often requ ires i n vol vement f ro m pa r t ne rs
an d organizati o n s with v a r ying perspec t ives.
O f t e n , ci t y staff w e r e inv olv e d in cra fting the
legi s lat iv e a g en d a s f or som e of t h e fol low in g
organizati o n s . Fu r t he r, partn e r organizati on s
b r ing di f f er e n t s e t s of ski ll s, e x p e r t i s e , a n d
p er s p e ctiv es to pro b l ems affecting o u r s t ate. The
Ci t y o f B ozeman has ch osen to e n d o r s e t h e
legi s lat iv e a g en d a s of the f ol l owi n g
organizati o n s .
The M o n t a n a Leag u e o f Ci t ies and T owns
The M onta n a A s so ci a t io n o f C ou n t ies
Th e M onta n a As s o c i a t io n o f Pl anner s
The M onta n a Ec ono m ic D evel o p er s A s so ci ati on
The M ont a n a Ho u s ing C oali t io n
The M o nt a n a I n f ras t r uc t ur e C o a li t i on
308
l e g i s l a t i v e c o r e t e a m
T H E P E O P L E T O K N O W
Mayor Cyndy Andrus
candrus@bozeman.net
Deputy Mayor Terry Cunningham
tcunningham@bozeman.net
Commissioner Christopher Coburn
ccoburn@bozeman.net
Commissioner Jennifer Madgic
jmadgic@bozeman.net
Commissioner I-Ho Pomeroy
ipomeroy@bozeman.net
Jeff Mihelich, City Manager
406-582-2306, jmihelich@bozeman.net
Chuck Winn, Assistant City Manager
406-582-2327, cwinn@bozeman.net
Greg Sullivan, City Attorney
406-582-2309, gsullivan@bozeman.net
Brit Fontenot, Economic Development Director
406-582-2258, bfontenot@bozeman.net
Takami Clark, Communications & Engagement Manager
406-582-2322, tclark@bozeman.net
Anna Saverud, Assistant City Attorney
406-582-2309, asaverud@bozeman.net
Mike Veselik, Economic Development Manager
406-582-2919, mveselik@bozeman.net
309
310
Version April 2020
RESOLUTION 5450 A RESOLUTION ADOPTING THE CITY OF BOZEMAN'S
LEGISLATIVE PRIORITIES FOR THE 68TH SESSION OF THE MONTANA STATE
LEGISLATURE
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING THE CITY OF BOZEMAN'S LEGISLATIVE PRIORITIES
FOR THE 68TH SESSION OF THE MONTANA STATE LEGISLATURE
WHEREAS,the Montana Legislature will convene in January 2023 for the 68
th session of
the Montana Legislature; and
WHEREAS,the City of Bozeman is a self-governing charter municipality in the State of
Montana; and
WHEREAS,City of Bozeman Staff with input from stakeholders, experts, and statewide
professional organizations have identified policies the State Legislature could adopt to address
challenges facing the City and improve the lives of Bozeman residents; and
WHEREAS,the City of Bozeman plans to undertake a robust lobbying effort including
hiring a contract lobbyist and working with the Montana League of Cities and Towns during the
Legislative session to advance the City’s interests; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the attached document explaining the City of Bozeman’s Legislative
Priorities be adopted in preparation for the 68
th session of the Montana Legislature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 1st day of November, 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
311
Version April 2020
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
312
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Appointments to the Downtown Urban Renewal District Board
MEETING DATE:November 1, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint two members to non-voting roles expiring June 30, 2026
and one member to a voting role expiring June 30, 2026.
I move to switch the role of a current voting member to a non-voting
member to allow a non-voting member to assume a voting position for the
purpose of eligibility for a Chair or Vice-chair position.
I move to appoint one voting member to serve as the Chair and one voting
member to serve as the Vice-chair.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Downtown Bozeman Improvement District Board (DURB) was created
under the Urban Renewal Plan, which was adopted by the Commission
under Ordinance 1409 on November 20, 1995. The Board consists of five
voting members who shall have a demonstrated interest in downtown
Bozeman, and two non-voting members. The Mayor shall appoint the
members, with the advice and consent of the City Commission. In
accordance with Section 7-15-4234, M.C.A., members shall serve staggered
four-year terms. The voting members shall be residents of the city, and a
majority of the voting members shall not hold any other public office under
the municipality. Non-voting members must possess a demonstrated
interest in downtown Bozeman and may represent a specified list of
organizations which include, but are not limited to, the Parking Commission,
Chamber of Commerce, MSU/Museum of the Rockies, Gallatin Development
Corporation, Bozeman School District, City of Bozeman, Gallatin County and
the Downtown Bozeman Association. Non-voting members need not be city
residents.
This board currently has two non-voting position vacancies with a term
313
ending June 30, 2026, and one voting position with a term ending June 30,
2026. The City Clerk’s Office has received three applications, with their
relevant qualifications indicated below.
1. Two non-voting positions, expiring June 30, 2026 | Qualifies: N. Wickes, C.
Lawrence, J. Van Dusen
2. One voting position, expiring June 30, 2026 | Qualifies: N. Wickes, C.
Lawrence, J. Van Dusen
Applicants:
Nicholas Wickes
Cory Lawrence
Jake Van Dusen
Jennifer Madgic is the City Commission liaison for this board.
Urban Renewal Board appointments are Mayoral appointments.
Per Resolution 5323, the City Commission shall appoint the Board Officers.
The Chair and Vice-chair of this board need to be designated at this time as
well.
At the October 18 DURB meeting, Executive Director (ED) Ellie Staley
provided an overview that the Downtown URD board appointments are on
the November 1st City Commission Meeting, including the three
appointments and the expiring terms and Chair/Vice-Chair appointments.
The Downtown URD Board recommends the following board appointments
and officer designations. Appoint the three current applicants to the three
vacancies: Nicholas Wickes, Cory Lawrence, George (Jake) Van Dusen.
Nicholas Wickes becomes a voting board member and vice-chair, Cory
Lawrence becomes chair, Marley McKenna moves into a non-voting position.
These recommendations have been discussed with Commission Liaison
Madgic.
UNRESOLVED ISSUES:Vice-Chair candidate must be a voting member of the board.
Voting members must reside within the municipality per MCA 7-15-4234.
The City Commission must approve the change of positions for voting and
non-voting members.
ALTERNATIVES:As per the City Commission
FISCAL EFFECTS:None
Attachments:
06-15-22 - CAB Applications - CAB Application George (Jake)
Van Dusen.pdf
314
06-14-22 - CAB Applications - CAB Application Cory
Lawrence.pdf
05-26-22 - CAB Applications - CAB Application Nicholas
Wickes.pdf
Report compiled on: October 21, 2022
315
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Wednesday, June 15, 2022 10:57:16 AM
Citizen Advisory Board Application
Submission #:1741980
IP Address:69.51.116.170
Submission Date:06/15/2022 10:57
Survey Time:8 minutes, 53 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
George (Jake) Van Dusen
Physical Address
800 South 3rd
Bozeman, MT 59715
Primary Phone
4065705338
Additional Phone
Current Occupation
BIM Manager (Construction Manager)
Employer
Dick Anderson Construction
Email
gjakevandusen@gmail.com
Which position are you applying for?
Downtown Urban Renewal Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
Have you ever served on a City or County Board or Commission?
No
316
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
Professionally I work for a local GC and am emersed in the business development of our urban core. As an active
member of the industry, I have a close pulse on the changes occurring to our urban core. I have experienced both
developmental successes and failures that have occurred to our downtown Personally, I play a role in helping run
my wife’s business – Treeline Coffee. The energy created by employees and customers alike, has driven my desire to
make a positive different to urban Bozeman.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
As a white male I am acutely aware of my social obligation to help support those in marginalized groups. I have
supported my wife’s woman owned business and the many specific women support programs they support. In
2020, my wife and I traveled to Colombia and spent time on coffee farms interacting with and making relationships
with the native farmers. DEI is not just about financially supporting a given group or idea, it is about integrating folks
into community and including them in society.
References
Read-Only Content
Reference #1 Full Name
Tony Renslow
Phone
4065813455
Email
tony@therenslowgroup.com
Section Break
Reference #2 Full Name
Ben Christensen
Phone
4065515213
Email
ben.christensen@simmsfishing.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
Through both existing members and members on other broads. I've been seeking out ways to be more involved in
our community and was steered towards these boards...this one in particular.
Is there any other information that you feel we need to know?
Bozeman’s growth is one that has to be managed, and so far, that management has been done well. We are a
quickly changing community with many pressures from different interests. Unchecked or misguided development
will erode the community and vibrancy we have in our urban core. I feel that, as a young person working in the
industry and with many personal vested interest in our urban core, I can help the healthy growth of our community
while also maintaining downtown’s positive social energy.
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317
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
318
From:Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Tuesday, June 14, 2022 9:42:45 AM
Citizen Advisory Board Application
Submission #:1738670
IP Address:72.175.254.122
Submission Date:06/14/2022 9:42
Survey Time:45 minutes, 17 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Cory Lawrence
Physical Address
7 East Beall Street
Suite 200
Bozeman, MT 59715
Primary Phone
4064148930
Additional Phone
Current Occupation
Owner, Adventure Travel Company; Developer, Armory Hotel
Employer
Off the Beaten Path LLC
Email
coryl@offthebeatenpath.com
Which position are you applying for?
Downtown Urban Renewal Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
Have you ever served on a City or County Board or Commission?
319
Yes
Where, how long, and what Board?
Downtown URD, 3 years
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I am a trained tax and financial consultant who has been a business owner and manager for 30 years. Over the past
20 years, I have been the owner/manager of Off the Beaten Path, an adventure travel company founded in
Bozeman in 1986 by long-time Bozeman residents, Bill and Pam Bryan. Since returning to Bozeman 20 years ago (I
lived in Bozeman in my childhood), I have been active in downtown, both from a business owner and employer
perspective but also, as an engaged member of our community.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I have participated in company initiatives related to DEI (training seminars).
References
Read-Only Content
Reference #1 Full Name
Ileana Indreland
Phone
4065801973
Email
ileana@delaneynco.com
Section Break
Reference #2 Full Name
Babs Noelle
Phone
4065228844
Email
babs@alarajewelry.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
I am a sitting member of the Downtown URD
Is there any other information that you feel we need to know?
I have been an active member of the Downtown URD and would very much like to continue the work of this board. I
have thoroughly enjoyed this board, the people that comprise it, and especially, the constituents it serves. As an
active member of the downtown community, I am always seeking ways to engage and serve. The Downtown URD is
an important board and during my term on the board, I have been active in my engagement. I would be honored
with another term to continue the good work of this board.
Read-Only Content
Thank you,
City Of Bozeman
320
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321
From:Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Thursday, May 26, 2022 12:14:26 PM
Citizen Advisory Board Application
Submission #:1690522
IP Address:174.45.121.114
Submission Date:05/26/2022 12:14
Survey Time:35 minutes, 36 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Nicholas Wickes
Physical Address
4892 Alpha Drive
Bozeman, MT 59718
Primary Phone
4153788529
Additional Phone
Current Occupation
CEO
Employer
Check This Out LLC
Email
nicholas@checkthisout.io
Which position are you applying for?
Downtown Urban Renewal Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
No
How long have you lived in the Bozeman Area?
11 years or more
Have you ever served on a City or County Board or Commission?
Yes
322
Where, how long, and what Board?
Bozeman DURD since May 2000
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
Current experience -Board member, Bozeman Downtown Urban Renewal District- Non-voting -Board member
(former President), Bozeman Public Library Foundation -Board President, Feast Raw Bar & Bistro -Board member,
Cedar Mountain Software (Missoula, MT) Past experience -Board Treasurer, Gallatin Art Crossing -Board President,
Good For Kids Foundation (San Francisco, CA) -Board member, Cardsetter (Billings, MT) -Board member, Tennis for
Kids (San Francisco, CA) -Board member, Market Day Foods
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I believe that everyone should have the opportunity to fulfill their greatest potential and that the vitality of a
community is dependent upon a diverse array of voices, experiences, and backgrounds. One example of my
commitment to diversity, equity, and inclusion over the years has been the vital participation of women as owners
and executives in my business interests.
References
Read-Only Content
Reference #1 Full Name
Susan Gregory
Phone
4065822401
Email
sgregory@bozeman.net
Section Break
Reference #2 Full Name
Jeff Batton
Phone
4065798284
Email
jeff@homestakeventurepartners.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
From the Downtown Bozeman Partnership
Is there any other information that you feel we need to know?
Dear Bozeman City Commissioners, My name is Nicholas Wickes. It would be a tremendous privilege to continue
serving on the Bozeman Downtown Urban Renewal District board and help attract investment, stabilize and
strengthen our community's tax base, and support the vitality and diversity of the Gallatin Valley as it's social and
cultural center. I hope to have the opportunity to continue serving my community and neighbors in the Bozeman
downtown corridor. Thank you, Nicholas
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323
Thank you,
City Of Bozeman
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324