HomeMy WebLinkAbout12-06-22 City Commission Special Meeting Agenda and Packet Materials
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7
These documents are hereby approved and adopted, effective immediately pursuant to 10-3-
401, MCA. All previous editions are superseded by these editions.
Revision Date Title
November, 2022 Basic Plan
November, 2022 Annex A: Warning
November, 2022 Annex B: Communications
November, 2022 Annex C: Shelter & Mass Care
November, 2022 Annex D: Radiological
November, 2022 Annex E: Evacuation
November, 2022 Annex F: Firefighting
November, 2022 Annex G: Law Enforcement
November, 2022 Annex H: Health & Medical Services
November, 2022 Annex I: Public Information
November, 2022 Annex J: Recovery
November, 2022 Annex K: Community Infrastructure
November, 2022 Annex M: Donations & Resource Management
November, 2022 Annex N: Coordination
November, 2022 Annex O: Human Services
November, 2022 Annex P: Hazard Mitigation
November, 2022 Annex Q: Hazardous Materials
November, 2022 Annex R: Search and Rescue
November, 2022 Annex S: Transportation
November, 2022 Annex U: Legal
November, 2022 Annex V: Terrorism
As the Principal Executive Officer for the City of Bozeman, I accept and approve for distribution
pursuant to my responsibilities in 10-3-401(a), MCA.
____________________________________ ______________________
Cyndy Andrus, Mayor Date
City of Bozeman
8
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Attachment $
52
City of Bozeman: GIS & Asset Management On-Call Services | aximgeo.com | 1
October 11, 2022
Zac Collins
Asset Systems Program Manager
City of Bozeman
20 E. Olive St
PO Box 1230
Bozeman, Montana 59771-1230
Dear Zac,
In response to the City of Bozeman GIS & Asset Management On-call Services follow up for proposal, Axim
Geospatial offers the following:
Please provide a full cost structure for the proposing firm to provide contracting services covered under
the scope of the services, including labor rates for all staff.
All rates listed above inclusive of salary/wages, taxes, benefits, and consumables.
Labor Category Hourly Rate
Staff Geospatial Developer $223.46
Senior Geospatial Developer $268.15
Staff Geospatial Project Manager $207.81
Senior Geospatial Project Manager $256.97
Staff Project Coordinator $124.63
Senior Project Coordinator $145.52
Staff Solutions Architect $241.48
Senior Solutions Architect $298.53
Staff Solutions Engineer $223.46
Senior Solutions Engineer $268.15
Staff Application Architect $268.15
Senior Application Architect $298.53
Staff Geospatial Analyst $150.19
Senior Geospatial Analyst $179.53
Senior Subject Matter Expert $305.91
53
City of Bozeman: GIS & Asset Management On-Call Services | aximgeo.com | 2
In your proposal please include a full scope of services you are able to provide followed by your proposed
cost structure.
Axim Geospatial can provide end-to-end geospatial services and solutions, including but not limited to,
big data services, geomatics, business solutions, asset management, cloud services, infrastructure
security, analytics and professional services. Axim Geospatial has the ability to perform the following
scopes of work:
Cityworks Support, GIS Database Management Support, GIS System Hardware Architecture
Support, GIS Implementation, Visualization, ArcGIS Utility Network, Asset Inventory, Cloud
Managed Services, Consultation & Strategic Workshops, Data Collection, Data Transformation,
Enterprise GIS Architecture, Environmental Solutions, Facility Management, Infrastructure
Security, Jumpstarts, Knowledge Transfer & Learning, Surveying, Situational Awareness, Staff
Augmentation, and more.
Thank you again for your interest. We look forward to working with you.
Sincerely,
Theron Hodel
Account Executive
Axim Geospatial
100 QBE Way, Suite 1225 | Sun Prairie, WI 53590
p: (205) 725-5803 | c: (608) 843-0983 | e: theron.hodel@aximgeo.com
54
Version 8 30 21
Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman,
MT59771, hereinafter referred to as “City,” and, Axim Geospatial, LLC, 4%(:D\6XLWH
6XQ3UDLULH:, , hereinafter referred to as “Contractor. ”The City and Contractor may
be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of June, 2024, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5.Contractor’s Representations: To induce City to enter into this Agreement,
55
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 2 of 11
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
56
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 3 of 11
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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 4 of 11
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
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:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 5 of 11
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
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
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with Axim Geospatial
FY 22- FY 24
Page 6 of 11
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
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.
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Zac Collins 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 .HQW%ODQFKDUG 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
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
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agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than 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_______________________________
Greg Sullivan, Bozeman City Attorney
65
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Attachment A
68
hhdrinc.com
700 SW Higgins Ave Suite 200, Missoula, MT 59803
(206) 826-4700
Date October 19, 2022
Zac Collins
Asset Systems Program Manager/City of Bozeman
20 East Olive Street – P.O. Box 1230
Bozeman, MT
RRE: GIS & Asset Management On-call Services – Attachment A
Dear Zac,
HDR is honored to have been selected to be added to the GIS & Asset Management On-call Services. This
proposal includes our scope services we can provide and our cost structure for the on-call contract.
Our scope of services include:
1. Cityworks Support
2. GIS Database Management Support
3. GIS System Hardware Architecture Support
HDR understands projects are expected to range in value from less than $2,500 up to $20,000 including but not
limited all previously listed examples listed in the RFQ. Detailed scope of service and fees will be provided for
each project requested under this on-call contract.
Cost Structure:
Table 1. Schedule of Billing Rates
Title / Position Hourly Rate
Principal $231
Project Manager $278
Senior GIS Programmer $269
QA/QC $225
Senior GIS Analyst $201
Staff Engineer $171
GIS Programmer $160
GIS Analyst $123
GIS Technician $112
Technician $82
Reimbursable expenses will be estimated for each project task order scoped under this on-call contract.
69
CCity of Bozeman | Proposal
GIS & Asset Management On-call Services
22
HDR is fully committed and vested in the successful completion of this project. Thank you for the opportunity to
offer our services. Should you require further clarification of this proposal, please do not hesitate to contact
Project Manager, Bridget Brown, at 907.306.1971 or Bridget.Brown@hdrinc.com.
Regards,
HDR Engineering, Inc.
Jared Harris Bridget Brown
Vice President Project Manager
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman,
MT59771, hereinafter referred to as “City,” and HDR, 2150 Analysis Drive, Suite A, Bozeman,
Montana 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 and will
expire on the 30th day of June, 2024, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
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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
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:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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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
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
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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
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.
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Zac Collins 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 Jared Harris 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
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
79
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Professional Services Agreement for Professional Services Agreement for Cityworks Support with HDR.
FY 22- FY 24
Page 10 of 11
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
80
Version 8 30 21
Professional Services Agreement for Professional Services Agreement for Cityworks Support with HDR.
FY 22- FY 24
Page 11 of 11
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than 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_______________________________
Greg Sullivan, Bozeman City Attorney
81
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1
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and HDR Engineering, Bozeman, Montana, (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1. ENGINEER will provide the services set forth in Exhibit A – Scope of Services (“Engineering Services”), which
is hereby incorporated in and made a part of this Agreement.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Coralynn Revis.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Dan March, PE. The OWNER may name a Task Director who would be the
liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
84
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Aero-Graphics, Inc.
Bailey Costello
40 West Oakland Avenue
Salt Lake City, UT 84115
tel: 801.487.3273
fax: 801.487.3313
email: bcostello@aero-graphics.com
City of Bozeman, Montana
Request for Proposals
Digital Orthoimagery
October 21, 2022
103
October 21, 2022
Gail Jorgenson
GIS Program Manager
City of Bozeman, MT
P.O. Box 1230
Bozeman, MT 59771-1230
Subject: Request for Proposals - Digital Orthoimagery
Dear Gail,
Aero-Graphics is pleased to respond with this proposal for digital imagery acquisition and
orthoimagery processing services as outlined in the above-referenced RFP. We have
assembled a team of qualified professionals with the expertise necessary to deliver high-quality
mapping and analysis on schedule at a cost-effective price.
Please consider the following strengths that uniquely qualify the Aero-Graphics team for this
contract:
x Aero-Graphics has nearly 55 years of aerial mapping experience, including a working
relationship with the City of Bozeman in 2018 and 2021.
x Aero-Graphics owns and operates the best and latest equipment for aerial mapping.
Our Vexcel UltraCam Eagle digital camera system provides unsurpassed data accuracy
and quality.
x Aero-Graphics is a full-service aerial mapping company with licensed Professional Land
Surveyors on staff and a reliable Montana-licensed survey subcontractor (Robert Peccia
& Associations) who has current experience working with the City of Bozeman providing
civil engineering services.
Should you have any questions or require further information, please call me at (801) 487-3273
or email at bcostello@aero-graphics.com. Thank you for considering Aero-Graphics for this
contract.
Sincerely,
AERO-GRAPHICS, INC.
Bailey Costello, Project Manager
104
City of Bozeman, MT
Digital Orthoimagery
Table of Contents
a. Executive Summary ...................................................................................... 2
b. Firm Profile .................................................................................................. 2
c. Description of Proposed Solution ................................................................. 3
d. Scope of Project ......................................................................................... 11
e. Related Experience with Projects Similar to the Scope of Services .............. 12
f. Statement of Qualifications ........................................................................ 17
g. References ................................................................................................. 17
h. Present and Projected Workloads ............................................................... 18
i. Key Personnel ............................................................................................. 19
j. Additional Information ............................................................................... 24
k. Affirmation of Nondiscrimination & Equal Pay ............................................ 25
l. Pricing……………………………………… ................................................................ 26
105
2 | Page
a. Executive Summary
Aero-Graphics, Inc., an SBA-registered small business, highly values this opportunity to provide the
City of Bozeman with digital orthoimagery and building footprints to support its regulatory, land
management, planning, and engineering projects.
Aero-Graphics is uniquely qualified and has demonstrated its proficiency at performing wide-area
image acquisition projects on time, on budget, and of the highest quality for numerous County
governments, regional consortiums, City governments, and Federal government agencies throughout
the United States. We were honored to have the opportunity to perform the 2018 City of Bozeman
Digital Orthoimagery and LiDAR Data Collection and the 2021 Digital Orthoimagery. We value the
friendships we built during the project and are looking forward to working with you again.
At every stage of the project, Aero-Graphics strives to add value above and beyond the minimum
requirements. Our twin engine Cessna T310R and top-of-the-line Vexcel UltraCam Eagle (UCE) digital
camera system will be assigned to the City of Bozeman Project. Along with its unmatched image
quality, its large footprint and lower number of required exposures translates into fewer required
flight lines and faster acquisition, allowing us to take advantage of critical narrow weather windows.
In addition, the Eagle’s 100mm focal length provides a greater angle of incidence and thus exhibits less
building and tree lean than competing 70mm focal length sensors.
Above all, Aero-Graphics is recognized for its superior project management, responsiveness, and
excellent communication. Weekly progress reports with clear visualizations of project status are
provided and can easily be distributed to all project stakeholders.
Aero-Graphics is confident that its strengths will ensure the success of the City of Bozeman project, as
well as the long-term success of the City of Bozeman and its partners’ future projects. We look
forward to an opportunity to demonstrate our capabilities on this contract.
b. Firm Profile
Aero-Graphics is the fastest growing geospatial company in the Intermountain West. We have been in
business for over 55 years and have had the same stable ownership for the last 40 years.
Aero-Graphics, Inc.
Bailey Costello, Project Manager
40 West Oakland Avenue
Salt Lake City, UT 84115
tel: 801.487.3273
fax: 801.487.3313
www.aero-graphics.com
bcostello@aero-graphics.com
106
3 | Page
c. Description of Proposed Solution
Target Placement and Control Surveying | Prior to photography, Robert Peccia and
Associates will target and survey the quality check shots in addition to the 16 aerial
control points shown below in RED. Control will tie to both UTM Zone 12 and Montana
State Plane Coordinates. Horizontal datum shall be NAD 83 (2011); Vertical datum shall
be NAVD 1988. Working units shall be in Meters.
Horizontal and vertical control for all targets will be accurate to within 5 cm.
Aero-Graphics will provide a Survey Control Report to the City of Bozeman in XLS
format with the following information included: AGPS/IMU coordinates (XYZ OPK),
NAD83 Latitudes, NAD83 Longitudes, Project Eastings, Project Northings, Elevations,
and description of equipment and software used in processing.
Targets will be 1’ wide x 6’ arms. Targets will be in contrast with the ground and clearly
visible from the air. Monuments will be flush with the ground (or otherwise noted in
the control listing).
107
4 | Page
Aircraft | Aero-Graphics owns and operates seven (7) aircraft, all based out of Bountiful,
Skypark Airport KBTF, just minutes north of our main Salt Lake City office and processing
center. Our twin-engine Cessna T310R and UltraCam Eagle digital camera system will
be dedicated to the City of Bozeman Project to ensure proper and timely delivery. The
UC Eagle is interchangeable between all seven aircraft. In the unlikely event that the
assigned aircraft becomes unavailable, one of the others can replace it with ease.
Each aircraft is maintained and operated with strict adherence to all FAA regulations.
IFR instrumentation and other equipment necessary to operate within Class A airspace
is standard on all our aircraft, and all are equipped with survey-grade GPS for precise
acquisition over required areas.
The sensor openings on the underside of each aircraft (pictured below) have been
fabricated such that the camera lenses are open to the outside. Metal shields have
been installed that protect the camera lenses from oil and exhaust, while leaving the
camera’s field of view unobstructed.
As part of Aero-Graphics’ Risk Management System (RMS), every lift requires a pre-flight
inspection of the aircraft. This includes the following:
x Fuel Level – Instrumental and Visual
x Aileron and Control Surface freedom of
movement
x Engine Oil Level
x Propeller Condition
x Landing Gear Condition
Our aircraft are professionally maintained by Aero Services, LLC located at our home
base of Bountiful, Skypark Airport KBTF. Aero Services provides an on-the-shelf
inventory of key parts for all of our aircraft, and prioritizes our planes’ maintenance and
repairs above all others. When maintenance or repairs are required away from base, we
carefully select trustworthy maintenance providers such as Tac Air, who understand the
nature of aerial survey and will provide fast, quality service.
Ǧ
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108
5 | Page
Digital Camera System | Aero-Graphics’ state-of-the-art Vexcel UltraCam Eagle (UCE)
digital camera is noted as one of the finest digital camera systems currently available.
It delivers 260 megapixels per image and the widest cross-track image format available
in any frame-based sensor currently on the market. At 7.5cm GSD the swath covers
nearly 1 mile on the ground. This configuration provides the best image-size to image-
number balance, i.e., the larger footprint size allows a smaller number of images to
cover the project boundary, which translates into fewer images to process, QC, and
perform aerotriangulation, resulting in a faster delivery time.
The UCE sensor collects visible light and near infrared imagery simultaneously at a 16-bit
radiometric resolution and is equipped with Forward Motion Compensation (FMC). It
features automatic exposure control through our flight management system but also
allows for manual overrides when necessary.
It is installed in a gyro-stabilized mount (GSM 3000) that is regularly maintained
according to schedule and passively isolated from aircraft vibration through a series of
specially manufactured springs and viscous dampers. In concert with the pilots’ strict
training and talent in keeping the plane’s attitude as straight as possible, the GSM helps
keep roll, pitch, and yaw angles true, even in windy or turbulent conditions. It
automatically corrects up to 5° roll, 8.4° pitch, and 6.2° yaw in either direction from
zero.
The UCE is equipped with a Vexcel UltraNAV flight management system which
integrates GPS and IMU into one cooperative unit, allowing image principal point
accuracy to 3cm. It is important to note that each time the sensor is moved to a
different aircraft, and before and after large acquisition projects, a boresight calibration
is systematically performed. This enables us to measure and account for the natural
angular misalignments between the camera and IMU and is imperative to maintaining
accuracy.
Our Quality Delivery System (QDS) requires on-ground lens cleaning, proper installation
and cable/hardware inspections for the UCE and GSM, GPS/IMU statistics analysis, and
test exposures before every mission.
Flight Plan | Track’Air flight planning software is used to create flight plans for each
area. This takes into account all project requirements, including boundaries and
associated buffers, GSD, forward/sidelap, flightline orientations, etc. The plan is then
verified for project conformity by another member of the Aerial Department. Special
focus is given here to ensure that all area boundaries and buffers are stereo-covered
and that no overlap or sidelap gaps exist, especially in areas with high relief. Flight plan
coverage and specifications are displayed on the next page.
Trimble Planning software is used to determine the Positional Dilution of Precision
(PDOP) for the project location. PDOP is used as a gauge for the overall quality of the
GPS signal. A PDOP value under 3.0 is desired for the best accuracy possible, and we
strive to fly in PDOP windows below 3.0. In addition, we observe forecasts and always
fly with a Kp Index below 4.0 to minimize geomagnetic field disturbances caused by
solar particle radiation, which can negatively affect the quality of the GPS signal.
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Flight Execution | Prior to take-off, a ground verification of all aviation equipment and
camera systems is performed to ensure everything is functional and safe. Once in the
air, the flight management system (FMS) provides GPS-based guidance information to
the first flight line. Calibration of all systems (FMS/GPS/IMU, as appropriate) takes place
during a 5-minute initialization period before any exposures are taken.
With the UCE, digital images are reviewed as they are collected to ensure they meet
target project tolerances (position, ground conditions, smoke, clouds, shadows, etc.).
Corrections for airplane roll, pitch, and yaw are performed automatically by the gyro-
stabilized mount, which is controlled by the IMU and UltraNAV flight management
system. All systems are constantly monitored during flight execution. With these QC
steps in place, immediate reflights are undertaken if any component falls outside of
specifications.
At the end of the day, the camera operator performs a second review of the acquisition
data en-route to that day’s base airport. Once the flight mission is complete, all data
storage media and pilot flight logs are returned to Aero-Graphics for processing.
City of Bozeman Flight Plan Specs
Aircraft Cessna 310
Sensor UltraCam Eagle
GSD 7.5cm
Altitude (ft AGL) 4,757
Forward Overlap 60%
Side Overlap 30%
Lines 31
Images 668
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Post-Acquisition Image Inspection | Image inspection is one of the most important
parts of our Quality Delivery System. Each image is viewed and graded by a post-flight
inspector before insertion into the subsequent photogrammetric workflows.
Inspection is conducted against the following parameters:
x Proper project area coverage, buffer, flight direction, and sufficient overlap
x Acceptable atmospheric and ground conditions
x Images well-defined (free from blur)
All results of inspection are retained in the production framework.
Digital Image Processing | Vexcel UltraMap is a sophisticated application used in the
initial color balancing of digital imagery from the UCE. It utilizes camera calibration,
custom dodging, solar adjustment masks, high dynamic range, and location and date
time of data to minimize hot spots and large variations in color and brightness. The
resulting multi-lens, raw imagery (level00) is then pan-sharpened (at a 1:3 color-to-pan
ratio) and converted to useable imagery (level03). Bit-depth resolution is also chosen at
this stage (8-bit for this project).
Sometimes sunspots and other atmospheric factors beyond our control affect the
quality of the raw imagery. We have developed contrast enhancements and haze
filters that can be used as necessary to minimize these issues. Image radiometry is a
subjective process and the “ideal” can change from year to year even. Therefore Aero-
Graphics is committed to adjusting the imagery multiple times to meet our clients’
needs.
Image Radiometry | We perform statistical analysis of initial radiometry on selected
images throughout the project area to make sure all terrain types meet project
requirements. Radiometry is adjusted for certain terrain types if necessary.
Preproduction samples will be furnished to the City for approval prior to full-scale
production, and correct color balancing of the full image set will be reviewed by our
aerotriangulation specialists prior to orthorectification. Every effort will be made to
provide maximum detail in shadow areas. The imagery is checked against the clipping,
contrast, brightness, and color balance parameters as directed by the City.
GPS/IMU Data Post-Processing | After successful acquisition, and in parallel with image
processing, raw GPS/IMU data is processed using Applanix POSPac MMS 8.0. At this
stage, our Processing Manager performs QC of flight parameters (initialization, bank
angles, proximity to bases, etc.). The process combines the raw trajectory of the aircraft
with concurrently running base stations to refine the photo center (air point)
coordinates (XYZ) and angles (Omega, Phi, Kappa, or roll, pitch, and yaw) of the sensor,
and delivers up to 3cm accuracy.
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Because the integrity and accuracy of our imagery on this project relies heavily on
control from ABGPS/IMU, it is extremely important that our Processing Manager, a
Licensed Professional Land Surveyor and Certified Photogrammetrist, conducts rigorous
QC procedures and generates several reports and charts to verify the quality and
accuracy of the data. These include PDOP, number of satellites, positional RMS, roll-
pitch-yaw, and several other quality indicators. Omega-Phi-Kappa angles and altitude
are checked at this point for conformity with project requirements.
Aero-Graphics has been performing precision ABGPS/IMU processing since 1997. Both
our Processing Manager and our AT/Ortho Manager have been formally trained in
GPS/IMU processing through in-person Applanix University education from Applanix
staff. This combination of experience and training lends strength to the efficiency and
accuracy of our results. For example, we can discern which processing mode to use and
in what situations it would yield more accurate results to process portions of a block
individually rather than all together. GPS/IMU processing is the backbone of the
accuracy for the City of Bozeman project.
Analytical Aerotriangulation | Industry-leading Trimble-Inpho Match-AT software
(Version 6.0) is utilized to perform fully analytical digital aerotriangulation for the block.
Automatic tie points and refined GPS/IMU exposure centers (air points) extend full
control for each stereo model.
In this process we assign each air point to the principal point of its corresponding image,
which gives an initial exterior orientation to each of the images. The image block is then
stitched together by generating automatic tie points. These points tie each image to its
neighbors in the same flightline and to those in adjacent flightlines. Ground control
points are identified and measured, and these along with tie points, images, and air
points are then processed together in a final bundle adjustment to refine the air points
and provide the best orientation solution that minimizes cumulative error throughout
the block.
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Once the AT solution is complete, we use Inpho’s DTMaster to check every model in
stereo. We ensure that all parallax is cleared and that all tie points are on the ground –
with no points floating or digging. Every control point must be on the center of the target
and fall vertically within one-quarter of the applicable contour interval, based on flight
height, of its surveyed position. The AT/Ortho Manager, a Certified Photogrammetrist and
GIS Professional (GISP), verifies the integrity of each AT solution before it moves forward
in the process. Our QC procedures are in place to find erroneous points and correct them
before the AT results are used in subsequent processes.
Orthorectification | Aero-Graphics will utilize existing DEM data from the 2021 project as
the initial rectification surface. The surface is then inspected and edited to ensure that the
resulting orthorectified imagery will be accurate and meet client specifications. The most
common surface improvements include removing points from buildings, generally
correcting surfaces, such as cliffs, that would warp the ortho, and adding breaklines where
necessary, especially on bridges and overpasses.
Upon completion of the surface modeling, each digital image
undergoes automatic orthorectification in a one-step batch
process using Trimble-Inpho’s OrthoMaster software. This
process moves each pixel into its true geographic location,
correcting for terrain relief displacement and offsets caused by
aircraft tip and tilt.
Final orthorectification and tile-to-tile color balancing is
performed in Inpho’s OrthoMaster and OrthoVista which have
proven to provide superior radiometric and seamline results.
Seamlines are placed in areas of consistent tonal balance and
between buildings and bridges.
Aero-Graphics takes advantage of Inpho’s parallel processing features that allows multiple
core processing of ortho tiles; this greatly expedites production. Orthorectified imagery is
manipulated in Inpho’s OrthoVista software to compute subtle radiometric adjustments
that compensate for visual effects within individual images.
Multiple orthophotos are then combined into one seamless and geometrically perfect
ortho mosaic for the entire project area. The ortho mosaic is then tiled according to the
provided tiling scheme resulting in pixel perfect tiles that match perfectly with no overlap.
OrthoVista then performs a tile-wide and project-wide color balance by adjusting adjacent
images to match in color and brightness, thereby allowing for maximum possible detail in
the imagery including shadow areas. Before full-scale production begins, pre-production
image samples will be submitted to the City for approval.
Imagery will be broken up into the City’s predefined tiling schemes. Ortho tiles will be
delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State
Plane NAD83 (2011) meters. Separate RGB and CIR image files will be delivered at a 7.5cm
pixel resolution in uncompressed 24-bit TIFF and MrSID formats with associated world
files. An overall MrSID mosaic will also be delivered at a 15cm (or desired) pixel size.
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Planimetric Data Collection | Skilled stereocompilers will perform building footprint
updates within areas of change outlined by the City. Kevin Reid, an ASPRS Certified
Photogrammetrist, will oversee the process to ensure quality procedures are adhered
to. New or modified features will be collected and attributed according to specifications
listed in the referenced RFP. Collected features will include building footprints (updated
from 2021 dataset). Building footprints will be attributed with maximum height above
ground. All data will be delivered in a File Geodatabase Feature Class, suitable for use in
ArcGIS software.
Quality Control | Aero-Graphics prides itself on rigorous quality control procedures.
Orthoimagery and surface data is produced outside the designated digital boundary and
then cut back to the boundary to assure thorough coverage of each project area. The
orthoimagery is then inspected by a QC Inspector completely removed from the project,
where linear and above-ground features are reviewed to detect misalignment and
warping, and where final radiometry conformance is verified. In addition, the AT/Ortho
Manager, a Certified Photogrammetrist and GIS Professional (GISP), oversees the
compilation process to ensure that the surface collection and orthorectification meet
client specifications. The Project Manager and AT/Ortho Manager spot-check all
deliverables for correct color balance, accuracy, and data integrity prior to delivery.
Metadata | FGDC-compliant metadata files will be provided for all deliverables in XML
format. Metadata for orthorectified imagery will include acquisition dates.
Accuracy | All 3” orthoimagery deliverables will meet or exceed ASPRS Class I Accuracy
Standards.
Pre-Delivery Inspection | Our pre-delivery inspectors perform final quality control
before materials are submitted to the City of Bozeman. This includes verifying correct
naming convention, file formatting, correct labeling of delivery media, and packing list
accuracy.
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d. Scope of Project
We understand the scope of the City of Bozeman project entails control and quality check shot
surveying, digital aerial imagery acquisition, data processing and orthoimagery production services,
building footprints, quality control, metadata, and reporting for approximately 78.7 square miles
covering the greater Bozeman area. The desired flight dates are between April 1st and April 30th, 2023.
The desired project completion date is 90 days from photo acquisition.
Deliverables/specifications include the following:
Item Description Format
Projection, Datum, Units
UTM Zone 12, NAD83 (2011), Meters
MT State Plane, NAD83 (2011), Meters
NAVD88, Meters
Flight Plan and Logs Flight lines, exposures, photo centers Feature Class
Calibration Reports Digital camera (UCE) PDF
Survey Control Report AGPS data, XYZ OPK, ground control XLS
Aerial Triangulation Report Adjustment process, coordinate list PDF or XLS
Sample Imagery
Prior to undertaking full digital orthophoto
production, Aero-Graphics will furnish the
City with sample digital images to evaluate
and accept as examples of overall image
quality.
TIF
Digital Orthoimagery 4-band (RGB and NIR), 3” pixel
Mosaic at 1-foot (or 0.5-foot) pixel resolution TIF, SID
Breaklines Breaklines used to correct bridge and
overpass distortion Feature Class
Building Footprints Extracted polygons
(updated from 2021 dataset) Feature Class
Progress Reports Weekly status emails PDF
Metadata FGDC-compliant metadata for all data. XML
Project Report Summary of processes, collection, accuracy
results, etc. PDF
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e. Related Experience with Projects Similar to the Scope of Services
The following aerial acquisition and processing projects have been successfully completed by Aero-
Graphics’ production staff within the last three years:
Since 2009, Aero-Graphics has acquired and orthorectified nearly 5,000 square miles of
imagery covering Sublette County to support GIS, public works, and other needs
throughout the county. Aero-Graphics has completed acquisition and is currently
processing orthoimagery for 2022.
Services and Project Deliverables included:
x Target placement and GPS surveying for thirty-four (34) control points.
x Digital 4-band aerial photography acquisition at 6” GSD.
x RGB and CIR orthorectified imagery in TIFF and MrSID formats at 6’’ pixel size.
x Overall mosaics at 6” pixel size.
Client: Sublette County, Wyoming
Contact: Rich Greenwood, Greenwood Mapping
Address: 9600 Wenzel Lane, Wilson, WY 83014
Phone: 307.200.9563
Project Name: Sublette County Orthoimagery
Completion:July 2009-2022
Total Area: 4,927 mi2
Pixel Resolution: 6” GSD
Key Personnel
Brad Marz
Kelly Francis
Sam Hoddenbach
Karl Jensen
Kevin Reid
Joe Belliston
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The purpose of this project was to obtain turnkey digital geo-referenced orthophotography
for the City of Sheridan. The imagery will be utilized in ongoing GIS projects for the City of
Sheridan. Furthermore, it will aid in a project to create an updated geo-referenced map of
the Sheridan Area Water Supply’s (SAWS) active underground waterlines.
Services and Project Deliverables included:
x Digital 4-band aerial photography acquisition at a 15cm GSD.
x Digital orthorectified imagery at a 6” pixel size delivered in GeoTIFF format.
x Project-wide mosaic in MrSID format.
x Project Metadata including a comprehensive Technical Project Report detailing
acquisition, processing, and accuracy assessment processes.
Client: City of Sheridan, Wyoming
Project Name: 2019 GIS DIGITAL ORTHOPHOTOGRAPHY PROJECT
Contact: Brian Craig, Community Development Director
Email Address: bcraig@sheridanwy.net
Phone: 307.675.4248
Address: 55 Grinnell Plaza, Sheridan, WY 82801
Completion: July 2019
Total Area: 77.3 mi2
Key Personnel
Kelly Francis
Bernie Doud
Emilio Sanchez
Karl Jensen
Kevin Reid
Joe Belliston
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For eight years running (2012 – 2019), Aero-Graphics has acquired and orthorectified 50
square miles of imagery covering the City of Ontario to support GIS, public works, and
other needs throughout the city. Acquisition is always performed in the winter during leaf-
off. Spatial resolutions are as follows: 2012 – 6” GSD; 2013 – 3” GSD; 2014-2019 – 2” GSD.
Services and Project Deliverables included:
x Target placement and GPS surveying for seven (7) control points.
x Digital 4-band aerial photography acquisition at varying GSDs, based on acquisition
year (see above).
x RGB orthorectified imagery in GeoTIFF format at varying GSDs, tiled according to USGS
DOQQQ scheme, delivered in California State Plane Zone 5, US Feet.
x Overall ECW and MrSID mosaics
x FGDC-compliant metadata for each ortho tile and mosaic.
Client: City of Ontario, California
Contact: Robert De Casas, Senior System Analyst
Address: 303 East B Street, Ontario, CA 91764
Phone: 909.395.2408
Project Name: Ontario Orthoimagery Updates
Completion: March 2012-2019
Total Area: 50.1 mi2
Pixel Resolution: 2”; 3”; 6” GSD
Key Personnel
Bernie Doud
Mason Decker
Emilio Sanchez
Karl Jensen
Kevin Reid
Joe Belliston
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The City of Missoula GIS Services (GIS Svc) in partnership with the Missoula Redevelopment
Agency (MRA) contracted with Aero-Graphics in the spring of 2020 to gather aerial
photography and provide orthophotographic data. Prior to the contract, City staff relied on
a low-resolution data service from ESRI and aerial photography gathered from a flight
performed in 2014. A new flight was required to document the significant growth recently
experienced by Missoula. The resulting imagery was flown at an increased resolution that
captured feature details whose needs had been subsequently identified since 2014.
Services and Project Deliverables included:
x Ground control survey.
x Digital 4-band aerial photography acquisition at a 7.5cm GSD.
x Digital orthorectified imagery at a 3” pixel size delivered in TIFF and ECW formats.
x Project-wide mosaic at a 6” pixel size in MrSID format.
x Project Metadata including a comprehensive Technical Project Report detailing
acquisition, processing, and accuracy assessment processes.
Client: City of Missoula, MT
Project Name: 2020 Missoula-Area Orthophotography
Contact: Eric Anderson, GIS Analyst
Email Address: AndersenE@ci.missoula.mt.us
Phone: 406.552.6101
Address: 435 Ryman St., Missoula, MT 59802
Completion: July 2020
Total Area: 77.3 mi2
Key Personnel
Kelly Francis
Mason Decker
Emilio Sanchez
Karl Jensen
Kevin Reid
Joe Belliston
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Nez Perce County Idaho; Asotin County, Washington; City of Lewiston, Idaho; City of
Clarkston, Washington; Asotin PUD, Washington; Port of Lewiston, Idaho; Lewiston
Orchards Irrigation District, Idaho; and the LC Valley MPO hired Aero-Graphics to
photograph approximately 87.4 square miles of the Cities of Lewiston, Idaho and Clarkston,
Washington and surrounding vicinity with a pixel resolution of 3 inch.
Services and Project Deliverables included:
x Digital 4-band aerial photography acquisition at a 3” GSD.
x RGB orthorectified imagery in GeoTIFF and SID formats, tiled according to client-
provided tiling scheme, delivered in Idaho and Washington State Plane Zones, US
Feet.
x Overall image mosaic at a 3” pixel size in SID format.
x FGDC-compliant metadata for each ortho tile and mosaic.
Key Personnel
Bernie Doud
Mason Decker
Emilio Sanchez
Karl Jensen
Kevin Reid
Joe Belliston
Client: Nez Perce County, Idaho
Contact: Bill Reynolds, GIS Coordinator
Address: 1230 Main St., Lewiston, ID 83501
Phone: 208.750.2055
Project Name:ID/WA 2020 Aerial Photography Project
Completion: October 2020
Total Area: 87.4 mi2
Pixel Resolution: 3” GSD
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f. Statement of Qualifications
Aero-Graphics is a full-service aerial mapping company with one (1) Project Management Professional, two (2)
in-house Professional Land Surveyors, seven (7) in-house Certified Photogrammetrists and two (2) GISCI
Certified GIS Professionals (GISP). We also employ fifteen (15) flight staff, including logistics managers, mission
planning managers, pilots, and sensor operators.
We have over 55 years of aerial mapping experience and 25 years of digital orthophoto compilation
experience including a working relationship with the City of Bozeman in 2018 and 2021. Aero-Graphics’
project management team offers 100 years of combined experience and takes a methodical, deliberate
approach to managing complex projects that includes risk mitigation, quality assurance and control, and
dynamic scheduling. We own and operate the best and latest equipment for aerial mapping. Our Vexcel
UltraCam Eagle digital camera system provides unsurpassed data accuracy and quality.
Aero-Graphics is ISO 9001:2015 certified, and fully recertified on March 7, 2022. We
are pleased to strengthen our contribution of quality geospatial services through this
certification, which, among important audits, includes process accountability,
continuous documented improvement on those processes, and procedural document
control. This lends increased confidence in reliable results. The full certificate is available
for viewing upon request.
Aero-Graphics’ proven project management strategy produces accurate, timely
deliverables in a cost-effective manner. This strategy includes the following key
elements:
• Clearly defined objectives
• Appropriate risk management
• Intelligent mission planning
• Adherence to project milestones
• Effective QA/QC
• Constant communication
These time-tested standard operating procedures (SOP) have created a long tradition
of exceeding clients’ expectations and we are confident they will ensure the long-term
success of City of Bozeman projects.
g. References
Organization Name Position Email Phone Number
City of Missoula, MT Eric Andersen GIS Analyst AndersenE@ci.missoula.mt.us 406.552.6101
City of Sheridan, WY Brian Craig Community Dev.
Director bcraig@sheridanwy.net 307.675.4248
Nez Perce County, ID Bill Reynolds GIS Coordinator billreynolds@co.nezperce.id.us 208.750.2055
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h. Present and Projected Workloads
The Aero-Graphics Team possesses the capacity, expertise, and resources to easily meet the City’s desired
project completion date of 90 days from photo acquisition. Our approach involves resource allocation such that
parallel processing, rather than sequential processing, is the norm. We regularly manage multiple concurrent
projects, with and without subcontractors, with varying degrees of complexity. Workloads and budgets are
closely monitored daily to ensure that schedules never slip. All staff members are cross trained to perform
multiple production tasks; this allows us the flexibility to ramp up capacity in certain departments when
needed.
Our present workload for our Orthoimagery Department (pictured below) includes a total of 12 (12) projects
currently in progress, most of which are projected to complete by April 2023. Between the months of April and
July, we currently have one (1) ortho projects scheduled. Aero-Graphics will surely have sufficient capacity,
staff, and resources to meet the scheduling demands of this contract.
Figure 1: Aero-Graphics’ current ortho project listing as of Oct. 2022
Figure 2: Proposed schedule for the City of Bozeman project
Contract Item Completion By
Control Survey March 31, 2023
Aerial Imagery Acquisition April 30, 2023
Orthoimagery Production June 30, 2023
Building Footprints June 30, 2023
Final Project Report & Metadata June 30, 2023
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i. Key Personnel
Aero-Graphics prides itself on employing the most intelligent and skilled professionals in the geospatial industry.
The team members listed below will supervise acquisition and production tasks and ensure that quality standards
are met for the City of Bozeman project. A Team Member Summary Table is included below followed by
personalized resumes of each key personnel.
Team Member Summary Table
Name Project Role
Years of
Experience
(w/Firm)
Education
(Year
Completed)
Certifications/
Licenses (Year
Received)
Kelly Francis Executive Oversight 25 (25) B.S. (1995) CP (2008)
PMP (2014)
Mason Decker Cost Estimation & Project
Oversight 8 (7) B.S. (2014) GIS Cert (2012)
CP (forthcoming)
Bailey Costello Project Management &
Scheduling 3(1) B.S. (2019)
M.S. (2022)
Bernie Doud QA/QC Implementation,
GIS Database Creation 18 (12) B.S. (2004)
MBA (2008)
CP (2010)
GISP (2013)
Tom Stark (RPA) Ground Control Surveying 27 (20) B.S. (1990)
A.S. (1995)
MT PLS
CFedS #1175
Sam Hoddenbach Flight Planning,
Flight Crew Oversight 6 (6) B.S. (2016)
Jim Hoddenbach Aircraft Operation, Pilot
Oversight 34 (4)
Karl Jensen ABGPS/IMU Data Processing 20 (20) B.A. (1998)
A.S. (2009)
CP (2008)
UT PLS (2013)
Kevin Reid Photogrammetry Lead 21 (13) CP (2013)
Joe Belliston Orthoimagery Processing 12 (12) B.S. (2007) PT (2013)
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Kelly Francis, CP, PMP | President
Role. Kelly Francis will apply his 25 years (all with AG) of expertise and executive
oversight to this project.
Education and Certifications. Kelly holds a Bachelor of Science in Marketing from Utah
State University. He is an ASPRS Certified Photogrammetrist (#R1372) and a Project
Management Professional (#1742748). Kelly currently serves on the Board of Directors
for MAPPS, national association of firms in the surveying, spatial data and geographic
information systems field.
Experience. Mr. Francis is an owner of Aero-Graphics and serves as its President and
Senior Project Manager. He has dedicated his career to geospatial process efficiency and
business strategy. As such, he is intimately familiar with planning, design, and execution
of LiDAR and digital aerial photography projects to support topo mapping production.
Bailey Costello | Project Manager
Role. Bailey Costello will apply his 3 years of expertise and oversight to this project,
including project management, imagery acquisition/processing design, supervision, and
progress status reporting.
Education and Certifications. Bailey holds a Bachelor of Science degree in
Environmental Science from the University of Virginia and a Master of Science degree in
Geography from the University of Utah.
Experience. Mr. Costello has worked with such entities as Bowen Collins & Associates,
Dominion Engineering, J-U-B Engineers, Salt Lake City Corp, and Perigee Consulting to
design and complete digital photography acquisition, color orthorectified imagery
projects, LiDAR acquisition and processing projects, volume calculations, and contour and
DTM mapping.
Mason Decker | Project Manager
Role. Mason Decker will apply his 8 years of expertise and oversight to this project,
including project management, imagery acquisition/processing design, supervision, and
progress status reporting.
Education and Certifications. Mason holds a Bachelor of Science degree in Geography
from the University of Utah and a GIS Certificate from Salt Lake Community College.
Experience. Mr. Decker has worked with such entities as San Bernardino County, Orange
County, City of Bakersfield, Kern County COG, City of Lubbock, TX, Nez Perce County, ID,
and City of Logan, UT to design and complete digital photography acquisition, color
orthorectified imagery projects, LiDAR acquisition and processing projects, recurring
survey and photogrammetry updates, volume calculations, and contour and DTM
mapping.
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Bernie Doud, CP, GISP | Quality Manager
Role. Bernie Doud will apply his 18 years of expertise and oversight to this project,
including implementation of quality programs, audits, and procedures, project
management, and employee mentoring.
Education and Certifications. Bernie holds a Bachelor of Science degree in Geographic
Information Systems and a Master of Business Administration degree. He is a Certified
Photogrammetrist with ASPRS (#1449) and a GISCI Certified GISP (#52260).
Experience. Mr. Doud is a senior level technical and quality manager. He has a solid
technical background in GIS and all aspects of LiDAR and photogrammetry, which along
with his project management expertise has strengthened his ability to design, implement,
and monitor QA/QC programs customized to each project, train and direct employees in
project execution, and act as technical client liaison.
Tom Stark, PLS, CFedS | Survey Manager (RPA)
Role. Tom Stark is RPA’s Survey Group Manager and Primary Contact in Helena. He has
over 27 years of experience in OPUS Projects; GPS RTK and static networks. He has
successfully managed the execution of numerous surveying projects throughout the
United States.
Education and Licenses. Tom holds an Associate of Applied Science degree in Land
Surveying and a Bachelor of Science in Business Finance. He is a registered Professional
Land Surveyor in the State of Montana (#12249) and a Certified Federal Surveyor
(#1175).
Experience. In his role as Survey Manager, Tom ensures impeccable accuracy in ground
survey control. This is critical to ensuring high-quality LiDAR and mapping services. Tom
was on the ground and collected survey data for the Boulder River Valley Wells Project
which involved surveying for 85 well casings.
Sam Hoddenbach | Flight Ops Manager
Role. Mrs. Hoddenbach will dedicate her 6 years of flight planning, airspace
coordination, and overall Flight Department management skills to this project.
Education and Certifications. Sam completed undergraduate studies.
Experience. As Flight Manager at Aero-Graphics, Sam manages administrative functions
within the flight department and assists Project Managers and the Flight Coordinator
with flight-related questions and planning. She has direct operation experience with
various aerial sensors, including the Optech Galaxy LiDAR sensor and the UltraCam Eagle
digital camera.
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Jim Hoddenbach | Chief Pilot
Role. Mr. Hoddenbach will serve as the Cessna 310 pilot-in-command during the data
acquisition phase.
Education and Certifications. Jim is an A&P IA Mechanic with over 31 years of
experience and has provided decades of dependable, professional, and quality work
through Aero Services to his fellow aviators at the Skypark Airport in Woods Cross, UT.
Jim is a Certified Flight Instructor, Multi Engine Instructor, fixed wing and rotorcraft
pilot.
Experience. As Chief Pilot, Mr. Hoddenbach is pilot-in-command for flight execution of
mapping projects in the company’s Cessna T310R, Cessna T206, and Piper PA-23 Aztec
aircraft. He has experience operating RC-30 film and UltraCam Eagle large format
cameras along with the accompanying computer flight management systems and
inertial measurement units. He is trained in the use of the POSTrack software that is
utilized in conjunction with these cameras and systems.
Karl Jensen, CP, PLS | Airborne Processing Lead
Role. Karl Jensen will apply his 16 years of expertise, production capacity, and oversight
to this project, including, ground control planning, ABGPS/IMU processing and analytical
aerotriangulation.
Education and Licenses. Karl holds an Associate of Applied Science degree in Surveying
from Salt Lake Community College and a Bachelor of Arts in History from the University
of Utah. He is a registered Professional Land Surveyor in the State of Utah (#7643406)
and a Certified Photogrammetrist with ASPRS (#1374).
Experience. Mr. Jensen is a senior level technical and production manager with a
concrete CADD, survey, and photogrammetry background. He has successfully
coordinated production tasks for numerous orthoimagery, LiDAR, surveying, and
photogrammetric mapping projects.
Kevin Reid, CP | Photogrammetry Lead
Role. Kevin Reid will apply his 21 years of expertise, production capacity, training, and
oversight to this project by performing project preparation functions, hydro break line
compilation oversight and management, quality control, and progress reporting.
Education and Certifications. Kevin studied Computer Science in college and is an
ASPRS Certified Photogrammetrist (#1557).
Experience. Over the course of nine years, Mr. Reid has overseen photogrammetric
mapping projects of varying complexity, from 40-scale transportation projects to 200-
scale mining projects. He is well-versed in the effective utilization of VR and Inpho
photogrammetric software suites.
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23 | Page
Joe Belliston, CPT | Lead Orthocompiler
Role. In his role as Lead Orthocompiler, Mr. Belliston is responsible for orthophoto
quality control, specification compliance and meeting demanding schedule
commitments.
Education. Joe holds a Bachelor of Science from the University of Utah in Geography
and recently received his ASPRS Certified Photogrammetric Technologist certification.
Experience. Mr. Belliston has over ten (10) years of ortho production, GIS, editing, and
AT experience. He has successfully coordinated production tasks for numerous large
image orthorectification projects and has extensive training in Inpho and ESRI mapping
software suites. Mr. Belliston has effectively managed numerous projects of various
sizes involving digitally orthorectified imagery yielding high levels of client satisfaction.
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24 | Page
j. Additional Information
Quality Delivery System (QDS) | QA/QC is built into each one of our processes, from planning and design to
production. Our QDS, customized for the City of Bozeman project, organizes, and lists specific, measurable
QA/QC steps for each process and assigns personal responsibility to ensure each is performed with exactness.
Quality Assurance is separated from Quality Control to make our system comprehensive. QA denotes a
preventive step or design that is performed before the associated process to avoid mistakes. QC is a task
that takes place after the associated process and aims to find and rectify mistakes that do slip through.
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25 | Page
k. Affirmation of Nondiscrimination & Equal Pay
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Aero-Graphics, Inc. hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability and acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring and
treatments or proposer’s employees and to all subcontracts.
In addition, Aero-Graphics, Inc. hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-
104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work
“best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
Bailey Costello, Project Manager
Name and title of person authorized to sign on behalf of submitter
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26 | Page
l. Pricing
Survey Control and Quality Check Shots .................................................................. $10,600.
Digital Imagery Acquisition ....................................................................................... $15,010.
Building Footprints ..................................................................................................... $6,520.
Digital Orthoimagery (7.5cm pixels with 15cm Mosaic) ............................................ $8,200.
Project Report and Metadata ..................................................................................... $2,880.
Total Project ............... $43,210.
Pricing is valid for 90 days. Terms are Net 30 days with monthly invoices submitted for completed work.
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1010.5 Mile
k 2023 Bozeman Aerial Flight Boundary
Attachment B
Bozeman GIS,
Esri, HERE,
Garmin,
SafeGraph,
GeoTechnologi
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Page 1 of 15
REQUEST FOR PROPOSALS (RFP)
DIGITAL ORTHOIMAGERY
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
October, 2022
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NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide
digital orthoimagery for the greater Bozeman area.
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents
are advised that Recipient’s email attachment size limit is 25MB and that only one PDF
file will be allowed per response. The subject line of the transmittal email shall clearly identify
the RFP title, company name and due date/time. File sizes greater than 25MB in size may
be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by October 24, 2022 at 3:00 p.m. MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
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Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Gail Jorgenson, GIS Program Manager, (406)
582-2972, gjorgenson@bozeman.net.
DATED at Bozeman, Montana, this Wednesday, October 5th, 2022.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, October 9, 2022
Sunday, October 16, 2022
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I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from firms to provide digital orthoimagery for
the greater Bozeman area.
The Owner intends to enter into a contract with the selected firm that will include but is not limited
to the following deliverables:
x Survey Control and Quiality Check Shots
x Digital Orthoimagery (4-band, 3” pixels, mosaic)
x Building Footprints (updated based most recent dataset)
x Project Reports and Metadata
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
The City of Bozeman regularly uses aerial photography and planimetric information to support regulatory,
land management, planning, and engineering projects. This project will update all aerial imagery for the
entire 78.7 square mile planning boundary in addition to building footprints (image included in
Attachment B of this RFP shows the area of interest). This documents defines the technical, cost, and
time scope for developing a portion of the City’s GIS database.
The desired flight dates are between April 1st and April 30th 2023. The desired project completion date is
90 days from photo acquisition.
III. SCOPE OF SERVICES
The preliminary scope of work involved for this project is outlined below. Additional tasks and work
elements may be added during contract negotiations. It is also possible that tasks or elements could be
deleted through negotiation. In its proposal, the Consultant may recommend addition/deletion of tasks
or modification of tasks in describing its particular understanding and approach for the project.
Proposals must clearly identify any elements of the proposed scope of work that would not be provided
by the prime Consultant. Any sub-Consultants which comprise the overall Consultant team must be
identified along with a description of past working history between the firms.
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The City desires to complete the proposed work in a diligent manner. Proposals must clearly indicate the
Consultant’s anticipated schedule given their staffing and current and projected work load commitments.
The proposal shall include a proposed schedule of events necessary to complete the work. The schedule
shall include a process and schedule for the submittal of draft products for City review prior to final
submittals.
Prior to receiving notice to proceed after negotiations, before any data collection the Consultant must
submit a project plan. The project plan will include the following:
1) A map showing the study area boundaries and flight path at a reasonable scale (approx.
1:150,000)
2) Documentation specifying altitude, air speed, scan angle, scan rate, and other flight and
equipment information deemed appropriate.
3) A chart of areas of high Position Dilution of Precision (PDOP), or a list showing the time of the
beginning and end of high PDOP.
4) The proposed ground control plan containing Airborne GPS support. If necessary, the Consultant
shall obtain all rights of entry, be responsible for all GPS control information and show all National
Spatial Reference System (NSRS) monuments that will be used for the GPS base stations for
airborne GPS control.
Failure to comply with any of these provisions may result in the rejection of the proposal.
Digital Imagery Specifications:
Orthoimagery shall be acquired only on clear days, leaf-off conditions, with no snow and minimal puddling
of rain water or other weather-related effects obscuring the ground surface. At a minimum, National Map
Accuracy Standards for the production of the Orthoimagery must be adhered to. The camera and
magazines shall meet or exceed the most recent USGS specifications for aerial camera systems.
Aerotriangulation/bundle adjustment shall be performed by the current state-of-the-art analysis software
to maximize accuracy of the data.
o Photographic Conditions
x Tree Cover. Photography shall be undertaken while the leaves are off the deciduous trees.
x Clouds. Clouds or cloud shadows must not appear on the imagery. High, thin overcast is
permitted above the flying altitude if it does not cause ground mottling or a discernable reduction
in light levels and/or ground object shadows.
x Well-Defined Images. Collect imagery to obtain well-defined images. Do not attempt imagery
acquisition where the ground is obscured by haze, smoke, smog, dust, or falling snow, sleet, rain,
or other obscuring phenomena. Do not collect imagery when ground is covered by water (flood),
snow, or ice.
x Visibility. The minimum visibility at the time of exposure must be 10 miles or greater.
x Sun Angle. The majority of the project area will be collected when the sun angle is not less than
40°. In areas with tall trees or areas with significant urban development with buildings 3 stories
or taller (such as downtown Bozeman), increase the minimum sun-to-horizon angle to acquire the
photography during the times of minimal shadow.
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x Tilt will not exceed four degrees for any photographic frame and will average not more than two
degrees for any ten consecutive frames. Relative tilt exceeding six degrees between any two
successive frames may be cause for rejecting that portion of the flight lines.
x Crab angle as measured from the average line of flight will not exceed five degrees. The course-
heading differential between any two successive exposures will not exceed five degrees.
x Forward overlap will be at least 55 percent between consecutive exposures. The average sidelap
will be at least 20 percent.
o Image Quality/Radiometry
x There shall be no areas of an orthophoto where the process was incomplete due to image gaps or
lack of data.
x All digital orthophotos shall be radiometrically adjusted as necessary so that adjacent digital
orthophotos can be displayed simultaneously without an obvious visual edge seam between
them. Localized adjustment of the brightness values shall be performed to minimize tonal
differences between the join areas. For this adjustment, the orthophoto judged by visual
inspection to have the better contrast shall be used as the reference orthophoto. Localized
brightness values of the adjacent orthophoto shall be adjusted to that of the reference
orthophoto. When possible and feasible, the area adjusted should be bounded by a tonal break
ground feature such as a road, field line, shadow line, etc. The radiometric adjustment should not
compromise the accuracy, clarity, or resolution of the orthophoto.
x Prior to undertaking full digital orthophoto production, the Consultant shall furnish the City with
sample digital images to evaluate and accept as examples of overall image quality. The City will
select one image, which will become the standard to which all subsequent digital orthophotos will
be compared for acceptance/rejection relative to image quality.
Control:
All horizontal and vertical control necessary to provide the deliverables requested in the proposal; digital
orthoimagery, and planimetrics meeting the standards specified herein shall be completed by the
Consultant.
Ground control must be adequate to support the accuracy specifications identified herein. Some existing
vertical and horizontal control may be available for this area. The Consultant shall review all horizontal
and vertical control for accuracy and completeness.
If the existing control is not deemed sufficient, then the Consultant shall describe any additional control
work necessary to provide a DTM meeting the specified standards. The Consultant shall provide in the
proposal, a draft control plan. The City will not perform any surveying for this project.
Any survey work performed by the Consultant shall be done in conformance with Montana survey laws,
regulations and administrative rules.
For survey control work performed by the Consultant (or sub-Consultants) the following requirements will
pertain:
A brief survey control report in PDF and/or other digital format shall be delivered that contains:
x One digital copy of the control diagram (the survey network scheme).
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x One copy of all field notes, horizontal and vertical computations, and control network
adjustments, with the connections to the National Spatial Reference System shall be clearly
shown.
x A digital copy of the new control points established to control the photogrammetry with all
observations and ties, a point description, digital photograph of the monument and the control
point location context, and coordinate values in geographic coordinates and in both UTM Zone
12 NAD83 (2011) meters, NAVD88 meters and Montana State Plane NAD83 (2011) meters,
NAVD88 meters.
x Survey party personnel, equipment, software, and procedures used.
Deliverables:
The respondent shall submit a delivery schedule.
The Consultant shall deliver to the City for acceptance the following items:
1) Flight Plan and Logs: The flight plan shall be distributed to and approved by the City prior to
acquisition.
a. Project flight lines on a map displaying the project area and distributed as a feature class or
Shapefile suitable for inclusion in ESRI ArcGIS software. Flight lines shall include flight line
numbers within the feature attribution, and metadata shall describe the software used to
generate the flight plan.
b. Approximate number of exposures for the intended coverage area.
c. Image centers of each exposure with date and time of acquired photo included. The data shall
be distributed as a feature class or Shapefile suitable for inclusion in ESRI ArcGIS software.
d. Upon completion of acquisition the Contractor shall provide a collection report summarizing
the flight and logs.
2) Calibration Reports: Camera and digital sensor calibration reports along with a product
characterization report validating USGS Digital Aerial Type standards shall be provided.
3) Survey Control Report: The following information shall be provided in a final survey report.
a. Positional AGPS data and a statistical summary of the AGPS adjustment results.
b. IMS sensor orientation and a statistical summary describing the overall accuracy of adjusted
IMU data.
c. Differentially corrected GPS ground control data used to supplement the AGPS data and a
narrative describing all aspects of the ground survey including locations and extent of the
network.
d. The results and analysis of the constrained least squares adjustment, tables summarizing GPS
misclosures, and a description of equipment and software used.
4) Aerial Triangulation Report: An aerial triangulation report shall be provided upon completion of all
adjustments. This report shall include,
a. An executive summary of the Aerotriangulation solution and its results.
b. A detailed narrative of the adjustment process and quality checks for accuracy.
c. A description of the software and equipment used to perform the adjustments.
d. A listing of the final adjusted coordinates in a spreadsheet or format agreed upon during
contract negotiations.
5) Digital Orthoimagery Images:
a. 1”=50’ map scale (i.e., 1”=300’ photo scale), 3” pixel, 4-band (RGB and NIR), true color,
orthorectified digital imagery
b. Seamless mosaic at 1-foot (Optional: 0.5-foot) pixel resolution.
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c. Edge-matched, non-overlapping tiles based on the tile scheme provided by the City and shall
register to the existing City orthophotography database.
d. Images with edge artifacts, mismatch, or voids will be rejected.
e. Breaklines used to correct bridge and overpass distortion shall be provided in a feature class
or Shapefile suitable for inclusion in ESRI ArcGIS software.
6) Building Footprints: Extracted polygons.
7) Progress Reports: Progress reports shall be provided by e-mail on a weekly basis for aerial
photography acquisition until delivery of the pilot project, and bi-weekly thereafter until the project
is complete. These informal reports shall consist of a summary of production status, major activities
completed during the most recent reporting period, description of issues and corrections, and
associated status maps or acquired flight lines.
8) Metadata: Complete FGDC-compliant metadata shall be provided for all data in an XML format. The
metadata shall provide a complete description of identification, data quality, spatial data
organization, spatial reference, and entity and attribute information. The metadata for orthorectified
imagery shall also include acquisition dates.
9) Project Report: A final project report summarizing the flight acquisition, orthorectification process
and data collection, quality control and assurance, and deliverables provided shall be provided upon
completion of the project. This report shall include a detailed narrative of the analysis, accuracy
assessment, and validation of all deliverables.
All final data shall become sole property of the City with no restrictions on use or dissemination.
Final deliverables will be stored in the City’s ArcGIS SQL database and will be made available to internal
and external customers through various client applications and downloadable data files.
All data shall be delivered in both UTM Zone 12 NAD83 (2011) meters, NAVD88 meters and Montana State
Plane NAD83 (2011) meters, NAVD88 meters. For more information on the National Adjustment of 2011,
please visit the following website: http://www.ngs.noaa.gov/web/surveys/NA2011/.
Respondents shall indicate in their proposal a description of the internal quality control processes they
will utilize throughout the various phases of the project to assure that the contract deliverables will be
acceptable. The Consultant may provide forms, flow charts, or other materials to document the quality
control process.
The City retains the sole right to determine contract adherence to quality control requirements. Judgment
that the Consultant is in breach of the quality control requirements may require suspension of any phase
of the contract until such time as the City can determine that such problem(s) have been remedied.
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 in this RFP and should identifythe
item to which the responses applies.
a) Executive Summary
And executive summary that provides a high level review of the proposed proposal
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b) Firm/Inidvidual Profile
Consultant’s legal name, address, telephone number, website (if any), and email address
c) Description of Proposed Solution
A narrative describing the Consultant’s proposed approach to provide digital orthoimagery for
the greater Bozeman area.
d) Scope of Project
A summary of the proposed products or documents that will be provided at the completion of
this project
e) Related Experience with Projects Similar to the Scope of Services
Descriptions of similar projects completed.
f) Statement of Qualifications
Include the Consultant’s professional credentials, experience, and qualifications in providing the
Scope of Services stated in this Request for Proposal.
g) References
List of no more than three municipal organizations you have worked for and whom we may
contact for recommendations.
h) Present and Projected Workloads
A description of the firm’s current work activities and how these would be coordinated with the
project, as well as specific current workloads of the project team members.
i) Key Personnel
Identify each principal of the firm and other key personnel who will be professionally associated
with this contract. Describe their respective areas of expertise and contract role. Include
personalized resumes, which identify the qualifications, training, and experience of each key
personnel.
j) Additional Information
Submit any other additional information, which would assist the City of Bozeman in the
evaluation of the proposal. The City of Bozeman reserves the right to make any investigation
and solicit additional information or submittals as it deems necessary to determine the ability of
any Consultant to perform the Scope of Services stated within this Request for Proposals.
k) Affirmation of Nondiscrimination & Equal Pay (see Attachment A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.
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V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP October 9, 2022
October 16, 2022
Deadline for receipt of proposals October 24, 2022
Evaluation of proposals October 26, 2022
Notice of Interviews October 31, 2022
Interviews (if necessary) November 14, 2022
Selection of consultants November 17, 2022
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 24 at 3:00 p.m.
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
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 [3:00 p.m.] MST on [October 18, 2022].
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: Gail Jorgenson, GIS Program
Manager, gjorgenson@bozeman.net, 406-582-2972.
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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 on the following criteria and the requirements of MCA 18-8-204 et seq.
x The Consultant’s specific project approach and understanding;
x Qualifications of professional personnel to be assigned to the project;
x Capability to meet project time and budget requirements;
x Location of the Consultant in relation to project;
x Present and projected workloads;
x Related experience on similar projects;
x Recent and current work for the City.
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment C.
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
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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 Attachment C for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion,
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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,
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.
144
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:
Attachment A: Non-Discrimination Affirmation
Attachment B: 2023 Bozeman Aerial Flight Boundary
Attachment C: Professional Services Agreement
END OF RFP
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Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. 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.
3. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
2November7th
Aero-Graphics, Inc.
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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.
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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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x 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.
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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, 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
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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 and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Gail Jorgenson, GIS 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 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.
2
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
Bailey Costello
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require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
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compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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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, and MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Aero-Graphics, Inc.
Bailey Costello
Project Manager
__________________________________________________________________________
157
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159
Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Elkhorn Commissioning Group, PO Box 11826,
Bozeman, MT 59719, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose:City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date:This Agreement is effective upon the Effective Date and will
expire on the 31st day of October, 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Services:Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment:City agrees to pay Contractorthe amount specified in the Scope of Services
Fees. Any alteration or deviation from the described services that involves additional costs above the
Agreement amount will be performed by Contractorafter 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
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Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations:The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance:For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
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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, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x 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.
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Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
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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, 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
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Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
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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 and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Natalie Meyer, Sustainability 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 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.
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Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Kevin Smith, Commissioning Authority, or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay:The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
166
Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
Page 8 of 11
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 thisAgreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability:This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
167
Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
Page 9 of 11
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs:In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
168
Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
Page 10 of 11
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
169
Professional Services Agreement for Bozeman Fire Station #2 Relocation Commissioning Services
FY2023
Page 11 of 11
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ELKHORN COMMISSIONING GROUP
By________________________________ By__________________________________
Jeff Mihelich, City Manager Kevin Smith, PE / Commissioning Authority
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
170
KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655
ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719
COMMISSIONING PROPOSAL
Date: November 10, 2022
Project: Bozeman Fire Station # 2
Bozeman, MT
Attn:
Jon Henderson
Strategic Services Director
City of Bozeman
Bozeman, MT
406-582-2250
Dear Jon,
Elkhorn Commissioning Group (ECxG) is pleased to provide this proposal for
commissioning (Cx) services including pre-construction, construction phase, and building
envelope commissioning services. We will provide all Cx services compliant with the
Owner requirements, and according to commissioning best practices according to the
Building Commissioning Association (BCxA), American Society of Heating,
Refrigeration and Air-Conditioning Engineers (ASHRAE), the International Energy
Conservation Code (IECC, 2021), and other relevant standards and guidelines. This
proposal provides our commissioning fee for pre-construction phase services as well as
construction/acceptance phase commissioning.
Commissioning Requirements:
Commissioning requirements include (see also Scope of Commissioning Services
below):
x The CxA shall report results, findings and recommendations directly to the Owner
and design team
x The CxA shall review contractor submittals applicable to systems being
commissioned.
x The CxA shall assist in the development of a systems manual that provides future
operating staff the information needed to understand and optimally operate the
commissioned systems
x The CxA shall verify that the requirements for training operating personnel and
building occupants are completed
([KLELW$
171
KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655
ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719
x The CxA shall review building operation within 10 months after substantial
completion with O&M staff and occupants. Include a plan for resolution of
outstanding commissioning-related issues.
Scope of Work:
The following systems will be commissioned :
x HVAC/Mechanical Systems and Equipment:
x Lighting Controls and Plumbing systems will be commissioned according to
Owner and IECC 2018 requirements.
x Emergency Power Systems and Changeover
x Building Envelope Commissioning will be included as outlined in this proposal.
Design & Pre-Construction Phase:
1. Participation in building systems-related design and coordination meetings.
2. Work directly with the architect and engineers regarding all building systems to
be commissioned
3. Review, analyze, and provide input regarding all building systems and controls
4. Work with the Owner and design team on phasing, scheduling, and other
strategies to complete commissioning (Cx) activities
5. Evaluate constructability and operability of systems
6. Consult with, advise, assist, and provide recommendations to the Owner and
design team on building systems-related aspects of the planning and design of the
work
7. Provide information and participate in decisions regarding materials, methods,
systems, phasing, sustainability, operational factors, and costs to assist in
determinations which are aimed at providing the highest quality building,
constructed using the most sustainable construction materials and practices,
within the budget and schedule
8. Actively participate in a value engineering process anticipated to be held at
midway through construction documents.
9. Review the Programming/Planning and other applicable documents and provide
input and advice regarding scope of the Project
10. Review in-progress design and construction documents and provide input and
advice on construction feasibility and alternative methods and systems
11. Review all building envelope designs and provide recommendations (walls –
rainwater control, air and vapor barriers, thermal controls; roofs – water/air
penetrations, flashings, expansion joints; wall penetrations – thermal transfer,
vapor/air leakage, expansion and contraction)
12. Develop all commissioning specifications, pre-functional checklists, and
functional test procedures
172
KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655
ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719
13. Review completed design and construction documents prior to
subcontractor/supplier bidding/selection and suggest modifications to improve
completeness and clarity and to eliminate construction change requests due to
inconsistencies or omissions in the construction documents.
14. Comply with (where/when applicable):
a. ASHRAE Guideline 0-2013: The Commissioning Process and/or
ASHRAE Guidelines 1.1-2007 and 1.5-2012;
b. ASHRAE Standard 202-2013, The Commissioning Process for Buildings
and Systems;
c. ASTM E2813, Standard Practice for Building Enclosure Commissioning;
d. ASTM E2947, Standard Guide for Building Enclosure Commissioning;
e. ASTM E779, Standard Test Method for Determining Air Leakage Rate by
Fan Pressurization;
f. ASTM E1827, Standard Test Methods for Determining Airtightness of
Buildings Using an Orifice Blower Door;
Construction Phase (Anticipated Scope):
1. Write the Cx plan (a list of systems to be commissioned will be developed after
CxA selection)
2. Coordinate, facilities and lead Cx kick-off meeting to review and plan Cx
requirements
3. Review CM/GC submittals and shop drawings for commissioned systems
4. Attend construction coordination meetings as appropriate
5. Coordinate completion of construction Cx checklists with CM/GC
6. Monitor and perform quality assurance checks of all test/adjust/balance work and
recommend any rebalancing or corrective actions
7. Review all Requests for Information and Change Orders related to commissioned
systems
8. Review all building management and controls systems documentation developed
by the CM/GC
9. Coordinate and monitor all functional performance testing
10. Document all deficiencies, corrective action by CM/GC, and retesting performed
11. Assist with troubleshooting of any commissioned systems
12. Develop integrated systems coordination plans in conjunction with Owner’s
facilities trades, design team, CM/GC, and subcontractors
13. Provide acceptance and summary report of all results and conditions
14. Summary report shall include all fully executed construction checklists, functional
test forms, record of deficiencies and resolutions, CxA acceptance certifications,
and recommendations
15. Perform ASTM E-779 Blower Door Test
16. Review operations and maintenance manuals
173
KEVIN SMITH • kevin@elkhorncx.com • 406.403.6526 • LAGAN TODD • lagan@elkhorncx.com • 406.210.0655
ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719
17. Coordinate and provide systems and re-commissioning manual for ongoing Cx
and upkeep of commissioned systems including schedules and frequencies
18. Coordinate and participate in all operations and maintenance staff training events
involving commissioned systems and verify training has been completed
19. During occupancy and prior to expiration of the warranty period, perform
seasonal and/or deferred tests along with a post-occupancy and performance
evaluation
20. End-of-warranty period testing, review, and report of commissioned building
systems
21. Comply with (where/when applicable):
a. ASHRAE Guideline 0-2013: The Commissioning Process and/or
ASHRAE Guidelines 1.1-2007 and 1.5-2012;
b. ASHRAE Standard 202-2013, The Commissioning Process for Buildings
and Systems;
c. ASTM E2813, Standard Practice for Building Enclosure Commissioning;
d. ASTM E2947, Standard Guide for Building Enclosure Commissioning;
e. ASTM E779, Standard Test Method for Determining Air Leakage Rate by
Fan Pressurization;
f. ASTM E1827, Standard Test Methods for Determining Airtightness of
Buildings Using an Orifice Blower Door;
Fees:
Price to provide Pre-Construction/Design Phase Commissioning services as outlined in
this proposal is: Six Thousand Five Hundred Ninety Dollars: $6,590.00
Our budget to provide MEP Construction Phase Commissioning services as outlined in
this proposal and to be contracted when construction documents are complete is: Thirty-
Two Thousand Five Hundred Dollars: $32,500.00
Our budget for an ASTM E779 Blower door test for this project as outlined in this
proposal and to be contracted when construction documents are complete is: Three
Thousand Five Hundred Dollars: $3,500.00
Proposed by: _________________________
Print Name: Kevin Smith; Elkhorn Commissioning Group kevin@elkhorncx.com
Date: November 10, 2022
Accepted By: ________________________________ Date: ___________________
174
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176
First Amendment to Professional Services Agreement for K2 Ventures Inc.
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 December 7, 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 K2
Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 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 December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 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 K2 Ventures Inc.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
177
First Amendment to Professional Services Agreement for K2 Ventures Inc.
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 K2 Ventures Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
178
1 | Page
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180
Professional Services Agreement for K2 Ventures Inc.
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of 'HFHPEHU, 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, K2 Ventures IQF., 2545 Spain Bridge Road, Belgrade,
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
sufficiencywhereof being herebyacknowledged, 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:
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations:The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2)proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance:For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
x Workers’ Compensation –statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability,and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
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to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
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be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be 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 Justin Kuntz 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
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability:This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
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the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions:this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
CONT
_______________________________________________________________________________________By_
Print N
_______________________
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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
džŚŝďŝƚ
193
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.
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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:
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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
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196
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
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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
džŚŝďŝƚ
198
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,
džŚŝďŝƚ
199
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
džŚŝďŝƚ
200
K2 Ventures INC
džŚŝďŝƚ
201
Profile
Name
K2 Ventures INC
EIN:85-3254226
Address and Location
2545 Spain Bridge road,
Belgrade, Mt, 59714
Contact Persons
Justin Kuntz
President
(406) 539-0838
K2venturesmt@gmail.com
Daniel Kappes
Vice President
(406) 595-4779
K2venturesmt@gmail.com
Experience and Expertise
K2 Ventures has 20+ years experience providing snow plowing services to the bozeman
area. Using our past experience we have made our company a “one stop shop” for
snow removal needs using the following equipment and employees:
●14 Employees
●10 Trucks with plows
●Two skid steers with plows
●One loader with plow
●Two, four wheelers with plows
●Sand/salt truck
●Liquid Magnesium Chloride Truck
džŚŝďŝƚ
202
Pricing
●Hand shoveling- $65/ Hour
○Any work that involves a single person and a snow shovel.
●Four wheeler with Plow- $120/hour
○2021 Polaris 850 with Boss hydraulic plows.
●Skid steer with plow- $180/ hour
○Either a bobcat 650 or 570 with a bucket or Kage plow
●Skid steer with Snow blower- $210/ Per hour
○Either a bobcat 650 or 570 with bobcat snow blower
●Mini skid steer with Bucket- $165/ Hour
●Mini excavator- $155/ hour
○Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
●Magnesium Chloride Granular salt- 4.5/ pound applied
●Liquid magnesium chloride- $3.75/ Gallon Applied
●Sanding- $65/per hour and $.05 per pound of sand
Pricing
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References
Bozeman Public Schools
Snow removal
Mathew Stark
406-522-4879
Bozeman Code Compliance
Sidewalk snow Removal
Ken Philips
UPS
Ron Proffit
406-871-2500
US Post office
Carrie Brekke
Carrie.L.Brekke@usps.gov
Saddle Peak Property Management
Lindsay Freitas
406-599-2613
lindsay@saddlepeakproperties.com
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First Amendment to Professional Services Agreement PSA for Polymer for the Bozeman Water Reclamation Facility
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Polymer for the Bozeman Water Reclamation Facility dated October 1, 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
Neo Solutions, Inc. hereinafter referred to as “Seller.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term. Exhibit A, the Notice of Award, of the Agreement contemplated a one
year contract with the option of up to two (2) additional years upon mutual agreement of
the City of Bozeman and Neo. Solutions Inc. This First Amendment to Professional
Services Agreement constitutes the parties’ mutual agreement to extend the Agreement
through October 2023. The Agreement shall terminate on November 1, 2023 unless the
parties mutually agree to extend the Agreement for one additional year as originally
provided for in Exhibit A – Notice of Award.
2.Price.Section 3 of the Agreement, is amended to reflect a revised, mutually agreed upon
price. For this First Amendment to Professional Services Agreement for Polymer for the
Bozeman Water Reclamation Facility the City agrees to pay one dollar and ninety cents
($1.900) per pound as the purchase price. All prices include shipping and any applicable
local, state or federal taxes that may be applied to the Property to be purchased. Seller
agrees this price is firm and not subject to escalation unless agreed to in writing by the City.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
207
First Amendment to Professional Services Agreement PSA for Polymer for the Bozeman Water Reclamation Facility
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 Neo Solutions, Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
208
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AAMENDMENT NO. 1 TO SANDERSON STEWART-CLIENT TASK ORDER
1. Background Data
Effective Date of Original Agreement: May 9, 2022
Effective Date of This Amendment: November 8, 2022
Client: City of Bozeman Economic Development Department
Project No.: 18098.32 Task Order No. EDD22-004
Project: Fowler Housing Feasibility Study
2. Nature of Amendment
Modifications to services of Sanderson Stewart
Modifications to responsibilities of Client
Modifications to payment to Sanderson Stewart
Modifications to times(s) for rendering services
3. Description of Modifications
With this amendment, the design team will expand its housing feasibility analysis to include
one additional parcel of land adjacent to the Fowler Avenue corridor. Tracts 3 will be added
to the analysis but will not be modelled in 3D.
Tract 4 was the focus of the original Task Order. The attached exhibit identifies both tracts
that will now be included in the feasibility study.
4. Fee Modifications
Original contract fee: $ 24,710.00
Previous Amendments: $ 0.00
Contract fee prior to this Amendment: $ 24,710.00
Fee modification due to this Amendment: $ 15,270.00
Contract fee with all Amendments: $ 39,980.00
Client and Sanderson Stewart hereby agree to modify the above-referenced Agreement as set forth in
this Amendment. All provisions of the Agreement not modified by this or previous Amendments
remain in effect.
CLIENT SANDERSON STEWART
By: By:
Printed: Printed: Chris Naumann
Title: Title: Associate | Senior Planner
Date: Date:
218
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Second Addendum to Professional Services Agreement for Public Works Department Public Relations Services
Page 1 of 2
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND ADDENDUM TO THE PROFESSIONAL SERVICES 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,” The
Nest Collective, LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated December 1, 2020 (the Agreement) is extended for an additional one
(one) year period. The Agreement shall terminate on December 1, 2023.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONTRACTOR (The Nest Collective, LLC)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Kendra Callantine
Title: Principal
237
Second Addendum to Professional Services Agreement for Public Works Department Public Relations Services
Page 2 of 2
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
238
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GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 3
TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
Pursuant to Article 4.5 of the Preconstruction Services Conditions Agreement between Owner and
Construction Manager this amendment dated the 6th day of December 2022, between City of Bozeman
(“Owner”) and Martel Construction, Inc. (“Contractor”) for the Bozeman Public Library, hereby
establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth
below:
GUARANTEED MAXIMUM PRICE FOR BOZEMAN PUBLIC LIBRARY
The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the
Work and the Construction Manager’s Fee is as follows:
Base Bid
General Requirements $230,789.00
Existing Conditions $46,800.00
Concrete $11,044.00
Masonry $18,500.00
Steel $50,401.00
Wood & Plastics $553,636.00
Thermal & Moisture Protection $47,252.00
Doors & Windows $358,721.00
Finishes $626,222.00
Specialties $2,202.00
Equipment $28,033.00
Furnishings $57,811.00
Fire Suppression $41,558.00
Plumbing $65,329.00
HVAC $110,350.00
Electrical $922,617.00
Electrical Allowance $16,904.00
Communications $38,426.00
Site Improvements $3,034.00
Site Specific Requirements $152,990.00
Audio/Visual $226,898.00
Base Bid Subtotal $3,609,517.00
General Liability Insurance $33,102.00
Gross Receipts Tax $3,620.00
Builders Risk $13,389.00
Bond $25,291.00
240
Construction Fee $175,137.00
Construction Contingency $102,784.00
Base Bid Total $353,323.00
Pre-Construction Services Total $21,560.00
TOTAL GUARANTEED MAXIMUM PRICE $3,984,400.00
CONTRACT TIME
The date of Substantial Completion for the Work outlined above is: 12 months from Notice to Proceed
OWNER: CONTRACTOR:
City of Bozeman Martel Construction, Inc.
121 N. Rouse Ave. 1203 S. Church Ave.
Bozeman, MT 59715 Bozeman, MT 59715
By:__________________________ By: __________________________
Jeff Mihelich, City Manager Travis Kabalin, Vice President
241
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City of Bozeman Term Contract
Housing and Economic Development Project Financial Analysis and Related
Services
Task Order 6
PROJECT: Housing and Economic Development Project Financial Analysis and
Related Services – Financial Feasibility and Needs Analysis – Bozeman Wallace Works
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Baker Tilly Municipal Advisors, LLC for Housing and
Economic Development Project Financial Analysis and Related Services.
This Task Order is dated December 6, 2022 between the City of Bozeman and Baker
Tilly Municipal Advisors (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC
SCOPE OF WORK: The scope for this task order is for work on housing and economic
development financial analysis and related services as request by the City as described
in the attached scope of work requested.
COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on
the attached scope of work and rate sheet previously provided.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Baker Tilly Municipal Advisors, LLC
Jeff Mihelich, City Manager Mikaela Huot, Director
243
1
Scope of Work
Bozeman Wallace Works TIF Assistance Request
City of Bozeman, Montana
Financial Feasibility and Needs Analysis November 2022
The City of Bozeman (the “City”) received a request for TIF assistance from Nest Partners /
Wallace Works (the “Developer”) for the proposed development of the Wallace Works Project (the
“Project”) that would include a mixed-use commercial and residential area and structured parking.
The Project is proposed to be developed in the Northeast Urban Renewal District on the corner
of Wallace and Tamarack.
A public parking garage is proposed as part of the project and would provide for over 200 parking
spaces along with covered bike parking. The parking would support the proposed private
development, as well as provide for new public parking spaces. The Project would include
improvements to the pedestrian systems with public open plaza space. The Developer has
indicated there is a financial gap based on the current project scope including construction of the
parking garage and additional improvements, for which tax increment financing could be a tool to
finance a portion of the costs. The structure of assistance has been proposed that the Developer
construct the entire project (commercial, residential, and parking structure) and the City would
purchase the parking structure, with the intent of leasing back a portion of the spaces to support
the private development, with the remaining spaces available for general public use. The purpose
of this document is to outline a scope of work, estimated fee and time frame for completion. Baker
Tilly’s proposed scope of work includes the following activities:
Phase 1: Preliminary Revenue Projections and Financial Feasibility
Objectives
¾ To prepare preliminary tax increment revenue projections based on developer provided
information
¾ To provide initial project financial feasibility
Analysis
1) Preparation of tax increment revenues
a. Review developer-supplied information for reasonableness
b. Forecast the projected tax increment revenues to be generated over the life of the
district based on those assumptions
i. Developer provided total development costs and project assumptions
ii. Tested against available comparable-type developments
iii. Estimated range of available revenues based on valuations
c. Financial Feasibility Review
i. Assess the sufficiency of tax increment revenues to support costs
Deliverable
¾ Summary of preliminary revenue projections and initial feasibility
¾ Preliminary financial feasibility analysis
244
2
Phase 2: Financial Review and Needs Analysis and Development Agreement
Objectives
¾ To review and analyze the request for assistance as related to the proposed development
project to determine necessity and appropriateness
¾ To assist in negotiations of the financing structure and development agreement, as applicable
¾ To provide draft term sheet
Analysis
1) Financial Feasibility Review
a. Assess the sufficiency of the tax increment revenues to support parking structure
purchase and other requested costs with considerations for timing of bond
issuance to provide financial support
b. Prepare cash flow analysis based on sensitivity analysis
2) Financial Needs (But For) Analysis
a. Review developer information and comment on the reasonableness of
assumptions
i. Suggest alternative assumptions and provide sensitivity analysis as
necessary
ii. Estimate of assistance/purchase price for private parking
b. Complete a rate of return calculation
i. Cash-on-Cash Return
ii. Internal Rate of Return
iii. Identify alternative assumptions if appropriate
iv. Recalculate the return with alternative assumptions, as necessary
v. Define appropriate level of assistance based on developer’s rate of return
c. Compare developer rate of return to the “market” return for similar projects,
comment on reasonableness of return considering type of project, current market
and developer at risk equity
d. Complete sensitivity analysis with respect to developer return and need for
assistance (as appropriate) and assessment of availability of revenues
3) Review Financing Options for Parking Structure
a. Provide options for City participation/financing of the parking structure
b. Assist City staff with review of developer proposal and request as it relates to
feasibility and maintaining City security – including:
i. Reasonableness of leaseback concept
1. Review trigger points for potential City purchase
2. Perform sensitivity analysis on trigger points and potential financial
considerations for the City
ii. Consider options for mitigating City risk of financing
1. Availability of revenues from Project and District
2. Debt coverage ratios
3. Timing for purchase
4. Availability of other revenues (annual lease)
iii. Comparison of leasing public parking spaces versus purchase of ramp and
leasing back private spaces with consideration of:
1. Lease rates (public and private)
2. Utilization levels
3. Operating and maintenance expenses
4. Security of financing
5. Gross and net estimated parking revenues
245
3
iv. Assist with structuring terms of Agreement between Developer and City
4) Debt Capacity Analysis
a. The findings of the financial feasibility study will be considered. Items to be
considered will include but not be limited to:
i. Profile debt issuance alternatives with considerations for each
ii. Profile security profile and marketability of alternatives
iii. Provide estimates of potential debt structures and related financial impacts
iv. Effect on debt service coverage of revenue supported debt, if applicable
b. Consideration of expected trends in net assessed value, if applicable
Deliverable
¾ Financial analysis with determination of need for public assistance
¾ Preliminary term sheet with recommended public assistance amounts
Compensation
The work as described will be completed with an estimated fee in the range of $6,750 - $7,950.
Excluded from the fee indicated above is any out-of-pocket expenses such as travel, copies,
faxes, conference calls, or other expenses necessary to complete the project. Additional work
requested and authorized by the City outside the scope of services described in this proposal will
be invoiced at our standard hourly rates.
Completion Date
Upon full receipt of the requested information, Baker Tilly will complete Phase 1 of the above work
processes and outcomes within 1-2 weeks, subject to receipt of all information. The remaining
phases and steps of analysis will be subject to outcomes of Phase 1 and timing needs of both the
City and developer. We will be successful in meeting the requested time frames for completion
recognizing it is highly dependent on the timing and completeness of the information received. A
delay in receipt of critical material may result in an extension of the completion date.
Sincerely,
Mikaela Huot, Director
Signature Section:
The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client
by:
City of Bozeman
Name: _____________________________
Title: ______________________________
Date: ______________________________
246
4
Financial Feasibility Review: Additional Details for Financial Analysis
Project Details
x To include # of housing units, commercial square footage, etc.
x To include cost of construction for each development type
x To include information for any commercial, civic, or other uses
x To include site improvement and public infrastructure costs
x To include detailed breakdown of all costs
Project Phasing
x To include commencement and completion for each building construction, or each site
improvement, or public infrastructure
x To include date for sale of unit or lease of unit, occupancy start and full occupancy,
etc.
Project Financing
x To include development of complete sources and uses of funds
x To include detail on bank financing, i.e., principal, term, rate
x To include equity amount and timing of equity in project
x To include take-out source of bank financing for construction period, if applicable
x To include letters of commitment or interest from financial institutions
x To include amount of public financing request, and form of request, i.e., bonds, pay-
go-note, etc.
x To include gap amount to match public financing request (all equity and private
sources are insufficient to pay all costs)
x To include description of and rationale behind proposed governmental financial
assistance
Public Financing Revenue Assumptions
x To include estimated assessed value per type of construction
x To include sales per s.f. estimates (if applicable)
x To include any growth assumptions
Project Operation
x To include operating assumptions, etc.
x To include revenue and expense assumptions and increases
x To include reserve assumptions (capital, operating, etc.)
x To include rent and/or sale assumptions
x To include lease commission, sales commission assumptions
x To include complete operating pro-forma calculating internal rate of return with and
without requested financial assistance
x To include sale assumptions in appropriate future year (10 or 15), including
capitalization rate
x To include proposed tenants, job, and wage information
General Information/Assumptions
x Provide sources of data used in any of the above
247
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City of Bozeman Urban Renewal District Term Contract
Task Order Number #EDD22-005
PROJECT: Railroad Crossing Improvements at North Rouse Avenue and North
Wallace Avenue
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated December 6, 2022 between the City of Bozeman and
Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK: The scope for this task order is detailed in the attached City of
Bozeman Urban Renewal District Scope of Work – Task Order Number EDD22-005.
COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $26,605.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “percentage of completion method” whereby
Sanderson Stewart will estimate the percentage of the total work (provided on a lump
sum basis) accomplished during the invoicing period. The provisions of the Professional
Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
250
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Sanderson Stewart is pleased to provide this scope of work for construction documents,
bidding, and right-of-way services for railroad crossing improvements at North Rouse Avenue
and North Wallace Avenue in order to implement the design recommendations established in
the 2021 Quiet Zone Assessment Study.
Preliminary design and easement research was performed under Task Order No. EDD21-003.
A detailed list of assumptions and scope of services for the project are outlined below.
Scope of Work:
Phase 1 – Project Initiation
This phase of the project will include project initiation and planning tasks, including scoping and
preparation of the task order.
Phase 2 – Construction Documents
This phase of the project will include completing the construction documents from the
preliminary plans that were reviewed by MRL, MDT, and the City of Bozeman. The final plans
will be suitable for bidding and construction, prepared and stamped by a Professional Engineer in
the State of Montana. This phase of the project will also include preparation of the project manual
and engineer’s opinion of probable cost.
Phase 3 – Construction Bidding
This phase of the project will consist of construction bidding services, including the following:
•Prepare bid advertisement
•Contractor coordination throughout bidding, prepare up to two addenda
•Facilitate pre-bid meeting, prepare agenda, and distribute minutes
•Attend bid opening, prepare bid tabulation and recommendation of award letter
•Process contract documents for a single contract (electronic copies)
251
Page 2 of 3
Phase 4 – Right-of-Way Acquisition
This phase of the project includes the tasks required to acquire the necessary right-of-way (R/W)
for the project improvements to be installed for two railroad crossings across North Rouse
Avenue and North Wallace Avenue:
•Initial coordination meetings with BNSF/MRL to determine requirements for two
easements and one construction permit/temporary occupancy permit
•Prepare two graphical figures detailing proposed project improvements at the railroad
crossings following the terms of the R/W agreement
•Two road easement exhibits, and one construction permit exhibit have been prepared
with previous phases of the project and will be utilized for the acquisition agreements
•MDT is preparing an appraisal for the land to be acquired at the North Rouse Avenue
railroad crossing location from BNSF/MRL. Sanderson Stewart assumes MDT will provide
the appraised value for the acquisition agreement to be paid to BNSF/MRL and will include
it in the agreement for negotiations for the North Rouse Avenue crossing.
•Sanderson Stewart will prepare one waiver valuation for the easement to be acquired for
the North Wallace Avenue crossing utilizing a simplified appraisal process for small parcels
of land. The waiver valuation will include a flat compensation fee for the temporary
construction permit as determined by the City, as required.
•Preparation of one R/W agreement for each railroad crossing location (Rouse and
Wallace) between BNSF/MRL and the City.
•Conduct negotiation meetings (minimum of five (5) meetings) with BNSF/MRL to acquire
two easements and one construction permit on behalf of the City of Bozeman.
•Upon execution of the R/W agreements, Sanderson Stewart will assist the City with
distributing compensation funds and will record the easements/permits, as required.
The following items are specifically excluded from this scope of work:
•Construction Administration (will be scoped under a separate task order)
•Construction Staking (will be scoped under a separate task order)
•Material testing (will be scoped under a separate task order)
•SWPPP permitting and operation (by contractor)
•Land title research or title clearing
•Eminent domain proceedings, expert witness testimony, costs, or other services
necessary for legal proceedings
•Additional costs related to the actual purchase price of property interests as detailed in
R/W acquisition agreements
252
Page 3 of 3
Fees and Billing Arrangements:
Phase Fee
1.Project Initiation $820.00
2.Construction Documents $6,000.00
3.Construction Bidding $5,555.00
4.Right-of-Way Acquisition $14,230.00
Total $26,605.00
Sanderson Stewart will bill for its services on a lump sum basis with a project total of
$26,605.00. Sanderson Stewart shall submit invoices to the Client for work accomplished
during each calendar month. The amount of each monthly invoice shall be determined on the
“percentage of completion method” whereby Sanderson Stewart will estimate the percentage
of the total work (provided on a lump sum basis) accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will consist of Construction Documents within 4
weeks of the notice to proceed. The remaining schedule will be based on the timing of right-
of-way, easements and permits with both MRL and MDT, City review comments, and the
timeframe required for a public bidding process. The final plan set for bidding will be
completed within two weeks of receiving City review comments.
253
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City of Bozeman Urban Renewal District Term Contract
Task Order Number #MID22-001
PROJECT: 5th Avenue Trail – Final Design, Bidding, and Construction Administration
Services for the Midtown Urban Renewal District
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated September 29, 2022 between the City of Bozeman Economic
Development Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK: The scope for this task order is detailed in the attached City of
Bozeman Urban Renewal District Scope of Work – Task Order Number MID22-001.
COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $52,335.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “percentage of completion method” whereby
Sanderson Stewart will estimate the percentage of the total work (provided on a lump
sum basis) accomplished during the invoicing period. The provisions of the Professional
Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
255
Midtown Urban Renewal District
Scope of Work – Task Order No. MID22-001
5th Avenue Trail – Final Design, Bidding, and Construction Administration Services
9/29/22
Sanderson Stewart is pleased to provide this scope of work for final design, bidding and
construction administration services for the 5th Avenue Trail project. This work is to be done
as a part of the Urban Renewal District term contract for architectural and engineering
services.
The 5th Avenue Trail was previously designed under a separate task order in 2016. Final design
services will be completed under this task order and will include minor modifications to the
design in order to coordinate with adjacent projects, finalize the plans for City review and
revisions to address City review comments. The scope of work for this task order also
includes bidding and construction administration services for the 5th Avenue Trail. A detailed
list of assumptions and scope of services for the project are outlined below.
Scope of Work:
Phase 1 – Project Initiation
This phase of the project will include project initiation and planning tasks, including scoping and
preparation of the task order.
Phase 2 – Final Trail Design
This phase of the project will include final design of the 5th Avenue Trail that will address
adjustments needed to coordinate with the recently constructed 5th Avenue Sewer project. The
segment of trail from Hemlock Street to Oak Street was originally designed along the east side
of the right-of-way but will now be redesigned to the west side to overlap with the recently
constructed sewer access road. This phase includes an as-built survey of the sewer access road,
design revisions for the alignment shift, an Infrastructure Plan submittal to the City of Bozeman
Engineering Division, and final revisions to be completed upon receipt of review comments. This
phase of the project will also include preparation of the project manual and an updated engineer’s
opinion of probable cost.
Phase 3 – Construction Bidding
This phase of the project will consist of construction bidding services, including the following:
256
Page 2 of 3
x Prepare bid advertisement
x Contractor coordination throughout bidding, prepare up to two addenda
x Facilitate pre-bid meeting, prepare agenda, and distribute minutes
x Attend bid opening, prepare bid tabulation and recommendation of award letter
x Process contract documents for a single contract (electronic copies)
Phase 4 – Construction Administration and Inspection
This phase of the project will consist of construction contract administration and construction
observation tasks, including the following:
x Facilitate pre-construction meeting, prepare agenda, and distribute minutes
x Shop drawing review
x Construction observation and documentation based on assumed part-time observation
for 4 hours each day and a 45-calendar day construction contract.
x Respond to Contractor RFI’s
x Construction materials testing coordination and review
x Process pay applications submitted by Contractor and any necessary work change
directives, verify material quantities on all contractor pay requests
x Process the Certificate of Substantial Completion, coordinate final inspection, prepare
punch lists and verify completion
x Prepare as-built (record) drawings
x Prepare City of Bozeman close-out submittal
x Conduct two-year warranty walkthrough, prepare punch list and verify completion
Phase 5 – Construction Staking
This phase of the project consists of the construction layout, anticipated to include the following:
x Stake demolition limits
x Stake subgrade cuts for the trail one time; 25-foot spacing; 2 to 3-foot offset from edge
of path
x Stake horizontal layout of curb ramps with vertical benchmark for grade one time
x Stake culvert locations one time
x Stake signs one time
x Layout striping one time
The following items are specifically excluded from this scope of work:
x Material testing (through City term contract)
x SWPPP permitting and operation (by contractor)
257
Page 3 of 3
Fees and Billing Arrangements:
Phase Fee
1. Project Initiation $940
2. Final Trail Design $12,370
3. Construction Bidding $5,730
4. Construction Administration and Inspection $29,555
5. Construction Staking $3,740
Total $52,335
Sanderson Stewart will bill for its services on a lump sum basis with a project total of $52,335.
Sanderson Stewart shall submit invoices to the Client for work accomplished during each
calendar month. The amount of each monthly invoice shall be determined on the “percentage
of completion method” whereby Sanderson Stewart will estimate the percentage of the total
work (provided on a lump sum basis) accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will consist of an infrastructure plan submittal within
six weeks of notice to proceed. The remaining schedule will be based on the timing of City
review comments, the timeframe required for a public bidding process and the anticipated 45-
calendar day construction contract. The final plan set for bidding will be completed within two
weeks of receiving City review comments.
258
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Version April 2020
RESOLUTION 5460
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,
WHEREAS, the City Commission did, on September 13, 2022, authorize award of the
Guaranteed Maximum Price (GMP) Amendment #2 for Construction of the Bozeman Public
Library Renovation Project with Martel Construction, Inc.; 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 #2
for Construction of the Bozeman Public Library Renovation Project, as contained in Change Order
#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 Clerk is authorized and directed to attest such signature., to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 6th day of December 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
261
Version April 2020
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
262
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Quotation
QuantityType Description Unit or Lot# Unit Price Ext Price
TO:
Expiration Date: 11/17/22
ENCORE ELECTRIC MT PARENT
7125 W JEFFERSON AVENUE, SUITE 400
LAKEWOOD, CO 80235
Page : 1 of 2
Vendor
Project Info:
Project: BOZEMAN LIBRARY - P9S ADDS
Job #:8405
Bid Date:10/18/22
Bid Time:02:00 PM MDT
Quoter: Tiffani Robinson
BREAKOUTS REQUIRE NEW QUOTE
SPARES NOT INCLUDED UNLESS OTHERWISE NOTED
CONTRACTOR TO VERIFY FINAL COUNTS
***QUOTE GOOD FOR 30 DAYS***
**MATERIAL FROM ENCORE'S EMAIL ON 10/13/22
**CONTROLS PRICING IS WORST CASE SCENARIO. WAITING FOR CONFIRMATION FROM
WATTSTOPPER ON WHAT CAN BE INTEGRATED INTO ORIGINAL BOM
1. P9S ADDS - LIGHTING
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Taxes Not Included
https://customers.electricalwholesale.com/index.jsp?path=tos
Notes
From:
EWSCO BOZEMAN BRANCH 14
PHONE 406-586-8471
213 GARDEN DR.
BOZEMAN, MT 59718
Printed By: Tiffani Robinson
10/18/2022 2:38:48 PM 267
LIGHTING/CONTROLS P9S ADDS REV1
Quotation
QuantityType Description LOT # Unit Price Ext Price
Expiration 11/17/22
Page : 2 of 2
Vendor
BOZEMAN LIBRARY - P9S ADDSProject:
1FRT FREIGHT ESTIMATE
7,785.00Subtotal of 1. P9S ADDS - LIGHTING
2. P9S ADDS - CONTROLS
1 WATT NB-SWITCH-16 16 port Ethernet switch
for LMSM, DIN mounting
1 WATT LMBR-650 WIRELESS 6LOWPAN
BORDER ROUTER WITH LMPB-100
1 WATT LMPB-100 DLM Cat5 network power
booster
2 WATTSERV WSDESIGN Shop drawings
1 ON-SITE SERVICES
1 WATT LMRJ-P03 RJ45 Cables, 3 feet, plenum
rated Green
1 WATT LMRJ-P50 RJ45 Cables, 50 feet,
plenum rated Green
1 WATT LMRJ-P100 RJ45 Cables, 100 feet,
plenum rated Green
1 WATT LMRJ-C8 Non plenum rated coupler for
LMRJ cables
4,173.65Subtotal of 2. P9S ADDS - CONTROLS
Including Listed Alternates
Total 11,958.65
Taxes Not Included
https://customers.electricalwholesale.com/index.jsp?path=tos
Notes
From:
EWSCO BOZEMAN BRANCH 14
PHONE 406-586-8471
213 GARDEN DR.
BOZEMAN, MT 59718
Printed By: Tiffani Robinson
10/18/2022 2:38:48 PM 268
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271
Quotation
QuantityType Description Unit or Lot# Unit Price Ext Price
TO:
Expiration Date: 12/02/22
ENCORE ELECTRIC MT PARENT
7125 W JEFFERSON AVENUE, SUITE 400
LAKEWOOD, CO 80235
Page : 1 of 1
Vendor
Project Info:
Project: BOZEMAN LIBRARY - EL ADD
Job #:8451
Bid Date:11/02/22
Bid Time:02:00 PM MDT
Quoter: Tiffani Robinson
BREAKOUTS REQUIRE NEW QUOTE
SPARES NOT INCLUDED UNLESS OTHERWISE NOTED
CONTRACTOR TO VERIFY FINAL COUNTS
***QUOTE GOOD FOR 30 DAYS***
2EL EZ-2L Unit 88.571/EA 177.14
1FRT FREIGHT ESTIMATE Unit 50.000/EA 50.00
Total 227.14
Taxes Not Included
https://customers.electricalwholesale.com/index.jsp?path=tos
Notes
From:
EWSCO BOZEMAN BRANCH 14
PHONE 406-586-8471
213 GARDEN DR.
BOZEMAN, MT 59718
Printed By: Tiffani Robinson
11/2/2022 8:12:58 AM 272
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Ord 2115
Page 1 of 7
ORDINANCE 2115
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH
INITIAL MUNICIPAL ZONING OF REMU, RESIDENTIAL EMPHASIS MIXED USE,
AND B-2M, COMMUNITY BUSINESS MIXED, KNOWN AS THE WEST UNIVERSITY
PROPERTIES ZONE MAP AMENDMENT, APPLICATION 21409.
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 Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; 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 proper notice, the Bozeman Zoning Commission held a public hearing
on March 7, 2022 to receive and review all written and oral testimony on the request for a zone
map amendment; and
276
Ordinance No. 2115, West University Properties ZMA
Page 2 of 7
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21409 the West University Properties Zone Map Amendment,
be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on April 2,
2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
2. 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;
3. A new growth policy was adopted in November, 2020 and the REMU and B-2M complies
with the new future land use map;
4. 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;
5. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
277
Ordinance No. 2115, West University Properties ZMA
Page 3 of 7
staff analysis and report, and all submitted public comment recommended approval of the
requested REMU and B-2M districts.
6. 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.
7. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
8. 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.
21409 West University Properties Annexation Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
B-2M, Community Commercial District-Mixed:
An area of land comprised described as follows:
A tract of Land encompassing a portion of Lot 2A of Min or Subdivision No. 191B,
excepting out Lot 1 A of Min or Subdivision 503A, and Portion s of MDT ROW West of the
Centerline of South 19th Avenue, located within portion s of the South East One Quarter of
Section 14, Town ship 2 South, Range 5 East, Principal Meridian Montana, Gallatin County,
Mon tan a, an d more particularly described as follows:
Beginning at a point (P.0.B 2), which is a point that bears S 88” 13’ 47" E, a distance of
808.18 feet from the said One Quarter Corner between Sections 14 and 23 an d said
centerline of Stucky Road;
thence, N 01' 26’ 11" E, a distance of 772.28 feet to the beginning of a curve;
thence, 75.79 feet along a curve to the left, with a radius of 150.00 feet, a delta angle of 28'
56' 58", and a chord bearing of N 13' 02’ 19" W, with a chord distance of 74.99 feet to a
point;
thence, N 27’ 30’ 48" W, a distance of 288.90 feet to the Beginning of a curve;
thence, 75.79 feet along a curve to the right, with a radius of 150.00 feet, a delta angle of 28’
56' 58", and a chord bearing of N 13’ 02’ 19" W, with a chord distance of 74.99 feet to a
point;
thence, N 01” 26’ 11” E, a distance of 148.05 feet a point;
278
Ordinance No. 2115, West University Properties ZMA
Page 4 of 7
thence, S 88“33’ 49" E, a distance of 681.73 feet to a point on the centerline of West Kagy
Boulevard;
thence, along said centerline, S 88“33’ 49" E, a distance of 1415.09 feet to a point;
thence, leaving said centerline, S 07” 19’ 59" W, a distance of 222.12 feet to a point.
thence, S 28” 55' 08" W, a distance of 77.03 feet to a point;
thence, S 46” 16’ 01 " W, a distance of 79.96 feet to a point;
thence, S 00” 37’ 20" W, a distance of 89.39 feet to a point;
thence, S 88' 37’ 59" E, a distance of 626.00 feet to a point on the Centerline of South 19th A
venue;
thence, along said centerline, S 01' 35' 23" W, a distance of 893.86 feet to a point on the line
comm on to said sections 14 and 23 and the intersection of said South 19th and Stucky Road;
thence, leaving said South 19th avenue and continuing along the said section line and
centerline of Stucky Road, N 88' 13' 47" W, a distance of 1747. 93 feet to the P.0.B 2.
Said area being 2,133, 574 square feet or 48.98 acres more or less, along with and subject to
all easements of record
That the zoning district designation of the following-described property is hereby designated as
REMU, Residential Emphasis Mixed Use:
An area of land comprised described as follows:
A tract of Land encompassing a portion of Lot 2A of Min or Subdivision No. 191B,
excepting out Lot 1 A of Min or Subdivision 503A, located within portion s of the Southeast
One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal Meridian Montana,
Gallatin County, Montana, and more particularly described as follows:
Beginning at a point (P.0.B), which is the One Quarter Corner comm on to Section s 14 and
23 and upon the centerline of Stucky Road;
thence, leaving said centerline, N 01 ' 12' 35" E, a distance of 30.00 feet to a point on the
North Easement line of said Stucky Road;
thence, along said North line, S 88’ 13’ 47" E, a distance of 146.63 feet to a point;
thence, leaving said North line, N 01’ 12’ 35" E, a distance of 2298.03 feet to a point;
thence, S 88“55’ 43" E, a distance of 1323.98 feet to a point;
thence, S 09“43’ 14" W, a distance of 1032.74 feet to a point;
thence, N 88“33’ 49" W, a distance of 681.73 feet to a point;
thence, S 01“26’ 11" W, a distance of 148.05 feet to the Beginning of a curve;
thence, 75.79 feet along a curve to the left, with a radius of 150.00 feet, a delta angle of 28”
56' 58", and a chord bearing of S 13” 02’ 19" E, with a chord distance of 74.99 feet to a
point;
thence, S 27” 30’ 48" E, a distance of 288.90 feet to the Beginning of a curve;
279
Ordinance No. 2115, West University Properties ZMA
Page 5 of 7
thence, 75.79 feet along a curve to the right, with a radius of 150.00 feet, a delta angle of 28”
56' 58", and a chord bearing of S 13” 02’ 19" E, with a chord distance of 74.99 feet to a
point;
thence, S 01’ 26’ 11" W, a distance of 772.28 feet to a point on said line between section 14
and 25 and centerline of said Stucky Road;
thence, along said line, N 88’ 15' 47" W, a distance of 808.18 feet to the P.O.B.
Said area being 2,086,512 square feet or 47.90 acres more or less, along with and subject to
all easements of record.
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.
280
Ordinance No. 2115, West University Properties ZMA
Page 6 of 7
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
281
Ordinance No. 2115, West University Properties ZMA
Page 7 of 7
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 15th 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 ____ of
________________, 2022. The effective date of this ordinance is _____________, ____, 20___.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
282
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Ord 2122
Page 1 of 6
ORDINANCE 2122
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 125.265 ACRES AS REMU (RESIDENTIAL
EMPHASIS MIXED USE DISTRICT), THE SILO 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 May 2, 2022, the Bozeman
Community Development Board in their capacity as the Zoning Commission recommended to the
Bozeman City Commission that application No. 21442, the Silo Annexation Zone Map
Amendment, be approved as requested by the applicant; and
286
Ordinance No. 2122, Silo Zone Map Amendment
Page 2 of 6
WHEREAS,after proper notice, the City Commission held its public hearing on July 28,
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;
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,
287
Ordinance No. 2122, Silo Zone Map Amendment
Page 3 of 6
staff analysis and report, and all submitted public comment recommended approval of the
requested REMU 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.
21442 the Silo 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
REMU (Residential Emphasis Mixed Use District):
Legal Description
Parcels of land being:
An area of land comprised described as follows:
Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1
and Parcel 2 and the parcel described in Warrant Deed document number 2736654;
situated in the NE 1/4 of Section 27, Township 1 South, Range 5 East, Principal
Meridian, Gallatin County, Montana, and being more particularly described as follows:
Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thence
N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast
corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of
464.88 feet along the east line of said Section27 to the south line of highway right of way
per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right
of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence
along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of
17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of
288
Ordinance No. 2122, Silo Zone Map Amendment
Page 4 of 6
N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain
and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet;
thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of
62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a
distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of
1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve
having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a
distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of
1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve
having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance
of 2552.36 feet along the mid section line of Section27 to the C 1/4 of Section 27;
thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27
to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a
distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of
Beginning containing 114.69 acres more or less.
All as depicted on the SILO Zone Map Amendment Exhibit Map.
And
That public right of way for E. Valley Center as depicted on sheets 14 and 15 of the plans
for Montana Department of Transportation Project Number STPS 235-1(6)5 from station
38+00 to station 4+95.56 to include the entire width of the right of way to the northern
boundary line of the right of way to include that portion of the spur road shown on said
plans and not including Tract 2, Certificate of Survey 1372 or the right of way for
Interstate 90; and containing 10.575 acres more or less.
As depicted on Exhibit B – Excerpt Sheets from STPS 235-1(6)5
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
289
Ordinance No. 2122, Silo Zone Map Amendment
Page 5 of 6
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.”
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 15th day of November 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
290
Ordinance No. 2122, Silo Zone Map Amendment
Page 6 of 6
____________________________________
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 6th of
December 2022. The effective date of this ordinance is __________, __, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
291
S0°36'05"W 2552.36'N89°29'32"E 2221.92'N53°32'27"W 1350.11'30'30'50'N0°36'43"E189.74'N89°23'17"W50.00'N33°51'43"W120.68'50'N82°50'39"W59.79'N54°16'17"W147.56'N39°33'03"W62.05'N89°29'25"E420.77'N0°36'43"E464.88'N53°32'27"W302.20'N0°36'43"E189.78'N0°36'43"E195.38'30'30'E27SE27SE27SE27SE27S12W12W12W12W12W12WE27SE27SE27S16W16W16W16W16W 16W8W8W8W8R=523.09'L=160.42'Δ=17°34'16"CB=N9°16'00"WCH=159.79'R=1849.86'L=375.42'Δ=11°37'40"CB=N61°36'08"WCH=374.77'R=1834.86'L=619.18'Δ=19°20'05"CB=N78°53'01"WCH=616.25'COPYRIGHT MORRISON-MAIERLE, INC.,SHEET NUMBERPROJECT NO.DRAWN BY:FLD WK. BY:CHK. BY:DATE:2022Plotted by jon c. wilkinson on Oct/6/2022N:\6916\002 - Davis Ln ZMA and Annex\ACAD\Exhibits\6916002-ZMA Map.dwgZONE MAP AMENDMENTBOZEMANMONTANA6916.002SHT. 1JCWJCWMEE09/2022engineers surveyors planners scientists2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721www.m-m.net300EAST 14 SECTION 2760' COUNTY ROADEASEMENTDAVIS LANEHIGHWAY RIGHT OF WAYPER I-IG-90-6(3)287 PLANSBOOK 145, PAGE 293HIGHWAY RIGHT OF WAY PERSTPS 235 1 (4) 5 PLANSBARGAIN AND SALE DEEDFILM 143, PAGE 640VALLEY CENTER ROAD - HIGHWAY STPS 235 1 (4) 5HIGHWAY RIGHT OF WAY PERSTPS 235 1 (4) 5 PLANSBARGAIN AND SALE DEEDFILM 143, PAGE 643P.O.B.ALL THAT PART OF THE NE 14 OF SECTION 27 LYING SOUTH ANDWEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED INBARGAIN AND SALE DEEDS FILM 143, PAGE 640, FILM 143, PAGE643, AND BOOK 145, PAGE 293, EXCEPTING THEREFROM TRACT 1OF CERTIFICATE OF SURVEY No. 3035; SITUATED IN TOWNSHIP 1SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATINCOUNTY, MONTANA,SECTION 26SECTION 27PARCEL 1COS 3035EASEMENT AREA PERSTPS 235 1 (4) 5 PLANSBARGAIN AND SALE DEEDFILM 143, PAGE 643EASEMENT AREA PERSTPS 235 1 (4) 5 PLANSBARGAIN AND SALE DEEDFILM 143, PAGE 640WARRANTY DEEDDOCUMENT No. 2736653 PARCEL 1WARRANTY DEEDDOCUMENT No. 2736653 PARCEL 2WARRANTY DEEDDOCUMENT No. 2736654VALLEY CENTER SUB.LOT 1VALLEY CENTER SUB.LOT 1ALOT 7LOT 7ALOT 8LOT 8LOT 11LOT 11ALOT 11BPARKMINOR SUB 426LOT 5LOT 42022 - SILO ZONE MAP AMENDMENTZONING AREA SUMMARYREMU ZONING:TOTAL ZONING AREA:114.69 acres (4,995,896.4) Sq. Ft.LEGAL DESCRIPTION114.69 acres (4,995,896.4) Sq. Ft.BOZEMAN COMMUNITYPLAN FUTURE LANDUSE: URBANNEIGHBORHOODBOZEMANCOMMUNITY PLANFUTURE LAND USE:RESIDENTIALMIXED USEBOZEMAN COMMUNITYPLAN FUTURE LANDUSE: RESIDENTIALMIXED USEZONING - R-5INTERSTATE - 90 - HIGHWAYWESTLAKE ROAD - COUNTYROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTBOZEMAN COMMUNITYPLAN FUTURE LANDUSE: URBANNEIGHBORHOODBOZEMAN COMMUNITYPLAN FUTURE LANDUSE: URBANNEIGHBORHOODBOZEMAN COMMUNITYPLAN FUTURE LANDUSE: URBANNEIGHBORHOODBOZEMAN COMMUNITYPLAN FUTURE LANDUSE: URBANNEIGHBORHOODTRACT A-1COS 165APARCEL 2COS 3035PROPOSED ZONING: REMUThree parcels of land as described in Warranty Deed document number 2736653 Parcel 1and Parcel 2 and the parcel described in Warrant Deed document number 2736654;situated in the NE 14 of Section 27, Township 1 South, Range 5 East, Principal Meridian,Gallatin County, Montana, and being more particularly described as follows:Commencing at the E 14 of Section 27, Township 1 South, Range 5 East, thenceN.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeastcorner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of464.88 feet along the east line of said Section27 to the south line of highway right ofway per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along saidright of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet;thence along a non-tangent curve to the left having a radius of 523.09 feet and acentral angle of 17°34'16" for an arc length of 160.42 feet, said curve having a chordbearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of wayper Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. adistance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thenceN.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the lefthaving a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet;thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve tothe left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arclength of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line ofSection27 to the C 14 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feetalong the mid section line of Section27 to southwest corner of Tract 1 of Certificate ofSurvey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E.a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more orless.292
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Ord 2129
Page 1 of 5
ORDINANCE NO. 2129
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE TWO
PARCELS FROM R-4, RESIDENTIAL HIGH DENSITY, TO REMU, RESIDENTIAL
EMPHASIS MIXED USE, ON 15.037 ACRES, THE THOMAS DRIVE ZONE MAP
AMENDMENT, APPLICATION 22094.
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 Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to rezone two existing parcels from R-4 (Residential High Density) to
REMU (Residential Emphasis Mixed Use) on 15.037 acres has been properly submitted, reviewed,
and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on August 15, 2022 to receive and review all written and oral testimony on the request for a zone
map amendment; and
298
Ordinance No. 2129, Thomas Drive ZMA
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22094, the Thomas Drive Zone Map Amendment, be approved
as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 20, 2022, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
299
Ordinance No. 2129, Thomas Drive ZMA
Page 3 of 5
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 REMU 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 the Carroll on
Main Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
R-4, Residential High Density, to REMU, Residential Emphasis Mixed Use:
The property is described as:
The tract of land being the South half of the South half of the North half of the Northeast
Quarter of the Southwest Quarter, shown as Tract 1 on Certificate of Survey No. 2856; and
the North half of the South half of the Northeast Quarter of the Southwest Quarter, all in
Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana and more particularly described as:
Beginning at a C&H yellow plastic cap from which the CW 1/16 corner of said
Section 35, a Blank 1 ½ “ALUM. Cap bears N 00˚11’12” E, a distance of 497.15 feet;
Thence N 89˚38’23” E, a distance of 1324.56 feet to a calculated point on the
North-South center of section line of said Section 35;
Thence S 00˚14’48” W a distance of 497.69 feet to a 5/8” rebar,
Thence S 89˚35’36” W a distance of 1323.32 feet to a 5/8” rebar;
Thence N 00˚04’26” E a distance of 333.00 feet to a C&H yellow plastic cap;
Thence N 00˚09’37” E a distance of 165.75 feet to the point of beginning,
Containing an area of 659,624 square feet, 15.143 acres more or less.
Subject to all easements of record or apparent from visual inspection of the property.
300
Ordinance No. 2129, Thomas Drive ZMA
Page 4 of 5
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.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
301
Ordinance No. 2129, Thomas Drive ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ______ day of _______, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2022. The effective date of this ordinance is __________, ___, 2022.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
302
SHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-02621013 THOMAS DR ZMAZMA EXHIBIT A1013 THOMAS DRIVEZONE MAP AMENDMENT EXHIBITBOZEMAN, MT001 1" =0SCALE 6012030 60INITIAL ZONE MAPAMENDMENT (REMU)PROPOSED ZMABOUNDARYLEGENDTHOMAS DRIVE ZONE MAP AMENDMENT LEGAL DESCRIPTION:”FILM 14PAGE 1699 CURRENT ZONING: COUNTY(AGRICULTURAL SUBURBAN)EXHIBIT A1013 THOMAS DRIVE ZONE MAP AMENDMENTto BOZEMAN, MONTANAA TRACT OF LAND SITUATED IN THESW 1/4 OF OF SECTION 35 T1S, R5E P.M.M.GALLATIN COUNTY, MTTHOMAS DRIVELOT 3MINOR SUB 210CURRENT ZONING: B-PFILM 3PAGE 49CURRENT ZONING: REMUTRACT BCOS 500CURRENT ZONING: R-4FILM 117PAGE 3623CURRENT ZONING: COUNTY(AGRICULTURAL SUBURBAN)303
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305
Ord 2127
Page 1 of 5
ORDINANCE NO. 2127
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE
BLOCK 104, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, FROM
M-1, LIGHT MANUFACTURING, TO B-2M, COMMUNITY BUSINESS MIXED, ON
3.554 ACRES, THE BLOCK 104 ZONE MAP AMENDMENT, APPLICATION 22100.
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 Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2, Part 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to rezone a City block from M-1 to B-2M on 3.554 acres has been properly
submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on August 15, 2022 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22100, the Block 104 Zone Map Amendment, be approved as
requested by the applicant (4:1); and
306
Ordinance No. 2127, Block 104 ZMA
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on August
23, 2022, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria (4:1).
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, has found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested B-2M district.
307
Ordinance No. 2127, Block 104 ZMA
Page 3 of 5
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 the Block 104
Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby amended from
M-1, Light Manufacturing, to B-2M, Community Business Mixed District:
The property is described as:
A tract of land, said tract being all of Block 104 and portions of Aspen Street, Tamarack
Street, Wallace Avenue, Ida Avenue, and Front Street in the Plat of the Northern Pacific
Addition to the City of Bozeman, said tract being located in the Southeast Quarter of
Section 6, Township 2 South, Range 6 East, Principal Meridian Montana, said tract being
further described as follows:
Commencing at the northwest corner of said Block 104; thence N44°52'41"W, a distance
of 41.84' to the Point of Beginning; thence North 89°19'18" East, on the centerline of
Tamarack Street, a distance of 370.98 feet; thence South 37°13'59" East, on the
northeasterly right-of-way line of Front Street, a distance of 131.83 feet; thence South
00°56'01" West, on the centerline of Ida Avenue, a distance of 254.89 feet; thence South
89°23'42" West, on the centerline of Aspen Street, a distance of 452.46 feet; thence North
00°55'59" East, on the centerline of Wallace Avenue, a distance of 360.25 feet to the Point
of Beginning.
The described tract has an area of 3.645 acres, more or less. The described tract is as shown
on the accompanying exhibit and is along with and subject to any existing easements.
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
308
Ordinance No. 2127, Block 104 ZMA
Page 4 of 5
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.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
309
Ordinance No. 2127, Block 104 ZMA
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 15th 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 ___ of
____________________, 2022. The effective date of this ordinance is __________, ___, 202__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
310
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Page 1 of 35
22113 Staff Report for the Project Eighty-6 Annexation and Zone Map
Amendment
Public Hearing: Community Development Board acting in their capacity as the Zoning
Commission meeting is on November 21, 2022
City Commission meeting is on December 6, 2022
Project Description: Annexation application 22113 requesting annexation of 86.0 acres and
amendment application 22113 to the City Zoning Map for the establishment of a
zoning designation of REMU (Residential Emphasis Mixed-Use District).
Project Location: Not addressed at this time. Property is located at the Northwest of the
intersection of Davis Lane and Catamount Street and more particularly described
as a Tract 3 of COS 3035, located in Section 27, Township One South (T1S), Range
Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone
map amendment would also apply to the streets adjacent to the property.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22113 and move to
recommend approval of the Project 86 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 23113 and move
to approve the Project 86 Annexation.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 22113 and move to approve the Project 86 Zone Map
Amendment.
Report Date:November 18, 2022
Staff Contact: Tom Rogers, Senior Planner
Lance Lehigh, City Engineer
Agenda Item Type: Action - Legislative
317
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 2 of 35
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts on this application at this time.
Project Summary
The applicant and property owners seek to annex parcels totaling 86.0 acres into the City limits
and establish an initial zoning of REMU, Residential Emphasis Mixed-Use district. The
property is currently zoned “Agriculture Suburban” (AS) within the County administered
Gallatin County Bozeman Area Zoning District (the Donut).
Nearby municipal zoning to the east and across Davis Lane is R-4, High Density Residential,
and a variety of other less intense residential districts north and south of this property. To the
north and of the subject property the Commission recently annexed and established an initial
zoning designation of REMU on a 115 acre property named the Silo Annexation, Application
21442. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates
the property as “Urban Neighborhood” which includes the REMU district as an implementing
zoning district.
The property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street).
Upon future development the property will be bounded by an extension of Catamount Street,
a minor arterial street, on the south, and North Ferguson Avenue to the west, a collector street,
and a local street on the north side of the property. The proposed annexation would bring in
additional right of way to build out Davis Lane to the full city street classification as would be
required with future development. Additional right of way is required with this annexation to
accommodate the future construction of Catamount Street and Ferguson Avenue.
The property is currently vacant with no existing development or city services on the parcel.
The property is surrounded to the west with rural residential uses, to the south and north are
still in agricultural uses, and to the east and across Davis Lane is the Cattail Lake Subdivision
development.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
318
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 3 of 35
No public comment has been received on the application.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on November 21, 2022 and forwarded a recommendation to the City
Commission to adopt the requested REMU zoning (6:0).
A video recording can be viewed at the following link:
https://bozeman.granicus.com/player/clip/1919?view_id=1&redirect=true&h=5910bbd43bf7
c2973d95d55c8bc7d0fc
Review begins at time stamp 1:10:05
No public comment was heard on the application.
City Commission Alternatives
1. Approve the application;
2. Approve modifications to the requested 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 on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
319
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 4 of 35
TABLE OF CONTENTS
EXECUTIVE SUMMARY.......................................................................................................2
Unresolved Issues................................................................................................................2
Project Summary .................................................................................................................2
Community Development Board (Zoning Commission) Summary....................................3
City Commission Alternatives.............................................................................................3
SECTION 1 - MAP SERIES:....................................................................................................5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION...........................................10
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...13
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS.......................................13
Annexation.........................................................................................................................13
Zone Map Amendment......................................................................................................14
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS.................................14
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............21
PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................31
APPENDIX A - NOTICING AND PUBLIC COMMENT.....................................................32
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING....................32
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF.............................35
FISCAL EFFECTS..................................................................................................................35
ATTACHMENTS....................................................................................................................35
320
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 5 of 35
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
Subject
property
Silo
annexation
property
321
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 6 of 35
Map 2: Project Map
322
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 7 of 35
Map 3: BCP 2020 Future Land Use Map
Subject
property
323
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 8 of 35
Map 4: Existing City Zoning
Subject
property
REMU
324
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 9 of 35
Map 5: City boundary context map
325
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 10 of 35
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. Naming Term. The documents and exhibits to formally annex the subject property must
be identified as the “Project Eighty-6 Annexation”.
2. Map Format Term. An Annexation Map, titled “Project Eighty-6 Annexation Map”
with a legal description of the property and any adjoining un-annexed rights-of-way
and/or street access easements must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied as a PDF for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineers Office. This map must be acceptable to the Director of Public Works and
City Engineers Office, and must be submitted with the signed Annexation Agreement.
3. Ferguson Avenue is classified as a Collector in the Bozeman Transportation Master
Plan (TMP), which has a minimum right-of-way ROW width of 90 feet. The applicant
must provide their respective portion of the ROW necessary to follow the alignment
shown in the transportation plan as a public street and utility easement where Ferguson
Avenue is adjacent to or crosses the property. The easement will be required with future
development once the final alignment has been determined.
4. Catamount Street is classified as a Minor Arterial in the Bozeman Transportation
Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The
applicant must provide their respective portion of the ROW necessary to follow the
alignment shown in the transportation plan as a public street and utility easement where
Catamount Street is adjacent to or crosses the property.
5. Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan
(TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must
provide their respective half of the ROW from the centerline of the existing ROW as a
public street and utility easement where Davis Lane is adjacent to the property. A 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.
6. Timing Term. The applicant must execute all contingencies and terms of said
Annexation Agreement with the City of Bozeman within 60 days of the distribution of
the annexation agreement from the City to the applicant or annexation approval shall
be null and void.
7. Impact Fee Notice Term. The land owners and their successors must pay all fire, street,
water and sewer impact fees at the time of connection; and for future development, as
required by Chapter 2, Bozeman Municipal Code, or as amended at the time of
application for any permit listed therein.
326
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 11 of 35
8. SID Waiver. If they do not already exist the applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SIDs) for the following:
a. Street improvements to Catamount Street from E. Valley Center to Hidden Valley,
Ferguson Avenue from E. Valley Center to Cattail Street, and Davis Lane from E.
Valley Center to Baxter Lane including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
b. Intersection improvements at E. Valley Center and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage
c. Intersection improvements at Davis Lane and Catamount Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Catamount Street and Ferguson Ave including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm.
e. Intersection improvements at Davis Lane and Cattail Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. 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.
9. Notices. The Annexation Agreement must include the following notices:
a. Storm Water Master Plan. The Annexation Agreement must include notice that,
prior to development, the applicant will be responsible for preparing a storm water
master plan in conjunction with future development. The storm water master plan
shall address maintenance and operations until and unless the City affirmatively
assumes responsibility for maintenance and operations of stormwater facilities
within the area of the annexation.
b. Extent of Service. The Annexation Agreement must include notice the City will,
upon annexation, make available to the Property existing City services only to the
extent currently available, or as provided in the Agreement.
c. Verification of Municipal Service. The Annexation Agreement must include notice
that there is no right, either granted or implied, for Landowner to further develop
any of the Property until it is verified by the City that the necessary municipal
services are available to the property.
d. Municipal Service Installation. The Annexation Agreement must include notice
that, prior to development, the applicant will be responsible for installing any
facilities required to provide full municipal services to the properties in accordance
with the City of Bozeman's infrastructure master plans and all City policies that
may be in effect at the time of development.
327
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 12 of 35
e. Utility Easements. The Annexation Agreement must include notice that utility
easements may be required to be provided by the landowner at the time of
development to ensure necessary municipal services are available to the property.
f. Assessments. The agreement must include notice that charges and assessments may
be required after completion of annexation to ensure necessary municipal services
are available to the property.
g. Impact Fees. The Annexation Agreement must include notice that the City will
assess system development and impact fees in accordance with Montana law and
Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
h. Impact Fees. All procedural terms necessary to establish the Annexation
Agreement in conformance with state law and municipal practice will be included
with the final Annexation Agreement.
10. Municipal Connection Term. The Annexation Agreement must include notice that the
applicant must connect to municipal services and will be responsible for installing any
facilities required to provide full municipal services to the property in accordance with
city policy at the time of connection.
11. CIL of Water Term. The applicant must contact the City’s Engineering Department to
obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to the adoption of Resolution of Annexation, if
applicable.
12. 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.
Advisory Comments
1. Annexation and Zone Map revisions are required prior to final action as detailed in the
Planning and Engineering comments.
2. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems -
The subject property is located within the Baxter Creek Sewer Drainage Basin, which
currently does not have any wastewater infrastructure to service the proposed
annexation. The applicant is advised that the City does not allow private lift stations or
sanitary sewer basin jumps. Therefore, all sanitary sewer flows must be routed to the
drainage basin that serves the area as identified in the City of Bozeman Wastewater
Collection Facilities Plan. The applicant is advised that the City's wastewater facility
plan identified the need for a future sanitary lift station (Hidden Valley Lift Station)
and force main. Upon future development, a new lift station and associated
infrastructure must be in place to serve the proposed area.
3. The applicant is advised that the annexation area is located on the edge of the City's
existing pressure zone. New development may be required to reduce system pressure
as outline in the City's adopted facility plan. In addition, transmission mains will be
required to adequately loop the system as outline in the facility plan.
328
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 13 of 35
4. A Class I shared use path as described in the most recent facility plan addressing shared
use path location and design standards will be required upon development of the subject
property. The location must be reviewed and approved in coordination with the City.
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. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Project Eight-6 Zone Map Amendment.” All required
documents must be returned to the City within 60 days of the City Commission action to
annex the property or the preliminary approval shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “Project Eighty-6 Zone
Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to
the City Engineer’s Office, and must be submitted within 60 days of the action to approve
the zone map amendment. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent right-of-ways or street easements,
and total acreage of the property to be rezoned; unless the property to be rezoned can be
entirely described by reference to existing platted properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time.
The City Commission will hold a public meeting on the annexation on December 6, 2022. The
meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
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Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 22113.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on November 21, 2022 and will forward a recommendation
to the 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 hearing on the zone map amendment on December 6,
2022. The meeting will begin at 6 p.m. 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.
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 east.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion Not Met. The subject property is not wholly 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 is currently vacant. 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. The applicants intend to develop the property after annexation as evidenced
by the request for REMU zoning.
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 will create a peninsula to the west similar to the Silo
Annexation recently reviewed and approved. However, this property in conjunction with the
Silo property begins infilling un-annexed area between existing city boundary to the south and
the extension of the city boundary to the north and across I-90 with the annexation of the
Nelson Meadows property. See image 5 above.
The parcel is quite large with a breadth quarter mile and a depth of approximately a half mile.
Irregular extensions are not prohibited in and of themselves. Given the size, staff concludes
this is not an irregular extension. 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 Davis Lane to the
east which is designated by the City as a minor arterial. Easements for Ferguson Road are
required by the terms of annexation. An easement is required on the southern boundary for the
future extension of Catamount Street.
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A proposed shared use path has been identified adjacent to the watercourse in the middle of
the property. In addition a future trail is indicated in two locations according to the PROST
Plan. The PROST plan is currently being updated. The exact location of the shared use path is
typically not identified at time of annexation. Upon development of the concept plan and
development plans on the subject property will establish its location in conjunction with the
most current relevant facility plan.
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.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Criterion Met. The subject property is approximately 86 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 11. 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 annexation
requires 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.
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Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for
Davis Lane, Ferguson Avenue, and Catamount Street. The Recommended Terms of
Annexation include requirements for these right of way provisions. See Terms of Annexation
3, 5, and 5.
A Class I trail is designated according to the PROST Plan. No development plans were
provided with the annexation and zoning applications. The adjacent properties to the north and
south are undeveloped. A full wetland delineation, floodplain analysis, and watercourse
typology determination from the appropriate review authority has not been completed.
Therefore, describing and adopting an easement for the future construction of the pathway is
not practicable at this time. As noted above an advisory comment is included to ensure all
parties are aware of future development requirements. In addition, as with all development in
the city, pursuant to section 38.400.110, easements, when required, and construction standards
ensure Class I pathways are required where identified by the PROST Plan. See advisory
comment No. 5.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of REMU. See
the zone map amendment section of this report for analysis of the zone map amendment
criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment Criterion
A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
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recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on November 21, 2022. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on December 6, 2022.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of REMU, Residential
Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed on the east by Davis Lane which is a minor
arterial and paved to the edge of the subject property.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of annexation 11 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
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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.
Criterion Met. City services are not currently being provided to this property as it is vacant.
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
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Recommended Term of Annexation 2. The map 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 and there are no existing
buildings on the site. The annexation agreement will provide notice of obligations to pay
impact fees at times of triggers as required in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. Suggested terms of annexation include a notice that the agreement, once
prepared and provided to the applicant, must be signed and retuned within the stated time
period. This policy will be implemented only if the Commission acts to grant approval. If the
application is denied then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation
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
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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 no existing septic systems or wells that will need to be abandoned.
All future development will be required to connect to city services.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
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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
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the REMU district is an implementing district of the
Urban Neighborhood.
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The applicant is requesting REMU for the entire property, which is classified as a mixed-use
zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and to
provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by a
variety of objectives as detailed in Appendix B in this report. In other words it is a very
permissive zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
supported by the REMU district For example, the precept that urban design should integrate in
residential and commercial land use activities, multimodal transportation, and open spaces is
supported by the REMU district implementation strategies #5. Secondly, precept that a variety
in housing and employment opportunities are essential is supported by the REMU district
objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another.
This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement.
Finally, the City intends to create a healthy, safe, resilient, and sustainable community by
incorporating a holistic approach to the design, construction, and operation of buildings,
neighborhoods, and the City as a whole. Developments should contribute to these goals and be
integrated into their neighborhood and the larger community. This goals is implemented by the
zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but
overall, the REMU district is supportive of the BCP 2020.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
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opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
N-1.1 Promote housing diversity, including missing middle housing.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
Goal N-3: Promote a diverse supply of quality housing units.
The requested REMU district supports all three of the above as it authorizes a wide range of
housing types, lot sizes, and services to create a mix of housing.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested REMU zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The property in question is contiguous to the City limits on the east. It adds approximately
86 acres to the City limits that is available for urban development.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Refer to previous response (RC – 3.3 response)
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with City
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emergency services including police, fire and ambulance. Future development of the property
will be required to conform to all City of Bozeman public safety, building and land use
requirements. The City provides emergency services to adjacent properties and no obstacles
have been identified in extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the BCP 2020. Public health and safety will be
positively affected by requiring the two existing homes and new development to connect to
municipal sanitary sewer and water systems, which will prevent groundwater pollution and
depletion by wells and septic systems.
As noted in Criterion B, further 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 annexation and development of this site will facilitate
expansion of the non-motorized travel network with placement of a multi-use trail along water
course. Presence of the trail will facilitate non-motorized travel and recreational activities
supportive of personal health.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts extensive
planning for municipal transportation, water, sewer, parks, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions and
identify enhancements needed to provide additional service needed by new development. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction.
The City’s infrastructure plans show the necessary water, sewer, and streets can be provided
for this site. In conjunction with any future development proposal specific analysis of
additional demand from that development will be required and impacts must be mitigated. A
large share of Chapters 38 and 40 of the municipal code and the state Subdivision and Platting
Act are focused on ensuring provision of adequate infrastructure and services concurrently
with development. The annexation agreement associated with this project will contractually
bind the current and future landowners to conform to municipal standards for infrastructure.
See Section 5 above. See also the advisory comments at the end of this report.
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.
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38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
See also comments under Criterion C.
All future construction must extend services in conjunction with subdivision and site
development. Those extensions must meet current standards and will advance this standard.
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
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.
The site has watercourse and likely wetlands running through the west central portion of the
property. The City requires protection of wetlands. This requirement applies to all zoning
districts. This will support additional light and air beyond what would otherwise be applicable
on the site.
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural
protection zone which requires 20 acres per home. The site is presently a small grains field.
Any development under Bozeman zoning will generate more traffic, on foot, bicycle, or
vehicle, than a field.
To meet the adopted standards of 38.400, when a development is proposed, it will be
responsible for frontage improvements along Davis Lane as well as Catamount Street and
Ferguson Avenue when triggered. In addition, the City’s proposed trails plan includes a shared
use path on the property. Future development will be required to provide these improvements
which will enhance the city’s motorized and non-motorized transportation systems. Local
streets will be laid out and constructed as development proceeds. Sidewalks and bike facilities
are minimum standards and will be constructed as needed.
342
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22113 Page 27 of 35
The site is not yet addressed. Depending on where you attempt to assess the walk score
there is a variability from a score of 1, a transit score of zero, and a bike score of 34 for 235
Hidden Valley Road to a score of 5, a transit score of 7, and a bike score of 32 for 3495 Davis
Lane. 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 under development and therefore diversity of uses is less than in fully
established areas. There are no adopted development standards relating to the walk score. If,
as suggested by the applicant, their statement of constructing mixed-use, may eventually
improve these scores.
According to Walk Score® the walks score measures the walkability of any address based on
the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood. The
character of the area is emerging. The subject property is adjacent to low to moderate density
residential uses to the west, higher intensity commercial and residential uses to the east, and
undeveloped property to the south and north. However, the Silo annexation property, also
zoned REMU, is further to the north. The REMU district allows for a wide range of residential
uses which allows for consideration of existing development to the east and west. In addition,
the proposed zoning is in accordance with the Bozeman Community Plan’s future land use
designation of Urban Neighborhood
Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and future commercial.
343
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 28 of 35
Creating a more dense residential development with commercial services adjacent to a higher
intensity commercial area is a compatible use. In addition, the proposed zoning is in
accordance with the Bozeman Community Plan’s future land use designation of Urban
Neighborhood.
H. Character of the district.
Criterion Met. The proposed REMU zoning promotes the character of the district as the
intent of the Residential Emphasis Mixed-use District is to:
“… establish areas within Bozeman that are mixed-use in character and to provide
options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood.” Described in Appendix B
below the district employs nine aspirational statements to encourage developers to
design and construct developments that meet the intent and purpose of the district.
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
344
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 29 of 35
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses
within walking distance and a wider range of housing types
With such a broad intent and purpose statement is difficult to find the REMU district would
not be promotive of a district’s character. The applicant states the obvious that the REMU
district, “will allow for similar and additional compatible uses and allow for increased
residential density and small scale retail and restaurants…” However, other residential zoning
districts allow the same residential structure types and densities as the REMU district. The
REMU district allows great latitude for large scale commercial use as described in Table
38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is
no restrictions to convenience uses, offices, general service use, short term rentals, although
hotels are limited to 40,000 square feet.
345
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 30 of 35
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of
the number, shape, and area as are considered best suited to carry out the purposes [promoting
health, safety, morals, or the general welfare of the community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the
city's adopted growth policy. Elements of compatible development include, but are not
limited to, variety of architectural design; rhythm of architectural elements; scale;
intensity; materials; building siting; lot and building size; hours of operation; and
integration with existing community systems including water and sewer services,
natural elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in REMU to be
compatible with adjacent development and uphold the residential character of the area. As
noticed in the growth policy under discussion of this criterion a local street is considered an
adequate separation between different uses and districts to minimize impacts, see page 77 of
the Bozeman Community Plan 2020.
The existing character of the site is as a field. Any change in zoning will modify the essential
character of the property. To the east is the City limits with various higher density zoning
districts. To the west are a variety of zoning districts and unzoned rural subdivisions create by
occasional sales, filing of certificates of survey, family transfers (no longer owned by the
original family), boundary relocations, and other options. Directly to the west is the Hidden
Valley Mobile Home Park which is owned by a management company in San Diego, CA
The zoning amendment is in conjunction with annexation of the property. It is appropriate to
zone the annexing area consistent with the current growth policy and other standards of the
City. The amendment does not alter the allowed uses or standards within the adjacent unzoned
rural properties.
346
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 31 of 35
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
the growth policy. The proposed REMU zoning designation is suitable for the property’s
location and adjacent uses.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the subject property. The amendment is for the
zoning map and does not alter allowed uses on adjacent property.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is access
to the city’s services, including streets, thus is able to support a higher intensity of uses as
allowed within the REMU zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Residential”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
347
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 32 of 35
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on November 6 and 13, 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 November 23, 2022, no written comments have been
received on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and to
provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings,
two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
348
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 33 of 35
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
i. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
j. Support compact, walkable developments that promote balanced transportation
options;
k. Have residential as the majority use with a range of densities;
l. Provide for a diverse array of commercial and civic uses supporting residential;
m. Have residential and commercial uses mixed vertically and/or horizontally;
n. Locate commercial uses within walking distance;
o. Incorporate a wider range of housing types; and
p. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
f. Support or add to an existing neighborhood context;
g. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
h. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
i. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
j. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete
streets.
6. Providing standards and guidelines that emphasize natural amenities:
c. Preserve and integrate the natural amenities into the development; and
d. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
h. Where appropriate create a center within an existing neighborhood;
i. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
j. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
k. Foster the master plan development into a mix of feasible, market driven uses;
l. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
349
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 34 of 35
m. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
e. Support existing infrastructure that is within and adjacent to REMU zones;
f. Encourage thoughtfully developed master planned communities;
g. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
h. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
Use of this zone is
appropriate for sites at
least five acres in size
and areas located
adjacent to an existing
or planned residential
area to help sustain
commercial uses
within walking
distance and a wider
range of housing types.
The Zoning Correlation Table
on Page 58 of the Bozeman
Community Plan, 2020
correlates zoning districts with
the Growth Policy’s land use
categories, demonstrating that
the proposed zoning
designation of REMU
correlates with the Growth
Policy’s future land use
designation of “Residential
Mixed-Use”.
350
Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application
22113 Page 35 of 35
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: S&S Davis 86, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102
Applicant: S&S Davis 86, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102
Representative: Hyalite Engineers, 2304 N 7th Avenue, Suite L, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
351
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355
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Thursday, October 20, 2022 5:15:24 PM
Citizen Advisory Board Application
Submission #:2038560
IP Address:174.45.99.213
Submission Date:10/20/2022 5:15
Survey Time:10 minutes, 40 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
Douglas Fischer
Physical Address
1410 S. Montana Ave.
Bozeman, MT 59715
Primary Phone
4066008469
Additional Phone
Current Occupation
Science journalist
Employer
Environmental Health Sciences
Email
fischwing@gmail.com
Which position are you applying for?
Sustainability 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?
Yes
356
Where, how long, and what Board?
Bozeman Area Pedestrian & Traffic Safety Committee, 2019-2021
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I run a local nonprofit, Environmental Health Sciences, that advances public understanding of the science of our
health and environment, including climate change. I am a firm advocate of public service, having served since 2015
as a Trustee for the Bozeman School District. I also served on the city’s 2020 Climate Plan team. As a journalist, I do
not publicly advocate. But our family strives quietly to live the values embodied in the Committee’s work plan:
Buying local, composting, biking.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
Equity work does not happen by chance; it happens at the intersection of power and opportunity. As director of a
nonprofit focused on environmental justice, I bring an equity-rooted tenet to work contextualizing science,
improving our health, and making our environment safer and more sustainable for all. I work with and within
science and journalism to elevate power within communities and create opportunities so that race, gender, and/or
ZIP code do not predict your health or environment.
References
Read-Only Content
Reference #1 Full Name
Terry Cunningham
Phone
4065812060
Email
tcunningham@mcn.net
Section Break
Reference #2 Full Name
Tanya Reinhardt
Phone
4064373080
Email
Tanya.Reinhardt@msn.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?
Terry Cunningham
Is there any other information that you feel we need to know?
I hope my experience on the school board brings two benefits: First, having served on several advisory and
consensus committees within the district, I understand what a governing body such as the school board or City
Commission needs from an advisory panel – and the importance of the advisory panel remaining on task. Second, I
have seen how essential collaboration and idea-sharing is among local governments. I hope to encourage that.
Read-Only Content
357
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
358
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Thursday, October 13, 2022 11:01:50 AM
Citizen Advisory Board Application
Submission #:2022576
IP Address:153.90.19.2
Submission Date:10/13/2022 11:01
Survey Time:27 minutes, 22 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 Fitzmaurice
Physical Address
1418 W Dickerson St
Bozeman, Montana 59715
Primary Phone
5093414322
Additional Phone
Current Occupation
Student
Employer
Montana State University
Email
nicholasfitzmo@gmail.com
Which position are you applying for?
Sustainability 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?
1-5 years
Have you ever served on a City or County Board or Commission?
No
359
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.
At Montana State University, I joined the club Sustainability Now and a committee to plan MSU's annual Climate
Conference my freshman year. That same year, I started working at the Office of Sustainability where I developed,
launched, and now maintain our Green Cats Program. I served on MSU's Carbon Neutrality Taskforce, on CSAC
(committee and council), and as an ASMSU Senator. This summer, I was a Climate Policy intern at the American
Enterprise Institute in Washington, D.C.
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 am always seeking to grow in my values and applications of diversity, equity, and inclusion. I am currently serving
as president of Sigma Phi Epsilon at MSU, an academic and development-oriented fraternity, and I have undertaken
DEI training as a part of that position. Additionally, I am a volunteer ski patrol at my home ski hill in Washington
State where I have taken DEI training as part of my certifications. I would love to apply these skills on the
Sustainability Board.
References
Read-Only Content
Reference #1 Full Name
Kristin Blackler
Phone
7143925030
Email
kristin.blackler@montana.edu
Section Break
Reference #2 Full Name
Brian Kassar
Phone
4065704161
Email
briankassar@gmail.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?
Referred by Kristin Blackler at MSU's Office of Sustainability
Is there any other information that you feel we need to know?
I have been deeply involved with sustainability efforts on the MSU campus, but I would love to expand that
involvement to the City of Bozeman. While I am interested in all aspects of sustainability, I am particularly interested
in aiding carbon neutrality efforts and exploring opportunities to assist and accelerate the energy transition. I would
love to engage in conversations between the City of Bozeman and NorthWestern Energy as we eliminate Scope 2
emissions towards our 2050 neutrality goal.
Read-Only Content
360
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
361